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2003-08-04 CC PacketALBERTVILLE CITY COUNCIL AGENDA August 4, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) July 17, 2003, Joint Albertville-Otsdego City Council Workshop — Meeting Notes (p. 1-3) (b) July 21, 2003, City Council Meeting (p. 4-11) (c) July 23, 2003, Special City Council Meeting (p. 12-30) 3. CITIZEN FORUM - (io Minute Limit) • Terry & Cheryl Feldt, 5512 Lachman Avenue NE (p. 31-47) 4. CONSENT AGENDA (a) Approve payment of claims (p. 48-53) (b) Resolution #2003-23 (A Resolution Recognizing Volunteers —Elaine Engstrom) (p..54) (c) Approve Non -intoxicating Malt Liquor License for Smackdown's Sports Bar & Grill, Inc. for a pig roast on September 6, 2003, from 2:00 PM to Midnight (p. Ss) (d) Follow-up Sheet — July 7th Agenda (p. 56) 5. SPECIAL ORDER • Presentation of plaques to Elaine Engstrom 6. DEPARTMENT BUSINESS a. Fire Department (1) Pumper Truck b. Public Works (1) Public Works Report (p. 57) 3) slu c. Planning & Zoning Prairie Run Addition — Gold Key Development (p. 58-73) • Rezoning from R-1 A to PUD • Preliminary Plat Approval City Council Agenda August 4, 2003 Page 2 of 2 d. Engineering (1) Stowl Water Run-off Re ort z 3) e. Legal (1) Outlet Mall berm (2) Albert Villas Developer Agreement Amendment (3) Escrow Fee Ordinance (4) Update on complaints f. Administration (1) Schedule meeting/s for 2003 budget discussions (2) Resolution #2003 — A Resolution Acknowledging Resignation of Councilmember Tim Sweeney and Declaring a Vacancy (p. 74) //'30 7. ADJOURNMENT CITY OF OTSEGO CITY OF ALBERTVILLE JOINT CITY COUNCIL WORKSHOP MEETING NOTES July 17, 2003 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA Mayor Peterson called the Joint City Council Workshop to order. PRESENT: Otsego City Council: Mayor Larry Fournier, Councilmembers Jerry Struthers, Vern Heidner, and Virginia Wendel; City Staff: City Administrator Michael Robertson and City Engineer Ron Wagner Albertville City Council: Mayor Don Peterson, Councilmembers LeRoy Berning, Ron Klecker, Tom Fay, and Tim Sweeney; City Clerk Bridget Miller, and City Engineer Pete Carlson. Amend the agenda — Add Item 3.c. I-94 Interchange Albertville Councilmember Klecker made a motion to approve the amended agenda. Albertville Councilmember Sweeney seconded the motion. All voted aye. 2. SHARED SERVICES a) Sewer and Water from Otsego to Albertville Albertville City Engineer Carlson noted that the only way Albertville could currently serve the Greenhaven Estates area with sewer is with a lift station and a line coming under the freeway. He said it would be cheaper for Otsego to extend its' new sewer to the area or for Albertville to run a line from its sewer plant through Otsego to the area. Mayor Peterson said that there are currently about twenty (20) homes in the area on septic systems and that there does not seem to be a demand now for sewer. b) Water from Otsego to D'aigle Property City Engineer Carlson said the only way Albertville could serve the Daigle property is with a looped water system would be to run a waterline under Mud Lake. He said it would be cost effective to have that property served with water from Otsego. c) Sewer from Albertville to Otsego E4 District Otsego City Engineer Wagner said that for Otsego to serve this area would require a very deep sewer line. Albertville could serve the area with a line running east from its sewer plant at less cost. City Engineer Wagner estimated the area that Albertville could serve cheaper than Otsego would be approximately 480 acres. CITY OF ALBERTVILLE Joint Otsego -Albertville City Council Workshop July 17, 2003 Meeting Notes Page 2 of 3 d) Sewer from Albertville to Otsego, South of I-94 (Golden Triangle) City Engineer Carlson said that Albertville currently has a sewer line stubbed at the "Golden Triangle" area and they could serve is quicker and cheaper than Otsego. Otsego would have to run a line under I-94 from the north and construct a lift station. Councilmembers noted that most of the traffic from this area would access I-94 by way of County Road 37. City Engineer Carlson said the main reason for sharing services, outside of saving money due to efficiency, would be that Albertville could use the difference created by Otsgeo's higher SAC costs to provide some funds for road improvements 3. SHARED ROADS - COST AND TIMING FOR IMPROVEMENT a) 70th Street City Administrator Mike Robertson said that Otsego is looking at blacktopping 70`h Street in 2004 or 2005 due to development. Cit� Engineer Carlson said that the Towne Lakes development covers only a portion of 70` Street and that he doesn't think they have the ability to assess 50% of the costs. Mayor Peterson said that Towne Lakes plans don't have them accessing 701h Street for three years. City Administrator Robertson suggested that the two cities explore an agreement whereby Otsego could construct the road and Albertville would agree to pay it's share at some point in the future. b) MacIver Avenue City Engineer Wagner described Otsego's plans to construct MacIver as an arterial road, which would eventually fun from County Road 37 north to County Road 39. City Administrator Robertson said that this road was intended to relieve pressure on County Road 19 and to provide a way for all the new residential development in Otsego to reach I-94 without going through County Road 37 in Albertville. Councilmember Berning said that it makes sense for Albertville to support MacIver to reduce the strain on County Road 19. Mayor Peterson agreed but said the issue is that Albertville has little funding for roads. Albertville is not a State Aide City such as the City of Otsego is. c) I-94Interchange Mayor Peterson said that County Road 37 is Albertville's major traffic problem. They are asking MnDOT for authority to construct a full interchange at I-94 and County Road 19 to relieve County Road 37. They would like support and assistance from Otsego. Councilmember Wendel asked if there was any change of running a road north from the outlet mall to 70`h Street to prove another access to the mall. City Engineer Carlson said it was too late, there was no room. City Engineer Wagner stated some concerns Otsego had about County Road 19 and I-94 becoming a full interchange. Mayor Larry CITY OF ALBERTVILLE Joint Otsego -Albertville City Council Workshop July 17, 2003 Meeting Notes Page 3 of 3 Fournier spoke of the advantages of a full interchange at Kadler Avenue and I-94 for access to the Outlet Mall. 4. OTSEGO CREEK Councilmember Wendel asked if the MPCA still plans to make Albertville eventually run its sewer to the Crow River. City Engineer Carlson said "no", the Crow River's flow is too low and the Albertville would be discharging to Otsego Creek for the foreseeable future. City Administrator described Otsego's plans to dig out and improve Otsego Creek using developer fees. City Engineer Carlson described his plans to build a new control structure at the outlet of Mud Lake. He indicated the DNR had told him it would approve this if the two cities agreed. Councilmember Beming said that even though the developers are paying to improve the Creek it would be up to both cities to maintain it. Both Councils agreed to set up an Otsego Creek Authority meeting soon. Mayor Fournier thanked the Albertville Council for the meeting and said that Otsego would discuss all of these issues at its next City Council meeting and get back to Albertville. Mayor Peterson also stated that Albertville would discuss the issues at its next City Council meeting. 5. ANY OTHER BUSINESS There was no additional business. 6. ADJOURNMENT Councilmember Klecker made a motion to adjourn. Councilmember Fay seconded the motion. All voted aye. Meeting adjourned at 8:10 p.m. ALBERTVILLE CITY COUNCIL July 21, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Beming, Tim Sweeney, Tom Fay, and Ron Klecker, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al Brixius, Zoning Administrator Jon Sutherland and City Clerk Bridget Miller Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Add: 6.b.1. Weeds — Update 6.c.5. Outdoor Sales 6.e.4. Albert Villas — Edina Development Correct Name 6.d.4. Shared Sewer — Water with Otsego 612. Special Meeting — Bond Sale 6.f.3. New Construction — house on Main Avenue Sweeney made a motion to approve the agenda as amended. Fay seconded the motion. All voted aye. Klecker made a motion to approve the minutes of the July 7, 2003, regular meeting as presented. Sweeney seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. There was no one present that wished to address the Council. Councilmember Beming asked about the follow-up sheet. Include in the next City Council Packet. Beming made a motion to approve the Consent Agenda as presented. Klecker seconded the motion. All voted aye. Proceeded to Public Works Report. Tim Guimont reported that the City Administrator Goeb and the Secretary Hedquist put together a list and mailed out the letters. Councilmember Beming would like an update on the list and see if the Council needs to take action at the August 4`h Council meeting. City Attorney Couri commented that he would check out the agreement. There was concern about the RJ Marco property. It needs to be mowed on or by the hill. It was asked at what time does a silt fence be removed from a development project. 