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2003-11-03 CC PacketALBERTVILLE CITY COUNCIL AGENDA November 3, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) October 20, 2003, City Council Meeting (p. 1-4) 3. CITIZEN FORUM - (lo Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 18793—18842) (p. 5-10) (b) Approve LMCIT Insurance Quotation (p. 12-17) (c) Accept withdrawal of Alpine Home's request for payment (p. 18) (d) Approve Law Enforcement Contract with Wright County Sheriff's Department from January 1, 2004 to December 31, 2005 (p. 19-23) 5. SPECIAL ORDER Assessment Hearing — Spectators Grille & Bar SAC Fees • RESOLUTION #2003-33 (Resolution Adopting Assessment for SAC Fees) (p. 24-25) 6. DEPARTMENT BUSINESS a. Fire Department • None b. Public Works • None c. Planning & Zoning 63 (1) Shoppes at Towne Lake (p. 26 -77) • Preliminary Plat • Planned Unit Development • Conditional Use Permit • Site & Building Plan Review (a) Minnesota Lighting & Fireplace (b) Hotel and Future Restaurant Site j1 (2) Towne Lakes 4t" Addition (p. 78-too) City Council Agenda November 3, 2003 Page 2 of 2 • Final Plat (3) Zoning Ordinance Amendments (p.101-165) • Ordinance 2003-23 (Definitions) • Ordinance 2003-24 (Shopping Centers) • Ordinance 2003-25 (Pole Building) • Ordinance 2003-26 (Trash Enclosures • Ordinance 2003-27 (Lighting) TW'�d*-fa • Ordinance 2003-28 (Building Type and Construction) • Ordinance 2003-29 (Parking) • Ordinance 2003-30 (B-1) • Ordinance 2003-31 (B-2) • Ordinance 2003-32 (B-2A) • Ordinance 2003-33 (B-3) • Ordinance 2003-34 (B-4) • Ordinance 2003-35 (B-W) • Ordinance 2003-36 (Shoreland Overlay District) d. Engineering • None 7' ` e. Legal (1) Contract for Private Development By and Between City of Albertville, MN and Donald G. Barthel and Betty L. Barthel (p. 166 -195) f. Administration (1) Rent offer for ag land from Brian Beaudry (p. 196) (2) Business Sign Proposal from Franklin Outdoor Advertising (p. 197-198) (3) Approve contract for employment with Larry Kruse (p. 199-203) • Resolution #2003-34 (A Resolution of the City of Albertville Confirming the Appointment of Larry R. Kruse as City Administrator and Adopting an Emp- loyment Agreement and Providing an Effective Date thereof) (01, sd 7. ADJOURNMENT ALBERTVILLE CITY. COUNCIL October 20, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Beming, Ron Klecker, Tom Fay, and 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 5b(3) - Alpine Homes request for reimbursement • Add Item 5f(2) — Set date for final interview for administrator position • Remove Item 4(d) • Add Item 5d(7) — Trails • Add Item 5d(8) - Otsego Creek • Add Item 5(f(3) - Praught Property Klecker made a motion to approve the agenda as amended. Fay seconded the motion. All voted aye. The minutes of the October 6, 2003, minutes were amended on Page 2, Paragraph 6 to read "along the bike path on CSAH 19". Beming made a motion to approve the minutes of the October 6, 2003, regular meeting as amended. Klecker seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. Ray Anderson built new house last spring on Main Avenue. He explained that he seeded his yard, rather than sodding, as is required by the City ordinance, and he has no underground sprinkler system. In order to complete his driveway, he needs to have his landscaping escrow released. Public Works Supervisor inspected the yard and found that ground cover has not been totally established and did not approve the request for a release of funds. The Council supported the decision to hold the escrow until the lawn is fully established. Ken Heuring inquired as to the process to for rezoning his property to commercial. City Administrator Goeb explained the process. He also had concerns with a driveway into the Albert Villas development and a proposed walkway along his property. Pete will review the areas of concern and report back to the Council. Councilmember Fay asked that Check #'s 18754 and- 18780 be removed from the Consent Agenda. Fay made a motion to approve the Consent Agenda as follows: • Approve payment of claims • Approve request for release of the Letter of Credit for Psyk's 8th Addition • Approve application for On Sale/Sunday Liquor License for Spectator's Grille & Bar at 5651 LaCentre Avenue NE 1 Albertville City Council Minutes October 20, 2003 Page 2 of 4 Klecker seconded the motion. All voted aye. Public Works Supervisor Tim Guimont reported that a homeowner caused damaged to the trail in his yard by hauling in sand and gravel over the trail. He initially agreed to pay for the damages done, but the City has sent him a letter requesting that the trail be repaired and the homeowner has not responded. Tim has gotten an estimate of $650 for completion of the work from Omann Brothers. Tim was asked to check to see if the work could be piggy -backed onto a driveway project in the area. City Engineer Peter Carlson told the Council that the ditch behind Coborn's will be cleaned out by the developer yet this fall. WWTF Operator John Middendorf updated the Council on the sludge removal project. Approximately one-half of the total sludge will be removed and land -applied to 100 acres in the City of St. Michael by the end of October Jim Krystosek of Alpine Homes appeared to discuss the question of financial responsibility on the sanitary sewer repairs on 53rd Street in Heuring Meadows. The main sewer line plugged up with gravel and rocks and eventually plugged up into the house. Alpine called in Roto Rooter, who found a depression in the line right before the curb. The line was dug out and "water" came out of house immediately. Later John Middendorf called in Infratech to televise the rest of the line and found gravel and rocks in the pipe. City Engineer Peter Carlson explained that no gravel had yet been hauled onto the site when the pipe was installed. Pete believes the gravel was introduced after the utilities were installed. The only way that could happen would be if the plumber allowed sand and gravel to enter the pipe when he installed the service line. City Attorney Couri recommended that the Council make a claim against the developer for the costs of repair. City Engineer Pete Carlson reviewed the grading plans for the Albert Villas and Primary School Parks. Carlson can have the Primary School soccer field graded for a 75 X 110 yard field. Dennis Fehn Gravel and Excavating has provided the low quote for grading the Primary School filed of $45,116.60. Peterson made a motion to accept the low bid from Fehn Excavating in the amount of $45,116.60. Beming seconded the motion. All voted aye. Matt Bullock Construction provided the lowest bid on the grading at the Albert Villas Park in the amount of $33,372.00. Carlson will attempt to get soccer field wider that the 65 yards shown on the grading plan if it is possible, up to 75 yards wide. Fay made a motion to accept the bid from Matt Bullock Construction in the amount of $33,372.00 for the grading of Albert Villas Park. Klecker seconded the motion. All voted aye. Carlson reported that he is working with the railroad to have the ditch cleaned along the tracks. They have agreed to come out and clean out the ditch if an agreement can be reached with the City. One culvert is plugged and could be cleaned out as a temporary improvement to alleviate early spring drainage problems. Infratech has a Jet Vac that could be used to cleanout this culvert now at an estimated cost of $5,000. Klecker made a motion to proceed to have the 4 Albertville City Council Minutes October 20, 2003 Page 3 of 4 culvert cleaned out by Infratech at a cost of $5,000. Peterson seconded the motion. All voted aye. Carlson presented the preliminary assessment roll for the Northwest Commercial Park Project. The assessments on unplatted properties will be deferred until the property develops. Klecker made a motion to approve preliminary assessment roll. Berning seconded the motion, All voted aye. Carlson reported on the rear yard drainage problems at 6325-6379 Kahler Drive NE. The cost of regarding the area is $6,000. Carlson also reported that he has researched extending the trail along CSAH 37 to Kahler Drive and solve the drainage problems as well. The cost of the option to build trail and alleviate the drainage problems is approximately $47,000. The Council directed the engineer to research extending the trail from CSAH 37 all the way to CSAH 19. The project could be completed in the spring of 2004. Kuechle Underground has provided the low bid of $49,983 to install Storm Sewer Improvements along 60`h Street by the Savitski lift station and Sunrise Plumbing. The improvement project should alleviate the flooding that occurs on CSAH 37. Berning made a motion to approve the project at a cost of $49,983. Fay seconded the motion. All voted aye. Kuechle Underground also provided a bid in the amount of $13,734 to add catch basins on either side of Main Avenue NE to alleviate some of the flooding problems there. The bid also includes sidewalk repairs and replacement of the 4" drain pipe. Klecker made a motion to approve the catch basin project at a cost of $13,734. Fay seconded the motion. All voted aye. Carlson has met with Tom Finken to discuss an easement across his property for the installation of a trail. Since Finken has purchased the property under a Contract for Deed, Bob Heuring is still the owner. He is willing to give the easement but he is concerned about being taxed as residential or industrial. Pete is continuing to work out the issue for Heuring. The trail will likely have to be gravel this fall and will not be paved until the property is developed. Carlson also reported that the trail by the Cedar Creek Townhouses should be paved yet this fall and the sidewalk along 641h Street will be installed when the street is constructed. Councilmember Klecker reported the Otsego Creek Authority has met. The City of Otsego feels a good share of the problems will be taken care as the developers complete their work on the developments in Otsego. Berning made a motion to adopt ORDINANCE #2003-21 titled AN ORDINANCE PROHIBITING CONSUMPTION OF ALCOHOL ON DESIGNATED CITY PROPERTY. Fay seconded the motion. All voted aye. Klecker made a motion to adopt ORDINANCE #2003-22 titled AN ORDINANCE AMENDING ORDINANCE NO. 1993-16 TO ADD A PROVISION REGULATING THE 3 Albertville City Council Minutes October 20, 2003 Page 4 of 4 SALE OF INTOXICATING LIQUOR OUTDOORS. Berning seconded the motion. All voted aye. The Council changed the meeting date with the Fire Department from Tuesday, November 4th, to Wednesday, November 5ch at 6:00 PM. The Council set a special meeting for the purpose of conducting final interviews for the position of city administrator on Tuesday, October 28`h, starting at 5:00 PM. The administrator was directed to place an ad for the relocation of the former Beatrice Praught house. The Council further agreed to allow the Fire Department to use the former Steve Praught house for training purposes. Fay made a motion to approve Check #'s 18754 and 18780. Berning seconded the motion. All voted aye. Berning made a motion to adjourn at 9:20 PM. Fay seconded the motion. All voted aye. Don Peterson, Mayor Linda Goeb, City Administrator 4 lbertville Smdl Town Living. Big City Urs, CITY OF ALBERTVILLE *Check Detail Register© November 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 018793� 11/3//2003 ACTION RADIO &COMMUNICATIONS E 101-42000-404 Repair/Maint - Machinery/Equip $30.00 27042 Repair Radio Total ACTION RADIO & COMMUNICATIONS $30.00 10/29/03 4:00 PM Page 1 ,1 —1 1 11 e _,11 _. n 1,1 _.. 