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2003-09-02 CC PacketALBERTVILLE CITY COUNCIL AGENDA Tuesday, September 2, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) August 18, 2003, City Council Meeting (p. 1-4) 4 ?0'\ ga,n✓`.tV`Af� _ � t R� CITIZEN FORUM — (io Minute Limit) `r''' " 7' 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 18502—18542) (p. 5-9) (b) Approve application for Non -Intoxicating Malt Liquor License for Knight of Columbus on September 7, 2003, at the City Park from 11:00 AM to 6:00 PM (p. 1 o) (c) Schedule Truth in Taxation hearing on Wednesday, December 10, 2003, at 7:00 PM and the reconvening hearing, if needed, on Monday, December 15, 2003, at 6:00 PM (p.11) 5. DEPARTMENT BUSINESS a. Fire Department • None ,�. f-7 - 7 ` b. Public Works (1) Public Works/Parks Maintenance Report (p.13) (2) Wastewater/Water Department Report (p.14) witt�ng t eeTNE (p.1 -2V c. Planning Zonings a Request for approval of additional pier— Towne Lakes (p. 22-25) - $ (2) Request from Northwoods Custom Homes to use garage at 10474 49th Street NE as�a to ��p�orary sales office and to use the home as a model (p. 26-27) f3� n�v-- d. Engineering i N (1) Drainage Improvements — Savitski storm sewer q ,32 (2) Update on Main Avenue storm drainage 34 City Council Agenda September 2, 2003 Page 2 of 2 e. Legal y5 - Y a 4Zz (1) Karston Cove 3rd Addition Agreement (p. 28-36) f. Administration ;-(,- (1) Schedule workshop meeting to prepare for new administration P-j : 5 7 (2) Approve preliminary levy (p. 37) T, s-7 — (3) 50' Street Trail/Sidewalk Agreement (p. 38-40) 03— v 1 l (4) Schedule joint meeting with STMA School Board and St. Michael Council on �'►o Monday September 29 6 40 (M- ��- C.)Lwh5u 9' (v 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL August 18, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, and Ron Klecker, City Planner John Glomski, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item — Potential meeting dates with Otsego Creek Authority in September • Add Item Consider holding a special meeting for Kolleville Estates 3ia Addition final plat • Add Item - Set date to meet with Fire Department to discuss pumper truck • Add ;- Seal Coating (Eng) • Add Early Council start time on September 15, 2003, for Praught property review Berning made a motion to approve he agenda as amended. Klecker seconded the motion. All voted aye. Fay made a motion to approve the minutes of the August 4, 2003, regular meeting as presented. Berning seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. No one addressed the Council. Check #'s 18442, 18445, 18466, and 18469 were removed from the Consent Agenda. Klecker made a motion to approve the Consent Agenda as follows: • Approve payment of claims (Check #'s 18419-18441, 18443-18465, 18467-18468, and 18470-18479) • Follow-up sheet from August 41h meeting • Resolution #2003-27 (A Resolution Approving Renewal of the Gambling License for the Albertville Lions at the 152 Club) • Resolution #2003-28 (A Resolution Approving Renewal of the Gambling License for the Albertville Lions at Cedar Creek Bar & Grill) • Resolution #2003-29 (A Resolution Approving Renewal of the Gambling License for the Albertville Lions at Geez' sports Bar & Grill Berning seconded the motion. All voted aye. City Planner John Glomski reviewed the request from Ahrens Enterprises, LLC, for site and building plan review of a 20,160 square foot office and warehouse building to be located at the southeast corner of 53rd Street and Barthel Industrial Drive. The building is proposed to be constructed in two phases. The site is 3.2 acres in area and is zoned I-1, Limited Industrial District. Albertville City Council Minutes August 18, 2003 Page 2 of 4 The Council added three conditions to the Findings of Fact and Decision: (1) A fire code review will be done. (2) 90 degree shoebox lighting is required. (3) The berm will be relocated closer to the boulevard and additional landscaping added to screen lighting from residential properties. Berning made a motion to approve Findings of Fact & Decision as amended, approving the site and building review. Fay seconded the motion. Berning, Fay and Peterson voted aye. Klecker voted no. The motion carried. Glomski reviewed a land use and zoning concept submitted by Jerry Brecke, Risk Control, Inc., to reguide and rezone land located south of CSAH 18 for commercial as opposed to residential use. Brecke requests consideration of land use/zoning concept to develop a commercial site for a dental clinic. Jerry Brecke explained that a dental clinic needs to a near housing areas, and he has no interest in being in a strip mall. He presented a picture of the style of building he intends to construct. All of the lots south of CSAH 18 have been purchased , but he has not received the final survey at this time. The staff will want to see a site plan for all of the properties purchased by the developer. The Council should consider whether to rezone to Bl or B2, taking into consideration that other uses fit into those zones. If the Council wishes to limit the use to medical and/or dental, the site should be zoned Commercial PUD. The Council expressed interest in the concept plan as presented as a PUD with restrictions on the types of uses allowed. Boulder Properties, in conjunction with Weber Architects and Planners, have submitted an application for concept plan planned unit development for the Phil Morris property located at the corner of I-94 and County Road 37. this site is currently vacant and zoned B-3, Highway Commercial. The applicant is seeking general concept plan PUD/CUP to allow for a commercial development that would include a family restaurant, a convenience store with gas sales, and a hotel or retail development. While the hotel concept is expressed as being desirable, the applicant indicated that if the market dictates that the hotel will not work, he would change the hotel to a retail use. Mayor Peterson advises that the applicant be made aware that one side of the CSAH interchange may be eventually closed. The