4 Albertville City Council Minutes July 21, 2003 Page 2 of 8 The walking path area by the Cottages of Albertville could use mowing. There was talk about getting an outside contractor to mow the area. Tim Guimont will obtain some quotes to get the areas mowed. Councilmember Fay inquired about the area near Culver's. They did do some mowing but looks like the boulevard was not cut. Some cars may not be able to see over the grass or weeds. Towne Lakes 3rd Developers Agreement was discussed next. City Attorney Couri briefly went over the areas that had changes and informed the Council of the costs involved. He brought to their attention page 17; Section 9.B., 9.C, and 9.13 of the Developer's Agreement. He commented about CSAH 19 and the future expansion Improvement costs. It is also noted about 701h Street Improvements. Councilmember Sweeney asked to go over the memorandum to clarify how they came up with the numbers. Councilmember Berning had concerns with the turn lanes at $62,000. $152,000 paid by the Developer (?). City Attorney felt it should be Special Assessed — same as our bond this fall. There was a question "Why go to a 12" water main?" City Engineer Carlson explained the reasoning for going to a 12" water main. He stated that it is only necessary for an 8" water main and they are willing to put in a 12" water main. There was a concern about the credit to the Developer. Councilmember Berning was wondering about the park plan. Could it go before the Parks Committee before it gets to far along in the developing process? Towne Lakes Developers agreed to come before the Parks Committee at the Tuesday, September 2, 2003 meeting. Councilmember Fay asked about the cost of improvements on CSAH 19 where does it start and./or end. City Attorney Couri explained the formula as to how much is developed and how much traffic it may add to County Road 19. Mayor Peterson asked if there was anyone in the audience regarding the Towne Lakes Development. There was no comment. Albertville City Council Minutes July 21, 2003 Page 3 of 8 Councilmember Sweeney made a motion to approve the Final Plat for Towne Lakes 3rd Addition. Klecker seconded the motion. All voted aye. Councilmember Sweeney made a motion to approve the Developer's Agreement. Fay seconded the motion. All voted aye. At this point Mayor Peterson acknowledged Edna Weber. He presented her with a plaque which honored her for the years of service she gave to the Albertville Friendly City Days Queen Committee. Proceeded to Keep it Safe Storage. City Planner Brixius commented that Pay and Jack Parsons, chief manager 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, Barthel's Industrial Park Addition. The subject site is 2.7 acres in -area and is zoned I-1, Limited Industrial District. He went over the lot and building requirements. He commented about the hours of access to the site would be limited. 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. Councilmember Fay asked about the sign and where on the site is it located. Is it near residential? City Planner Brixius pointed out the location of the sign. Mayor Peterson asked why such a tall sign. Why couldn't you go with a 30-foot sign? Paul and Jack Parsons commented the reason for the high sign is the lot next to the site is higher than their site; therefore you would not be able to see the sign if it were shorter. City Planner Brixius stated that in the CUP you could put a restriction on the lighting of the sign. You could require it be turned off at a certain time. It could be back light with white letters. Councilmember Berning commented about the other similar current businesses in Albertville. They all have ground signs. Mayor and Councilmembers wanted to compromise with the applicant's. Fay suggested a 20-25 foot high sign with black back lighting. Mayor Peterson would be willing to compromise on a 20-foot high sign, background dark with light letters. Restricted hours of illumination — turned off from 10:00 p.m. — 6:00 a.rn. 9 Albertville City Council Minutes July 21, 2003 Page 4of8 Councilmember Fay made a motion to approve Keep It Safe Storage with the additional restrictions shared at the council meeting on the height of the sign and restricted hours of operationibusiness. Berning seconded the motion. All voted aye. Council proceeded to Kollville Estates 3rd Addition. City Planner Brixius stated that Leuer-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 applicant is requesting a Preliminary Plat approval of the site. The question was brought up about the farm lot. It would remain until the time of sale. At that point the road/driveway would be corrected. Councilmembers wanted the restriction on the farm piece of additional buildings. If a building happens to burn or destroyed, another one could not be built in its place unless it meets the building requirements of percentage of lot space. City Attorney reviewed the restrictions and what it was zoned for. There was a question about what was behind Lot 11, Block 2. It is the existing driveway for the farm. Once 62"d Street is constructed the driveway from 62"d Street to Count Road 37 will no longer be accessible. The farm's driveway will be accessible from 62" Street and remain until the time of sale. Councilmembers asked if the 6% grade match the property grade. There was a concern about Outlot A. It will be deeded at the time of sale. There was a question about Park Dedication Fees. Does it include the farm? Landscaping issues was brought up. The size of the trees required. The boulevard trees that the developer plants are under a two-year guaranty, the individual residential trees may be one-year or less. Mayor Peterson asked if there was anyone in the audience regarding this Preliminary Plat. There was no one in the audience. Councilmember Klecker made a motion to approve the Preliminary Plat with any additional comments brought up at the Council meeting. Sweeney seconded the motion. All voted aye. 7 Albertville City Council Minutes July 21, 2003 Page 5 of 8 Council proceeded to the Outlet Mall Signage. City Planner Brixius handed out color -coded signage sheets. Councilmember Berning had a concern about the amount of signs they want to install. He feels some of the signs may not be necessary. Councilmember Sweeney didn't have a problem with the pylon name change signs. Mayor Peterson asked if there was anyone in the audience regarding the outlet mall signage. There was no one present. Councilmember Berning made a motion to approve the pylon name change signs, but not the V.1. signs. Fay seconded the motion. All voted aye. Next on the agenda was the RFP Community Signs. City Planner Brixius went over the signage issues throughout the city. Mayor Peterson asked if the signage could be accomplished this year (2003). Councilmember Berning asked about the funding for the signs. Could we ask if the businesses want to help out with the expense? Also reminded the Council to be careful of the area off of County Road 37 and Main Avenue. The Lions and Lioness' invested in fixing up the current sign/reader sign. Donating money to install a retaining wall and planting flowers around the area. City Planner Brixius informed the Council that this is a draft. He will meet with City Administrator Goeb and City Attorney Couri on Tuesday, July 22. We will need to re- schedule when the City Administrator returns from her family emergency. The Council will review again once the three staff members are able to put a draft together. The next agenda item was the modifications to the entrance at the Outlets at Albertville. City Engineer Carlson went over the proposed changes. They will be losing a few parking stalls here at the entrance. Trading off to gain additional stalls in another area. Councilmember Sweeney made a motion to approve the modifications to the entrance of the Mall. Berning seconded the motion. All voted aye. Next item was the Primary School park plan. 0 Albertville City Council Minutes July 21, 2003 Page 6 of 8 Mayor Peterson brought it to the City Engineer's attention that the Albertville School Board was not aware of the proposed park/play area. The Council proceeded to review the layout, but asked the City Engineer contacts the School Board in the future. There was concern about detention ponds. With this concept we could try to correct some of the drainage issues. It was brought up who would pay for the construction and be responsible for maintaining it. The City would seed the area. The question as to whether we set aside the cost to grade it and seed it. City Attorney Couri felt it would come out of the Park Dedication Fees. Councilmembers Berning and Sweeney preferred layouts No. 1 and No. 3. There was no motion made until the School Board had an opportunity to see the park/playground layouts. City Engineer Carlson proceeded to the next item up for discussion. On Wednesday, July 9, 2003 the bids were opened for the 2003 Seal Coat Improvements. Allied Blacktop, Inc. of Maple Grove, Minnesota Grove submitted the low bid. In the City Engineer's opinion, Allied Blacktop, Inc. is the lowest, responsive, responsible bidder and I recommend award to them based on their bid of $10,421.00. The question asked was what area in Albertville would this cover. It would cover Lambert Avenue and Lachman Avenue. Councilmember Sweeney made a motion to approve the low bid from Allied Blacktop, Inc. for the 2003 Seal Coat Improvements. Klecker seconded the motion. All voted aye. Amended item for discussion is the shared sewer and water service with Otsego. Councilmember Sweeney felt the hot spot Otsego was looking at is the Becker faun. City Engineer Carlson felt