2003-08-21 CC Packeti ALBERTVILLE CITY COUNCIL
SPECIAL MEETING
August 21, 2003
6:00 PM
1. CALL TO ORDER — ROLL CALL ADOPT AGENDA —
2. ITEMS FOR DISCUSSION
(1) Kolleville Estates 3`a Addition
• Wetland Conservation Act Decision (p. 1-4)
• Final Flat (p. 5-7)
• Developer's Agreement (p. 8-28)
(2) Award bid for the 2003 I-94/CSAH 37 Traffic Signal (p. 29-30)
3. ADJOURN
• City of Albertville
P.O. Box 9
Albertville, Minnesota 55301
NOTICE OF WETLAND CONSERVATION ACT DECISION
Name of Applicant: Leuer-Munsterteiger Properties, Inc
Application Number: 003
Type of Application (check one): ❑ Exemption Decision
❑ No Loss Decision
X Replacement Plan Decision
❑ Banking Plan Decision
Date of Decision: 8/19/03
Check One: El Approved X Approved with conditions ❑ Denied
List of Addressees:
• Landowner
Leuer-Munsterteiger Properties, Inc.
100 E. Central Avenue
St Michael, MN 55376
Members of Technical Evaluation Panel@
Ms. Colleen Allen
Wright County SWCD
306C Brighton Avenue
Buffalo, Minnesota 55313
Ms. Lynda Peterson
BWSR
One West Water Street, Suite 200
St. Paul, Minn. 55107
Mr. John Hiebert_
MnDNR
7372 State Highway 25 SW
Montrose, MN 55363
DNR Wetlands Coordinator@
Ecological Services Section
• 500 Lafayette Road, Box 25
St. Paul, MN 55155
•
Corp of Engineers Project Manager @
Department of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
Mr. Pete Carlson
1200 25`" Avenue South
St. Cloud, Minnesota 56301-1717
You are hereby notified that the decision of the Local Government Unit on the above -referenced
application was made on the date stated above. A copy of the Local Government Unit's Findings and
Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced
by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources Within thirty (30)
calendar days of the date of the mailing of this Notice.
Date of mailing of this Notice: City of Albertville
P.O. Box 9
Albertville, Minnesota 55301
• August 19, 2003 By: Todd Udvi
Title: Senior Scientist
W:\ALLFORMS\NoticeofWCAdecision.doc March 13, 2002
•
Wetlandr Conservation Act (WCA)
Revised Findings and Conclusions — Kollville Estates Third Addition
(8/19/03)
The Technical Evaluation Panel has found that the Application for Replacement Plan for
the proposed construction of the Kollville Estates Third Addition in the City of
Albertville meets the requirements for approval under the 2002 WCA rules. The
Replacement Plan application has indicated that the project justification is that the site
goals of the applicant are met (i.e. residential development), proposed project meets City
planning efforts, and the proposed project would utilize existing infrastructure. The City
of Albertville has zoned the area as residential. The preferred alternative includes
approximately 74 housing units, roadways, and associated infrastructure. The applicant
has provided sequencing indicating avoidance and minimization of wetland impacts. The
applicant would like apply for sequencing flexibility.
Findings are as follows:
1) The project will entail construction of 42+acres of agricultural land to a
residential development comprised of approximately 74 units and associated
roadways, access drives and utilities.
. 2) The applicant has configured the site layout in a manner that impacts an
approximately 10, 879 square foot Type 1 wetland.
3) Approximately 0.25 acres of wetland will be impacted from the development.
4) Three wetlands were delineated onsite. Two of the three wetlands were
determined by the TEP to be exempted as incidental wetland (identified as
Wetlands 1 and 2). The proposed impacted wetland was identified as Wetland 3).
5) An alternative site layout was developed that showed no wetland impact however
wetland impacts would still occur indirectly by reducing the watershed supplying
the wetland:
6) The proposed replacement in the application was to purchase credits from a
wetland bank, however the WCA requires evaluating onsite opportunities for
replacement first. The TEP recommends onsite replacement.
7) Wetland replacement will be accomplished at a ratio of 2:1 for the replacement of
21, 800 square feet of wetland impact as require under WCA. The proposed
replacement will occur onsite. The revised replacement submitted by the applicant
will use the established wetland (identified as wetland #2). This is an incidental
wetland that has been established for approximately 2-3 years. This wetland area
appears to be viable and encompasses approximately 11, 780 square feet. This
wetland area along with proposed 16, 047 square feet of proposed buffer would
provide onsite credit necessary to meet the 2:1 replacement ratio;
8) A monitoring and vegetation and exotic species control plans would need to be
developed as part of the Replacement Plan application for this wetland area and
• are considered a condition of the approval of this replacement plan.
• 9 The proposed wetland mitigation design must be submitted to the TEP show'
p p g � mg
more detail. The TEP recommends approval of the proposed concept drawing at
this time.
Conclusions:
The applicant has proposed the use of an existing incidental onsite wetland located in the
northeast corner of the site for replacement credit along with an associated wetland buffer
to meet the WCA requirements for wetland replacement for the project.
If the proposed wetland replacement is acceptable to Council, the Kollville Estates Third
Addition Wetland Replacement Plan application has met the requirements for approval
under the 2002 WCA rules and is recommended for approval by the TEP to City of
Albertville City Council as the Local Government Unit.
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• 5775 Wayzata Boulevard, Suite 555, St. Louis Park. ► AN 55�i16
Tel 952.595.9636 Facsimile: 952,595.9837 lalannerss`ipnacplaiining.co►n
PLANNING REPORT
TO: Albertville Planning Commission
Linda Goeb, City Administrator
FROM: Michael Darrow / Alan Brixius
DATE: August 19, 2003
RE Albertville — Kollville Estates 3rd Addition- Final Plat
FILE NO: 163.06 03.09
BACKGROUND
Leuer-Munsterteiger Properties have submitted plans for final plat approval for the
development of 66 single family lots as part of the Kollville Estatesproject. The
proposed project is the third and final addition of the 64 acre site.
Attached for reference:
Exhibit A: Final Plat
ANALYSIS
Based on the Findings of Fact and Decision for the Preliminary Plat, dated July 21St,
2003, the developer has met the required lot and block conditions imposed as part of
approval of the preliminary plat.
The developer will need to adjust the northern directional arrow on the final plat to true
north. Currently;, the directional arrow points east.