Council stipulated that the convenience store must go in at the same time as either a hotel or a restaurant. Fay would prefer to have the convenience store with gas be the last item to be built. The Council would also like to see more landscaping in the back of the hotel site Albertville City Council Minutes August 18, 2003 Page 3 of 4 Fay made a motion to approve concept with the above recommendations. Berning seconded the motion. All voted aye. Planner Glomski reviewed the proposed amendments to the residential fence ordinance with the Council. The amended ordinance limits the height of residential fences to six feet and defines the location of fences on corner lots. Klecker made a motion to adopt ORDINANCE #2003-17 titled. AN ORDINANCE ESTABLISHING AMENDMENTS TO THE ALBERTVILLE ZONING ORDINANCE. Fay seconded the motion. All voted aye. The Council reviewed the proposed amendment to the swimming pool ordinance. City Engineer Carlson recommended that Item (c)f. be amended by deleting the phrase "unless approved by the City Engineer". The City Council agreed with Pete's recommendation. Fay made a motion to adopt ORDINANCE #2003-18 titled AN ORDINANCE AMENDING SECTION 1000.5, SWIMMING POOL OF THE ALBERTVILLE ZONING ORDINANCE. Klecker seconded the motion. All voted aye. City Engineer Pete Carlson reviewed the layout of proposed PW building and cost estimate of $2,254,652.50. Wright County has opted not to participate in a joint building, therefore, the layout is only for the City's use. If Council wishes to move on, the next step is the design development stage. The Council directed Pete to proceed with design development of the public works building. The TEP has met to review the mitigation plan for Kolleville Estates 3ra Addition. The TEP wants mitigation on site for the Kolleville Estates 3rd Addition and has suggested that the pond be mitigation be located on the park property. The Council prefers that the mitigation area be moved to a point in the northeast corner of park. Pete will bring corrected findings of fact back to the next meeting on the mitigation plan for Kolleville Estates 3rd Addition. Ralph Munstertieger, one of the developers for the Kolleville Estates 3ra Addition requested that the Council schedule a special meeting to consider the Kolleville Estates 3rd Addition final plat at 6:00 PM on Thursday, August 21, 2003. The Council agreed to the special meeting and time. Councilmember Berning questioned how streets to be seal coated are determined. The Council directed the Public Works Department to inventory streets for future seal coating projects. City Attorney Couri reviewed Ordinance #2003-16 (An Ordinance Requiring Construction Sites to be Free of Debris) which requires that defines construction debris containers as a rigid, Albertville City Council Minutes August 18, 2003 Page 4 of 4 free-standing, metal enclosure with a cover made of netting or a solid, rigid material which covers the entire top of the enclosure. Berning made a motion to adopt ORDINANCE #2003-16 titled AN ORDINANCE REQUIRING CONSTRUCTION SITES TO BE FREE OF DEBRIS. Klecker seconded the motion. All voted aye. The Council decided to table discussion on the proposal from H. J. Development to place a community directional sign at the intersection of CSAH 37/19 until the City has received the bids on the directional sign on Main Avenue. Klecker made a motion to approve a $.50 per hour raise for Sean Vold effective immediately. Vold has successfully completed his six month probationary period. Fay seconded the motion. All voted aye. The Council received two letters of interest from residents interested in filling the unfinished term of former Councilmember Sweeney. The Council decided to delay filling the position at a later time, when all interested individuals can be interviewed. Berning made a motion to accept the resignation of City Administrator Linda Goeb effective November 30, 2003. Klecker seconded the motion. All voted aye. Staff was directed to advertise the city administrator position in the St. Cloud Times and the Star Tribune. The Otsego Creek Authority members will provide potential meeting dates to the city administrator as soon as possible. The Council agreed to start the September 15, 2003, regular meeting at 6:00 PM to allow them to tour the property recently purchased from the Praught families. Berning made a motion approve payment of Check Ws 18442, 18445 and 18466 as presented. Klecker seconded the motion. All voted aye. The Council scheduled a workshop meeting with the Fire Department at 6:00 PM on Thursday, September 11 to discuss technical policies and the pumper truck. Berning made a motion to adjourn at 9:45 P. Klecker seconded the motion. All voted aye. Linda Goeb, City Administrator Don Peterson, Mayor 4__ A�Ibcrtvijjc *I" Town . 09 aw uh. CITY OF ALBERTVILLE *Check Detail Register© September 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 018502 9/2/2003 A 01 BATTERY SOURCE E 101-45100-415 Other Equipment Rentals $61.13 00214152 Battery - cell phone E 101-43100-582 C/O - Misc. Equipment $61.13 00214152 Misc Equipment -battery Total A #1 BATTERY SOURCE $122.26 Paid Chk# 018503 9/2/2003 BML BUILDERS G 101-22800 Landscaping Escrow $3,000.00 420498 5096 Kahl Avenue Total BML BUILDERS $3,000.00 Paid Chk# 018504 9/2/2003 BUFFALO BITUMINOUS INC. E 448-49000-310 Other Professional Services $304,374.92 Pay No. 2003- Payment Request 2003-03 Total BUFFALO BITUMINOUS INC. $304,374.92 Paid 50 018505 9/2/2003 CHRISTIAN BUILDERS G 101-22800 Landscaping Escrow _ $2,750.00 420513 11422 - 53rd Court Total CHRISTIAN BUILDERS $2,750.00 Paid Chk# 018506 9/2/2003 COMPUTER SERVICES & REPAIR E 101-41400-570 Office Equip and Furnishings $227.50 20659 Computer-MBLAST Worm Total COMPUTER SERVICES & REPAIR $227.50 Paid Chk# 018507 9/2/2003 DELTA DENTAL E 601-49450-130 Employer Paid Ins (GENERAL) $54.50 Sept 2003 Dental Insurance - WWTF E 602-49400-130 Employer Paid Ins (GENERAL) $54.50 Sept 2003 Dental Insurance - Water E 101-41300-131 Employer Paid Health $54.50 Sept 2003 Dental Insurance - Admin