1 .----- ""I'-"' .. ". _ _.... _ ,..... . - ......". _ ...... . 1... .. _ Paid Chk# 018794 11/3/2003 AFLAC G 101-21710 Other Deducations $54.60 512046 AFLAC Insurance Prem G 101-21710 Other Deducations $54.60 512046 AFLAC Insurance Prem Total AFLAC $109.20 Paid Chk# �018795 y11/3/2003'- �ALBERTVILLE QUEEN COMMITTEE E 101-45000-598 Pledges & Contributions $500.00 2002-2003 Dnti 2002 Donations from the Lions E 101-45000-598 Pledges & Contributions $705.00 2002-2003 Dnti 2003 Donations from the Lions Total ALBERTVILLE QUEEN COMMITTEE $1,205.00 Paid Chk# 018796� � 11/3%2003� ALPINE HOMES G 101-22800 Landscaping Escrow $2,750.00 93423 5406 Kalland Avenue Total ALPINE HOMES $2,750.00 Paid Chk# 018797 11/3/2003 BUFFALO BITUMINOUS INC. E 448-49000-310 Other Professional Services $205,187.66 03 Pay No.5 2003 CSAH 19 Upgrade Total BUFFALO BITUMINOUS INC. $205,187.66 Paid Chk# 018798 11/3/2003 CENTER POINT ENERGY E 101-41940-383 Gas Utilities $48.87 102003-33 Gas Utilities-bulding E 601-49450-383 Gas Utilities $34.66 102003-33 Gas Utilities -Sewage Plant Total CENTER POINT ENERGY $83.53 Paid Chk# 01879911/3%2003 CHRISTIAN BUILDERS G 101-22800 Landscaping Escrow $2,750.00 420593 11475 - 53rd Street Total CHRISTIAN BUILDERS $2,750.00 Paid Chk#'018800 11/3/2003 DELTA DENTAIm E 602-49400-130 Employer Paid Ins (GENERAL) $54.50 10182003 Dental Ins - Water E 101-45100-130 Employer Paid Ins (GENERAL) $81.75 10182003 Dental Ins - Parks/Parks E 101-43100-130 Employer Paid Ins (GENERAL) $81.75 10182003 Dental Ins - PW/PW E 101-42400-130 Employer Paid Ins (GENERAL) $54.50 10182003 Dental Ins - Bldg Inspec E 101-42400-130 Employer Paid Ins (GENERAL) $54.50 10182003 Dental Ins - Bldg Inspec E 101-41400-131 Employer Paid Health $109.00 10182003 Dental Ins - Office E 601-49450-130 Employer Paid Ins (GENERAL) $54.50 10182003 Dental Ins - WWTF E 101-41300-131 Employer Paid Health $54.50 10182003 Dental Ins - Admin Total DELTA DENTAL $545.00 Paid Chk# 018801 11/3%2003EARL F. ANDERSON, INC. E 101-45100-589 C/O - Park/Trail Construction $17,089.00 0055767-IN Park Construction Equipment Total EARL F. ANDERSON, INC. $17,089.00 Paid Chk# 018802 11/3/2003 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $806.95 16200 Repair Engine #6 Total EMERGENCY APPARATUS MNTC $806.95 Paid Chk# 018803 11/3/2003 EULL, JOEL R. E 101-43100-410 Rentals (GENERAL) $1,000.00 2003-10 October Monthly Rent Total EULL, JOEL R. $1,000.00 Paid Chk# 018804 11/3/2003 FEDERATED CO-OPS, INC. E 101-45100-530 Improvements Other Than Bldgs $120.00 F10958 fertilizer E 101-45100-530 Improvements Other Than Bldgs $144.84 F11063 Grass seed -ballfields 5 ,lbertville Smoll Town Uving. gig City Ufs. CITY OF ALBERTVILLE `Check Detail Register© November 2003 Check Amt Invoice Comment Total FEDERATED CO-OPS, INC. $264.84 Paid Chk# 018805 _ 11/3/2003 FRANCIS PROPERTIES " G 101-22800 Landscaping Escrow _$3,000.00_ 093403 10322 - 49th Street Total FRANCIS PROPERTIES $3,000.00 Paid Chk# 018806 11/3/2003 GOULD BROTHERS 10/29/03 4:00 PM Page 2 E 601-49450-404 Repair/Maint - Machinery/Equip $236.92_ CVCS148384 Repair Brakes - 2000 GMC Total GOULD BROTHERS $236.92 Paid Chk# 018807 11/3/2003 GREENLINE LAWN SERVICES E 465-49000-310 Other Professional Services $435.07 1250 Repair- from widen CSAH 19 E 465-49000-310 Other Professional Services $375.22 1251 Repair - sprinkler/lawns E 465-49000-310 Other Professional Services $2,085.28 1252 Repair - widening CSAH 19 Total GREENLINE LAWN SERVICES $2,895.57 Paid Chk# �018808�11/312003 HAWKINS CHEMICAL, INC. E 601-49450-216 Chemicals -Alum, 564729 Aluminum Sulfate _$2,029_._62_ Total HAWKINS CHEMICAL, INC. $2,029.62 Paid Chk# 018809 11/3/2003 � HENRY 8 ASSOCIATES E 602-49400-407 R/M - Water Mains $490.13 7909 Water main Repairs _ Total HENRY & ASSOCIATES $490.13 Paid Chk# 018810 11/3/2003 HOGLUND BUS COMPANY E 101-42000-404 Repair/Maint - Machinery/Equip $167.48 54627 Repair Equipment Total HOGLUND BUS COMPANY $167.48 Paid Chk# 018811 11%3/2003 IMHOLTE CONCRETE CONSTRUCTION R 101-34780 Park Fees $2,385.00 102003 Oakside Gazebo Total IMHOLTE CONCRETE CONSTRUCTION $2 385 00 Paid Chk# 018812 JOHN DEERS COMPANY E 101-45100-530 Improvements Other Than Bldgs $89.95 04657174 Parts for sprinklers T t I JOHN DEERS COMPA N Y 0. $8g.g5 Paid Chk# '018813 _ 11/3/2003 KERN, DEWENTER, &, VIERE, LTD E 101-41400-301 Auditing and Acct'g Services $3,820.00 38284 Final billing - Audit Financia Total KERN, DEWENTER, & VIERE, LTD $3,820.00 Paid Chk# 018814 11/3%2003 KEYLAND HOMES G 101-22800 Landscaping Escrow $3,000.00 420496 5472 Kahl Avenue NE G 101-22800 Landscaping Escrow $3.000.00 93422 5043 Kahler Court NE Total KEYLAND HOMES $6,000.00 Paid Chk# 018815 11/3%2003 KNEISZLER CONSTRUCTION G 101-22800 Landscaping Escrow $3,000.00 093410 10439 - 52nd Street NE Total KNEISZLER CONSTRUCTION $3,000.00 Paid Chk# 018816 11/3/2003 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $296.78 1517657-001 Multiple Legal Notices Total LARSON PUBLICATIONS $296.78 Paid `Chk#'018817 - 11/3/2003 M M HOMES G 101-22800 Landscaping Escrow $3,000,00 420580 5056 Kahl Avenue NE G 101-22800 Landscaping Escrow $3,000.00 420597-A 5035 Kahler Court NE Total M M HOMES $6,000.00 Paid Chk# 018818 11/3l2003 MEDICA 6 lb�rtvi))� Smell Taw. Wing. 01 C Uf.. 9 9 �V CITY OF ALBERTVILLE *Check Detail Register© November 2003 10/29/03 4:00 PM Page 3 Check Amt Invoice Comment E 101-43100-130 Employer Paid Ins (GENERAL) $1,554.79 103305115311 Medical Ins - PW/PW E 101-41400-131 Employer Paid Health $2,073.05 103305115311 Medical Ins -Office Staff E 101-45100-130 Employer Paid Ins (GENERAL) $1,554.78 103305115311 Medical Ins - Parks/Parks E 101-42400-130 Employer Paid Ins (GENERAL) $1,036.53 103305115311 Medical Ins -Bldg Inspec E 101-41300-131 Employer Paid Health $1,036.53 103305115311 Medical Ins -Administrator E 101-42400-130 Employer Paid Ins (GENERAL) $1,036.52 103305115311 Medical Ins -Bldg Secty E 602-49400-130 Employer Paid Ins (GENERAL) $1,036.52 103305115311 Medical Ins - Water E 601-49450-130 Employer Paid Ins (GENERAL) $1,036.53 103305115311 Medical Ins-WWTF Total MEDICA $10,365.25 w .N �.... p _ F ' Paid Chk# 018819 � 11/3%2003 MENARDS __' _ _, _.._.. e._ o- ..... _ ­1_ .. .. _-�. I ", ..._ 1 - . ,1.. _ . __. F I R 101-34780 Park Fees $997.89 10639 Oakside Park - gazebo R 101-34780 Park Fees $305,53 10648 Oakside Park - upgrade R 101-34780 Park Fees $4,260.24 5804 Winter Park R 101-34780 Park Fees $822.32 9977 Oakside Park - upgrade Total MENARDS $6.385.98 Paid Chk# 01t3820-�� 11/3/2003 MIDIINEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses Total MIDWEST ANALYTICAL SERVICES Paid Chk# 018821 1113/2003 MIDWEST LANDSCAPES $134.00 317989 Testing Expense (CBOD-5) $134.00 R 101-34780 Park Fees _ $719.94 10863 Trees for parks Total MIDWEST LANDSCAPES $719.94 _&.. _".. . ii 6 3"_"»,� . �. �........ ' .., . .,....-._ _ - ...� .. a . �n... -..- Pald Chk# 018822 11/3/2003 MONTICELLO, CITY OF E 101-42700-309 Animal Control Contract Total MONTICELLO, CITY OF $232.00 7429 Animal Control Service $232.00 Paid Chk# '018823 '11/3/2003 M11 UNICIPAL 11, EMERGENCY SERVICES E 101-42000-200 Office Supplies (GENERAL) Total MUNICIPAL EMERGENCY SERVICES $504.49 174791 General Training Supplies $504.49 Paid Chk# 018824 11/3/2003 NCPERS GROUP LIFE INSURANCE G 101-21710 Other Deducations Total NCPERS GROUP LIFE INSURANCE Paid Chk# 018825 11/3/2003 NEWMAN TRAFFIC SIGNS E 101-43100-226 Sign Repair Materials Total NEWMAN TRAFFIC SIGNS Paid Chk#' 018826 11/3/2003 NEXTEL COMMUNICATIONS E 101-41400-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 602-49400-323 Nextel Radio Units E 101-42000-321 Telephone E 101-42400-321 Telephone E 101-41400-323 Nextel Radio Units E 601-49450-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-42400-321 Telephone Total NEXTEL COMMUNICATIONS $16.00 112003 NCPERS Insurance Prem $ 6.00 $367.00 T10113146 Sign repair parts $367.00 $44.14 718183318-02 Two-way Cell -Office Staff $44.14 718183318-02 Two-way Cell -Office Staff $22.07 718183318-02 Two-way Cell - Parks Dept $79.14 718183318-02 Two-way Cell - T.Guimont $44.14 718183318-02 Two-way Cell - PW Dept $50.02 718183318-02 Two-way Cell - Water Dept $44.14 718183318-02 Two-way Cell -Fire Dept. $46.57 718183318-02 Two-way Cell - Bldg Dept. $44.14 718183318-02 Two-way Cell-Eng Inspec $44.14 718183318-02 Two-way Cell - Sewage Plant $22.07 718183318-02 Two-way Cell - PW Dept $44.14 718183318-02 Two-way Cell -Office Staff $44.14 718183318-02 Two-way Cell - Bldg Dept. $572.99 Paid Chk# 018827 11/3/2003 NORTHERN TOOL & EQUIPMENT E 601-49450-404 Repair/Maint - Machinery/Equip $32.93 08851846 Repair / maintenance 1bertvilje SmOR Town UWng. Big City We. CITY OF ALBERTVILLE *Check Detail Register© November 2003 10/29/03 4:00 PM Page 4 Check Amt Invoice Comment Total NORTHERN TOOL & EQUIPMENT $32.93 aid Chk# 018828 11/3/2003 OFFICE MAX '" ' "`" E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-42400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) Total OFFICE MAX $425.88 110903 General Office supplies $37.00 110903 General Service Chg $50.00 110903 BD General Supplies $57.46 110903 General Supplies $135.31 110903 General Office Supplies $159.74 19546172,1262 Publisher Upgrade $865.39 �...., Paid Chk# 018829 " 11/3/2003 OMANN SHINGLE RECYCLING R 101-34780 Park Fees $43.13 241 Crushed asphalt con -bit Total OMANN SHINGLE RECYCLING $43.13 Paid Chk#018830�� 11/3/2003 PARAMOUNT HOMES G 101-22800 Landscaping Escrow _ $3,000.00 93409 10242 -49th Street Total PARAMOUNT HOMES $3,000.00 Paid Chk# 018831 "-�"11/3/2003 - PITNEY BOWES E 101-41400-413 Office Equipment Rental _ $102_00 0787150-OT03 Postage Machine Rental Total PITNEY BOWES $102.00 Paid Chk# 018832 11l3�2003 PREMIER 94 TRUCK SERVICES _e.