RECOMMENDATION
Upon review of the final plat, staff recommends approval subject to the following
conditions:
1. The developer shall submit a revised plat indicting the correct northern direction of
the plat.
i2. The developer shall meet all of the conditions set forth in the Findings of Fact and
Decision dated July 21st, 2003.
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3. The developer shall enter into a development agreement with the City of Albertville.
pc: Linda Goeb
Mike Couri
Pete Carlson
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DRAFT DATED AUGUST 20, 2003
CITY OF ALBERTVILLE
DEVELOPMENT AGREEMENT
KOLLVILLE ESTATES THIRD ADDITION
THIS AGREEMENT, entered into this , day of 2003 by and
ibetween LEUER MUNSTERTEIGER PROPERTIES, INC. referred to herein as
"Developer"; DAVID J. THEIS and JOSEPH F. BARSODY, TRUSTEES OF THE
SYLVESTER KOLLES TRUST DATED MAY 15, 1992, hereinafter referred to as "Kolles
Trust"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota,
hereinafter referred to as "City";
WITNESSETH.
WHEREAS, Developer and Kolles Trust are the fee owners of the real property
described in the attached Exhibit A, which real property is proposed to be subdivided and
platted for development, and which subdivision, which is the subject of this Agreement, is
intended to bear the name "Kollville Estates Third Addition" and shall hereinafter be
referred to in its entirety as "Said Plat" or "Subject Property"; and
WHEREAS, Developer intends to subdivide 42.2 acres into 66 single-family
residential lots for purposes of constructing 66 single-family residences, one Outlot and one
Park; and
WHEREAS, the City has given preliminary approval of Developer's plat of
Kollville Estates Third Addition contingent upon compliance with certain City requirements
• including, but not limited to, matters set forth herein; and
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WHEREAS, the City requires that certain public improvements including, but not
limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary
sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal
Improvements") be installed to serve the Subject Property and be financed by Developer;
and
WHEREAS, the City further requires that certain on- and off -site improvements be
installed by the Developer within Said Plat, which improvements consist of paved streets,
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways,
parking lot, drainage swales, berming, street signs, street cleanup during project
development, erosion control, and other site -related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and covenants of
the parties concerning the development of the Said Plat and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each parry's promises and considerations herein set forth, as
follows:
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on
and off Said Plat as detailed in the Plans and Specifications for Kollville
Estates Third Addition, as prepared by Quality Site Design, LLC and last
dated August 18, 2003 and on file with the City Clerk, said improvements
to include installation of bituminous street, curb and gutter, water mains,
sanitary and storm sewers, storm water ponding and site grading. All such
improvements shall be constructed according to the standards adopted by
the City, along with all items required by the City Engineer. Unless the,
City Engineer specifies a later date, said improvements shall be installed by
October 31, 2003, with the wear course of bituminous pavement to be
installed after May 15, 2004, but before June 30, 2004.
B. The Developer warrants to the City for a period of two years from the date
the City accepts the finished Municipal Improvements that all such
improvements have been constructed to City standards and shall suffer no
significant impairments, either to the structure or to the surface or other
usable areas due to improper construction, said warranty to apply both to
• poor materials and faulty workmanship.
C. Developer and the Kolles Trust shall provide the City with lien waivers from
all contractors and subcontractors engaged to construct said improvements on
Said Plata Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety and pay
any contractors who performed work on any Municipal Improvements and
whom Developer has failed to fully pay for the performance of said work.
D. The.City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times " as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspections.
2. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site improvements including
installation of paved streets, curb and gutter, boulevards, street signs, traffic
signs, yard top soil, sod and seed in all yards, grading control per lot,
bituminous or concrete driveways and parking lots, drainage swales, berming,
and like items as necessary, street cleanup during project development, and
erosion control, all as required by City ordinance. Front, side and portions of
the backyards of residential lots shall be sodded in accordance with the
Residential Development Standards as on file with the City Administrator's
Office. Those portions of the yards not required to be sodded may be seeded
with grass seed or sodded. In all cases permanent turf or grass must be
established over all areas of the lot not covered by a hard or impervious
surface. The Developer shall guarantee that all new plantings shall survive
for two full years from the time the planting has been completed or will be
replaced at the expense of the Developer. Said on- and off -site improvements
shall be installed no later than October 31, 2003, with the exception of erosion
control, drainage swales and berming, which shall be installed upon initial
grading of Said Plat.
B. Developer shall, at its own expense, cause the following items to be installed
within the development, all such items to be installed underground, within
the street right of way or such other location as may be approved by the City
Engineer, accessible to all lots and in with all applicable state and
local regulations.
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i. Electrical power supply, to be provided by Xcel Energy or other such
carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such
carrier;
iii. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause street lights to be
installed at such locations as required by the City Engineer. Street signs shall
also be installed of such type and at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic Control
Devices.
C. Developer shall install silt fencing in back of all curbing within 30 days after
said curbing is installed, or 7 days after the "small utilities" (gas, phone,
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-foot section of silt
fencing on each lot for the purpose of allowing construction vehicles to pass
from the street to each lot. No construction vehicles shall pass from the street
to the lots except through such designated 22-foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
D. Notwithstanding the requirements of subparagraph 2A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel prior
to the date that a certificate of occupancy (temporary or permanent) is issued
by the City for a building located on the lot, unless the certificate of
occupancy is issued after October 1st and before March 30th in any given
year, in which case a certificate of occupancy shall be issued only if the
owner of the lot has entered into an escrow agreement with the City and
provided an escrow for 150% of the estimated cost of said improvements
pursuant to City Ordinance.
E. Developer shall install storm water retention/water quality ponds and basins
upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan
attached as Exhibit B. Said ponds and basins shall be dedicated to the City,
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and Developer shall provide the City with perpetual drainage easements over
such ponds. Said retention ponds and basins shall be installed prior to the
installation of utilities.
3. Intended Use of Subdivision Lots. The City, Developer, and the Kolles Trust
agree that the numbered lots in Said Plat are intended only for single-family
residential use, in the number and the configuration as are shown on Said Plat.
Developer and the Kolles Trust shall construct only one single family dwelling per
numbered lot, unless Said Property is rezoned by the City in the future into a
classification which would allow additional units to be constructed.
4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this contract shall be performed. Said letter of credit or
surety shall be in the amount of $934,600 representing the sum of 100% of
the estimated cost of the Municipal Improvements ($895,000), 50% of the on
and off -site improvements ($79,200). Said letter of credit or surety must meet
the approval of the City attorney as to form and issuing bank.