the 480-acres would be the first portion to pursue and not so much the Becker farm. Councilmember Beming agrees to look at helping with the 480-acres first. That might be more practical for out current plant capacity. Councilmember Fay also agrees that the 480-acres would be most beneficial. Helping out with 70`h Street should not be in consideration at this time. 9 Albertville City Council Minutes July 21, 2003 Page 7 of 8 The 480-acres seemed to be the area Albertville would be willing to assist Otsego with extending sewer service to. The Sump pump issue was next for discussion. City Engineer Carlson briefly reviewed the sump -pump issue. The only concern is with the winter months and how to deal with that. Councilmember Beming asked the verbiage be put in place incase of snowbirds. It was suggested to add in the Ordinance to require a pump for the sump basket. Councilmember Sweeney made a motion to approve ordinance 2003-14 Requiring Connection of Sump Pump Discharge to Drainage Structure. Klecker seconded the motion. All voted aye. The next issue of business was Ordinance 2003-15 — requirements for escrow to secure the installation of required improvements for new residential construction. The staff went over the concerns that brought up the reasons for implementing the Ordinance. The Mayor and Councilmembers thought the fee of $10,000 was a little high. The Council tabled the Ordinance to obtain some additional research. The Zoning Administrator will get the Builders reaction regarding the escrow and the dollar amount. Staff will do research with the surrounding communities and if they collect any escrow or not. Next item for discussion is to re -schedule the Joint meeting with the City of St. Michael. The Albertville City Council set the joint meeting to be scheduled on Thursday, August 21, 2003 at 7:00 p.m. no location noted at this time. The next item on the agenda is the house on Main Avenue. The Mayor commented the resident's lawn did not look well maintained. The Zoning Administrator and the City Attorney have looked into this issue. The homeowner built his house and did escrow for the landscaping. The homeowner did seed his lawn, but did not install a sprinkler system. City Attorney stated that by the time we go to court on this issue the lawn -seed would be filled in more. It was inquired as to what the homeowner's time schedule is. When does he propose to put in the driveway and complete other areas of concern? Albertville City Council Minutes July 21, 2003 Page 8 of 8 Zoning Administrator will look into the areas and time schedule. Councilmember Bering asked if about the Landscape Escrow. Are there any that are two (2) or more years old. City Clerk Miller will ask the Building Secretary for an update on how many are out there and when the dates they were escrowed. The last item for discussion was a name change. It was brought to the City's attention that the names recorded on the documents for Albert Villas 1 — 4 included the name of Inc. The correct name is: Edina Development. Councilmember Sweeney made a motion to amend the name change on the documents. Beming seconded the motion. All voted aye. It was brought to the City Council's attention that there is a Bond Sale set for Wednesday, July 23, 2003. It was intended to be a workshop/financial session beginning at 6:00 p.m., followed by the Bond Sale at 7:00 p.m. The Mayor and Councilmembers Berning and Fay could make it at 6:00 p.m. for the Bond Sale. Re -schedule of the Financial Workshop could be set for Tuesday, August 5th at 6:00 p.m. provided it works out for Mr. Paul Donna. We can confirm that with Mr. Donna on Wednesday at the Bond Sale. Councilmember Sweeney made a motion to adjourn. Berning seconded the motion. All voted aye. Meeting adjourned at 10:45 p.m. Mayor Donald Peterson City Clerk Bridget Miller f Extract of Minutes of Meeting of the City Council of the City of Albertville, Wright County, Minnesota Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Albertville, Minnesota, was duly held in the City Hall in said City on Wednesday, July 23, 2003, commencing at 7:00 o'clock P.M. The following members were present: Councilmembers Peterson, Fay and Berning and the following were absent: Klecker and Sweeney The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's approximately $3,235,000 General Obligation Improvement Bonds, Series 2003A. The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A attached. After due consideration of the proposals, Member Fay then introduced the following resolution, and moved its adoption: RESOLUTION NO. OOS ,4 j A RESOLUTION AWARDING THE SALE OF $3,235,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT EMT-234801 v 1 AL141-37 BE IT RESOLVED By the City Council of the City of Albertville, Wright County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The proposal of Cronin & Company (Purchaser) to purchase $3,235,000 General Obligation Improvement Bonds, Series 2003A (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $3,231,651.95 plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2005 2.00% 2010 3.20% 2006 2.00 2011 3.45 2007 2.50 2012 3.60 2008 3.00 2013 3.75 2009 3.00 2014 4.00 Term Bonds due February 1, 2016 at 4.00%. Term Bonds due February 1, 2019 at 4.15%. True interest cost: 3.3838073% 1.02. The sum of $45,176.95 being the amount proposed by the Purchaser in excess of $3,186,475 will be credited to the Debt Service Fund hereinafter created. The City Administrator is directed to retain the good faith check of the Purchaser, pending completion of the . sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of $3,235,000, originally dated as of the date of delivery, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: EMT-234801 v 1 AL141-37 13 Year Amount Year Amount 2005 $410,000 2010 $80,000 2006 450,000 2011 85,000 2007 455,000 2012 90,000 2008 470,000 2013 90,000 2009 480,000 2014 95,000 Term Bonds due February 1, 2016 in the aggregate principal amount of $200,000. Term Bonds due February 1, 2019 in the aggregate principal amount of $330,000. 1.04. Optional Redemption. The City may elect on February 1, 2011, and on any day thereafter to prepay Bonds. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.05. Mandatory Redemption. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date Principal Amount February 1, 2016 Term Bonds 2015 $100.000 2016 (maturity) 100,000 2019 Term Bonds 2017 $105,000 2018 110,000 2019 (maturity) 115,000 The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. Section 2. Registration and Pant. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. EMT-234801 v 1 AL141-37 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August I of each year, commencing August 1, 2004, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the EMT-234801 v 1 AL141-37 Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds, Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each EMT-234801 %, i AL141.37 principal or interest due date, without further order of this Council, the City Administrator must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: EMT-234801 v 1 AL141-37 17 No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF ALBERTVILLE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2003A Date of Rate Maturity Original Issue CUSIP Registered Owner: Cede & Co. The City of Albertville, Minnesota, a duly organized and existing municipal corporation in Wright County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2004, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar,' Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2011, and on any day thereafter to prepay Bonds. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The Tenn Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: EMT-234801 v 1 AL141-37 Sinking Fund Installment Date Principal Amount February 1, 2016 Term Bonds 2015 $100,000 2016 (maturity) 100,000 2019 Tenn Bonds 2017 $105,000 2018 110,000 2019 (maturity) 115,000 The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $3,235,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on July 23, 2003 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same EMT-234801 v 1 AL141-37 date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Albertville, Wright County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile) City Administrator CITY OF ALBERTVILLE, MINNESOTA (Facsimile) Mayor EMT-234801 v 1 AL141-37 20 N a CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in frill according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. EMT-234801 v 1 AL141-37 r Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Cede & Co. Federal ID #13-2555119 Signature of Officer of Registrar EMT-234801 v 1 AL141-37 3.02. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Improvement Bonds, Series 2003A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or to be levied for the improvements described in the resolution authorizing the sale of the Bonds (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Administrator is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2004 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. EMT-234801 v 1 AL141-37 23 (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is determined that at least 20% of the cost of the Improvements will be specially assessed against benefited properties. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Levy (See Attachment A) 4.04. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Administrator may certify to the County Auditor of Wright County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.05. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. EMT-234801vl AL141-37 5.02. The Mayor and City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2003) exceed the small -issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small -issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; EMT-234801 v 1 AL141-37 25 (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2003 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2003 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-EntrySystem, Limited Obligation of City. 7.01. The Bonds will be initially issued in the fonn of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated EMT-234801 v 1 AL 141-37 26 Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon ` DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the SEC Rule), the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof. 8.02. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take EMT-234801 v 1 Al_141-37 27 such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.03. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member Beming, and upon vote being taken thereon, the following voted in favor thereof: Peterson, Fay and Berning and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. EMT-234801 v 1 AI-141-37 STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF ALBERTVILLE ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Albertville, Wright County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of the City held on July 23, 2003 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $3,235,000 General Obligation Improvement Bonds, Series 2003A of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this 23rd day of July, 2003. CiI"y Administrator Albertville, Minnesota (SEAL) EMT-234801 v 1 AL141-37 29 ATTACHMENT A FINAL $3,235,000.00 City of Albertville, Minnesota General Obligation Improvement Bonds of 2003 REVENUE VS D/S Less: Equals: Less: Less: Equals: Special Certified Levy Sewer County Net D/S Levy Date Scheduled P+I Assessments @105% Revenue Payments Required ✓;erlfied �otlected!' 2/01 /20D4 - - - - 2/01/2005 548,334.35 392,024.50 164,125.34 41,392.36 50,000.00 72,732.98 2003 2004 2/01/20D6 536,477.50 392,024.64 151,675.50. 38,675.00 50,D00.00 63,000.50 2004 2005 2/01/2D07 532,477.50 392,024.18 147,475.99 37,975.00 50,000.00 59,500.99 2005 2006 2/01/2008 536,102.50 392,025.12 151,281.25 37,100.00 50,000.00 64,181.25 2006 2007 2/01/2009 532,002.50 392,024.16 146,977.26 36,050.00 50,000.00 60,927.26 2007 2008 2/01/2010 117,602.50 123,482.63 50,D00.00 73,482.63 2008 2009 2/01/2011 120,042.50 126,044.63 50,000.00 76,044.63 2009 2010 2/01/2012 122,110.D0 128,215.50 50,000.00 78,215.50 2010 2011 2/01/2013 118,870.00 124,813.50 50,DD0.00 74,813.50 2011 2D12 2/01/2014 120,495.00 126,519.75 50,000.00 76,519.75 2012 2013 2/01/2015 121.695.00 127,779.75 50,000.00 77,779.75 2013 2014 2/01/2016 117,695.00 123,579.75 50,000.00 73,579.75 2014 2015 2/01/2017 118,695.00 124,629.75 50,000.00 74,629.75 2015 2016 2/01/2018 119,337.50 125,3D4.38 50,000.00 75,304.38 2016 2017 2/01/2019 119,772.50 125,761.13 50,000.00 75,761.13 2017 2018 Total 3,881,709.35 1,960,122.60 2,017,666.09 191,192.36 750,000.00 1,076,473.73 " Based on $1,725,000 of assessments filed for first collection in 2004 at a rate of 4.35% (NIC + 1.50%) over a term of five years requiring level annual payments. Northland Securities Inc. Public Finance Page 8 30 A,,Ibcrtvi Ile Smoll Town Uvin _ Big Cit life_ City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 763-497-3384 Fax: 763-497-3210 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 ALBERTVILLE CITY COUNCIL MEETING Date of Meeting: Name: -' 0` -`1 m Address: Phone Number: Business to be addressed by City Council: jvu Action Requested of Council: Signed: Settings\thedquisIA4v Documcnts'.Request to be on CC Agenda.doc Date: 31 Picture Legend: I. View of pond in 2000 Note the gradual slope of MR. or MRS X's lot (they have never introduced themselves to us). It would appear to me that there should be some kind of steeper drop off as there is on Smiths, Feldts and Rudnicks (the other property owners on the pond). The shallow grade is conducive to cattail growth. 2. Same view this week. Note the massive cattail growth on Mr. and Mrs. X's lot due to the shallow grade. 3. Mr. Winslow, the former owner, knew of the problem, and started building a retaining wall, so he could back fill behind it. He never completed the wall, or back filled 4. The "Infamous Board", note that the notch in the board is approximately 4 1/2 inches above the concrete of the culvert. Also note that the water level is well below the notch (it leaks). 5. View of "The Board " from the Feldts lot. If the board goes, does the landscaping go also??? The landscaping was done by the Feldts for the enjoyment of all 4 property owners that border the pond (the residents of the town homes enjoy it as well). 6. View from the "Board" to the Feldt's lot. Note: a. Wood Duck house (does this go)? b. The slope of the lot (much steeper than Mr. and Mrs. X's) c. Only selective cattails (by wood duck house) remain. The others were hand pulled by the Feldts & the Smiths to prevent the pond being over grown by them. 7. View from the Feldt's, does the Mallard nest go too???? 8. This is the area between the Pond and the swamp. Note: a. That the town homes also have access to the area b. The maple trees, birch trees and lilac bushes planted at the Feldt's expense, do they go?? c. The Feldt's maintain the alleyway between the swamp and the pond also. Do we not do this any more??? d. There is a sharp grade here also. 9. This is a picture of the gradual slope on Mr. and Mrs. X's lot. Note the cattails, right up to the "mow" line. 1 O.This is a view from the other side of Mr. and Mrs. X's lot. The pond is on the left, but you can't see it because of the cattails (again, the shallow grade) that go out at least 20 ft. 1 l.Overall view from the Feldts 32 Other Notes: a. As you can see the pond will become over grown with cattails in a very short time. b. With the pond overgrown with cattails, we will lose the wildlife (wood ducks, mallards, and Canadian geese) we and the other property owners currently enjoy. c. Without the Feldt's pulling of the cattails, the fountain (to keep the water aerated and healthy), the addition of chemicals to keep the submerged weeds under control, the area would become a mosquito infested, duckweed filled, and smelly swamp. (see Picture A) All because the pond is too shallow (thus the "board" to increase the depth). d. Picture B shows the silt that was deposited as the result of the construction of the new Corbins (several city employees have made note of this, as their silt fence didn't work!!!). The water is only a few inches deep many feet into the pond. Solution: Dredge the pond deeper (bill the Corbin's development people) and put the material that was dredged on Mr. and Mrs. X's lot, making the steeper grade needed. If we increase the depth, the cattails will not grow, the board disappears, Mr. and Mrs. X gain yard, and the Feldt's continue to maintain the pond. Everyone's happy!! Terry and Cheryl Feldt 5512 Lachman Avenue Albertville MN 55301 Home # 763497-5852 33 ' 7.67 ' _ "-'-�: - _ _ �_ . 7T t - s ►� 57TH STRBBT ME 9 ► -j 1�-V WE - 329.24 -- - �� N89.30' 17'W 562 33 Y` yI L-K�I e ,� 2sa•E �2aeo _.. - . _ k... t.::.. — _ -- — — — L-a1.f9 220.10 it ._•:. / I"Ol �aQ20 NN'JO n'w 2J2: K7 s7 A00'70 /0' }►off' ' -'� \ A-Or"34• It 'i! 1 GiYq 0!! wr Emon..e----i.t; p' .. �. e 1 OUTLOT F Ow am NA 3N710 + (Sm NNW ? of I) - O W 1 Q J 1 04LOT Jr - _ - na9.v•3s•w -�w ta _ 170.44 r 1a m jl z I Vr�J A i:a t- W I� ''2537•f r - 136.72 Z : ". HM•30.17•w OUTLOT Ccm N� ? DRAINAGE AND �+ p `a •o N rp UTILRY EASEMENT - DUTLOT C ! r OUTLOT D p_ e1 �130 f Nam. a a 30 �• s-•o n/� Z a 1 7• y neerSl'2z'w NW51.22'w M6 7A OUS - 1 a, s DRAINAGE AND UTILITY EASEMENT ---- Z °�I�I� •t� *07.35 4- 107.1 at Ila 1 1325.32--Ig .ail g � �� \ 1 �• I I I to It Line W :? ��79 13? CURVE TABLE C1 K 1Js1 2�000 ,N �-k J0a a ��tio;rRN w`o� L-z 20 let 0RAMS Ar 90-0 nument 2no2 0l:S �2zmiL a +a s 23oo0 Xoi 21729, G2ala 23000 7l nument c. , 8 • +al I gl i~Q' Z 3 �� ►�• 21729. Z sl $ 81 v this p t, t S� I I ZI I If L` _J L_4T41_�L - - N88.51'22"W 34 35 m . ' 37 g _ . a =d' w a' w. � hs u� e , ; d` sr i s z� .e. • . F .a / } G ago s 4 %^ _ �dTkA - t. 4 x. 5 41 a ,k, i. yL f rrro m � L� x� v t Y j 4 r - h ps1 J i� •+' w :,.� gyp: 2 4 IA-M. k. 47 lbertvijjc Smdl T.— Uving. Big City Urs. CITY OF ALBERTVILLE *Check Detail Register© August 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 018349 ,. 8/412003 A #1 BATTERY SOURCE E 602-49400-210 Operating Supplies (GENERAL) _ $21.25 2223 Cell phone leather case Total A 91 BATTERY SOURCE $21.25 Paid Chk# 018350E 8/4/2003 ALPINE HOMES G 101-22800 Landscaping Escrow $2,750.00 420594 5467 Kali Avenue Total ALPINE HOMES $2,750.00 -.,,, _-.. � d Paid Chk# 018351 8/4/2003 BARTHEL BUS GARAGE E 409-47000-640 Tax Increment Return Payment $4,340.90 2003 TIF Paym 2003-1st half paymnt Total BARTHEL BUS GARAGE $4,340.90 Paid Chk# 018352 8/4/2003 BUFFALO BITUMINOUS INC. E 448-4900')-?"