E 101-42400-130 Employer Paid Ins (GENERAL.) $54.50 Sept 2003 Dental Insurance - Bldg Inspec E 101-42400-130 Employer Paid Ins (GENERAL) $54.50 Sept 2003 Dental Insurance - Bldg Inspec E 101-45100-130 Employer Paid Ins (GENERAL) $81.75 Sept 2003 Dental Insurance - Parks/Parks E 101-43100-130 Employer Paid Ins (GENERAL) $81.75 Sept 2003 Dental Insurance - PW/PW E 101-41400-131 Employer Paid Health $109.00 Sept 2003 Dental Insurance - Office Total DELTA DENTAL $545.00 Paid Chk# 018508 9/2/2003 - DON'S AUTO & REPAIR E 101-43100-212 Motor Fuels $14.59 16462 fuel Total DON'S AUTO & REPAIR $14.59 Paid Chk# 018509 9/2/2003 EMERGENCY MEDICAL PRODUCTS E 101-42000-584 C/O - Turnout Gear $828.12 INV470614 Combitube-Adult size Total EMERGENCY MEDICAL PRODUCTS $828.12 Paid Chk# 018510 9/2/2003 FEHN GRAVEL & EXCAVATING E 604-49660-300 Professional Srvs (GENERAL) $7,262.50 11276 Drainage Ditch Cleaning Total FEHN GRAVEL & EXCAVATING $7,262.50 Paid Chk# 018511 9/2/2003 FYCC E 101-45000-598 Pledges & Contributions _$8,000.00_ 2003 Summer 2003 Summer Programs Total FYCC $8,000.00 Paid Chk# 018512 9%2/2003 „-GOEB, LINDA E 101-41400-200 Office Supplies (GENERAL) $45.75 timecards Time Cards Total GOEB, LINDA $45.75 Paid Chk# 018513 9/2/2003 HAWKINS CHEMICAL, INC. E 601-49450-216 Chemicals - Alum $2,074.48 INS548679 Aluminum Sulfate Liquid Total HAWKINS CHEMICAL, INC. $2,074.48 08/27/03 12:07 PM Page 1 Paid Chk# 018514 9/2/2003 HEART OF THE LAKES G 101-22800 Landscaping Escrow $2,500.00 420512 10513-10537 64th Way �` Albertville stud Town LMng. ek City We. CITY OF ALBERTVILLE *Check Detail Register© September 2003 08/27/03 12:07 PM Page 2 Check Amt Invoice Comment G 101-22800 Landscaping Escrow $2,500.00 420530 10512-10530 64th Way G 101-22800 Landscaping Escrow $2,500.00 420551 10543-10573 64th Way G 101-22800 Landscaping Escrow $2,500.00 420563 10536-10554 64th Way Total HEART OF THE LAKES $10,000.00 Paid Chk# 018515 9/2/2003 HOMES PLUS G 101-22800 Landscaping Escrow $3,000.00 420562 10317 - 49th Street Total HOMES PLUS $3,000.00 Paid Chk# 018516 9/2/2003 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) $1,800.00 July 2003-1 Inspection Services Total INSPECTRON INC. $1,800.00 Paid Chk# 018517 9/2/2003 INTERNATIONAL CODE COUNCIL E 101-42400-200 Office Supplies (GENERAL) $46.14 0-69781124 2000 IBC Workbook Study Total INTERNATIONAL CODE COUNCIL $46.14 Paid Chk# 018518 9/2/2003 KEYLAND HOMES G 101-22800 Landscaping Escrow $3,000.00 420577 4941 Kahler Bay Total KEYLAND HOMES $3,000.00 Paid Chk# 018519 9/2/2003 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $69.25 082203 Ordinance Amendments Total LARSON PUBLICATIONS $69.25 Paid Chk# 018520 9/2/2003 MAC'S WELL & PUMP SERVICE E 101-49300-660 Capital Projects Reserve $576.00 6067 Seal up Well @ Barthel Propert Total MAC'S WELL & PUMP SERVICE $576.00 Paid Chk# 018521 9/2/2003 MEDICA E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health E 10143100-130 Employer Paid Ins (GENERAL) E 10142400-130 Employer Paid Ins (GENERAL) E 101-41300-131 Employer Paid Health E 101-42400-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) E 601-49450-130 Employer Paid Ins (GENERAL) Total MEDICA $1,554.79 103244115311 Medical Ins - Parks/Parks $2.073.05 103244115311 Medical Ins -Office Staff $1,554.78 103244115311 Medical Ins - PW/PW $1,036.53 103244115311 Medical Ins -Bldg Inspec $1,036.53 103244115311 Medical Ins -Administrator $1,036.52 103244115311 Medical Ins -Bldg Inspec $1,036.52 103244115311 Medical Ins- Water $1,036.53 103244115311 Medical ins-WWTF 1 U,:iti5.15 Paid Chk# 018522 9/2/2003 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $134.00 131354 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses _ $134.00 131371 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $268.00 Paid Chk# 018523 9/2/2003 MILLER, BRIDGET E 101-41100-200 Office Supplies (GENERAL) _ $53.00 08-2003 Flowers - Linda's Mom Total MILLER, BRIDGET $53.00 Paid Chk# 018524 9/2%2003MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $269.98 119541 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $269.98 Paid Chk# 018525 9/2/2003 _MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $40.00 388 Animal Control -Stray Animal Total MONTICELLO ANIMAL CONTROL $40.00 Paid Chk# 018526 9/2/2003 MONTICELLO, CITY OF E 101-42700-309 Animal Control Contract $232.00 7376 Animal Control Service A�IbertvillciP CITY OF ALBERTVILLE *Check Detail Register© September 2003 Check Amt Invoice Comment Total MONTICELLO, CITY OF $232.00 Paid Chk# 018527 9/2/2003 NCPERS GROUP LIFE INSURANCE G 101-21710 Other Deducations _ $16.00 Sept, 2003 NCPERS Insurance Prem Total NCPERS GROUP LIFE INSURANCE $16.00 Paid Chk# 018528 9/2/2003 NEXTEL COMMUNICATIONS E 101-43100-323 Nextel Radio Units $66.19 718183318-02 Two-way Cell - PW Dept E 602-49400-323 Nextel Radio Units $44.13 718183318-02 Two-way Cell - Water Dept E 101-45100-323 Nextel Radio Units $66.20 718183318-02 Two-way Cell - Parks Dept E 101-42400-321 Telephone $44.13 718183318-02 Two-way Cell - Bldg Dept. E 101-42400-321 Telephone $45.15 718183318-02 Two-way Cell - Bldg Dept. E 101-41400-323 Nextel Radio Units $44.45 718183318-02 Two-way Cell -Office Staff E 101-41400-323 Nextel Radio Units $44.13 718183318-02 Two-way Cell -Office Staff E 101-41400-323 Nextel Radio Units $44.13 718183318-02 Two-way Cell -Office Staff E 101-41400-323 Nextel Radio Units $44.13 718183318-02 Two-way Cell-Eng Inspec E 601-49450-323 Nextel Radio Units $44.13 718183318-02 Two-way Cell - Sewage Plant E 101-42000-321 Telephone $44.13 718183318-02 Two-way Cell -Fire Dept. Total NEXTEL COMMUNICATIONS $530.90 Paid Chk# 018529 9/2/2003 NORTHERN SAFETY CO., INC. E 101-45100-405 Repair/Maint -Buildings $21.76 P07130950101 Safety Supplies E 101-45100-405 Repair/Maint -Buildings $152.96 P07130950102 Safety Supplies Total NORTHERN SAFETY CO., INC. $174.72 Paid Chk# 018530 9/2/2003 ORTMAN, JIM G 101-22800 Landscaping Escrow $3,000.00 420537 5501 Kagan Avenue Total ORTMAN, JIM $3,000.00 Paid Chk# 018531 9/2/2003 PORTABLES PLUS SANITATION E 101-45100-415 Other Equipment Rentals $34_5.20 107653 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $345.20 Paid Chk#'�018532 9/2/2003 S. E. H. E 460-49000-303 Engineering Fees $1,106.36 E 101-43100-224 Street Overlayment $185.04 E 453-49000-303 Engineering Fees $1,711.53 E 101-43100-224 Street Overlayment $1,890.62 E 101-41700-303 Engineering Fees $1,953.63 E 604-49660-300 Professional Srvs (GENERAL) $7,510.19 E 456-49000-303 Engineering Fees $1,043.03 E 452-49000-303 Engineering Fees $77.07 E 456-49000-303 Engineering Fees $6,189.88 E 448-49000-303 Engineering Fees $22,563.09 E 101-41700-303 Engineering Fees $3,141.32 E 450-49000-303 Engineering Fees $15,381.34 E 453-49000-303 Engineering Fees $557.60 R 101-32210 Building Permits $2,700.00 E 450-49000-303 Engineering Fees $323.84 E 457-49000-303 Engineering Fees $330.00 E 450-49000-303 Engineering Fees $624.35 E 101-41700-303 Engineering Fees $878.71 E 101-41700-303 Engineering Fees $8,532.40 Total S. E. H. $76,700.00 103437 WWTP Facility 103964 Seal Coat Improvements 103965 Kollville 3rd 103966 Street Overlay 103967 1-94/CR37 Traffic Light 103968 Hydrology Study 103969 Towne Lakes 103970 Outlets - Mall 103971 Towne Lakes 103972 CSAH 19 Upgrade 103973 Wright Cty Trns Study 103974 AV 6th 103975 Kollville 103976 Lot Survey Reviews 103977 AV 4th 103978 Heuring Meadows 103979 AV 3rd 104011 PW Space Needs 104586 General Services 08/27/03 12:07 PM Page 3 Paid Chk# 018533 9/2%2003- - SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $50.97 329232 Security - Fire Hall Total SENTRY SYSTEMS, INC. $50.97 A,lbertville fmaM Torun Gt urs. �. ea CITY OF ALBERTVILLE *Check Detail Register© September 2003 Check Amt Invoice Comment Paid Chk# 018534 9/2/2003 SPRINT- MO E 101-42400-321 E 101-42400-321 E 601-49450-321 E 101-41940-321 E 101-41940-321 E 101-41940-321 E 101-42400-321 E 101-45100-321 E 101-42400-321 E 101-41940-321 E 101-41940-321 E 101-41940-321 E 101-41940-321 E 101-42000-321 E 101-42000-321 E 101-43100-321 E 101-43100-321 E 101-41940-321 E 101-41940-321 E 101-42400-321 E 101-41940-321 E 101-41940-321 Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Total SPRINT- MO Paid Chk# 018535 9/2/2003 STAR TRIBUNE $31.34 August 2003 $51.29 August2003 $59.58 August 2003 $20.00 August2003 $190.22 August2003 $134.98 August 2003 $58.24 August 2003 $54.56 August 2003 $53.19 August2003 $51.29 August2003 $21.51 August 2003 $51.29 August2003 $243.38 August2003 $42.15 August2003 $33.20 August 2003 $32.29 August2003 $31.34 August2003 $31.34 August2003 $31.34 August 2003 $31.34 August 2003 $28.70 August 2003 $51.29 August2003 $1.333.86 Phone - Bldg Dept Phone - Bldg Dept Phone - Sewer Plant Phone - Office Supplies Phone - CH main line Phone - Data - Information Phone - Bldg Dept Phone - Parks Dept Phone - Bldg Dept Phone - CH 4th line Phone - long distance Phone - CH 2nd line Phone - tax/surcharges Phone - Fire Dept line Phone - Fire Dept fax Phone - PW Garage main Phone - Sewer/Water fax Phone - E-mail line Phone - CH Fax line Phone - Bldg Dept -Fax Phone - CH private line Phone - CH 3rd line E 101-41100-351 Legal Notices Publishing $993.60 970657001 Ad - Fax City Admin E 101-41100-351 Legal Notices Publishing $50.00 976120001 Ad - Fax City Admin Total STAR TRIBUNE $1,043.60 08/27/03 12:07 PM Page 4 Paid Chk# 018536 9/2/2003 "-SUTHERLAND, JON �. a_... E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-208 Training and Instruction Total SUTHERLAND, JON $176.64 August 2003 Mileage for Training $192.00 August 2003 Duluth Conf-Hotel $85.00 August 2003 Duluth Conference $453.64 Paid Chk# 018537 9/2/2003 - TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $1,089.23 90133342866 Copier Maintenance Agreement Total TOSHIBA AMERICA INFO SYS INC $1,089.23 Paid Chk# 018538 9/2/2003 U. S. BANK M� E 356-47000-620 Fiscal Agent's Fees $4,650.00 213542 2003 GO Improv Bonds Total U. S. BANK $4,650.00 Paid Chk# 018539 9/2/2003 VERIZON E 101-42000-321 Telephone _ $20.30_ Sept 2003 Fire Dept - Cell Phone Total VERIZON $20.30 Paid Chk# 018540 9/2/2003 WOODSIDE COMMUNITIES G 101-22800 Landscaping Escrow $2,750.00 093407 5460 Jason Court G 101-22800 Landscaping Escrow $2,750.00 420524 5478 Jason Court G 101-22800 Landscaping Escrow $2,750.00 420544 10577 - 10585 Jason Lane G 101-22800 Landscaping Escrow $2,750.00 420576 10507-10529 Jason Lane G 101-22800 Landscaping Escrow $2,750.00 420582 10591-10613 Jason Lane Total WOODSIDE COMMUNITIES $13,750.00 Paid Chk# 018541 9/2/2003 WRIGHT CTY AUDITOR/TREASURER E 101-41400-433 Dues and Subscriptions $40.00 2003-2004 Membership MMD A.1bertville SffWx, c"n C 41 {ft. CITY OF ALBERTVILLE *Check Detail Register© September 2003 Check Amt Invoice Comment Total WRIGHT CTY AUDITOR/TREASURER $40.00 Paid Chk# 018542 9/2/2003 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities $53.28 August 2003 Street Lighting - 58-59-60 St. E 101-43160-381 Electric Utilities $144.90 August 2003 Street Lighting - Towne Lakes E 601-49450-381 Electric Utilities $83.00 August 2003 Electric -Towne Lakes -Lift Stat Total WRIGHT-HENNEPIN COOPERATIVE $281.18 10100 Premier Bank $462,444.34 Fund Summary 10100 Premier Bank 101 GENERAL FUND $83,983.27 356 2000 G.O. SEWER REVENUE $4,650.00 448 CSAH 19 IMPROVEMENT $326,938.01 450 ALBERT VILLAS $16,329.53 452 TRAFFIC LIGHT $77.07 453 KOLLEVILLE ESTATES $2,269.13 456 TOWNE LAKES $7,232.91 457 HEURING MEADOWS $330.00 460 2000 WWTF EXPANSION $1,106.36 601 SEWER FUND $3,620.22 602 WATER FUND $1,135.15 604 STORM WATER $14,772.69 $462,444.34 08/27/03 12:07 PM Page 5 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 (612) 497-3384 e Orem I" I 0 Fax: (612) 497-3210 APPLICATION FOR NON -INTOXICATING !HALT LIQUOR LICENSE 14 0/a 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. 1. Name of Applicant: 2. Name and Address of President and Secretary of Applicant: 1ioy� — l� '`A . ��. err f / 3. Purpose for which funds derived will be used: %"Lly1 ( asef- 4. Date of activity: `7 -y3 __- 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: r � r J 1- Tl �77t'C� 6. Hours of operation: „l �- ��� �l. %�l (� . �r� ,G�i'✓I 7.. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: �GrAra j/ &Z 36Z Date: - "Q Signat of Applicant(s) NEW Jf4l Y p� CJ� to � 4 12 .dy 7855 August 19, 2003 City of Albertville 5975 Main Avenue NE PO Box 9 Albertville MN 55301 Douglas M. Gruber Wright County Auditor/ Treasurer Wright County Government Center 10 2nd Street N. W. Room 230 Buffalo, MN 55313-1195 Phone: (612) 682-7578 FAX. (612) 682-7873 As required by the Truth -in -Taxation legislation, we are notifying you that the Wright County public hearing date has been set as follows: Date: Thursday, December 4, 2003 Time: 7:00 p.m. Place: Commissioners' Board Room Wright County Government Center and will reconvene, if necessary, on December 16, 2003 at 7:00 p.m. Attached is a table of hearing dates, as set by the Wright County area School Districts. We are requesting that, if you haven't already done so, you now set the City's date and time for your public hearing and for a reconvening hearing, if needed. As directed by the MN Department of Revenue, we are asking you to certify to us in writing on or before September 15, 2003 the dates, times and location you have selected for your hearings and your proposed property tax levy certified for payable 2004 taxes. We previously mailed a Levy Certification form to you that needs to be completed and returned to us. If you have any questions about this form, please call our Tax Administrator Denise McCalla at 763-682-7570. incerely, n Doug s M. Gruber Wright County Auditor/Treasurer gg/ WRIGHTCOUNTY SCHOQLs SCHEDULE 2004 Truth-iu-T'agadon Hearings , School Name Date Time Place Watertown/Mayer Tues., Dec. 2 7:00 p.m. Board Room ISD 111 Mon., Dec. 15 6:00 p.m. Middle School Dassel-Cokato Tues, Dec. 2 6:30 p.m. Board Room ISD 466 Tues, Dec. 9 6:30 p.m. District Office Elk River Tues., Dec. 2 7:00 p.m. District Office ISD 728 Tues., Dec. 9 7:00 p.m. St. Cloud Wed., Dec. 10 6:30 p.m. City Hall ISD 742 Thurs., Dec. 18 6:30 p.m. Council Chambers Annandale Tues., Dec. 2 7:00 p.m. Music Room ISD 876 Mon. Dec. 15 6:00 p.m. Middle School Buffalo Tues., Dec. 2 7:00 p.m. Discovery Learning ISD 877 Tues., Dec. 9 7:00 p.m. Center Delano Thurs., Dec. 11 6:30 p.m. Media Center ISD 879 Thurs., Dec. 18 7:00 p.m. High School Maple Lake Mon., Dec. 8 8:00 p.m. Board Room ISD 881 Mon., Dec. 15 8:00 p.m. High School Monticello Mon., Dec. 1 6:00 p.m. Board Room ISD 882 Mon., Dec. 15 6:00 p.m. Middle School Rockford Mon., Dec. 15 5:00 p.m. Board Room ISD 883 Middle School St. Michael/Albertville Wed., Dec. 17 7:30 p.m. Board Room ISD 885 Senior High School Howard Lk./Winsted Mon., Dec. 1 8:00 p.m. Media Center ISD 2687 Mon., Dec. 15 7:30 p.m. High School Glencoe Mon., Dec. 1 6:30 p.m. Lincoln ISD 2859 Mon., Dec. 8 6:00 p.m. Board Room CITY OF ALBERMLLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: August 29, 2003 SUBJECT: Public Works/Parks Maintenance Report PARKS - The warning track has been installed on the new softball field. Fehn's are going to repair the sinkholes and the fence. The City will seed and raise the sprinkler heads on the new baseball field. City Park, especially around the skateboard park, has had a considerable amount of garbage. We spend 2 — 3 hours each day just cleaning it up. A number of picnic tables have been damaged as well. We are hoping this changes once school begins. We have been watering the newer trees in our parks STREETS - We have been painting curbs in the "NO PARKING" zones. Most of the curb work and street patching has been done. Hopefully the street overlay will be done soon. TG:bmm Data O:\bridgett\My DocumentsTublic Works Reports\2003 Reports\PW-PR Report 08-29-03.doc 1 CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: August 29, 2003 SUBJECT: Wastewater Treatment Facility Report The Wastewater Treatment Plant continues to work well. I had to replace a seal on one of the large gearboxes that runs the brush rotors. We did yearly Inspection on Clarifier No.1. We drained it cleaned it and checked the sludge scrapers. I'm continuing to work with Fergus Power Pump on sludge removal. We are in the process of permitting land to do so. The new truck is finally in to have the utility box installed. It should be completed this week. JM:bmm Datal O:\bridgett\My Documents\Public Works Reports\2003 Reports\WWTF Report 08-29-03.doc • rn irN O o 0 0-1 O CV ON U 0 0 0 (V I W N O O -? N CV M\ %10 N \q Lo 1 U LO u1 O v �J I m Ez m02 in N I ^ i O)co x c(c i I ' A\bertv�I�w, WU 553�t � 497-4211 TtANISACTION DOCUMENT NUMBER TRANSACTION DATE AICT NUMBER PAGE 105 CE�TRAL ���Eh�E E 1�5 CEN�RAL AV�NU� E P.O. 8OX 249 P.O. BOX 249 ST. Ml[HpEL MW 5537�� 3T. MICHAEL MN AR � ` HOUSE x RECEIVED THE ABOVE IN GOOD CONDITION ' �� r SEE BINDING TERMS ON REVERSE M �? (3 "6 Aiddn , SERVICE TEc r.: 3 ® I� Odw ._. PLU., , Chtc3�o t1.;1 I DRi1MBINli 111 SERVICE .. For stlueke please c d (7533) 5" r . FOf iit�es pieam � ) S'11 WW SEWER 6 DR t INDUSTR 1 Ma 1 HNICUW'S NAME r E; { g NNAME CUSTOMER NO. CUSTOMER CLASS RESIDENTIAL C BIU ING ADDRESS APT. NUMBER FEDERAL I.D. # d PUMPING PANTILE CITY 1 , , i ST ) ROVINCE 21p/t�A AL J C) R�PH�N - � , P.O. NUMBERIAUTHcnzlunON JOB ADDRESS OF DIFFERENT THAN BILLING ADDRESS) CITY STATE/PROVINCE 'ZIPIPOSTAL ESTIMATE My eSUrrkate for WORK ORDER AUTHORIZATION 1 authorize Roto-Rooter to perform the described services and I agree to pay the amounts indicated. I understand that Roto-Rooter is not responsible for otm' this work is P In9 broken, settled, rusted, deteriorated, or lead pipes, fixtures, or clean outs and any damage resulting from cleaning or repairing such lines. (PRINT NAME) (SIGNATURE) $ COMPLETI 1 W4 e omplefi low described work which has been done to my complete satisfaction. (SIGNATURE) REPAIR CODE DESCRIPTION OF WORK v otAk ot, l%ice J.� �_.. ww .[s i4 fe.C' .