B. The City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to on- and off -site
improvements, Municipal Improvements described above, erosion control,
and other such measures), to pay liens on property to be dedicated to the City,
to reimburse itself for costs incurred in the drafting; execution, administration
or enforcement of this Agreement, to repair or correct deficiencies or other
problems which occur to the Municipal Improvements during the warranty
period, or to otherwise fulfill the obligations of Developer under this
agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety referred
to herein is ever utilized and found to be deficient in amount to pay or
reimburse the City in total as required herein, the Developer agrees that upon
being billed by the City, Developer will pay within thirty (30) days of the
mailing of said billing, the said deficient amount. If there should be an
overage in the amount of utilized security, the City will, upon making said
determination, refund to the Developer any monies which the City has in its
possession which are in excess of the actual costs of the project as paid by the
• city.
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D. Developer hereby agrees to allow the City to specially assess Developer's
property for any and all costs incurred by the City in enforcing any of the
terms of this agreement should Developer's letter of credit or surety prove
insufficient or should Developer fail to maintain said letter of creditor surety
in the amount required above within 30 days of mailing of written request by
the City. Shouldthe City assess Developer's property for said costs,
Developer agrees not to contest or appeal such assessment and waives all
statutory rights of appeal under Minnesota Statutes, including Minnesota
Statute 429.081, to the extent of the costs identified in this agreement.
E. That portion of said cash, irrevocable letter of credit or other surety with
respect to the performance of Site Improvements shall be released upon
certification of the City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this Agreement.
F. In the event a surety referred to herein is in the form of an irrevocable letter of
credit, which by its terms may become null and void prior to the time at
which all monetary or other obligations of the Developer are paid or satisfied,
it is agreed that the Developer shall provide the City with a new letter of
credit or other surety, acceptable to the City, at least forty-five (45) days prior
to the expiration of the original letter of credit. If anew letter of credit is not
received as required above, the City may without notice to Developer declare
a default in the terms of this Agreement and thence draw in part or in total, at
the City's discretion, upon the expiring letter of credit to avoid the loss of
surety for the continued obligation. The form of any irrevocable letter of
credit or other surety must be approved by the City Attorney prior to its
issuance.
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal. Improvements, On- and Off -site Improvements,
and/or Landscaping Improvements and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately reduced
for that portion of the Municipal Improvements which have been fully
completed and payment made therefor. All such decisions shall be at the
discretion of the City Council. The City's cost for processing reduction
request(s) shall be billed to the Developer. Such cost shall be paid to the City
within thirty (30) days of the date of mailing of the billing:
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B. The Developer may request of the City a reduction or release of any surety as
follows:
i. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
ii. When all or a portion of the Municipal Improvements or the on- and
off -site improvements or the Landscaping Improvements have been
installed, the letter of credit or surety may be reduced by the dollar
amount attributable to that portion of improvements so installed,
except that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the Municipal
Improvements during the first year of the warranty period and 5% of
the estimated construction price of the Municipal Improvements
during the second year of the warranty period, and the City shall retain
the letter of credit or surety in the amount of 25% of the estimated
landscaping costs for two years from the time of the installation of said
• landscaping materials.
iii. As to all requests brought under this paragraph B, the City Council
shall have complete discretion whether to reduce or not to reduce said
letter of credit or surety.
C. The costs incurred by the City in processing any reduction request shall be
billed to the Developer and paid to the City within thirty (30) days of billing.
6. Abandonment of Proiect - Costs and Expenses. In the event Developer
should abandon the proposed development of the Subject Property, the City's
costs and expenses related to attorney's fees, professional review, drafting of
this Agreement, preparation of the feasibility report, plans and specifications,
and any other expenses undertaken, in reliance upon Developer's various
representations shall be paid by said Developer within thirty (30) days after
receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field
work for more than nine (9) months, fails to provide sufficient ground -cover
to prevent continuing soil erosion from the Said Plat, or fails to leave the
abandoned property in a condition which can be mowed using conventional
lawn "mowing equipment, Developer agrees to pay all costs the City may
• incur in taking whatever action is reasonably necessary to provide ground-
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cover and otherwise restore Said Plat to the point where undeveloped grounds
are level and covered with permanent vegetation sufficientto prevent
continuing soil erosion from Said Plat and to facilitate mowing of Said Plat.
In the event that said costs are not paid, the City may specially assess such
costs against the lots within Said Plat and/or take necessary legal action to
recover such costs, including attorneys fees. Developer knowingly and
voluntarily waives all rights to appeal said special assessments under
Minnesota Statutes section 429.081.
7. Developer to Pay City's Costs and Expenses. It is understood and agreed
that the Developer will reimburse the City for all reasonable administrative,
legal, planning, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the
approval of Said Plat, as well as all reasonable engineering expenses incurred
by the City in designing, approving, installing, and inspecting said
Improvements described above. Developer agrees to pay all such costs within
30 days of billing by the City. If Developer fails to pay said amounts, then
the City may specially assess such costs against the lots within Said Plat.
Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081 Developer has the
right to request time sheets or work records to verify said billing prior to
payment.
8. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved erosion control plan shall be strictly
complied with as set forth in the attached Exhibit B. Developer and the Kolles Trust
shall also install all erosion control measures deemed necessary by the City Engineer
should the erosion control plan prove inadequate in any respect.
9. Drainage Requirements. Developer and the Kolles Trust shall comply with all
requirements set forth for drainage into any county ditch or other ditch through
which water from Subject Property may drain, and shall make any necessary
improvements or go through any necessary procedures to ensure compliance with
any federal, state, county or city requirements, all at Developer's expense.
10. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may
occur to public property including but not limited to streets, street sub- base, base,
. bituminous surface, curb, utility system including but not limited to watermain,
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sanitary sewer or storm sewer when said damage occurs as a result of the activity
which takes place during the development of Said Plat. The Developer further'
agrees to pay all costs required to repair the streets, utility systems and other public
property damaged or cluttered with debris when occurring as a direct or indirect
result of the construction that takes place in Said Plat.
Developer agrees to clean the streets on a daily basis if required by the City.
Developer further agrees that any damage to public property occurring as a result
of construction activity on Said Plat will be repaired immediately if deemed to be
an emergency by the City. Developer further agrees that any damage to public
property as a result of construction activity on Said Plat will be repaired within 14
days if not deemed to be an emergency by the City.