` ^ 1 c'ices ($2,453.04) 2003 Pay No. Credit on Buffalo Acct. E 448-1 $188.093.42 2003 Pay No. 2003 CSAH 19 Upgrade Total BUFFALO BITUMINOUS INC. $185,640.38 Paid Chk# 018353 8/4/2003 C 8 C DESIGN HOMES 11 G 101-22800 Landscaping Escrow $3,000.00 420578 5045 KAGAN AVENUE Total C & C DESIGN HOMES $3,000.00 Paid Chk# 018354 ' 8/4/2003 CENTER POINT ENERGY E 601-49450-383 Gas Utilities $29.42 July 2003 Gas Utilities -Sewage Plant Total CENTER POINT ENERGY $29.42 Paid Chk# 018355 8/4/2003 CHRISTIAN BUILDERS G 101-22800 Landscaping Escrow $500.00 420487 Total CHRISTIAN BUILDERS $500.00 Paid Chk# 018356 8/4/2003 ' COURI 8 MAC ARTHUR E 463-49000-304 Legal Fees $110.00 July 2003 E 101-41600-304 Legal Fees $1,257.50 July 2003 E 101-41600-304 Legal Fees $27.50 July 2003 E 453-49000-304 Legal Fees $27.50 July 2003 E 452-49000-304 Legal Fees $27.50 July 2003 E 448-49000-304 Legal Fees $275.00 July 2003 E 101-41600-304 Legal Fees $82.50 July 2003 E 450-49000-304 Legal Fees $1,760.00 July 2003 E 463-49000-304 Legal Fees $27.50 July 2003 E 462-49000-304 Legal Fees $137.50 July 2003 E 456-49000-304 Legal Fees $5,417.50 July 2003 Total COURI & MACARTHUR $9,150.00 Paid Chk#' 018357 8/4/2003 DJ'S TOTAL HOME CARE CENTER E 101-41940-210 E 101-45100-210 E 101-45100-210 E 101-45100-210 E 101-41940-399 E 602-49400-210 E 101-43100-215 E 101-43100-215 E 101-43100-405 E 602-49400-445 E 101-45100-210 E 101-45100-210 E 101-45100-210 Operating Supplies (GENERAL) Operating Supplies (GENERAL) Operating Supplies (GENERAL) Operating Supplies (GENERAL) Miscellaneous Operating Supplies (GENERAL) Shop Supplies Shop Supplies Repair/Maint - Buildings C/O - Tools Operating Supplies (GENERAL) Operating Supplies (GENERAL) Operating Supplies (GENERAL) $21.21 685409 $21.28 685446 $3.17 685525 $73.23 686493 $58.05 686975 $14.44 688106 $8.81 688618 $1.41 688641 $31.63 689276 $94.23 689307 $38.92 689653 $19.23 689683 $31.90 691067 11410 53rd Court NW Commercial General Services Fire Dept. Kollville Estates 3rd Outlet Mall Expansion Highway 19 2003 Bonding AV 6th Darkenwald Albertville Crossings Towne Lakes supplies Parks Parks Park misc supplies supplies supplies maintenance supplies tools supplies0 supplies supplies 08/01/03 10:25 AM Page 1 48 CITY OF ALBERTVILLE 08/01/03 10:25 AM 1bertvi j je *Check Detail Register© Page 2 Smail Town living. Big City Ws. August 2003 Check Amt Invoice Comment E 101-45100-210 Operating Supplies (GENERAL) $8.86 691550 supplies E 101-45100-210 Operating Supplies (GENERAL) ($0.21) 691560 credit memo E 101-45100-210 Operating Supplies (GENERAL) $54.00 691762 supplies E 101-45100-530 Improvements Other Than Bldgs $19.15 692191 bldg improvement E 101-45100-210 Operating Supplies (GENERAL) $13.60 692621 supplies E 101-41940-399 Miscellaneous $29.27 692623 supplies E 101-43100-400 Repair/Maint - Paved Rd $105.12 693798 supplies E 101-45100-530 Improvements Other Than Bldgs $9.57 694210 improvement E 101-45100-530 Improvements Other Than Bldgs $31.53 694322 improvement E 101-49300-660 Capital Projects Reserve $30.90 694794 Flood supplies E 101-42000-405 Repair/Maint - Buildings $10.64 695015 Fire Total DJ'S TOTAL HOME CARE CENTER _ $729.94 Paid Chk# 018358 ' „ 8/4/2003 DON-S AUTO BmREPAIR E 101-42000-212 Motor Fuels E 101-42000-212 Motor Fuels E 602-49400-212 Motor Fuels E 101-45100-212 Motor Fuels E 101-42000-212 Motor Fuels E 101-42000-404 Repair/Maint- Machinery/Equip Total DON'S AUTO & REPAIR $25.60 17777 Fire $22.84 17931 Fire $39.74 18076 Water $25.47 18205 Parks $30.24 18409 Fire $399.69 21956 Fire Dept -repair $543.58 Paid Chk# 018359 8/'4/2"00"3 EGGEN'S DIRECT SERVICE, INC. E 602-49400-212 Motor Fuels $4.08 water E 601-49450-212 Motor Fuels $32.00 sewer E 601-49450-212 Motor Fuels $2.83 44896 sewer E 602-49400-212 Motor Fuels $35.00 77845 water E 101-42000-212 Motor Fuels $35.00 77845 fire E 601-49450-212 Motor Fuels $2.75 77846 sewer E 101-43100-212 Motor Fuels $24.99 77856 pw E 602-49400-212 Motor Fuels $36.00 77862 sewer E 101-43100-212 Motor Fuels $28.71 77873 pw E 601-49450-210 Operating Supplies (GENERAL) $47.52 77882 supplies E 101-43100-212 Motor Fuels $40.43 77897 pw E 101-43100-212 Motor Fuels $5.91 77910 pw E 101-43100-212 Motor Fuels $4.60 July 2003 finance charge Total EGGEN'S DIRECT SERVICE, INC. $299.82 PaidChk# 018360 8/4/2003 "ENGINEERING AMERICA, INC E 601-49450-210 Operating Supplies (GENERAL) $110.00 4711 supplies ..--------____---- Total ENGINEERING AMERICA, INC $110.00 Paid Chk# 01836i 8/4/2003 ESS BROTHERS & SONS, INC. E 101-45100-405 Repair/Maint - Buildings $143.78 FF2684 Maintence Parks Total ESS BROTHERS & SONS, INC. $143.78 Paid Chk#.018362 8/4/2003 ' EULL, JOEL R. E 101-43100-410 Rentals (GENERAL) $1,000.00 2003-07 building rental Total EULL, JOEL R. $1,000.00 Paid Chk# 018363 8/4/2003 FASTENAL COMPANY E 602-49400-407 R/M - Water Mains $230.91 mnmon11609 Repair parts Total FASTENAL COMPANY $230.91 Paid Chk# 018364 8/4/2003 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $19.60 F10118 ballfields E 101-45100-210 Operating Supplies (GENERAL) $84.99 F10240 Parks E 101-45100-210 Operating Supplies (GENERAL) $202.31 F10427 weed control 49 ► k lbcrtvi j k Smoll Town Wing. !eg City We. CITY OF ALBERTVILLE *Check Detail Register© August 2003 Check Amt Invoice Comment Total FEDERATED CO-OPS, INC. $306.90 Paid Chk# 018365 8/4%2003 FRONTLINE PLUS FIRER RESCUE _ E 101-42000-437 Misc. Donations $797.18 8667 wrenches/bunker boots Total FRONTLINE PLUS FIRE & RESCUE $797.18 Paid Chk# 018366 8/4/2003 HENRY S ASSOCIATES E 602-49400-407 R/M - Water Mains $385.74 7672 water main repair Total HENRY & ASSOCIATES V385 74 Paid Chk# 018367 8/4/2003 ~ KNEISZLER CONSTRU11 CTION 08/01/03 10:25 AM Page 3 E 411-47000-640 Tax Increment Return Payment _$16,242.40. 2003 Half Pay 2003 half payrment Total LAND OF LAKES TILE CO. $16,242.40 Paid Chk# 018370 874/2003 LANO EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $44.32 62613 repair parts Total LAND EQUIPMENT $44.32 Paid Chk# 018371 ,. &4/2003 LARSON PUBLICATIONS E 460-49450-351 Legal Notices Publishing $141.83 01516911-001 Legal notices E 101-42000-437 Misc. Donations $79.20 06543042-001 Fire Prevention week E 101-49300-660 Capital Projects Reserve $665.28 06543854-001 Thank you ad Total LARSON PUBLICATIONS $886.31 Paid Chk# 018372 8%42003 LATOUR CONSTRUCTION, INC... E 463-49000-310 Other Professional Services $43,711.15 2003 Pay No. 2002 NW Comm Total LATOUR CONSTRUCTION, INC. $43,711.15 Paid Chk# 018373 8/4/2003 M M HOMES G 101-22800 Landscaping Escrow $3,000.00 420500 10215 Kali Avenue G 101-22800 Landscaping Escrow $3,000.00 420591 5040 Kahl Avenue Total M M HOMES $6,000.00 Paid Chk# '018374 8/4/2003 MEDICA E 101-41400-131 Employer Paid Health $2,073.05 103213115311 Medical Ins -Office Staff E 101-42400-130 Employer Paid Ins (GENERAL) $2,073.05 103213115311 Medical Ins -Bldg Inspec E 101-45100-130 Employer Paid Ins (GENERAL) $1,554.79 103213115311 Medical Ins - Parks/Parks E 101-41300-131 Employer Paid Health $1,036.53 103213115311 Medical Ins -Administrator E 602-49400-130 Employer Paid Ins (GENERAL) $1,036.53 103213115311 Medical Ins - Water E 601-49450-130 Employer Paid Ins (GENERAL) $1,036.52 103213115311 Medical Ins-WWTF E 101-43100-130 Employer Paid Ins (GENERAL) $1,554.78 103213115311 Medical Ins - PW/PW Total MEDICA $10,365.25 Paid Chk#018375 8/4/2003 METROFIRE E 101-42000-200 Office Supplies (GENERAL) $428.13 13816 6-5gallon pails E 101-42000-437 Misc. Donations $181.97 13826 quick Attack foam tube Total METRO FIRE $610.10 Paid Chk# 018376 8/4/2003 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $560.00 131081 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $174.00 131150 Testing Expense (CBOD-5) 419 4 n A�Ibcrtvijlc f CITY OF ALBERTVILLE *Check Detail Register© August 2003 Check Amt Invoice Comment Total MIDWEST ANALYTICAL SERVICES $734.00 Paid Chk# 018377 ' N 8/4/2003 MINNESOTA PCA E 601-49450-208 Training and Instruction $32.00 Sean Vold Class C Examination E 101-43100-208 Training and Instruction $32.00 Tim Guimont Class C Examination Total MINNESOTA PCA $64.00 Paid Chk# 018378 8/4/2003 MINNESOTA COPY SYSTEMS 08/01 /03 10:25 AM Page 4 E 101-41400-413 Office Equipment Rental $61.87 118530 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $61.87 Paid Chk#018379" ... w,8!4/2003. ..,., 3 .sFMN DEPT. OF TRADE/ECON. DEV.. E 601-49450-601 Debt Sry Bond Principal $34,218.73 Revolving Loan Fund E 601-49450-611 Bond Interest $15,746.53 interest Total MN DEPT. OF TRADE/ECON. DEV. $49,965.26 Paid Chk# 018380, 8%4/ 003 MOLD TECH, INC. E 410-47000-640 Tax Increment Return Payment $5,120.61 2003 half paynt 2003 half payment Total MOLD TECH, INC. $5,120.61 Paid Chk# 018381 8/4/2003 MORNINGSTAR G 101-22800 Landscaping Escrow $3,000.00 420571 10508 51st Street Total MORNINGSTAR _ $3 000.00 Paid Chk# 018382 8/4/2003 NCPERS GROUP LIFE INSURANCE G 101-21710 Other Deducations $16.00 August 2003 NCPERS Insurance Prem Total NCPERS GROUP LIFE INSURANCE $16.00 Paid Chk# 018383 8/4/2003 NEXTEL COMMUNICATIONS E 101-41400-323 Nextel Radio Units $44.03 718183318-02 Two-way Cell-Eng Inspec E 601-49450-323 Nextel Radio Units $44.03 718183318-02 Two-way Cell - Sewage Plant E 101-42400-321 Telephone $44.03 718183318-02 Two-way Cell - Bldg Dept. E 101-42000-321 Telephone $44.03 718183318-02 Two-way Cell -Fire Dept. E 101-41400-323 Nextel Radio Units $44.03 718183318-02 Two-way Cell -Office Staff E 101-41400-323 Nextel Radio Units $44.03 718183318-02 Two-way Cell -Office Staff E 101-41400-323 Nextel Radio Units $44.03 718183318-02 Two-way Cell -Office Staff E 101-43100-323 Nextel Radio Units $66.20 718183318-02 Two-way Cell - PW Dept E 101-42400-321 Telephone $73.99 718183318-02 Two-way Cell - Bldg Dept. E 602-49400-323 Nextel Radio Units $44.03 718183318-02 Two-way Cell - Water Dept E 