- 1 ( } 11 ro LABOR $ RESIDENTIAL GUARANTEE COMMERCIAL GUARANTEE PAYMENT -*MISC. SUPPLIES $ LABOR LABOR ❑ CASH TRIP CHARGE$ Main0anchlines 06months Main/Branch Lines'' ❑30days Toilet Auger' ❑ 7 days Toilet Auger ❑ 24 hours ❑ CHECK NO. PARTS $ Plumbing Repair ❑6months Plumbing Repair, ❑90days ❑ CREDIT CARD PRODUCTS$ Plumbing ReplacemW ❑ 1 year Plumbing Replacement ❑ 90 days F NET 10 DAYS OTHER $ Extended Guarantee ❑1 year 30 DAYS = LATE CHARGE OF 1 1/2% PER MONTH. In the ewlrlt check is retuned, the COMPANY win dkarge TAX $ ,� S ' REASON FOR NO GUARANTEE the CUSTOMER A $25 00 wacessina fee' INVOICE TOTAL $ mac4'Mist. S pouliees ipcludes items such a .Wear and tear on cables, blades anf tools; fuel Cha es sate dewces and venous Consumable' PLEASE PAY FROM THIS INVOICE t • sms�si .�sss.�aar.�aeit .�:t.�su a a? ESTIMATED YOU SAVE COST TODAY so Won From fix -its to plumbing emergencies,` call the 'experts 'at Roto-Rooter: 1-800=GET-ROTO Check our Web site at www.rotorootO-r.com for discount coupons, helpful hints, fun trivia about plumbing and more! New! Complete your Customer. Survey on-line! Kasper's Plumbing, LLC 15369 55th Street NW --A4nwletd0, MN-55302 (320) 274-3988 BILL TO Alpine Homes, Inc. Jim Krystosek 105 Central Ave. E. PO Box 249 St. Michael, MN 55376 DESCRIPTION INVOICE DATE INVOICE # 06/10/2003 1 711 PROJECT NAME Service 5-2 / 5-5 Ad ''3 53 S. - (3/2/03) Rough in toilet was used as clean out to thaw main sewer line in winter and never properly capped back off Wsewer thawing co. - (6/5/03) Snaked sewer line from house to street. An obstruction was located at 65' - 79 from house. `All faucets turned on for 5 minutes and all appeared fine. - All labor and material for above "Payment due on 6/25/03. Past due amounts will be subject to a service charge. Thank you! Alpine Homes, Inc. Date Draw CbWng_ P.O. NO. TOTAL 265.00 Thank you for your business. Total s265.00 roe 1UYAP PLUMBERi No. 022240 Purcell Plumbing & Heating, Inc. 220 SWKUq Rd., Monticello, MN 55.182 9517 671h Skeet N W, Annandale. MN 55302 Mato Phone 763-295-5445 - Toll Free Non -Mato 1-888434-4077 Larry Purl:914 Master License No 3079M A 2W%Irl TOTAL MATERIALS rUjJ111e FWIIIVU! Inc. Date --A TOTAL LABOR tAr TAX COMP ETE D5CO / &3 --Closing IWORK OR TOTAL AMOUNT $515 1 OC7 Lj No one home LJ total amount due for above work, or Signature I hereby acknowledge the satisfactory completion JWOCC-670-3 of the above described work PRINTED IN U.S.A. U iota, brnmg to b mailed ad after r . FROM : DK PRO GRnD I NG INC FnX HO. : 13209636562 Jun. 22 2003 09:30PM P�-) Dc mo mminG, inc. Ohl 12 " `Yrrret NW Maple Lasko, MN 55358 5IL—u Alpine Homes, Inc. `105 Central Ave. k FO Box 249 5t. Michaol, MN 55376 UA1= INVfII( . # El22/2005 ; 156 DAFE JOD v AbLAIFIION AMOUN- 1 6116/2003 1039 Dig Up 5ewsr Line in the Frorrt Yard 600.00 Hne, Inc. Cd�_— Draw' °taI �600.CX1 Monk You for Your I3us/re851 Hanson Sod & Landscaping Inc. P. O. Box 172 St Michael, MN 55376 office 763-497-3191 mobile 763-286-1554 Bill To Alpine Homes 105 Central Ave E. P.O. Box 249 St. Michael, MN 55376 Invoice Date Invoice # 8/13/2003 1157 P.O. No. Terms Project Due on receipt 1039 add Item Description Est Amt Prior Amt Prior % Qty Rate Curr % Total % Amount sod sod Installed 200.00 100 2.00 100.00% 100.00% 200.00 Subtotal $200.00 Sales Tax (6.5%) $0.00 Total $200.00 Payments/Credits $0.00 Balance Due $200.00 August 27, 2003 Ms. Linda Goeb City of Albertville 5975 Main Ave. N.E. Albertville, MN 55301 Re: Approval of Proposed Pier — Towne Lakes Dear Ms. Goeb: We are proposing to install a pier facility for use by the homeowners association located on Mud Lake adjacent to Outlot E, Towne Lakes in the general vicinity shown on Exhibit G. Pursuant to the development agreement the pier size and configuration needs city council approval prior to installation therefore, we are submitting the enclosed plans for consideration. I will also contact the Minnesota Department of Natural Resources to obtain any applicable permits. I would appreciate if you could place this item on the September 2, 2003 City Council agenda for consideration. Thank you for your consideration in this matter. Sincerely David Hempel Project Manager Encls. 3030 Centre Pointe Dr. Suite 800, Roseville, MN 55113 .4essary to construct (lie home placed on such lot. Said landscaping shall be installed within one year of the occupancy of said home. .•,„ _: W. Developer may install common pier facilities in the approximate locations as shown on Exhibit G, subject to City Council approval ate size and configuration. Developer shall submit detailed plans foraano such piers to the City and Department of Natural Resources, and shall not install said piers without (lie permission of the City and the Department of Natural Resources. Developer shall comply with all State and Federal Rules and Regulations relating to the location and construction of shore recreation facilities including, but not limited to, Piers, watercraft mooring areas, and launching ramps to be within the Development. Owners of numbered lots shall not be permitted to install docks or piers. No more than four boat slips shall be allowed on each common pier facility. No 0 operate, moor, store or otherwise use motorized waterl ll ft flowed to on eit ier Mu a or c ioo a e. The Homeowner's Associatan ion shall not allow the operation o mot Developer or HnmPnluir,—ll' m anv nie�c Y. All homes built in the Development shall be constructed in conformity with the general design guidelines attached as Exhibit H. No home sha be constructed on any lot until the home design, home placement and construction materials to be used have received approval of the Architectural Review Committee to be established by the Homeowners' Association. 2. Construction of Munici al Im rovements. ,A• The Developer shall construct those Municipal Improvements to on and off Said Plat as detailed in die Plans and Specifications located Towne Lakes, as prepared by Westwood Professional Services dated June 11, 2001 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains sanitary and storm sewers, stonn water ponding and site grading, and trails. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2001, with the wear course of bituminous pavement to be installed after May 15, 2002, but before August 15, 2002. 