If Developer fails to so clean the streets or repair or maintain said public property,
the City may undertake making or causing it to be cleaned up, repaired or
maintained. When the City undertakes such activity, the Developer shall reimburse
the City for all of its expenses within thirty (30) days of its billing to the Developer.
If the Developer fails to pay said bill within thirty (30) days, then the City may
. specially assess such costs against the lots within Said Plat and/or take necessary
legal action to recover such costs and the Developer agrees that the City shall be
entitled to attorneys fees incurred by the City as a result of such legal action.
Developer knowingly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081,
11. Temporary Easement Rights. Developer and the Kolles Trust shall provide access
to the Subject Property at all reasonable times to the City or its representatives for
purposes of inspection or to accomplish any necessary work pursuant to this
Agreement.
12. Miscellaneous.
A. Developer and the Kolles Trust agree that all construction items required
under this Agreement are items for which Developer and the Kolles Trust are
responsible for completing and all work shall be done at Developer's and the
Kolles Trust's expense.
B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
• portion of this Contract.
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C.
If buildingpermits
p its are issued poor to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D.
The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of
the City Council. The City's failure to promptly take legal action to enforce
this Contract shall not be a waiver or release.
E.
This Contract shall run with the land and shall be recorded against the title to
the property. After the Developer and the Kolles Trust have completed all
work and obligations required of it under this Contract (including the
expiration of the warranty period), at the Developer's or the Kolles Trust's
request, the City will execute and deliver to the Developer or and the Kolles
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Trust a release of its obligations under this Agreement. However, at no time
shall the City release those provisions of this Agreement which, in the City's
sole judgment, contain continuing obligations. Said continuing obligations
include, but are not limited to, paragraphs 1, 3, 7, 9, 10, 13, 14, 15, 16, 17, 18,
19,20,21,25._
F.
The Developer and the Kolles Trust represent to the City that Said Plat
complies with all City, county, state and federal laws and regulations,
includingbut not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. Developer and the Kolles Trust agree to obtain
all required federal, state and local permits. If the City determines that Said
Plat does not comply, the City may, at its option, refuse to allow construction
or development work in the plat until the Developer or the Kolles Trust so
complies. Upon the City's demand, the Developer and the Kolles Trust shall
cease work until there is compliance.
G.
Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, Developer and the Kolles Trust shall
provide the City with evidence of good and marketable title to all of Subject
Property. Evidence of good and marketable title shall consist of a Title
Insurance Policy or Commitment from a national title insurance company, or
•
10
an abstract of title updated by an abstract company registered under the laws
of the State of Minnesota.
H.
Developer and the Kolles Trust shall comply with all water, ponding and
wetland related restrictions, if any, required by the City of Albertville, Wright
County Soil and Water District and/or any applicable provisions of State and
Federal law.
I.
Developer and the Kolles Trust shall not place any structure at an elevation
such that the lowest grade opening is less than two feet above the highest
known surface water level or ordinary high water level or less than one foot
above the 100-year flood level of any adjacent water body or wetland. If
sufficient data on high water levels is not available, the elevation of the line of
permanent aquatic vegetation shall be used as the estimated high water
elevation. When fill is required to meet this elevation, the fill shall be
allowed to stabilize and construction shall not begin until the property has
been approved by the Building Inspector or a professional soils engineer.
J.
Developer shall install landscaping according to the Landscaping Plan
attached as Exhibit C to this Agreement.
13. Future Development of Lot 4, Block 4 of Said Plat.
A.
At such time as either Sylvester Kolles no longer resides on Lot 4, Block 4 of
Said Plat or upon the sale or development of Lot 4, Block 4, the Kolles Trust,
its successors and assigns, shall relocate the existingdriveway to a street
designated by the City. Until one of the contingencies outlined above have
been met, the City shall permit Sylvester Kolles to access his home over the -
existing driveway on Outlot A provided that Sylvester Kolles agree to hold
harmless, indemnify and defend the City, its officers and agents, from any
and all liability, obligations, losses, damages and claims whatsoever,
regardless of the cause thereof, and expenses in connection therewith,
including, without limitation, attorneys fees and expenses, concerning any
use of Said Outlot A to access Lot 4, Block 4 of Said Plat. resulting in
damage to property or injury or death of any individual or property.
B.
At such time as any owner of Lot 4, Block 4, (including the Kolles Trust)
subdivides such lot into one or more additional lots, the owner of Lot 4, Block
4 shall be required to dedicate and construct, at its own expense, a cul-de-sac
.
street extending east from the end of 615` Place as shown on Said Plat. Such
11
cul-de-sac street shall meet all then -existing requirements of the City's
subdivision and other applicable ordinances and shall be subject to review and
approval by the City Engineer. Acceptance by City of said cul-de-sac
dedication shall occur upon passage of a resolution to such effect by the
City Council.
14. Violation of Agreement.
A. Except as otherwise provided in this Agreement, upon any default by
Developer or Kolles Trust, its successors or assigns, of any of the covenants'
and agreements herein contained, the City shall give the defaulting party
thirty (30) days mailed notice thereof (via certified mail), and if such default
is not cured within said thirty (30) day period, the City is hereby granted the
right and the privilege to declare any deficiencies governed by this Agreement
due and payable to the City in full. The thirty (30) day notice period shall be
deemed to run from the date of deposit in the United States Mail. Upon
failure to cure by Developer or Kolles Trust, the City may thence
immediatelyand without notice or consent of the Developer or Kolles Trust
complete the Developer's or Kolles Trust's obligations under this Agreement,
and specially assess the costs thereof against the lots within Said Plat and/or
bring legal action against the Developer or Kolles Trust to collect any sums
due to the City pursuant to this Agreement, plus all costs and attorney's fees
incurred in enforcing this agreement. Developer knowingly and voluntarily
waives all statutory rights to appeal said special assessment under Minnesota
Statutes section 429.081.
B. Notwithstanding the 30-day notice period provided for in paragraph 14A
above, in the event that a default by Developer or Kolles Trust will
reasonably result in irreparable harm to the environment or to public property,
or result in an imminent and serious public safety hazard, the City may
immediately exercise all remedies available to it under this agreement in an
effort to prevent, reduce or otherwise mitigate such irreparable harm or safety
hazard, provided that the City makes good -faith, reasonable efforts to notify
the Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said
harm.