101-45100-323 Nextel Radio Units $66.21 718183318-02 Two-way Cell - Parks Dept Total NEXTEL COMMUNICATIONS $558 64 Paid Chk#'018384 8/4%2003 NORTHERN TOOL & EQUIPMENT E 101-45100-588 C/O - Park Mach/Equip $191.65 08420462 parts E 101-45100-588 C/O - Park Mach/Equip $19.63 08420472 parts Total NORTHERN TOOL & EQUIPMENT $211.28 Paid Chk# 018385 8/4/2003 NORTHWOODS SERVICES G 101-22800 Landscaping Escrow $3,000.00 420518 10374 52nd Street Total NORTHWOODS SERVICES $3,000.00 Paid Chk# 018386 8/4/2003 PARAMOUNT HOMES G 101-22800 Landscaping Escrow $3,000.00 420592 5061 Kahl Avenue Total PARAMOUNT HOMES $3,000.00 Paid Chk# 018387 8/4/2003 PINNACLE PRINTING, INC. E 101-41400-200 Office Supplies (GENERAL) $266.25 2018 Printing -checks Total PINNACLE PRINTING, INC. $266.25 5 Nbertville Small Town living. Big City We. CITY OF ALBERTVILLE *Check Detail Register© August 2003 Check Amt Invoice Comment Paid Chk# 018388 ' 8/4%2003 PORTABLES PLUS SANITATION E 101-45100-415 Other Equipment Rentals $345.20 107631 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $345.20 08/01/03 10:25 AM Page 5 1-1111-11 M"""; Paid Chk# 018389 8/4%200 3 PURCHASE POWER E 101-41400-413 Office Equipment Rental $29.00 2003 late fee Postage Machine Rental Total PURCHASE POWER $29.00 Paid Chk# 018390 "8/4/2003 ' QUILL CORPORATION E 101-41400-200 Office Supplies (GENERAL) $126.99 2344414 GENERAL SUPPLIES Total QUILL CORPORATION $126.99 Paitl Chk# 0183911 1 8/4/21003 ROGERIS RADIATOR E 601-49450-404 Repair/Maint - Machinery/Equip $105.00 16004 repair hyd pump Total ROGERS RADIATOR $105.00 Paid Chk# 018392� 8A/2003 S. E. H. � E 101-43100-223 Seal Coating $1,137.96 0102427 seal coat improvements E 453-49000-303 Engineering Fees $684.50 0102428 kollville 3rd E 101-43100-224 Street Overlayment $726.90 0102429 2003 street overlay E 604-49660-300 Professional Srvs (GENERAL) $3,613.09 0102430 Stormwater Hydrology Study E 456-49000-303 Engineering Fees $1,297.89 0102431 Towne Lakes E 452-49000-303 Engineering Fees $1,952.13 0102432 Outlets E 456-49000-303 Engineering Fees $2,419.50 0102433 Towne Lakes E 101-45000-597 Ice Arena Funding $287.21 0102434 Ice Arena Parking Lot Expansio E 101-41700-303 Engineering Fees $5,195.52 0102435 General Services E 448-49000-303 Engineering Fees $41,294.68 0102436 CSAH 19 E 101-41700-303 Engineering Fees $5,525.49 0102437 NE Wright County Study E 450-49000-303 Engineering Fees $6,897.24 0102438 AV 6th R 101-32210 Building Permits $2,250.00 0102439 Lot Sruvey E 463-49000-303 Engineering Fees $439.68 0102440 Darkenwald Comm E 450-49000-303 Engineering Fees $554.21 0102441 AV 4th E 450-49000-303 Engineering Fees $1,371.30 0102442 AV 3rd E 450-49000-303 Engineering Fees $318.85 0102443 AV 2nd E 101-41700-303 Engineering Fees $1,815.76 0102501 PW Facility Space E 101-41700-303 Engineering Fees $985.20 0102812 Bidding 8 Construction Total S. E. H. $78,767.11 Paid Chk# 018393 8/4/2003 SCHARBER & SONS E 101-45100-404 Repair/Maint - Machinery/Equip $51.27 01-296150 misc parts E 101-45100-404 Repair/Maint- Machinery/Equip $28.39 01-297026 parts E 602-49400-404 Repair/Maint - Machinery/Equip $60.86 01-297578 wheel & parts Total SCHARBER & SONS $140.52 Paid Chk# 018394 8/4/2003 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $50.97 323431 Security - Fire Hall Total SENTRY SYSTEMS, INC. $50.97 Paid Chk# 018395 8/4/2003 SPRINT- MO E 101-42000-321 Telephone $42.15 July 2003 Phone - Fire Dept line E 101-41940-321 Telephone $243.38 July 2003 Phone - tax/surcharges E 101-41940-321 Telephone $190.22 July 2003 Phone - CH main line E 101-41940-321 Telephone $134.98 July 2003 Phone - E-mail line E 101-42400-321 Telephone $58.24 July 2003 Phone - Bldg Dept E 101-41940-321 Telephone $52.24 July 2003 Phone - CH 4th line E 101-41940-321 Telephone $51.29 July 2003 Phone - CH 3rd line E 101-41940-321 Telephone $51.29 July 2003 Phone - CH 2nd line E 101-42400-321 Telephone $51.29 July 2003 Phone - Bldg Dept ^1,-., CITY OF ALBERTVILLE 08/01/03 10:25 AM 11e *Check Detail Re lbertvi ister© Page g Smell Town Wing. 019 City Ufa. August 2003 Check Amt Invoice Comment E 101-41940-321 Telephone $28.70 July 2003 Phone - CH private line E 101-41940-321 Telephone $16.55 July 2003 Phone - CH main line E 101-42400-321 Telephone $51.29 July 2003 Phone - Bldg Dept E 101-41940-321 Telephone $20.00 July 2003 Phone - Office Supplies E 101-42000-321 Telephone $34.20 July 2003 Phone - Fire Dept fax E 101-42400-321 Telephone $31.34 July 2003 Phone - Bldg Dept E 101-42400-321 Telephone $31.34 July 2003 Phone - Bldg Dept E 101-41940-321 Telephone $31.34 July 2003 Phone - CH Fax line E 101-41940-321 Telephone $31.34 July 2003 Phone - CH Internet Sery E 101-43100-321 Telephone $31.34 July 2003 Phone - PW Garage main E 101-43100-321 Telephone $31.34 July 2003 Phone - Sewer/Water fax Total SPRINT- MO $1,213.86 Paid Chk# 018396 8/4/2003 VEIT DISPOSAL SYSTEMS E 101-43100-405 Repair/Maint - Buildings $75.00 A03027.7 asbestos abatement Total VEIT DISPOSAL SYSTEMS $75.00 Paid Chk# 018397 8/4/2003 VERIZON E 101-42000-321 Telephone $21.02 July 2003 Fire Dept. Total VERIZON $21.02 Paid Chk# 018398 5J4/2003 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities E 101-43160-381 Electric Utilities E 601-49450-381 Electric Utilities Total WRIGHT-HENNEPIN COOPERATIVE Fund Summary 101 GENERAL FUND 409 TIF #9 - BARTHEL BUS 410 TIF #10 - MOLD TECH 411 TIF #11 - LAND OF LAKES 448 CSAH 19 IMPROVEMENT 450 ALBERT VILLAS 452 TRAFFIC LIGHT 453 KOLLEVILLE ESTATES 456 TOWNE LAKES 460 2000 WWTF EXPANSION 462 COBURN'S 463 NW COMMERCIAL PARK 601 SEWER FUND 602 WATER FUND 604 STORM WATER $49.32 July 2003 Street Lighting - 58-59-60 St. $152.00 July 2003 Street Lighting -Towne Lakes $137.85 July 2003 Electric -Towne Lakes -Lift Stat $339.17 10100 Premier Bank $441,051.08 10100 Premier Bank $62,946.25 $4,340.90 $5,120.61 $16,242.40 $227,210.06 $10,901.60 $1,979.63 $712.00 $9,134.89 $141.83 $137.50 $44,288.33 $52,279.18 $2,002.81 $3,613.09 $441,051.08 CITY OF ALBERTVILLE RESOLUTION NO.2003-23 A RESOLUTION RECOGNIZING VOLUNTEERS ELAINE ENGSTROM 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, Elaine Engstrom has volunteered her time and work on the Albertville Royalty Committee for many years; and WHEREAS, Elaine Engstrom 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 Elaine Engstrom for her years of volunteerism and hereby presents her with a plaque of appreciation. Adopted by the Albertville City Council this 41h day of August, 2003. Mayor ATTEST: City Clerk 54 a 5975 Main Avenue N.E. P.O. Bo:.9 . Alberhr gel MN 5901 (612) 497-3384' Fat: (612) 497-3210 APPLICATION FOR NOW-INTOXICRTIING !MALT LIQUOR LICENSE The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and- that this appli- cation makes petition for a limited license as a "Bona Fide club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. �m car k �n m SP��-�-��'� ► I ��' 1. Name of Applicant : 2. Name and Address of President and Secretary of Applicant: 2L W) 3530 3. Purpose for which funds derived will be used: 4. Date of activity: _ 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: S'�`�UC.I��- -� �A� C-DUL 6. Hours of operation: 7. Number of previous license obtained this calendar year: S. Name, address, telephone number and position held with Club of person signing this application: bate• �� _ Signature of licant.s) FOLLOW UP SHEET July 7th Agenda Council Direction: • Cable access to Fire Hall (Linda) Wednesday, .Tune 18'1' — I contacted Charter Communications main office and they have directed my call to the Buffalo office. I am waiting to hear back from them. Update Wednesda*v. July 9'" — I spoke with George at Charter Communications in Buffalo today. He will have the cable installed as soon as possible. • Prepare appreciation resolutions and purchase plaques for Edna Weber and Elaine Engstrom (Linda) > Update July 2nd — Because of the large agenda and the potential for a very lengthy meeting, Mayor Peterson agreed to hold off the presentations of plaques and the resolutions until the July 21" meeting. • Contact the owner of the G & K Milling regarding the sale of the parcel (Linda) • Contact the principal of the Albertville Primary School regarding the grading and seeding of the shared field (Linda) I hursdaY, July 1lPh — I contacted Bernie Burke at the Albertville Primary School He informed me that the field behind the school has been planted in soybeans, and no action can be taken until the crop is removed. After he has gotten approval from the Superintendent or the School Board, he will proceed to get definite pricing on the seeding and grading to present to the Council. • Layout and design of City -owned directional sign for the downtown area (Staff) r RFP's were sent out this week for the city -owned sign. I have included the RFP as an FYI in your Council boxesd. 