� "" E 101-43100-404 Repair/Maint - Machinery/Equip $1,001.08 0058876-In General Inspection Maint E 101-43100-404 Repair/Maint - Machinery/Equip $65.00 0059046-IN General Maint-Inspection E 101-43100-404 Repair/Maint - Machinery/Equip $86.63 0059308-IN General Maint - Equp Total PREMIER 94 TRUCK SERVICES $1,152.71 Paid Chk# 018833-" ­ 11/3/2003 S-11 . E. H. E 101-41700-303 Engineering Fees E 101-49300-660 Capital Projects Reserve E 101-41700-303 Engineering Fees E 101-43100-223 Seal Coating E 453-49000-303 Engineering Fees E 101-43100-224 Street Overlayment E 467-49000-303 Engineering Fees E 468-49000-303 Engineering Fees E 604-49960-300 Professional Srvs (GENERAL) E 456-49000-303 Engineering Fees E 452-49000-303 Engineering Fees E 456-49000-303 Engineering Fees E 465-49000-303 Engineering Fees E 469-49000-303 Engineering Fees E 438-49000-303 Engineering Fees E 450-49000-303 Engineering Fees R 101-32210 Building Permits E 450-49000-303 Engineering Fees E 450-49000-303 Engineering Fees E 466-49000-303 Engineering Fees E 443-49000-303 Engineering Fees E 101-41700-303 Engineering Fees E 462-49000-303 Engineering Fees E 438-49000-303 Engineering Fees Total S. E. H. $9,037.33 105821 $11,818.68 105823 $4,859.30 105824 $170.59 105825 $15,203.62 105826 $1,212.40 105827 $2,439.47 105828 $17,360.57 105829 $3,038.04 105830 $962.59 105831 $572.40 105832 $114.64 105833 $16,861.63 105834 $1,204.13 105835 $414.51 105836 $6,533.67 105837 $3,000.00 105838 $1,620.04 105839 $2,327.78 105840 $13,107.59 105853 $1,162.85 105871 $1,840.63 105872 $34.97 106219 $16.69 106220 $114,914.12 Albertville Primary School Flood Analysis General Services Seal Coat Improvements Koliville 3rd Add 2003 Street Overlay 1-94 / 37 Traffic Light CSAH 19 RAMPS Storm Water Hydro Study TL Phase III Outlets Phase III Towne Lakes 2nd CSAH 19 Upgrade NE Wright County Transp Cedar Creek So 5th AV 6th Lot Surveys AV 4th AV 3rd PW Facility - Expansion Karston Cove 3rd School Pedestrian/Bike Trail 2002 Albertville Crossing CC So. 7th Paid k# Ch018834 11/3/2003 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $55.65 340467 Security - Fire Hall 8 A\lbertville Smdl Town Uviny. N9 City Ufa. CITY OF ALBERTVILLE *Check Detail Register© November 2003 Check Amt Invoice Comment Total SENTRY SYSTEMS, INC. $55.65 Paid Chk# 018835 11/3/2003 SHINGOBEE BUILDERS � � E 602-49400-250 Meters for Resale $345.00 48593911 refund - meters E 602-49400-250 Meters for Resale $345.00 48813233 refund - meters Total SHINGOBEE BUILDERS $690.00 Paid Chk# 018836 11/3/2003 SIMONSON LUMBER COMPANY E 101-45100-530 Improvements Other Than Bldgs _ $3.73 004-530545 couplings Total SIMONSON LUMBER COMPANY $3.73 10/29/03 4:00 PM Page 5 ti ...� _`SPRINTf-__' .. ' �y __.r.......... Paid Chk# 018837 11/3/2003 MO E 101-42400-321 E 601-49450-321 E 101-42400-321 E 101-45100-321 E 101-41940-321 E 101-41940-321 E 101-41940-321 E 101-43100-321 E 101-43100-321 E 101-42000-321 E 101-41940-321 E 101-42000-321 E 101-42400-321 E 101-42400-321 E 101-41940-321 E 101-41940-321 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 Total SPRINT- MO $106.33 October 2003 $27.36 October 2003 $51.29 October 2003 ($30.45) October 2003 $28.70 October 2003 $31.34 October 2003 $31.34 October 2003 $31.34 October 2003 $31.34 October 2003 $33.20 October 2003 $190.22 October 2003 $42.15 October 2003 $111.33 October 2003 $51.29 October 2003 $51.29 October 2003 $51.29 October 2003 $52.24 October 2003 $52.97 October 2003 $58.24 October 2003 $245.52 October 2003 _$3_6.95 October 2003 $1,285.28 Phone - Bldg Dept Phone - Sewer Plant Phone - Bldg Dept Phone - Parks Dept Phone - CH private line Phone - CH Fax line Phone - CH Internet Sery Phone - PW Garage main Phone - Sewer/Water fax Phone - Fire Dept fax Phone - CH main line Phone - Fire Dept line Phone - Bldg Dept. Phone - Bldg Dept Phone - CH 2nd line Phone - CH 4th line Phone - CH 3rd line Phone - other charges Phone - Bldg Dept Phone - tax/surcharges Phone - long distance Paid Chk#" 018838�' " 11l3%2003 TRI-CO TREE MOVERS ,>. E 101-41940-399 Miscellaneous _ $375.00 132391 Removal of 3 Trees Total TRI-CO TREE MOVERS $375.00 Paid Chk#x018839 11/3/2003 '* VERIZON E 101-42000-321 Telephone $14.63 3513350568 Additional Wireless Phone Total VERIZON $14.63 Paid Chk# 018840 11/3/2003 WILLENBRING COMPANIES, INC. G 101-22800 Landscaping Escrow _ $3,000.00 420538 10537 - 51 st Street NE Total WILLENBRING COMPANIES, INC. $3,000.00 Paid Chk#'018841 11/3%2003 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities $51.49 Street Lighting - 58-59-60 St. E 601-49450-381 Electric Utilities $64.85 Electric -Towne Lakes -Lift Stat E 601-49450-381 Electric Utilities $131.84 Electric -Towne Lakes lighting Total WRIGHT-HENNEPIN COOPERATIVE $248.18 Paid Chk# 016842, . 11/3/2003 ­ZACHMAN, CHARLENE G 101-22800 Landscaping Escrow $2,500.00 093411 Escrow - Sod and 1 Tree Total ZACHMAN, CHARLENE $2,500.00 10100 Premier Bank $409,813.03 0 1bertvilj- Small Torun LM q. elg city uts. CITY OF ALBERTVILLE *Check Detail Register© November 2003 Check Amt Invoice Comment Fund Summary 10100 Premier Bank 101 GENERAL FUND $112,606.09 438 CEDAR CREEK N & S $431.20 443 KARSTON COVE $1,162.85 448 CSAH 19 IMPROVEMENT $205,187.66 450 ALBERT VILLAS $10,481.49 452 TRAFFIC LIGHT $572.40 453 KOLLEVILLE ESTATES $15,203.62 456 TOWNE LAKES $1,077.23 462 COBURN'S $34.97 465 2003 CSAH 19 WIDENING $19,757.20 466 PUBLIC WORKS FACILITY $13,107.59 467 1-94 / CR37 TRAFFIC LIGHT $2,439.47 468 CSAH 19 RAMPS $17,360.57 469 WRIGHT CTY TRANSPORTATION $1,204.13 601 SEWER FUND $3,827.35 602 WATER FUND $2,321.17 604 STORM WATER $3,038.04 $409,813.03 10/29/03 4:00 PM Page 6 10 MIDDLETON & ASSOCIATES, INC. dba MIDDLETON INSURANCE AGENCY 106 Central Avenue East St. Michael, MN 55376 St. Michael: 763-497-4420 St. Michael Fax: 763-497-1568 INSURANCE QUOTATION FOR CITY OF ALBERTVILLE FROM League of Minnesota Cities Insurance Trust Berkley Risk Services, Incorporated 920 Second Avenue South Minneapolis, Minnesota 55402 Policy Dates 10/01 /2003 - 10/01 /2004 SECTION #1 - PROPERTY $250,000. One story approved roof, frame metal Building occupied as Community Building & Maintenance Building. $ 75,000. Contents in Building # 1, consisting of office Furniture, equipment and supplies. $ 14,000. Property in open at Location #1 $140,000. One story approved roof, joisted masonry building, occupied as a Picnic Shelter and Warming House. $ 30,000. Contents in Picnic Shelter $ 10,000. One story approved roof, frame building occupied as a gazebo in park. $ 92,000. Property in open at Location #2. $1,050,000. One story metal clad building occupied As Sewer Treatment Plant #1 $1,050,000. Sewer Treatment Plant #2 $125,000. Contents within Sewer Treatment Plant #1 $225,000. Contents within Sewer Treatment Plant #2 $ 80,000. One story metal clad building, occupied As a generator building, including electrical equipment and generator. $310,000. One story masonry/concrete building with fiberglass domed roof, including equipment installed consisting of clarifier equipment #1 $310,000. Clarifier #2 $110,000. One story masonry/concrete building with UV disinfecting equipment installed. $110,000. UV #2 $ 80,000. Property in open at Location #3 12 SECTION #1 - PROPERTY (CONT'D) $42,000. One story frame building occupied as a Picnic Shelter. (Four Seasons Park) $10,000. Contents of Picnic Shelter. $ 60,000. Property in open at Location #4. $ 68,000. Lift Station -Sunrise Commercial Park. $ 68,000. Lift Station -Sewer Treatment Facility. $ 68,000. Lift Station -Barthel Industrial Park. $ 70,000. Lift Station — Jason Ave & Cty 18 $ 450,000. One story non-combustible building occupied as City Hall $ 190,000. Contents consisting of office furniture, equipment and supplies in City Hall. $ 30,000 One Story Frame building occupied as City Garage & Storage $ 15,000 Contents of Garage $6,000. Property in the Open. $ 56,000. One story frame construction occupied as Park Shelter -Lions Park. $ 18,000. Contents of Picnic Shelter $8,000. Property in the Open. $ 50,000. Property in open -Westwind Addition Park $ 65,000. Property in open -Oakside Park $430,000. City Wide -185 Water Hydrants $800,000. Fire Hall $300,000. Contents of Fire Hall $ 12,000. Property in Open $6,889,000. ---Replacement Cost --- NO Co -Insurance Comprehensive Perils including Theft & Replacement Cost; $250 Deductible 13 SECTION # II ---INLAND MARINE A.) Mobile Equipment: 1) 1998 Bobcat Front-end Loader Model 863 $ 35,000. 2) 2000 Case Wheel Loader, M# 621 $ 130,000. B.) Inland Marine Coverage: Automatically includes coverage for miscellaneous owned property up to $25,000 per item or piece of equipment. Comprehensive Perils —including Theft; $250 deductible Signs: a) 3- Wood Frames -"Welcome to Albertville" Signs are at each entrance to Albertville 3 @ $2,000. $ 6,000. b) 1 -Electric Marquee Sign $ 6,000. (used for Public messages at north entrance to Albertville) Comprehensive Perils: Actual Cash Value: $250 Deductible 14 SECTION # III --- COMPREHENSIVE GENERAL LIABILITY & PUBLIC OFFICIALS LIABILITY Limits -- Per Person Limit $ 1,000,000. Products/Completed Operations Annual Aggregate Limit $ 1,000,000. Failure to Supply Annual Aggregate Limit $ 1,000,000. Fire Damage Limit $ 50,000. Land Use Regulation Annual Aggregate $ 1,000,000. Medical Expense Limit $ 1,000. Medical Expense Aggregate $ 10,000. Limited Pollution Liability Annual Aggregate $ 1,000,000. Lead or Asbestos Claim Annual Aggregate $ 200,000. Year 2000 Claim $ 25,000. Year 2000 Claim Aggregate $ 25,000. Claims Made Forms: (prior Acts Coverage -Public Officials 12/l/85) $250 deductible -All Claims 15% on Land Use Regulation Claims including Legal Costs & Less Adjustment Costs SECTION # IV ---COMPREHENSIVE AUTOMOBILE COVERAGE Limits: $1,000,000. Per Claimant (BI -PD) $1,000,000. Per Occurrence $1,000,000. Per Claimant (UM & UIM) $1,000,000. Per Occurrence $ Basic Personal Injury Protection $ 250. Comprehensive $ 250. Collision Vehicle Schedule: 1) 1979 Ford Fire Truck 2) 1985 Chev Fire Truck 3) 1989 Chev PU - Fleetside 4) 1979 Ford Dump Truck 5) 1995 lnt'l Fire Truck -Tanker 6) 1998 Chev 1 Ton Dump 7) 1999 IHC Fire Truck * 8) 1979 lnt'1 Dump Truck 9) 2000 GMC Sierra * 10) 2001 Felling Trailer 11) 2001 Chev '/2 Ton P/U 12) 2002 Sterling Snow Plowing Truck 13) 2002 Spartan Ladder Fire 14) 2003 Chev 4wd PU * * Replacement Cost applies to Units #5, 6, 7, 9, 11,12,13 & 14 15 SECTION # V ---MISCELLANEOUS EQUIPMENT ON TRUCKS (Blanket coverage for Miscellaneous equipment in and temporarily away from trucks) No Limit / Subject to $ 25,000. Max anyone Limit; $250. deductible SECTION #VI --- COMMERCIAL MUNICIPAL EXCESS LIABILITY Limit: $ 1,000,000. Occurrence/Aggregate Retained Limit: $ 10,000. Coverage to follow, includes Public Officials liability -City "does waive" the monetary limits on tort liability established by Minnesota Statues 466.04, up to the Limits written by the policy. SECTION # VII ---OPEN MEETING LAW DEFENSE COVERAGE Limit: $ 20,000. Defense Costs Per Lawsuit / Per Official $ 20,000. Agreement Term Aggregate -Per Official SECTION # VIII ---BOILER & MACHINERY Limit: $ 5,000,000. Limit per any "One Accident". Combined Property Damage & Business Interruption and Extra Expense $ 250. Deductible. SECTION # IX ---BONDS Blanket Public Employee Faithful Performance & Employee Dishonesty Coverage Limit: $ 200,000. / $ 250 deductible. The proceeding has been a coverage overview, all parts are subject to policy conditions and terms. 