C. Paragraph 14A of this section shall not apply to any acts or rights of the City
under paragraph 4F, and no notice need be given to the Developer as a
condition precedent to the City declaring a default or drawing upon the
12
1Q
•
expiring irrevocable letter of credit as therein authorized. The City may elect
to give�notice to Developer of the City's intent to draw upon the surety
without waiving the City's right to draw upon the surety at a future time
without notice to the Developer.
D. Breach of any of the terms of this Contract by the Developer or Kolles Trust
shall be grounds for denial of building permits.
15. Dedications to the City.
A. Municipal Improvement Dedications: The Developer, upon presentation to the
City of evidence of good and marketable title to Subject Property, and upon
completion of all construction work and certification of completion by the City
Engineer, shall make the following dedications to the City:
l . Developer shall dedicate easements to the City over, under and
across all trails to the City in a form and with legal descriptions
acceptable to both the City Engineer and City Attorney.
2. Developer shall dedicate drainage easements to the C over,
p g �' ,
under and across all drainage ponds located in Said Plat.
3. Developer shall dedicate to the City all roads, road and trail
right-of-ways, curbs, gutters, sewers and water mains and
utility easements located within Said Plat. Prior to the City's
acceptance of said dedications, Developer shall provide to the
City "As-Builts" of all sewers, water mains, and roads.
Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the City Council.
4. Developer shall deed to the City in fee simple absolute Outlot
A of Said Plat.
B. Park Dedication Fees: Developer acknowledges and agrees that in order to
satisfy the City's park and trail dedication requirements for Said Plat,
Developer shall dedicate to the City of that portion of Said Plat labeled
"Park.
16. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the
• City may refuse to approve final plats of subsequent phases until public
13
improvements for all prior phases have been satisfactorily completed. Development
of subsequent phases may not proceed until Development Contracts for such phases
are approved by the City. Approval of this phase of the Development shall not be
construed as approval of future phases nor shall approval of this phase bind the City
to approve future Development phases. All future Development phases shall be
governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision
ordinance, and other ordinances in effect at the time such future Development phases
are approved by the City.
17. Indemnity. Developer and the Kolles Trust shall hold the City and its officers and
employees harmless from claims made by Developer and third parties for damages
sustained or costs incurred resulting from Said Plat approval and development. The
Developer and the Kolles Trust shall indemnify the City and its officers and
employees for all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees. Third parties shall have no
recourse against the City under this contract.
18. Assignment of Contract. The obligations of the Developer and the Kolles Trust
under this Contract cannot be assigned without the express written consent of the
City Council h Council resolution.
� through
19. Limited Approval Approval of this Agreement by the City Council in no way
constitutes approval of anything other than that which is explicitly specified in this
Agreement.
20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said
Plat, Developer agrees to pay a trunk sewer charge in the amount of $59,080,
representing $1,400 per acre of Said Plat multiplied by 42.2 acres contained in
Said Plat. In addition, prior to release of Said Plat, Developer agrees to pay a
trunk water charge in the amount of $50,640 representing $1,200 per acre of Said
Plat multiplied by 42.2 acres contained in Said Plat. Developer agrees to pay said
amounts prior to the City's release of Said Plat.
21. Professional Fees. The Developer will pay all reasonable professional fees incurred
by the City as a result of City efforts to enforce the terms of this Agreement against
Developer. The Kolles Trust will pay all reasonable professional fees incurred by
the City as a result of City efforts to enforce the terms of this Agreement against the
Kolles Trust. Said fees include attorney's fees, engineer's fees, planner's fees, and
any other professional fees incurred by the City in attempting to enforce the terms of
this Agreement. The Developer will also pay all reasonable attorney's and
14
•
professional fees incurred by the City in the event an action is brought upon a letter
of creditor other surety furnished by the Developer as provided herein.
22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless otherwise
specified in this Agreement, Developer and the Kolles Trust are bound by said plans
and responsible for implementation of said plans as herein incorporated.
23. Integration Clause, Modification by Written Agreement Only. This Agreement
represents the full and complete understanding of the parties and neither party is
relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
24. Notification Information. Any notices to the parties herein shall be in writing,
delivered by hand (to the City Clerk for the City) or registered mail addressed as
follows to the following parties:
. City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (612) 497-3384
Leuer-Munsterteiger Properties, Inc.
P.O. Box 340
100 East Central Avenue
St. Michael, MN 55376
Telephone (612) 723-8636
Fax (763) 497-8296
Sylvester Kolles Trust Dated May 15, 1992
C/o Jan Larson
Johnson, Larson, Peterson & Matt, P.A.
908 Commercial Drive
Buffalo, MN 55313
Telephone (763) 682-4550
isFax (763) 6$2-4465
15
25. Agreement Effect. This Agreement shall run with the land and be binding upon and
extend to the representatives, heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE
By
Its Mayor
By
Its Clerk
LEUER-MUNSTERTEIGER
PROPERTIES, INC.
By
Its President
SYLVESTER KOLLES TRUST
DATED MAY 15, 1992
By David J. Theis
Its Trustee
16
•
SYLVESTER KOLLES TRUST
DATED MAY 15, 1992
By Joseph F. Barsody
Its Trustee
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Don Peterson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
•Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me this day of
2003, by Linda Goeb, as Clerk -Administrator of ` the City of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the
authority of the City Council.
Notary Public
17
e)n
1
i
•
STATE OF MINNESOTA }
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by as President of Leuer-
Munsterteiger Properties, Inc.
Notary Public
STATE OF MINNESOTA
) ss.
COUNTY OF WRIGHT
• The foregoing instrument was acknowledged before me this day of
2003, by David J. Theis as Trustee of the Sylvester Kolles Trust
dated May 15, 1992.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2003, by Joseph F. Barsody as Trustee of the Sylvester Kolles Trust
dated May 15, 1992.
Notary Public
•
18
•
EXHIBIT A TO DEVELOPER'S AGREEMENT
The Real Property subject to the Developer's Agreement is legally described as follows
(after the filing of the Kollville Estates Third Addition Plat):
Lots 1-15, Block 1
Lots 1-11, Block 2
Lots 1-19, Block 3
Lots 1-14, Block 4
Lots 1-8, Block 5
Lots 1-9, Block 6 -
Outlot A
Park
All said property in Kollville Estates Third Addition plat, City of Albertville, County
of Wright, Minnesota.