10 �. / as I+ t LAI 1 IN►Easrq rf • L, J t • 003 12:08PM WSI 952-443-2810 P.2 J GALV-A-DOCK TM - Custom -milled, high -strength galvanized framework pipe - Select, clear cedar decks with rounded edges - One-piece, welded steel brackets, hot -dipped galvanized - Built with construction adhesive & ceramic -coated screw - Zinc -plated setscrews coated with anti -seize lubricant - End -grain sealed with wax for longer life - Ten-y6ar written warranty Select materials assure strength, lungavit), and value! 1----1116'-� f 3' I9la 'T*AL Townel-akes Association Quote: 15 A*W* 9k Price Install Bumpers 35.00 N.C. Bench 160.00 30.00 Ladder 160.00 12.00 Canoe Rack 85.00 12.00 Flag Pole 280.00 12.00 GALV-A-DOCK Over a Qtrarier Centunr serving the lakes! SM°�d7f. Serv-a-Dock Highway 5, Victoria, MN (952)443-2811 7/8M 08:51:47 PM 08/20/2003 15:10 7634972068 OAN]beirtville son-M Torun UArm. PAGE 02 AUG z � 1003 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 ALBERMI,LE CITY COUNCIL MEETING Date of Meeting: a Z 1 -.'2 ef 0 3 Name: ori} Lo00 u 5c�► e-s Address: I 0 4 - 4 1 }= Phone Number: -7 G 3 - 4441 ^ `j �o ? To i 8 I %) - 915 z Business to be addressed by City Council: �r►�+: ss: a •, `T p L% 5e, ct a r k ►�+, e. q 1 hn o Jt l w. a. p e r CO WN e Action Requested of Council: ro V 4 L__ __ o f SA 6b S e PP. Signed: Date: g �� CADocumenu and SettingsVhedquist\My Documents\Request to be on CC Agenda.doc %R 08/20/2003 14:17 7634972068 PAGE 01 MODEL HOMES J Section '2200.1 Purpose 2200.2 Procedure 2200.3 Special Requirements 2209-1, Purpose. The purpose of this Section is to provide for the erection of model homes in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment. 2200.2. Procedure. The erection of a model home(s) shall require approval of the Council. 2200.3. Special Requirements. _.� (a) Temporary parking facilities equal to four (4) spaces per model home dwelling unit shall be provided. The overall design, drainage, and surfacing of the temporary parking facility shall be subject to the approval of the City Engineer. (b) Access from a temporary parking facility onto a local, residential street shall be discouraged. Where this requirement is physically impracticable, access shall be directed away from residential neighborhoods to the greatest extent possible. (c) No model home shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in Section 1000.10 of this Chapter. (d) All model home signage shall comply with the sign regulations as contained in the provisions of this Chapter relating to signs. (e) All criteria for conditional use consideration but not procedural requirements as contained in Section 400.2 of this Chapter shall be considered and satisfactorily met. City ofAlberlville Zoning Ordinance 2200-1 CITY OF ALBERTVILLE AGREEMENT TO ALLOW THE INSTALLATION OF MUNICIPAL IMPROVEMENTS THIS AGREEMENT, entered into this day of , 2003 by and between Woodside Karston Cove, LLC, a Minnesota Limited Liability Corporation, referred to herein as "Developer"; and the City of Albertville, County of Wright, State of Minnesota, hereinafter referred to as "City"; WHEREAS, Developer seeks to install certain public improvements at Developer's expense on that property to be known as Karston Cove Third Addition (hereafter, "Subject Property;" a description of said property is attached as Exhibit A), said improvements to include bituminous street, curb and gutter, grading, drainage, sanitary sewer, water and storm sewer (hereafter "Municipal Improvements") prior to final plat approval; and WHEREAS, the City is willing to allow the installation of said Municipal Improvements prior to final plat approval, provided Developer complies with the conditions of this Agreement. 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 be allowed to construct those Municipal Improvements located on and off Subject Property as detailed in the Plans and Specifications for Karston Cove Third Addition, as prepared by Westwood Professional Services, Inc. dated August 15, 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. B. The City shall, at its option, have the City Engineer present on Subject Property 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 1 during said inspections. 2. Security. To guarantee compliance with the terms of this permit and to reimburse the City for any damage to public property as a result of the installation of said Municipal Improvements permitted herein, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") in the amount of $100,000. The bank and form of the letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall be for a term ending not earlier than one year from the date of this agreement, and shall be renewed annually by the Developer until all Municipal Improvements are completed or until a substitute security acceptable to the City is provided to the City. The City reserves the right to draw on the letter of credit anytime within 45 days of its expiration if the Developer does not provide the City with a renewal or an acceptable substitute letter of credit. The City may draw on said letter of credit or surety to remedy any violation of this Agreement, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, or to otherwise fulfill the obligations of Developer under this agreement. Developer agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. 3. 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, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Subject Property, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Subject Property to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Subject Property and to facilitate mowing of Subject Property. In the event that said costs are not paid, the City may specially assess such 2 costs against the lots within Subject Property 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. 4. 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, 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 Subject Property. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 5. Erosion and Siltation Control. Before any work 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 shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 6. Drainaee Requirements. Developer 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. 