56 CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: August 1, 2003 SUBJECT: Public Works/Parks Maintenance Report PARKS - The fence at the skateboard park is completed. There has already been some damage to the fence. The perpetrator has been caught and is being changed. All of the ballfields and parks have been sprayed for weeds as well as some sidewalks and curbs. We filled the cracks in the tennis court at Four Seasons Park. The horseshoe pits have been finished at Oakside Park. ` I have been able to mow some of the weeds along the trails. I plan to do more when I get the mower fixed. I contacted a contractor to do some mowing along Marlow Avenue and the property we acquired in that area. Attached is a bid for the improvements for Marlow Avenue. TG:bmm Bridget's computer O:\bridgettWy Documents\Public Works Reports\2003 ReportslPW-PR Report 08-01-03.doc 7-11-03 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Rezoning Preliminary Plat Applicant's Name: Gold Key Development, Inc. Request: The applicant is requesting a Rezoning from R-1A to PUD and a Preliminary Plat to be known as "Prairie Run", allowing the subdivision of a 33.5 acre site into 52 single family residential lots. The site is planned for Low Density Residential Use in the Comprehensive Plan and is zoned R-1A. The site is proposed to be developed under the R-1 district standards, with larger lots at the northern portion of the site and smaller single family lots at the southern portion of the site, buffering County Road 18. Planning Commission Public Hearing Date: July 8th, 2002 City Council Meeting Date: August 7th, 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 251h, 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; 1 The Rezoning from R-1A to PUD is consistent with thec Comprehensive Plan and of the�ta�nbalc un i 9�.�.�.4.�/ 2 The Preliminary Plat is to su pliance with the design T�� d rds of the Albert oning Ordi4 n4ticet �� &4�?y Decision: Based on the foregoing considerations and applicable ordinances, e O_�/ Rezoning from R-1A to PUD and the Preliminary Plat to be known as "Prairie Run" are Prairie Run Addition Findings of Fact and Decision 58 approved based on the most current plans and information received to date, subject to the following conditions: 1. One of Lots 1 through 15, Block 1, is to be eliminated from the plat creating wider lots and increasing area for through lots abutting County Road 18. � 2. The plat ahmk be redesigned, eliminating a lot south of the proposed private drive, in order to increase the size of the lots. 3. Lots 15 and 16 of Block 2 are to be revised providing no less than 10,000 square feet of usable/buildable area. 4. The plans are to be revised to show a sidewalk along the south side of the service road (settlers path). 5. The service road (settlers path) is to be extended north to 53`d street and redesigned to show a paved width of 34 feet, meeting City standards. 6. The proposed private street is to be platted as an easement and redesigned to show a 28 foot street with parking on one side. 7. The paved width of the three cul-de-sacs are to be redesigned to have a paved width of 34 feet, meeting City standards. 8. The snow removal of all lots south of the service road and accessing the private street are to be maintained by the association. 9. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 10. A30 foot buffer from a grdinarypigh water mar of al�and� shall be established. t (� ,c' �- 11. The effectiveness of the wetland mitigation plan is to be approved by the City Engineer. 12. A per lot cas c tribution in lieu of park land is required for this project. f 2i, n14 Adopted by the Albertville City Council this fhe 7th ay of August 2003. City of Albertville �J 2 Prairie Run Addition %"� ,� Findings of Fact and Decision Attest: 0 LIM Linda Goeb, City Administrator Don Peterson, Mayor 3 Prairie Run Addition Findings of Fact and Decision CITY OF ALBERT"VU.LE N ZONING REQUEST APPLICATION 5975 Main Avenue NE Case No: e-, — / e) - - e". 3 P.O. Box 9 Base Fee: Pd � Albertville, MN 55301-0009 EscrowArnt: (612) 497-3384 fax(612) 497-32 10 DateFiled.. Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation b the City Clerk and prior to acceptance of required processing fees/deposits. Street Location of Property: Legal Description of Property (Attach additional shed if necessary): Owner. Name- (, Address: 'J zip: City- State: 1 -1 C, 4 Z - i Telephone (Home): ei-Z C 4 t fi (Business): -7 L" ?I - '� Lc -- 4 Q 4 --4- (Fax): L� 1 -4 4 Applicant (If other than owner): Name:` Address: City: Telepbone(Home): Type of Request(s): Site and Building Plan Review Minor Subdivision/Consolidation Preliminary Plat Final Plat Comprehensive Plan or Ordinance Amendment Description of Request(s): (Business): State: Rezoning Variance Conditional Use Permit Interim Use Permit Other — Zip: (Fax): Reason Why Request Should Be Granted: 0 Pagc Two, City of Albertville Planning/Zoning Application Existing Use of the Property I Nature of Facility or Business: If a request for a planning/zoning action on the subject site or any part thereof has been previously sought, please describe it below: What? Whcn? Project Name, dappticable: 1 hereby apply for the above consideration and declare that the information and materials submitted with this application are in compliance with City Ordinance and Policy Requirements and are complete and accurate to the best of my Imowledge. \ 1 understand that the application will be processed for the next available meeting agenda after review of the information submitted to determine if any other data is needed and after completion of a staff report. 1 understand that all City incurred professional fees and expenses associated with the processing of this request are the responsibility of the property owner and/or applicant and should be promptly paid If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. (If the property fee owner is not the applicant, the applicant must provide written authorization by the owner to make application.) Sixty (60) Day Waiver: The City hereby notifies the applicant that development review may not be completed within the required 60 days due to public hearing requirements and agency review; therefore, the City is taking an automatic 60- day extension for development review. Development review will be completed within 120 days unless additional review extensions are approved by the applicant: Signature(s) of Owner(s): �; `= _ Date: 4 Date: I Signature(s) of AppLcant(s): Date: Date: Approved Denied by the Planning Commission on: Approved Denied by the City Council on: (date) (date) thl"GIMAWIST Alsockaltic CQMIULTARTS" MCI 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 — Prairie Run Preliminary Plat, Rezoning FILE NO: 163.06 — 03.08 BACKGROUND Gold Key Development, Inc. on behalf of property owner Bob Heuring, are requesting Preliminary Plat approval for a 33.5 acre single family residential subdivision of 52 single family residential lots to be known as Prairie Run. The site, located just north and west of the intersection of County Road 19 and 18, is zoned R-1A and is designated for single family residential development by the Comprehensive Plan. The applicant has submitted concept level plans of which have been revised in response to City Staff and City Council direction. The applicant is requesting that the site be rezoned Residential PUD, allowing some flexibility in lot width and area standards. The City Council was favorable to allowing smaller lot sizes along County Road 18, provided that the remainder of the single family lots to the north exceed the 12,500 square foot minimum lot standard of the R-1 district. Attached for reference: Exhibit A Site Location Map Exhibit B: Preliminary Plat Exhibit C: Preliminary Grading and Drainage Plan Exhibit D: Preliminary Utility Plan Prairie Run ISSUES AND ANALYSIS Comprehensive Plan The site is located within District 1 of the Development Framework of the Comprehensive Plan. The subject sites portion of this district is planned for Low Density Residential Use. The overall density of the site is 1.55 units per acre, consistent with the Comprehensive Plans low density designation. The surrounding land uses are as follows: North: R-1A, Single Family Subdivision East: County Road 19 and Commercial B-2 Zoning West: Cedar Creek Detached Townhomes South: County Road 18 and the Albert Villas Single Family Subdivision ZONING The triangular shaped site is zoned R-1A, Low Density Residential District. Existing natural conditions, including the location of wetlands along the northern border of the site, surrounding development, commercial zoning to the east, and lack of access have proven to be constraints to the design and development of the site. The applicant is proposing to rezone the site to residential PUD and has designed the site in a manner that provides larger than R-1 standard lots in the northern portion of the site, with smaller lots used as a buffer to County Road 18 at the southern portion of the site. The following tables illustrate the proposed density and the performance standards of the R-1 district. It should be noted that the delineated wetland area and the per lot buildable area outside of the wetlands were calculated by City Staff, as these calculations were not illustrated on the submitted plans. Land designation Square footage Acres Wetland 231,800 5.32 Land (buildable) 964,601 _ 22.14 Right-of-way 263,285 6.04 Total: 1.459,686 33.50 Units per gross acreage _ 1.5 Units per net acreage 2.3 j R-1 L _ _ RequiredProposed/Status Lot Area 12,500 A majority of the interior lots exceed this requirement [�Lot--A-re-a(—cor-ne—ror through lot) I 15,000 22 of the 29 corner or through lots do not meet this requirement 2 Prairie Run Usable/buildable upland 80% of the required minimum lot Lot 15, Block 2 = 11, 300 area Lot 16, Block 2 = 10,700 (10,000 square feet) Lot 11, Block 2 = 10,700 Lot 12, Block 2 = 8,400 Lot 13, Block 2 = 9,300 Lot 14, Block 2 = 10,300 Lot Width 90 feet (interior) 27 of the 52 lots do not meet this 100 feet (corner) requirement Front Setback 30 feet Compliant Side Setback (corner) 20 feet Compliant Side Setback (interior) 