•
20
n-7
•
EXHIBIT B
Grading and Erosion Control Plan
EXHIBIT C
Landscaping Plan
•
21
no
AMW
1200 25th Avenue South P.O. Box 1717, St. Cloud, MN 56302-1717 320.229,4300 320.229.4301 FAX
architecture engineering environmental transportation
•
August 7, 2003 RE: Albertville, Minnesota
2003 I-94/CSAH 37 Traffic Signal
Improvements
SEH No. A-ALBEV 0319.00 7
The Honorable Mayor and City Council Members
c/o Ms Linda Goeb, City Administrator
City of Albertville
5975 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
Dear Mayor and Members of the City Council:
Bids were opened in the City Hall at 11:00 a.m. on Wednesday, August 6, 2003, for the above -
referenced improvement. The low bid was submitted by Design Electric, Inc., St. Cloud, Minnesota.
A complete tabulation of bids is enclosed.
In my opinion, Design Electric, Inc. is the lowest, responsive, responsible bidder and I recommend
award to them based on their bid of $121,370.00.
Please contact me if you have any questions.
Sincerely,
Scott D. Hedlund, PE
Project Engineer
sge
Enclosure (Bid Tabulation)
X:\AE\ALBEV\031900\SPECS\L-CITYRECOMMEND080703.DOC
Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer
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Rub -
AGENDA
Albertville and St. Michael City
Thursday, August 21
7:00 p.m.
Albertville City Hall
1.
Set Agenda
2.
50'h Street trail
3.
Albert Villas — access to CSAH 418
4.
Big Woods Elementary — shelter building for tournaments and youth programs
5.
County policies with cities — road funding, ROW, assessing, etc.
6.
County Road # 19 — 57t' to Hwy. 241 - continue support for federal funding
7.
Ditch #9
8.
Emergency Preparedness/Disaster Planning
9.
Hockey Arena
10.
Library - future building/funding
PARTICIPATING
Voluntary Group Life Insurance Plan
Gallagher Byerly, Inca
, -A 7600 East Orchard Road, Suite 250-5
Greenwood Village, CO 80111
°! r 1-800-525-8056
NCPERS Voluntary Life Insurance
OPEN ENROLLMENT - October 1st - November 30, 2003
To All Authorized Agents
Dear Agent:
The annual open enrollment for the NCPERS Voluntary Life Plan is here! We'd like to provide the
appropriate materials and information to help ensure a smooth enrollment process.
As you know, the NCPERS Plan is made available to you through your Association's participation in
NCPERS. The plan is underwritten by The Prudential Financial and administered by Gallagher Byerly,
Inc.
This year's open enrollment period is from October 1 through November 30, and only pertains to -
employees not currently participating in the Plan. Monthly payroll deductions must begin no later than
December. Coverage becomes effective on the first of the month following payroll deductions.
Enclosed is a sample cover letter to employees and a supplyof enrollment brochures for the Open
P
Enrollment period and for future new members. The enrollment is a simple process.
1. Select the date you want these forms returned to you by your employees so that you can set up
your payroll procedures and records. Transfer this date to the cover letter. Remember, the
coverage always becomes effective the first of the month following the first full deduction. The
initial deduction must start in December, as coverage must begin no later than January 1.
2. Distribute the enrollment material to the non -participating members/employees. There's no need
for members who are currently participating to re -enroll, so you do not need to -distribute materials
to them. Request the enrollment form be returned to the employer no later than November 30.
t
3. Review enrollment forms to ensure all sections have been completed.
4. Send all new enrollment forms to Gallagher Byerly, Inc., specifying the date of payroll deduction.
Please discard all old enrollment forms from prior enrollments.
While the brochure covers the plan's benefits, the following features are worth highlighting. These
features also appear on the sample employee letter to promote participation.
Dividends are used to increase participants' benefits without raising costs.
• All your members/employees pay the same affordable premium, regardless of age.
(OVER PLEASE)
i:\#cus-m-z\ncpers\admin\2000broclt:
• Members -employees are eligible for a greater amount of insurance when they need it
most - when they're young and have growing families.
• Health questions or medical exams are not required if the eligible member enrolls during
the open enrollment period. The insurance is automatically effective if the employee is
actively at work.
• Coverage for member's eligible dependents is automatically included in the -member's
premium. See the brochure for a definition of eligibility and when coverage becomes
effective.
• When those members who were insured as an active member retire, they can continue
coverage into retirement.
• The plan allows you to offer important and valuable benefits to your employees through
convenient payroll deductions.
We'd like to thank you for making this valuable plan available to your employees who are eligible
Association members.
For further information or assistance with open enrollment, feel free to call the Plan Administrator at
Gallagher Byerly, Inc. at 1-800-525-8056.
NOTE: This is not an opportunity to switch from the $9 Plan to the $12 Plan, or from the $12 plan to
the $16 plan.
r�
is\#cus-m-z\ncpers\adm in\2000broclt:
SAMPLE EMPLOYEE LETTER - NOT PARTICIPATING
(YOUR LETTERHEAD)
Dear Employee -Member:
It's annual open enrollment time at (EMPLOYER NAME) and we are pleased to offer you an opportunity to
purchase term life insurance at affordable group rates. You have an opportunity to enroll during this limited
enrollment period without providing evidence of insurability. You may want to consider this life insurance
protection if you have people who depend on your income for support
Employees/members of (EMPLOYER NAME) can purchase term life coverage through the Voluntary Group Life
Plan with the National Conference on Public Employees Retirement Systems (NCPERS). The plan is available
through the participation of our retirement system in NCPERS. It is underwritten by Prudential Financial and
administered by Gallagher Byerly, Inc,
The life insurance plan is designed to supplement other life insurance you may have through our benefit program
or what you may have purchased on your own. It gives you the opportunity to purchase affordable term life
insurance with no medical evidence requirements. The monthly cost remains the same regardless of your age.
You get a larger amount of insurance when your need is greatest - when you have a growing family or are
planning a family.
Please review the enclosed brochure for details of the plan. You should also consider the following features:
-1. The NCPERS Plan is an affordable plan, regardless of your age. It is an excellent value, with previous
dividends being used to provide extra coverage for the same premiums.
2. The plan provides you with the greatest amount of insurance when you need it most.
r� 3. Coverage for dependents is included in your premium amount.
4. You do not need to answer any health questions or take a medical exam if you enroll during an open
enrollment period. Coverage is effective on the first day of the month following your payroll deduction.