16 S OF PREMIUMS 2000-2001 2001-2002 2002-2003 2003-2004 ON # I ----Property $7,152.00 $ 9,493.00 $15,481.00 $18,865.00 ON # II ----Inland Marine $ 789.00 $ 1,447.00 $ 1,404.00 $ 1,952.00 ON # III ---General Liability $ 9,979.00 $11,373.00 $13,603.00 $13,916.00 ON #IV ---Comprehensive Auto $ 6,735.00 $ 7,914.00 $12,169.00 $12,859.00 ON # V---Misc. Equipment on Trucks Included Included Included Included ON # VI ---Excess Liability $ 2,782.00 $ 3,011.00 $ 3,578.00 $ 4,133.00 ON#VII---Open Meeting Law Defense $ 500.00 $ 450.00 $ 450.00 $ 450.00 ON#VIII---Boiler & Machinery $ 726.00 $ 849.00 $ 1263.00 $ 1,324.00 ON# IX ---Bonds $ 328.00 $ 400.00 $ 492.00 $ 445.00 TOTAL $ 29,051.00 $34,937.00 , $48,440.00 $53,944.00 $ 1,053.00 $ 30,104.00 17 OCT-23-2003 11:52AM FROM -ALPINE +763 497 1001 T-121 P.002/002 F-555 Phone: 763-497-1000 105 Central Ave E Fax: 763-497-1001 St. Michael, IVIN 55376 October 23, 2003 City of Albertville, We are hereby withdrawing our request for payment for repairs made to sewer Line at 10833 - 53rd Street NE, Albertvilte. Sincerely, l Jim Krystosek Alpine Homes, Inc. Mailing Address: Alpine !-tomes, Inc. • P.O. Sox 249 • St. Michael, MN 5537E 18 OJNTY DA � 2 I Z m �d O ?7 .dy 7855 RICHARD W. NORMAN County Coordinator October 21, 2003 COUNTY OF WRIGHT 10 2nd Street NW, RM 235 Buffalo, Minnesota 55313-1188 Ms. Linda Goeb, City Administrator City of Albertville 5975 Main Ave. NE PO Box 9 Albertville MN 55301 Dear Ms. Goeb: Tel: (763) 682-7378 1-800-362-3667 Fax: (763) 682-6178 COMMISSIONERS KARLA HEETER First District PAT SAWATZKE Second District JACK R USSEK Third District ELMER EICHELBERG Fourth District DICK MATTSON Fifth District Enclosed please find three (3) copies of the 2004/2005 contract for police services. Please review, sign all copies, and return them to me by December 1, 2003. I will return one fully executed contract for your files once the County Board has approved and signed the contract. Thank you in advance for your prompt consideration of this matter. Respectfully, R chard W. Norman County Coordinator srb cc: Sheriff Gary Miller Equal Opportunity / Affirmative Action Employer 19 LAW ENFORCEMENT CONTRACT THIS AGREEMENT, made and entered into this day of , 2003, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the CITY OF ALBERTVILLE hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services, and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. c. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. 1 20 d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority; i.e., the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city management matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. TheMunicipality shall be responsible for enforcement of the Municipal Zoning Code, except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e., junk cars, etc. and traffic ordinances; i.e., parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. In order to facilitate a local presence of Sheriff's Deputies, the Municipality shall, if requested by the Sheriff, provide a local telephone line and space for a computer workstation in the respective City Hall or other suitable city owned building at no cost to the County. The Municipality shall allow a sign indicating the location of its Sheriff's substation with appropriate telephone numbers to be displayed on the exterior of the building. 3. That the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriff's employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 2004 to December 31, 2005. 2 21 8. The Municipality agrees to pay to the County the sum of $45.50 per hour for law enforcement protection during the calendar year 2004 and $47.75 per hour during the calendar year 2005. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 9. This contract shall be extended automatically for successive one year periods at a rate to be established by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15 of each year. 10. The number of hours of service to be provided pursuant to this contract are as follows: 5,840 hours annually, and shall provide 24-hour call and general service. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 13. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality 3 and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. Dated: ATTEST: Clerk WRIGHT COUNTY COMMISSIONERS: Dated: Elmer Eichelberg, Chairperson ATTEST: Richard W . Norman County Coordinator Dated: Gary Miller Wright County Sheriff Approved as to form and execution: Tom Kelly, Wright County Attorney C:\data\wpwin\LAWENFCO\2004-2005\Albertvine.wpd 4 23 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2003-33 RESOLUTION ADOPTING ASSESSMENT FOR SAC FEES WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council has met and heard and passed upon all objections to the proposed assessment for the SAC and WAC fees for the Spectators Restaurant located at 5651 LaCentre Avenue NE, Albertville MN. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday of January, 2004, and shall bear interest at a rate of 6.0% per annum from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County, and such 1 24 assessment shall be collected and paid over in the same manner as other taxes. ADOPTED by the City Council this 3rd day of November, 2003. Don Peterson, Mayor ATTEST TO: Bridget Miller, City Clerk 25 ASSESSMENT ROLL PID Property Owner Amount 101-092-001020 Spectators Grille & Bar of Albertville, Inc. $31,000.00 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St, Louis Park, MN 55416 Telephone:, 952.595.9636 Facsimile: 952.505.9837 planners@nacplanning.cbm PLANNING REPORT TO: Linda Goeb FROM: Alan Brixius DATE: October 30, 2003 RE: Albertville, Towne Lakes 41:h Addition Final Plat FILE NO.: 163.06-03.27 BACKGROUND Contractor Property Developers Company has requested final plat approval of Towne Lakes 4th Addition. Towne Lakes 4th Addition consists of town home units to be located between West Laketowne Drive and Langford Drive south of Laketowne Drive. The Town Lakes development was granted PUD preliminary plat approval Review of the final plat was based upon the PUD approval, approved and the Albertville zoning and subdivision ordinance regulations. Attached for reference: Exhibit A - Site Location Exhibit B - Approved Preliminary Plat Exhibit C — Proposed Final Plat Exhibit D — Final Landscape Plan Exhibit E — Urban Villa Town home Plans and information Exhibit F — Kingman Building Company Urban Rowhouse Plans ISSUES ANALYSIS in March 2003. preliminary plat, Consistency with Planned Unit Development (PUD) Approval The PUD and preliminary plat approval for this portion of the Towne Lakes development included specific plans for the town home units as designed by Kingman Building Company. The final plans for the townhome units are not consistent with those presented and approved at the concept and preliminary plat stage of development. Parking/Garage The Kingman urban rowhouses included a two (2) car tuckunder garage proposed for each town home unit. The plans presented with the final plat approval indicate that only the end units will have two car garages, with the center units having single car garages. The Albertville Zoning Ordinance (Section 1200.9) requires,two (2) enclosed spaces per unit with a minimum garage size of 480 square feet. In addition, the PUD approval indicates that parking stalls are to be provided for the town home units. 78 Garage Access The preliminary plat indicates that the town home units will be served by private drives, permitting the front of the town home units to face the public street areas. The town home design must incorporate private drives, permitting the front of the town home units to face the public street areas. Front Building Elevation The font facade of the Kingman urban rowhouses was undulating and included varied materials. Each unit had a separate elevated entrance. The plans presented for final plat approval indicate a uniform front fagade with all units accessed at street level. Rear Elevation The rear fagade of the Kingman urban rowhouses was undulating and included varied materials. Each unit had a two car tuck under garage and a balcony. The rear fagade of the plans presented for final plat approval has greater variation in depth than the front fagade. End units are shown as having two car garages, while the center units have only single car garages. (see discussion regarding garage requirement set forth above) Each unit has a walk out to a ground level patio. Conditions of PUD Approval Conditions of PUD approval include, without limitation, the following: 1. All town homes shall be owner occupied. Deed restrictions and the recorded PUD agreement shall prohibit rental units. 2. Each town home unit must have a separate utility connection to allow separate turnoff and sewer connections through landscaped yards to the town homes. 