7. 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, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Subject Property. 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 Subject Property. 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 3 of construction activity on Subject Property 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 Subject Property 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 Subject Property 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. 8. Temporary Easement Rights. Developer 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. 9. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. 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. D. Developer understands and agrees that installation of said Municipal Improvements shall be at Developer's risk, and that the City may, for reasons otherwise permissible under the law, deny final plat approval for Karston 4 Cove Third Addition, in which case Developer shall have no recourse against the City for any costs Developer incurred in installing said Municipal Improvements prior to final plat approval. This agreement shall in no way constitute a guarantee of approval of Karston Cove Third Addition plat in a configuration which conforms to the Municipal Improvements which Developer chooses to install under this agreement. E. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer 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 an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. F. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville and/or any applicable provisions of State and Federal law. 10. Violation of Agreement. A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the Subject Property and/or bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of or withholding of final plat approval on Karston Cove Third 5 Addition plat. 11. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Subject Property approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 12. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 13. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 14. 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. 15. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 0 .TZ Woodside Karston Cove, LLC c/o Don Jensen 13736 N.E. Johnson Street Ham Lake, MN 55304 Telephone:(763) 772-1012 16. Agreement Effect. This Agreement shall 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 WOODSIDE KARSTON COVE, LLC Don Jensen Its Vice -President 7 EXHIBIT A The Real Property subject to the Agreement to Allow Installation of Municipal Improvements is legally described as follows: Outlot A All said property in Karston Cove plat, City of Albertville, County of Wright, Minnesota. 8 0 CD ra � vd n a CD 5 o .< o n C N C CD p Ci W — - CD m CD v; cm y O CO d CT d W as - - a3 r c m 0 o `< D a O 4.9 rn DAl _ -4 O A - m o N CD � CD � — C] 1 W �< CD w o a CD c no.4 C cc N - CCD Z -1 m m co o D 3 D o, o p r — - O M :e Z m N� F=O r D w� t0 m�D n — - o � c < n o n CD D W p CD o — - `Q 5 co CD CD Q) Cn N ,,,,� _O c ? O 0 O 0 CDW v C ? ^ CD — — Cr CD CD n �O CD O d m < x w" CD n Ca. o — - d m n .� N O co x w D N Sr Er CD CD 0 CD D n Q c CD M O T c M CD x W — - Q CD CD O O M c a N CD N m D CD Cfl O a N L1 3 CD o A — - < N CCDD CD C r No 3 DA to o CD x a co CD c O d C] CD a v CD Cn D r- CD CD nm < CD p" a u m < CCDD o a 9 C a 3 tr m 1 +i Q 'I Q)),) 50`h STREET TRAIL/SIDEWALK AGREEMENT THIS AGREEMENT is entered into this day of _ between the City of St. Michael, hereinafter referred to as "St Albertville, hereinafter referred to as "Albertville." 2003, by and Michael" and the City of WHEREAS: The St. Michael — Albertville (STMA) School district asked both Cities to construct a trail/sidewalk system along 501h Street NE to connect from the STMA High School Campus in Albertville to the STMA Middle School Campus in St. Michael; and WHEREAS: 50`h 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 501h Street is most feasible on the north side of 50`h 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 501h Street, NOW, THEREFORE, the parties hereto agree as follows: 1. 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 50`1' 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 50`h Street N.E. The 501h 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. Plan Adoption and Amendment. The 50`h 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 501h 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 50`h 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 Implementation and Maintenance. Following 501h Street N.E. Trail/Sidewalk Plan review and adoption by the Cities of Albertville and St. Michael, the City of Albertville shall arrange for and administer the implementation of the 50`h 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 project shall be 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 50% of all project construction and engineering costs within 30 days of invoicing by Albertville. Any member of the Cities of Albertville and St. Michael m2 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 501h 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 (50%/501/o) 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 Inspection. 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 Nvithin 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 N 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 may hold, 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 50th 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 501h 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 501h 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: Approved by the City Council City of Albertville 2003 By: f \Engineering:\Projects:`•50i°StreetTraiI\50thStreetTraiI agreementw-AlbertviIle 40 1 2 A-m Nam--- f'°4-- b Q--- ILI N c�� b -.' "r --� C6 N� 600 5� C" 0� g;y- okx) S oocs- �- Ply'►' -ta -4-6 -tL *2 5, coif Cwe- Fig -AMA (!��) F _W� t, I a V;, moth s '°