5. Any active member who has been covered as an active participant for at least one month can elect to continue
coverage into retirement.
Life insurance is an important part of financial planning. Please read the enclosed brochure carefully to see if, you
want to take advantage of the financial security that this coverage can help provide. You may enroll for this
affordable coverage during the October 1 - November 30 open enrollment period. Simply complete the enrollment
form that is part of the brochure and return it to my office no later than Please keep
in mind if you do not enroll now, you will have to wait until the next open enrollment t . purchase this affordable life
insurance protection:
We urge you to consider enrolling in this valuable coverage. Remember that your insurance is automatically
effective, with no medical evidence requirements. Coverage for your eligible dependents is included in your
monthly premium.
Please feel free to call Gallagher Byerly, Inc. at 1-800-525-8056 if you have any questions about the coverage or
enrollment process.
Sincerely,
(OVER PLEASE)
i:\#cus-m-z\ncpers\adm in\2000brocit:
SAMPLE EMPLOYEE LETTER - NEW MEMBERS
(YOUR LETTERHEAD)
Dear
Employee/Member:
We are pleased to offer you a Voluntary Group Life Plan from the National Conference on Public Employees
Retirement Systems (NCPERS).
Employees/members of (EMPLOYER NAME) can purchase term life coverage through the Voluntary Group Life
Plan with the National Conference on Public Employees Retirement Systems (NCPERS). The plan is available
through the participation of our retirement system in NCPERS. It is underwritten by Prudential Financial and
administered by Gallagher Byerly, Inc.
The life insurance plan is designed to supplement other life insurance you may have through our benefit program
or what you may have purchased on your own. It gives you the opportunity to purchase affordable term life
insurance with no medical evidence requirements. The monthly cost remains the same regardless of your age.
You get a larger amount of insurance when your need is greatest - when you have a growing family or are
planning a family.
The enclosed brochure provides details of the plan. You should also consider the following features:
1. The NCPERS Plan is an affordable plan, regardless of your age. It is an excellent value, with previous
dividends being used to provide extra coverage for the same premium.
2. The plan provides you with the greatest amount of insurance when you need it most.
3. Coverage for your eligible dependents is included in your premium amount.
4. You do not need to answer any health questions or take a medical exam if you enroll during an open
enrollment period. Coverage is effective on the first day of the month following your payroll deduction.
5. Any active member who has been covered as an active participant for at least one month can elect to continue
coverage into retirement if they are receiving a monthly pension check.
Life insurance is an important part of financial planning. Please read the enclosed brochure carefully to see if you
want to take advantage of the financial security that this coverage can help provide. You may enroll for this
affordable coverage during the October 1 - November 30 open enrollment period. Simply complete the enrollment
form that is part of the brochure and return it to my office no later than (do not send
the enrollment card directly to GBI). Please keep in mind if you do not enroll now, you will have to wait until the
next open enrollment to purchase this affordable life insurance protection.
We urge you to take advantage of the opportunity to enroll in this valuable coverage. You4insurance is
automatically effective the first of the month following your first payroll deduction, with no medical evidence
requirements. Coverage for your eligible dependents is automatically included in your monthly premium.
Please feel free to call Gallagher Byerly, Inc. at 1-800-525-8056 if you have any questions about the coverage or
enrollment process.
Sincerely,
i s\#cus-m-z\ncpers\ad m in\2000broclt:
50ti' STREET TRAIUSIDEWALK AGREEMENT
THIS AGREEMENT is entered into this day of 2003, by and
between the City of St. Michael, hereinafter referred to as "St. Michael" and the City of
Albertville, hereinafter referred to as "Albertville."
WHEREAS: The St. Michael — Albertville (STMA) School district asked both Cities to
construct a trail/sidewalk system along 50th Street NE to connect from the STMA
High School Campus in Albertville to the STMA Middle School Campus in St.
Michael; and
WHEREAS: 50th Street is a bordering street between the two cities and a trail along this street
would serve residents of both Albertville and St. Michael; and
WHEREAS: Albertville and St. Michael feel that construction of this trail/sidewalk segment
will be an improved enhancement benefit for the residents of both communities;
and
WHEREAS: The City Engineers from both Albertville and St. Michael have studied the
feasibility of constructing this trail/sidewalk segment and have determined that
constructing a trail/sidewalk system along 50th Street is most feasible on the north
side of 50th Street between the two school campuses; and
WHEREAS: It is in the interest of both parties to construct, regulate, maintain, and repair a
trail/sidewalk system along 50th Street,
NOW, THEREFORE, the parties hereto agree as follows:
I. Purpose and Plan. The purpose of this Agreement is to develop a cooperative agreement for
St. Michael and Albertville to prepare a plan and construct a trail/sidewalk segment along
50th Street NE to connect from the STMA High School Campus in Albertville to the STMA
Middle School Campus in St. Michael.
2. Plan Preparation. In conjunction with the effective date of this Agreement, City of
Albertville will authorize their City Engineer to begin preparation of plans, specifications,
and easement descriptions for the construction of the trail/sidewalk segment along 50th Street
N.E. The 50th Street N.E. Trail/Sidewalk Plan shall include the following:
2.1 Construction plans and details for construction of the project from the STMA High
School to Naber Avenue NE. Grading, drainage, and erosion control shall be
considered, evaluated, and addressed in these plans.
2.2 Cost estimates for construction of the project. The cost estimate shall include all
construction costs plus all overhead costs such as legal, engineering, and administration
costs.
2.3 Easement needs shall be determined and described for the trail/sidewalk.
3. Plan Adoption and Amendment. The 50'' Street N.E. Trail/Sidewalk Plan shall be prepared
. by the Albertville City Engineer and approved by the St. Michael City Engineer prior to
approval by City Council's of both Cities. The City Engineers must jointly agree on the 50tt,
Street N.E. Trail/Sidewalk Plan before submitting it to the Cities of Albertville and St.
Michael for review and approval. A neighborhood meeting with the residents who abut the
project shall be held prior to submission of the final plans to the Council's. Information
gathered at this meeting will be given consideration in the development of the final plans.
The 50ch Street N.E. Trail/Sidewalk Plan shall be adopted by a majority vote of the members
of the Cities of Albertville and St. Michael.
4. Plan lm lementation and Maintenance. Following 50th Street N.E. Trail/Sidewalk Plan
P g
review and adoption by the Cities of Albertville and St. Michael, the City of Albertville shall
arrange for and administer the implementation of the 50th Street N.E. Trail/Sidewalk Plan.