3. Parking stalls must be provided for town homes in the southwestern portion of the plan. 4. Urban row town homes shall be of a design consistent with the Kingman plans. Consistency with Preliminary Plat The design of the final plat is generally consistent with that of the approved preliminary plat for the same area. The preliminary plat indicates common lots for the town homes while the final plat number indicates individual unit lots. There will be 45 total town home units (14 units on Block 1 and 31 units on Block 2). The proposed number of units has been reduced by 7 units from the 52 units originally proposed. Parks and Trails. Park land dedication for the subdivision should be consistent with previous agreements. Grading, Drainage and Utilities. Issues related to grading, drainage and utilities should be subject to comment and recommendation by the City Engineer. Lot 15, Block 1 and Lot 32, Block 2 are completely encumbered by a drainage and utility easement- 2 79 Development Agreement. As part of Final Plat approval, the applicant will be required to enter into a development agreement with the City. RECOMMENDATION The town home proposal for Towne Lakes 4th Addition is not consistent with the PUD approval. In addition, the parking provided is not consistent with the requirements of the Albertville Zoning ordinance. The PUD and zoning approval for the town home portion of the Towne Lakes development were obtained in large part as a result of the plans for the town home units submitted at that time (the Kingman urban rowhouse design). The two car garage was an important feature that helped gain PUD town home approval. The final plat is generally consistent with the preliminary plat. The preliminary plat depicts base lots, while the final plat depicts unit lots. The final plat depicts 45 total town home lots (14 lots on Block 1 and 31 lots on Block 2). The City Council has several options available to it with respect to the submitted final plat and town home designs. Option 1: The City Council may deny the town home design and require a design that is both consistent with the Kingman plans as required by PUD approval and consistent with the Albertville Zoning ordinance. The City Council may deny the final plat until such time as it receives the required town home design as the revised town home design incorporating two car garages for the center units may require an altemative lot configuration. Option 2 The City Council may deny the town home design and require a design that is both consistent with the Kingman plans as required by PUD approval and consistent with the Albertville Zoning ordinance. The City Council may approve the final plat as generally consistent with the preliminary plat with the understanding that the revised town home design incorporating two car garages for the center units may require an alternative lot configuration. Since the town home unit lot is sized and configured to match the proposed town home unit design, staff recommends Option 1. pc: John Sutherland Mike Couri, Esq. Pete Carlson Contractor Property Developers Company Deb Ridgeway, David Bernard Builders and Developers 3 80 SITE LOCATION MAP EXHI�,T A 82 W � � 4 _ - � { § .pm,� \ § | � t»� _ k2! - (�{ j . L,z- �/; � \ \ 83 LO ph 1 h >5 �8 3 / a / oe / `os / / W / O n / o h \ 0 0 0 3 W 3 ok 10 AQ ID l�47. it h' �Pr Ics h a °M1 c. M.issr.srx o £EJI 1 8 ^ I p t rz ry LL'' e � lrl °I 80l sepu z8 `sue 8z / m I e5a �N, I� 8� .ri.[r,irX 8 ` / p i ,css.cr x I uB •ry N — -- ' deQ9 �04 irB - Y 8 X � "iy "' �y Iry• [>B'L8!.,M .FLLYo lY N ,I os si g e sa 4r. <l.s , 6117 w Ci 8 b C> -ri�ol x sBb s)6 � L - n <N➢1r i a� O O \ N rn N II r $ z• 1 .o/. Bj555W r N6 I' ! : m.r([r •f h 'r � M.fl [r.lrx l n r 1 8 O o8 ^MZ6'S •f =• � 9B f, 2s ° Lb LS � I � �� - - ci pI r, �, 8^" f�r� '� , I ' 8' [,.�✓r N 8 - N m <f 81 M .. r I �� N � g • T M -CI [r9ir h M1h m <f r X � r rB \ r Y8Y8f M .Fl,LYofY N - — — L � 04 Tl 8 j! fA W U J Z of p 11 Jllllll�l 8J,-j ' Son a >Po <z ioz O Dan 85 VVI-LT' LVVV 0-Iun01 VMLLCI 1,fiCJ1 JJL-JJ4-LL41 IN0.4/00 f'• L ValleyCrest Landscape Dr..voppmcmt 23 October 2003 Deh Ridgeway Rottl tmd Homes 3065 Centre Pointe Dr Roseville, MN 55113 Dcar Deb: M 10 13th Avenue Sa,t Shekopn. Minn.e era 55379 trl: 952.9u.2000 f— 952.934.2247 w w w. v u l [4!y rrrc r.corn As per our discussion yesterday, here arc the costs .Lssociated with the foundation planting plaris 1101' the Urban Villa Townhomes at Towne Lakes, Albertville, MN. "A' Units oty. Naive _ Size 1 Imperial Honeylocrost -1-1/2" cal. BB I Jap. Trec Lilac, clump lirrm 811t..L3.L3 1 lsanti Rcdtwig Dogwood 5 Gal. Pot 4 Neon flash Spirea 5 Gal_ Pot 9 Dw_ F.uro. Cranberry -2 Gal. Pot 3 Tcchny Arborvitae Pyami.dal 4' lit. 13B =3 Taunton Sprcading Ycw .5 CTal. PoL 9 llennie Graafland Astilbe l Cial_ I'ot 5 Mira Pearl Daylily 1 Gal Pot 4.75 CY 1-1/2" dia_ Washed River Rock Mulch 110 LF Poly Fdger `A' Units Subtotal S 2,585.00 x 24 units `A' Units Total S 62,040.00 vUL -c't- L.UUJ o onm VMLLCI URCJI J04-�04-4L4/ 14014/b0 f . 3 I*i `B' Units tlty• Name Size l Prairifire Crabapple 1-1/2" cal_ B13 3 Neon Flash Spirea 5 t_.al. Pot 4 Little Princess Spirea 5 (ral. i'ot 3 Tcchriy Arhorvitac Pyamidal 4' lit. BB 3 Taunton Spreading Yew 5 Gal. 1)(A 5 Mini Pearl Daylily 1 GA Pot Alpenglow Geranium 1 Gal Ilot 1.75 CY 1-1 /2" dia.. Washed:Rivcr Rack Mulch 40 LF Poly Edger 'B' Units Subtotal S 1,450.0(1 s 21 units `B' Units Total $ 30,450.00 S UMMAItY `A' Units Total Cott $ 62, 040.00 `B' Units "Total Cost X 30,450.00 Total Cot for all units $92,490.00 Total number of units 4.5 Total Gist /4 of units = $92,490.UO/45 Total Cost per unit S 2,05.5.00 1'le;-sc call rrtc with any questions in regard to this inl<mnatiorl. Sincerely. Valerie,). Kivcrs, RLn ValleyCrest 1- mdscape Developtnetit 952/974-7441 87 NW']]]I\ia2glV \ / § N M ® \/ . Al 2 \ \\\ \\\\}}!}\\ x \ Qzi7=;;„=;;;: \� &: , x Lu 4.j.--- .. 4� - �._._._._.. M | Iap NW %]$zialEGI \ / / I� -EN m o i / / t ) \ \ • ± � % § ! � ) \ � /!( ( !1I /}I T1 ) NW G1 7JAEgly � E N M O ©^ d<. » � \/ | ¢) )�\ 901 ° BERNARD BUILDERS & DEVELOPERS A DIVISION OF 7 E ROT LUNO COMPANY, INC. . October 24, 2003 Mr. Alan Brixius Northwest Associated Consultants 5775 Wayzata Blvd., Suite 555 St. Louis Park, MN 55416 Re: Towne Lakes, Albertville Dear Mr. Brixius: David Bernard Builders and Developers is pleased to submit the accompanying materials related to the townhomes at Towne Lakes. Please find the following information: 1. Urban Villa Townhome product narrative 2. Urban Villa perspective drawing 3. Proposed Sales Trailer Information 4. Foundation Landscape Plan 5. Letter from Valley Crest outlining budget costs for foundation plantings The Urban Villa Townhome is a new product for David Bernard, which will complement the community quite well. It offers an ideal transition between the commercial uses and single-family lots. The typical buyers will be single or married without children. At price points starting in the $150,000s, the Urban Villa will attract many first time homebuyers. The Urban Villa Townhomes will be an association maintained community, which will also be a part of the Towne Lakes Master Association. The sub -association will be responsible for items that pertain to their 45-unit neighborhood, including but not limited to maintenance of building exteriors, private drives, driveways, landscaping and irrigation. Per City requirement, the landscaping and irrigation for the townhomes will be at or above 2 percent of the average home value, which is approximately $175,000. The average per unit cost of the foundation plantings, sod and irrigation is about $3,500 (Plantings - $2,055, Sod - $650, Irrigation - $750). Please note this figure does not include overstory trees. 3065 CENTRE POINTE DRIVE ROSEVILLE, MN 55113 TEL: (651) 638 - 0500 FAX: (651) 638 - 0501 91 Once you have reviewed the enclosed materials, please call me at (651) 638-0517 if you have any questions or comments. Thank you. Sincerely, �` (• Deb Ridgeway Land Development Enclosures Cc: TS, TW, JMN, DH 92 TOWNE LAKES 4TH ADDITION October 21, 2003 Urban Villa Townhome The Urban Villa Townhome is a row product that is geared toward single professionals and couples typically without children. The unique quality of these townhomes is the ability to offer a private garage with direct access to the unit, a private front entrance and no unit stacked above another all within an association maintained community. Emphasis on the front entrances and rear garage access gives this slab -on -grade product an urban appeal. Each unit has its own private front entrance with covered stoop as well as a patio off the back. The end units have a 2-car garage and the interior units have a 1- car garage. Both the garage and living space are located on the first level with two bedrooms, a loft and utilities on the second. The finished floor area of the Urban Villas is 1487 square feet with prices ranging from approximately $150,000 to $200,000. The materials used for this product are low maintenance and consist of vinyl siding with stone accents. A homeowners association will be responsible for the maintenance of all exteriors, private drives and landscaping. Sales Trailer Prior to the completion of a model unit, David Bernard proposes to sell from a sales trailer located in the vicinity of Lots 8 through 11, Block 2. Please refer to the attachments for more details. The trailer will be 12'x56' with an at -grade deck for accessibility. Customer parking will be located in the parking bay to the east, which accommodates about 6 vehicles. David Bernard will work with the City to meet all necessary building requirements related to this use. 93 7 PR 12' PQSE 0 X SALES TRAILER LOCATION 56 -L AT GRADE L VEL ©Copylght 2003 N RottkM Company, Inc. OPO�ED IS'WALK I LANgSCAP( AREA In iOWNE LAKE5 A-BENI PROP05ED 6ALE5 TRAILER October, 2003 NO 5CALE 95 0 n r DWI 2 U _U a :2 a � a QDj C N a) 0 cm C Y � a 0 m C Y C E _c E � C 3 N C m ✓� C E E > a L 3 a L m Y 0 a a O O o a G a) a) O .� H 3 Q Enm m � m � co m CD0 C � a 3 � � co m C O O Nco Q Y000000000 O -. vo OE2 N¢a' dm 99 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.596.9636 facsimile: 952.595.9837 Plannersivnacplanning.com MEMORANDUM TO: Linda Goeb FROM: Alan Brixius DATE: October 30, 2003 RE: Albertville — Zoning Ordinance Amendments FILE NO: 163.05 — 03.01 Attached please find 14 ordinance amendments to the Zoning Ordinance. These amendments were reviewed in public hearing on October 14th by the Planning Commission and recommended for Council approval subject to a number of changes. The ordinances at attached have included the modifications suggested by the Planning Commission. The ordinance amendments include: 1. Definition changes which will outline a definition of commercial use as well as definitions that will pertain to on -site lighting. 2. Amendments that will address shopping centers allowing shopping centers as a permitted use without a planned unit development. 