10 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 Lots located east of the entrance onto County Road 18 and south of the service road raise issues related to lot width. A majority of these lots are 65.8 feet in width, with three narrower lots at the curve. Staff had the same concern at concept level, when the lot widths were actually a bit wider at 67 feet. Staff suggested at that time and suggests again that one or two of the lots be eliminated thereby increasing the width and area of the remaining lots, bringing them closer towards the R-1 lot standards. Lots located west of the access point onto County Road 18 are intended to be serviced by a private street on an easement to which overlays the lots. Lots 12 and 13, north of the private street fall short of the 80% usable/buildable upland requirement. This is more of a concern when you take into account that the area that would normally be considered right -'of -way and not included in the lot area is being incorporated. These lots are already considerably small in size. As such, staff feels that an alternative design, eliminating a few lots is desired. The Planning Commission should make comment as to their thoughts and opinions. Many of the single family lots north of the service road are in excess of the R-1 A lot area standards. It should be noted, however, that much of this area is unbuildable. Lots 15 and 16 of Block 2 raise some issue as to providing a proper amount of buildable area, exclusive of wetland. Being a corner lot in an R-1 district, Lot 15 is required to be 15,000 square feet in area (which it is), thereby requiring a minimum of 12,000 square feet (80%) of upland/buildable area. Lot 16 would technically require 10,000 square feet of upland/buildable area (which it does), however, being as it is geared more towards attracting R-1A, mid -to upper -end priced homes, staff feels it should meet the 12,000 square foot buildable area requirement. Circulation / Access The site will be accessed via County Roadl9 to the East and County Road 18 to the south. Access points have been established based on subdivisions of adjoining properties. The access off of County Road 18 is shown to align with the future Underwood Street right-of-way, as requested by City Staff and the City Engineer. The Prairie Run Access form the east will be provided by a service road that will connect with 53`d Street and pass through a commercially zoned area prior to moving into this residential subdivision. The service road configuration should serve not only to provide access to the proposed subdivision, but also to open up the commercial area for future development. 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 36 foot pavement width (curb to curb) Local Street: 60 foot r.o.w. width 34 foot pavement width (curb to curb) (with sidewalk in r.o.w.) The proposed service road (Settlers Path) has a 60 foot right-of-way with a 28 foot curb to curb paved street width. The service road should be paved to a minimum of 34 feet in width, meeting City standards. The service road should also be extended north to 53`d Street. As currently proposed, the subdivision is premature in that one access does not adequately serve the subdivision. Due to the proposed number of lots to the south of the service road, the plans should be revised to include a sidewalk along the south side of the street. Prairie Court, Meadow Court, and Trappers Pass are currently shown to have 32 foot paved widths, which must also be paved to a minimum of 34 feet in width. The applicant is proposing a 24 foot paved private street extending to the west approximately 550 feet. The plans are to be redesigned to show a 28 foot street with parking on one side. The street should also be platted as an outlot as opposed to an easement as currently shown. A majority of the units south of the service road and accessing the private street are proposed to utilize shared access drives. Shared driveways often lead to maintenance and complaint issues between neighbors. An association should be used for snow removal of all of the lots south of the service road and accessing off of the private street. Association documents must be submitted to City Staff for review. Grading and Drainage The Preliminary Plat indicates a storm water retention pond both at the northern portion of the site and at the western most portion of the site. The City Engineer should comment as to any issues with regards to maintenance of these ponds. The submitted grading and drainage plan will be subject to review and approval by the City Engineer. Staff has some concerns as to the drop in grade along the northern portion of the site. The City Engineer should make comment as to the need for some type of fence or retaining wall. q Prairie Run Wetland Mitigation The wetlands have been delineated as have the location of erosion control barriers. The City Engineer should make comment as to the effectiveness of wetland mitigation plan. All buildings are to be set back 20 feet from the high water mark of the wetland. Landscape/Screening 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 specific attention to the southern and eastern borders of the site, buffering the smaller lot residential units from County Road 18 and the residential lots to the east from the future commercial use along County Road 19. Park Dedication The City of Albertville requires a 10% land or cash park dedication for subdivisions. A per lot cash contribution for this project is recommended. RECOMMENDATION Upon review of the proposed project, it is staffs view that both the proposed rezoning from R-1A to PUD, and the preliminary plat subdividing the site into 52 single family residential lots are generally consistent with the intent of the comprehensive plan as well as the standards of both the Zoning and Subdivision Ordinances. As such, staff recommends approval of the both the rezone and the preliminary plat, subject to the conditions listed within this report. Decision 1: Rezone 1. Motion to approve the rezoning from R-1A to PUD, based on a finding that the request is consistent with the objective of the Comprehensive Plan. Decision 2: Preliminary Plat 1. Motion to recommend approval of the Preliminary Plat to be known as Prairie Run, based on a finding that the land use pattern is consistent with the City's Comprehensive Plan, subject to the following conditions; a. One of Lots 1 through 15, Block 1, is to be eliminated from the plat creating wider lots and increasing area for through lots abutting County Road 18. b. The plat should be redesigned, eliminating a few of the lots south of the proposed private drive, in order to increase the size of the lots. C. Lots 15 and 16 of Block 2 are to be revised providing no less than 10,000 square feet of usable/buildable area. d. The plans are to be revised to show a sidewalk along the south side of the service road (settlers path). W Prairie Run r < < e. The service road (settlers path) is to be extended north to 53rd street and redesigned to show a paved width of 34 feet, meeting City standards. f. The proposed private street is to be platted as an outlot and redesigned to show a 28 foot street with parking on one side. g. The paved width of the three cul-de-sacs are to be redesigned to have a paved width of 34 feet, meeting City standards. h. The snow removal of all lots south of the service road and accessing the private street are to be maintained by the association. I. The submitted grading and drainage plan is subject to review and approval by the City Engineer. j. All buildings are to be set back 20 feet from the ordinary high water mark. k. The effectiveness of the wetland mitigation plan is to be approved by the City Engineer. I. A landscape plan must be submitted illustrating the locations of planned vegetation to be used as a bufferyard prior to final plat application. M. A per lot cash contribution in lieu of park land is required for this project. PC: Mike Couri Pete Carlson Linda Goeb 6 Prairie Run MU Q= MOZZ317VUSAW-1 ROSAWOt If AMIC V tz 44 S A {A04 iLIR NII YeCl3 ' M4V FO 41 W!I ary MV ILL4 � MOLVDIUSNOJ MOSMBOl, S M►YO N ON%770.9H MPrd Z"S .. .„ N una arvmd , zx .., Wo PC 88 az B N n V 'bpi F afjilt! I ! :a CV Ei - roc �% � a/ 7 '•./ i •,.i sisal -%N 'Wn 1wMV•X 7 t+tN•-9J. () 0. E9]E9]]p(p; (�IVA� } pytTry .. .. NWmi�aOWa ••C�� mN wV'llltL• OGLLIi +w.�.nn wts •tn �s .n NOLLJaHdSNOJ NOSNHO! N NISO C, ON/770,aH u.•a. t maw ..an ,cv a : NYJd 9NlOYNJ �. ,{i7►NIAI7,9Hd � w1 �a. wa:Nnw'. �i .•sn.rm NlJY zlvm Vd "He'll jg, Pt 101 1 I tIMaZ r .3 ma +oen ..or-ot.Ku •rw NO=nNZSNOO NOSNHO! yIf NYYO ON%I70.7H N►7d d.Ll77dn Li a a x � 9 app a lr F'�1.j y jj 9 3 333j�_888- W o a= III/ y_ `/e /�/•/Y% / V � / 0 h 0 94 AF011.7nXISM0.7 ArOSArHOr Ir —,L DIMMUN SMOLUMV00 OArIJ.SLrF >-Z wo Z= mzo wo CLZ --------------- I j / CITY OF ALBERTVILLE RESOLUTION # 2003-26 A RESOLUTION ACKNOWLEDGING RESIGNATION OF COUNCILMEMBER TIM SWEENEY AND DECLARING A VACANCY WHEREAS, the City Council of the City of Albertville has received and accepted the resignation of Councilmember Tim Sweeney, effective August 5, 2003; and WHEREAS, the City Council is declaring that a vacancy exists in the office of Councilmember. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville, Wright County, Minnesota, hereby adopts this resolution with an effective date of August 5, 2003. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 4th DAY OF AUGUST, 2003. Donald Peterson, Mayor ATTEST: Bridget Miller, City Clerk