Each City will acquire necessary easements in their respective jurisdiction. Any payment for
easements in each City shall be paid for exclusively by the respective City. All contracts for
the projectshallbe noticed and awarded by the City of Albertville in accordance with
applicable statutory requirements. St. Michael will maintain and plow the trail segment
(Haber Avenue to Barthel Industrial Drive) and Albertville shall maintain the trail/sidewalk
located west of Barthel Industrial Drive.
5. - Administration, Design, Inspection, and Review. Albertville and their Engineer (SEH) will
design and administer the project contract and construction subject to the review and
approval of the St. Michael Engineer and Council in a timely manner. St. Michael will
reimburse Albertville for 501/o of all project construction and engineering costs within 30
days of invoicing by Albertville. Any member of the Cities of Albertville and St. Michael
many review and inspect any and all work, services, and activities undertaken pursuant to the
50 Street N.E. Trail/Sidewalk Plan, and may inspect and audit books and records relating to
plan implementation. If any discrepancies or inefficiencies are noted, the Cities of Albertville
and St. Michael shall work out their differences.
6. Cost Allocation and Reimbursement. The costs for preparing and implementing the 50kh
Street N.E. Trail/Sidewalk Plan shall be allocated to and paid by the respective City on the
basis of the following:
6.1 All project construction costs (including Engineering) be split evenly (500/o/50%n)
between the Cities of Albertville and St. Michael.
6.2 Albertville and their Engineer (SEH) will design and administer the project contract and
construction subject to the review and approval of the St. Michael Engineer and Council
in a timely manner. St. Michael will reimburse Albertville for 50% of all project
construction and engineering costs within 30 days of invoicing (detailing the costs) by
Albertville.
6.3 Any payment for easements in each City shall be paid for exclusively by the respective
City.
7. Final Project t hspection. A final inspection of the project will be made by the City Engineers
prior to acceptance of the project and start of the warranty period. The City Engineers shall
inspect the project again prior to release of the warranty.
8. Insurance. The Cities of Albertville as administrator for the 50`h Street Trail Project shall
require the project contractor to name both Albertville and St. Michael as additional insured
. parties on the contractor's insurance policy for the project.
9. Gifts Grants and Loans. The Cities of Albertville and St. Michael may within the scope of
this Agreement, accept gifts, apply for and use grants or loans or other property from the
United States, the State of Minnesota, or its departments or agencies, Wright County, or any
person or entity for the purposes described herein. The Cities of Albertville and St. Michael
may enter into any reasonable agreement required in connection therewith. The Cities of
Albertville and St Michael shall comply with all laws and regulations applicable thereto, and
imayhold, use and dispose of such money or property in accordance with the terms of the
gift, grant, loan, or agreement relating thereto.
10. Accounting. St. Michael will reimburse Albertville for 50% of all project construction and
engineering costs related to the 5e Street Trail within 30 days of invoicing by Albertville.
Prior to closing out the trail project contract, the Cities of Albertville and St. Michael shall
submit an accounting of the monies expended for administration of the 50th Street Trail Plan
to each City for review. This report shall include the following:
13.a The financial activities of the Cities of Albertville and St. Michael in regards to the 50th
Street Trail Project
13.b The status of all projects and work pursuant to the 50th Street Trail Plan;
13.c Any other matters which affect the interests of the City in the 50'h Street Trail Plan.
14. Disputes. In the event of any dispute, claim, question or disagreement arising from or relating
to this Agreement„ the parties hereto shall use their best efforts to settle the dispute, claim,
question or disagreement. To this effect, they should consult or negotiate with the other party
in good faith and attempt to reach a just and equitable solution satisfactory to both Cities. If
they do not reach such solution within a period of sixty days, then the engineer for each City
shall jointly select a third engineer to review and act as arbitrator with regard to such dispute,
claim, question or disagreement. The decision of the arbitrator so selected shall be final and
binding upon each City.
15. Amendments. Amendments to this Agreement may be made only by written instrument
executed by the parties hereto.
16. Effective Date. This Agreement shall be in force and effect following its execution by
authorized representatives of both of the members hereto. A certified copy of the Agreement
shall be maintained by the Clerks of both Cities.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing
bodies, have caused this Agreement to be executed.
Approved by the City Council City of St. Michael
2003 By:
By:
Approved by the City Council City of Albertville
2003 By:
By.
f:lEngineering:\Projects:\.5eStreetTrail\50thSftdTrailagreementw-Albertville
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8-21-03
CITY OF ALBERTVILLE
City Council
Findings of Fact
& Decision
Final Plat
Applicant's Name: Leuer-Munsterteiger Properties
Request: The applicant is requesting a Final Plat to be known as "Kollville Estates
3rd Addition". The project is the 3rd and final addition of a 64 acre site. Kollville Estates
3rd Addition will subdivide a 42.2 acre site into 66 single family residential lots with a 4.2
acre park located at the northwestern portion of the site. The subject portion of the site
is designated for Low Density Residential Use in the Comprehensive Plan and is zoned
R-1A. The site is proposed to be developed under the R-1A district standards,
consistent with its zoning.
City Council Meeting Date: August 21, 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 August 19, 2003 prepared by NAC is
incorporated herein.
B. Comments from the City Engineer are incorporated herein.
C. The Final Plat is consistent with the approved Preliminary Plat and in
compliance with the design standards of the Albertville Zoning and
Subdivision Ordinance.
Decision Bused on the foregoing considerations and applicable ordinances, the
Final Plat to be known as "Kollville 3rd Addition" is approved based on the most current
plans and information received to date, subject to the following conditions:
1. The developer shall revise the final plat indicating the correct northern
direction of the plat.
2. The street design and widths are to be consistent with those of the
adjoining subdivisions.
3. All grading drainage and utility issues are subject to the review and
approval of the City Engineer.
1 Kollville 3rdAddition
Findings of Fact and Decision
4. The City Engineer should make comment as to the filling of the wetlands.
5. Dedication of 4.2 acres of buildable parkland exclusive of wetlands.
6. The developer shall enter into a development agreement with the City of
Albertville
Adopted by the Albertville City Council this the 21st day of August, 2003,
City of Albertville
By:
Don Peterson, Mayor
Attest:
By:
Linda Goeb, City Administrator
2 Koliville 3`d Addition
Findings of Fact and Decision