3. Amendments regulating pole barns within the community. This ordinance now prohibits pole barns within the community except as they relate to agricultural operations and within industrial areas as a conditional use permit. 4. Amendments for trash enclosures identifying minimum performance standards for required trash enclosures for commercial, industrial, institutional, and residential structures containing four or more units. 5. Section 1000.10 is being modified to provide more elaborate outdoor lighting performance standards. Specifically, this issue addresses height of light fixtures, shielding of light sources, and requirement of 90 degree cutoff directional lighting. 6. Section 1100.4 is being modified to address the building type construction performance standards in the various zoning districts. These standards will vary from district to district and it was felt that it is better to have it explained in the individual zoning district. 7. The parking standards are being modified to address the following issues. Parking space has been modified to a standard of nine feet by 20 feet in length, exclusive of drive aisles. Parking lot design standards have been modified to address requirement of a continuous concrete perimeter curbing (B-6-12) and the disability parking standards have been modified to address the requirements of Minnesota Building Code. 8. The B-1 Zoning District has little application within the community and it is believed that it can be repealed in its entirety. 9. The B-2 Zoning District has been modified to consolidate a number of land use descriptions, provide for open and outdoor display as percentage of the gross floor area of the principal building, as an accessory use, establish a list of prohibited uses, and to introduce the special landscaping and architectural design guidelines from the B-2A District into the B-2 District. This should establish some uniform appearance up and down the County Road 19 corridor. 10. The B-2A Zoning District has been modified to consolidate the land use descriptions, establish outdoor display as a percentage of the gross floor area of the principal building, as an accessory use, establish drive through service lanes as a conditional use with performance standards, and outline a list of prohibited uses within the B-2A District. 11. The B-3 Zoning District was modified to consolidate the description of land uses within the permitted use section, allows outdoor display of merchandise as a percentage of gross floor area of the principal building, as an accessory use, establish under conditional use permits drive through service lands with performance standards, as a conditional use outlining performance standards for motor vehicle sales, leasing, rental, and repair, establish a list of prohibited uses within the B-3 District, and outline the architectural standards for the B-3 District. 12. The changes within the B-4 Zoning District again consolidates the land use descriptions under permitted uses, allows open outdoor display as a percentage of the gross floor area of the principal building, establish drive through service lanes as a conditional use permit with performance standards, and outline architectural standards within the B-4 District. 13. The B-W Zoning District modifications include consolidate the land use descriptions for permitted uses, identified open and outdoor display as an accessory use within the B-W District with performance standards, establish drive through service lanes as a conditional use permit with performance INJ standards, establish motor vehicle sales, leasing, and rental as a conditional use permit with performance standards, establish as a conditional use permit within the B-W District open and outdoor sales in excess of 20 percent of gross floor area of the principal use with performance standards, and outline the architectural standards of the B-W District. 14. Section 4905, the Shoreland Overlay District. In year 2001 /2002, amendments were made to address planned unit development and impervious surface. In adopting those amendments, changes were not made to reduce any conflicts within the Code. As this amendment would address the areas where potential conflict may exist and identify the exceptions that were established through those previous ordinances. For ease of review, we have included underlines for all new language and strike outs for language to be deleted. We are presenting this as individual ordinances to allow the Council to consider each application on its separate merit and hopefully this provides a simpler means for decision -making. If there are any questions, please contact me at your convenience. 91 DEFIN/voNS CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 200.2, DEFINITIONS, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 200.2 (Definitions) of the Albertville Zoning Ordinance is hereby amended to add the following: (31.1) Commercial Use. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services, including, but not limited to: (a) Automobile Repair -Major. General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job; vehicle steam cleaning. (b) Automobile Repair -Minor. An establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engine repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a major automobile business or automobile sales. (c) Automobile Sales. The use of any building or land area for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use. (d) Automobile Service Station. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories. (e) Hospitality Business. An establishment offering transient lodging or accommodations on a daily rate to the general public, leasable events, meeting or conference facilities, banquet halls, exhibition halls, hotels, motels, convention facilities, and hospices. (f) Liquor Sales, Off -Sale. Licensed sale of intoxicating beverages for consumption off site. (g) Liquor Sales, On -Sale. Licensed sale of intoxicating beverages for consumption at the premises where the beverage is purchased. (h) Motor Fuel Station. A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding. (i) Office Business -Clinic. An establishment located within a building or portion of a building providing out -patient health services to patrons, including general medical clinics, mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians, and other State licensed medical services. 0) Office Business -General. An establishment located within a building or portion of a building for the conduct of business activities involving predominantly professional administrative or clerical service operations including attorneys, financial advisors, insurance, travel, and real estate. (k) Personal Service. Personal services shall include the following: barber shops, beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, and therapeutic massage. (1) Recreational Business. Arcade, health club, gymnasium, bowling alley, billiard (pool) hall, dance hall, dance studio, skating rinks, and theaters. (m) Restaurant. An establishment that serves food in individual servings for consumption on or off premises, including sit-down restaurants, take out, pick up, or delivery food sales, but not including drive -through facilities. Outdoor dining areas and drive -through facilities may or may not be allowed in each zoning district (they are not automatically allowed when a restaurant is an allowable use). (n) Retail Business. An establishment engaged in the display and sale of products produced off -site directly to consumers within a building or portion of a building excluding any exterior display and sales. (o) Service Business Off -Site. A company that provides services related to maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services. 2 (p) Service Business On -Site. An establishment that provides services related to maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive -through facilities), copy centers, laundromats, dry cleaners, funeral homes and mortuaries, appliance repair, tailor shops, and travel bureaus. (86.1) Lighting Related. (a) Cutoff. The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated at a specific angle above the ground. (b) Cutoff Angle. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground form the light source above which o light is emitted (see Figure 1). ure 1. Cutoff Total Cutoff (c) Cutoff Type Luminaire. A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety (90) degrees. (d) Flashing Light. A light source which is not constant in intensity or color at all times while in use. (e) Foot candle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle. (f) Light Source. A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. 3 (g) Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts. (h) Outdoor Lighting. Any light source or collection of light sources, located outside a building, including but not limited to, light sources attached to any part of a structure, located on the surface of the ground or located on freestanding poles. (i) Outdoor Light Fixture. Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. The fixture includes the hardware that houses the illumination source and to which the illumination source is attached including, but not limited to, the hardware casing. Such devices shall include, but are not limited to, search, spot, and flood lights for: 1. Buildings and structures 2. Recreational areas. 3. Parking lot lighting. 4. Landscaping lighting. 5. Signs. 6. Street lighting 7. Product display area lighting. 8. Building overhangs and open canopies. 0) Security Lighting. Outdoor lighting fixtures installed exclusively as a measure to reduce the possible occurrence of a crime on the property. Figure 2 Shielding 0 107 (k) Shielding. A technique or method of construction permanently covering the top and sides of alight source by a material which restricts the light emitted to be projected below an imaginary horizontal plane passing through the light fixture (see Figure 2). (1) Spillage. Any reflection, glare or other artificial light that emits onto any adjoining property or right-of-way and is above a defined maximum illumination. - Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of ATTEST: 1I Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE Donald Peterson, Mayor 2003. 5 Shopping Centers CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 1000.3, PLATTED AND UNPLATTED PROPERTY, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 1000.3 (Platted and Unplatted Property) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through its text. 1000.3 Platted and Unplatted Property (d) Except in the case of planned unit developments as provided for in Section 2700 of this Chapter, not more than one principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning as defined in Section 200 of this Chapter. Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of CITY OF ALBERTVILLE By: ATTEST: Donald Peterson, Mayor By: Bridget Miller, Deputy Clerk 2003. Pole Building CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 1000.4(i)(2), GENERAL BUILDINGS AND PERFORMANCE REQUIREMENTS, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 1000.4(i)(2) (Building Type and Standards) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through the text and adding the language identified with underlined text. 1000.4 (i) (2) Pole buildings as defined by this Chapter: a. Are permitted within A-1 and A-2 Districts provided -#fat only in association with agricultural operations. b. AreStFUGtUres prohibited in Residential and Commercial Districts c. Are allowed in CommeFGia Industrial Districts as a conditional use provided that: 1. The structure involves an expansion of an existing pole building, or 2. The design and building material conforms to the character of the area in which the structure is located. 3. There is documented need for this type of construction. 4. The provisions of Section 400.2.(e) of this Chapter are considered and satisfactorily met. Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of ATTEST: Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE . Donald Peterson, Mayor 2003. 2 Trash Enclosures CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 1000.15, REFUSE, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 1000.15(b) (Location and Screening) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through the text and adding the language identified with underlined text. 1000.15 (b) Location and Screening. ONNS9,211r. MUM- - - O- (1) Dwelling Units Single Family Duplexes and All Other Residential Structures With Four (4) or Less Units Garbage cans waste containers and recycling bins shall be kept in rear or side yards (2) Commercial Industrial Institutional or Residential Structures With More Than Four (4) Units 112 a. All refuse recyclable materials and necessary handling equipment including but not limited to garbage cans recycling bins and dumpsters shall be stored within the principal structure within an accessory building or a trash enclosure that totally screens the equipment from eve level view from all neighboring uses and the Public right-of-way. b. Trash Enclosures. Trash enclosures that contain refuse and recyclable material or equipment shall require the following: 1. Exterior wall of the trash enclosure shall be masonry or similar and/or complement the principal building 2. The enclosed trash and/or recycling receptacle/ enclosure area shall be located in the rear or side yard and shall observe all applicable accessory buildinq setback requirements and easements 3. The trash and/or recycling enclosure shall be in an accessible location for pick up hauling vehicles 4. The trash and/or recycling receptacles shall be fully screened from view of adjacent properties and the public right-of-wav by a fence or wall of at least six (6) feet in height. 5. All dumpsters recycling bins. -handling equipment and enclosures shall be approved by the Zoning Administrator and be kept in a good state of repair with lids designed to prevent spilling and spread of debris and access by animals. All designs and construction of trash enclosures shall be subiect to approval by the City Building Official Section 2. Effective Date This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of CITY OF ALBERTVILLE Donald Peterson, Mayor 2003. 113 ATTEST: Bridget Miller, Deputy Clerk - lid Lighting CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 1000.10 OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 1000.10 (Glare) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through the text and adding the language identified with underlined text. 1000.10. Outdoor Liahting Lam Purpose It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution and promote energy conservation while increasing night time safety, utility, security and productivity, (b) Exemptions The provisions of this section shall not apply to the following. — t ) This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons L2) This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions (3) Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures. (4) Emergency lightinq by police fire and rescue authorities (c) Non -Conforming Uses (1) Existing Fixtures All outdoor lighting fixtures existing and legally installed prior to the effective date of this Ordinance are exempt from regulations of this section but shall comply with the Ordinance requirements for glare as follows: a. Any lightinq used to illuminate an off-street parking area sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets Direct or sky -reflected glare where from flood lights or from high temperature processes such as combustion or welding shall not be directed into any adjoininq property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent Property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the right-of-way line of said street Any light or combination of lights which cast light on residential property shall not exceed four tenths 0.4 foot candles (meter reading) as measured from said property (2) New Fixtures Whenever a light fixture that was existing on the effective date of this Ordinance is replaced by a new outdoor light fixture the provisions of this section shall be complied with (d) Intensity. No light source or combination thereof which cast light on a Public street shall exceed one (1) foot candle (meter reading) as measured from the right-of-way line of said street nor shall any light source or combination thereof which cast light on adjacent residential property exceed four tenths (0.4) foot candles (meter reading) as measured at the property line per the method outlined in Section 1000 10(e) of this Ordinance (e) Method of Measuring Light Intensity. The foot candle level of a light source shall be taken after dark with the li ht meter held six 6 inches above the round with the meter facing the light source A reading shall be taken with the light source on then with the light source off The different between the two readings will be identified as the light intensity (f) Performance Standards (1) Residential/Public/Semi-Public District Standards In all residential and public, semi-public districts any lighting used to illuminate a structure an off-street garkinq area or other area shall be arranged as to deflect light away from anv adjoining residential property or from any public right- of-way. All lighting shall be installed in accordance with the following provisions: a. The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined by this Ordinance. b. Bare light bulbs shall not be permitted in view of adiacent Property or public right-of-wav unless part of a permanent or decorative fixture. 12) Business/Industrial District Standards Any lighting used to illuminate a structure an off-street parking area or other area shall be arranged so as to deflect light away from any adioining residential property or from any public right-of-way. All lighting shall be installed in accordance with the following provisions a. The luminaire shall contain a cutoff which directs and cuts off the light at an angle of ninety (90) degrees or less b. Light sources shall not be permitted so as to light adiacent Property in excess of the maximum intensity defined in Section 1.000.10(d) of this Ordinance C. Architectural/historical light fixtures that feature globes that are not shielded or lighting of entire facades or architectural features of a building may be approved by the City Council In no case shall the light affect adiacent property in excess of the maximum intensity defined in Section 1000 10(d) of this Ordinance d. The maximum height of the fixture and pole above the ground grade permitted for light sources is thirty (30) feet A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located unless allowed by conditional use permit. e. Location 1. The light source of an outdoor light fixture shall be set back a minimum of ten (10) feet from a street right-of-way and five (5) feet from an interior side or rear lot line 2. No light source shall be located on the roof unless said light enhances the architectural features of the building and is approved by administrative permit f. Hours. 1. The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one 1) hour after closing except for approved security lighting 2. All illuminated window signs for advertising purposes shall be turned off between 12:00 AM and sunrise except that said signs may be illuminated while the business facility on the premise is open for service Q. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adioining property. (3) Outdoor Recreation Outdoor lighting associated with outdoor commercial or public recreational uses such as but not limited to baseball fields, football fields, hockev rinks and tennis courts shall comply with the following provisions: a. No outdoor recreation facility whether public or private shall be illuminated after 11:00 PM except for required securitv lightinq b. _ Off-street parking areas for outdoor recreation uses which are illuminated shall meet the requirements stated for business or industrial applications as found in Section 100010(f)(2) of this Ordinance. (q) Submission of Plans All applications except single family residential that include outdoor lighting shall include evidence that the proposed outdoor lightinq will comply with this section The application shall contain the following information, in addition to other required information. (1) Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps supports reflectors and other lighting devices (2) Description of the type of illuminating devices fixtures lamps supports, reflectors and other lighting devices (angle of cutoff) The description shall include but is not limited to catalog cuts by manufacturers and drawings (including sections where required) (3) Photometric plans illustrating the light emissions and illumination field of the proposed site lighting Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of ATTEST: la Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE M Donald Peterson, Mayor 2003. 5 Building Type and Construction CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 1100.4, BUILDING TYPE AND CONSTRUCTION, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 1100.4 (Building Type and Construction) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through the text and adding the language identified with underlined text. 1100.4 Building Type and Construction 6'17 (e) Business Districts. in business diStFiGtS, a fon4sh on all buildings shall be limited to no more th�n f4y (50) PeFGent ef the tGtal ep abut Fesidential uses-,-aP,-expes ed met_�' oF fiberglass finish shall Ret eXGeed aGGe - to have eSSeRtially the same OF GeOrd.nated, `'r'""�io'` s e teF4()F finish-matef+at-s and--tre, ent. Building type and construction requirements within business districts shall be governed by the applicable provisions of the respective zoning district in which a use is located Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of 2003. CITY OF ALBERTVILLE By: Donald Peterson, Mayor ATTEST. - By: Bridget Miller, Deputy Clerk Parking CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 1200, OFF-STREET PARKING REQUIREMENTS, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 1200.4(h)(1), (Parking Stall Dimensions) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through the text and adding the language identified with underlined text. (1) - Parking Space Size. Except for handicapped parking spaces, each parking space shall not be less than nine L�hfeet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. Section 2. Section 1200.4(h)(16), (Curbing) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through the text and adding the language identified with underlined text. 9,24 (16) Curbing. Except for single, two family, townhouse and quadraminiums, and except as specified in item (e) above, all open, off- street parking shall have a continuous concrete perimeter curb B-6-12 bar-r+er around the entire parking lot. Said Such curb barrier shall not be closer than five (5) feet to any lot line and must shall meet other applicable parking and driveway setbacks specified in this Chapter. Section 3. Section 1200.8, (Handicapped Parking Spaces) of the Albertville Zoning Ordinance shall be deleted in its entirety and replaced with the underlined text. Mm - - - -r. n- _ ' - - - -- _ -- - 1*1619=111- 1."tmn- -w - - 1200.8. Accessible Parking. All parkinq associated with any building structure or use shall be required to conform to the disability accessible parking standards pursuant to Minnesota State Building Code as may be amended Section 4. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of 2003. ATTEST: Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE Donald Peterson, Mayor K CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE REPEALING SECTION 4200, B-1 NEIGHBORHOOD LOW INTENSITY BUSINESS DISTRICT, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 4200 (Neighborhood Low Intensity Business District) is herby repealed in its entirety. Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of CITY OF ALBERTVILLE Donald Peterson, Mayor ATTEST: Bridget Miller, Deputy Clerk 2003. CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 4300, B-2 LIMITED BUSINESS DISTRICT, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 4300 (Limited Business District) of the Albertville Zoning Ordinance is hereby amended by deleting the language shown with a line through the text and adding the language identified with underlined text. 4300.1. Purpose. The purpose of the B-2, Limited Business District is to provide for low intensity, retail or service outlets. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial streets at the edge of residential districts. 4300.2. Permitted Uses. The following are Permitted uses in a B-2 District subject to additional requirements set forth in this Chapter: (a) Bakery goods and baking of goods for retail sales on the premises (b) Essential services as regulated by Section 2100 of this Chapter. (c) Government and public related utility buildings and structures (d) Office business — clinical (e) Office business — _general (f) Personal services (g) Personal wireless service antennas located upon a public structure including necessary equi Chapter. pment buildings as regulated by Section 2500 of this (h) Public parking garage (i) Retail business. (j) Service business - on -site (k) Temporary seasonal sales as regulated by Section 1000.23 of this Chapter. 4300.3. Accessory Uses The following are permitted accessory uses in a B-2 District subject to additional requirements set forth in this Chapter: (a) Accessory and Secondary Use Antennas with a single support structure not to exceed seventy (70) feet including radio and television receiving antennas, single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Chapter. (b) Adult Uses - Accessory as regulated by Section 2800 of this Chapter. (c) Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. (d) Off-street parking as regulated by Section 1200 of this Chapter, but not including semi -trailer trucks. (e) Off-street loading as regulated by Section 1300 of this Chapter. (f) Open or outdoor display of merchandise for sale or rent as an accessory use, provided that: (1) Outdoor display of merchandise connected with the principal use is limited to ten (10) percent of the gross floor area of the principal building or tenant bay, as applicable (2) The use does not take up parking space as required for conformity to this Chapter. (3) The outdoor display area is hard surfaced with bituminous or concrete. (4) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing minimum clear passage zone for pedestrians at the perimeter of the outdoor display area shall be at least four (4) feet without interference from parked motor_ vehicles, curbs, trash receptacles light standards 2 4300.4. Conditional Uses The following are conditional uses in a B-2 District subject to additional requirements set forth in this Chapter. (Requires a conditional use permit as regulated by Section 400 of this Chapter.) (a) Buildings combining residential and non-residential uses allowed in this District, provided that: (1) Residential and non-residential uses shall not be contained on the same floor. (2) The residential and non-residential uses shall not conflict in any manner. (b) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 2500 of this Chapter. (c) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters or six (6) feet seven (7) inches in diameter, as regulated by Section 2500 of this Chapter. (d) Commercial planned unit development as regulated by Section 2700 of this Chapter. (e) Day Care Facilities as regulated by Section 1700 of this Chapter. (f) Restaurants without drive -through facilities, provided that- (1) The site abuts a collector or minor arterial street or is included within an approved shopping center. (2) A buffer yard of twenty (20) feet in width shall be provided at the boundaries abutting an "R" District in accordance with Section 1000.7 of this Chapter. (3) The operation shall be responsible for litter control on the site, which is to occur on a daily basis. Trash receptacles shall be screened. (4) Outdoor dining facilities shall not exceed twenty (20) percent of the interior gross floor area of the use. Outdoor storage of outdoor furniture shall not be permitted during the off season. (5) The site is in compliance with all relevant provisions of this Chapter. 3 (g) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Chapter. (h) Wind Energy Conservation Systems as regulated by Section 2400 of this Chapter. 4300.5. Prohibited Uses Notwithstanding any other regulations within any City Code, the following are prohibited uses in a B 2 District (a) Adult use — principal (b) Commercial animal kennels (c) Motor fuel sales (d) Pawn shops. (e) Tattoo parlors/body piercing studios 4300.6. Lot Requirements and Setbacks The following minimum requirements shall be observed in a B-2 District, subject to additional requirements, exceptions and modifications set forth in this Chapter. (a) Lot Area: Ten thousand (10,000) square feet. (b) Lot Width: One hundred (100) feet. (c) Setbacks: (1) Front Yards: Not less than thirty-five (35) feet. (2) Side Yards: Not less than ten (10) feet on any one side, not less than twenty (20) feet on the side yard abutting the major street. (3) Rear Yards: Twenty (20) feet. (d) Maximum Site Coverage: Hard surface, including buildings: Eighty (80) percent. 4300.7. Maximum Buildinq Height (a) Principal building/structure: Thirty-five (35) feet. 12 (b) Accessory building/structure: As regulated by Section 1000.4 of this Chapter. 4300.8. _Special Landscaping Requirements All protection in the B 2 District shall meet the following landscapinq requirements in addition to the requirements of Section 1000.7. (a) A detailed landscape plan must be submitted for approval by the City. The plan for landscaping shall include ground cover, bushes shrubbery trees sculpture, decorative walks or other similar design features or materials in a quantity having a minimum value in conformance with the following table: (b) In order to provide for adequate maintenance of landscaped areas an underground sprinkler system shall be provided for new development except for additions to existinq structures that do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in a natural state (c) Interior Parking Lot Landscaping (1) All parking lots shall be designed to incorporate unpaved Landscape islands as required by the City. (2) All landscape islands shall be provided with deciduous shade trees ornamental or evergreen trees plus around cover, mulch or shrubbery (3) Within off-street parking facilities for commercial uses of fifty (50) or more stalls, irrigated landscaped islands or peninsulas or rain gardens shall be provided at a rate of one hundred eighty (180) square feet per twenty-five (25) surface stalls or fraction thereof. Such islands or Peninsulas shall be contained within raised concrete curbed beds consistent with other applicable parking lot construction requirements of this Ordinance. It is not the intent of this section to relieve a pro6ect of the installation of islands or peninsulas that are necessary to promote the safe and efficient flow of traffic regardless of parking lot size 4300.9. Architectural Standards. All building exterior wall finishes be constructed of materials containing only brick dimension stone glass stucco and its replicas, wood, rock -faced block or pre -cast concrete panels This section shall not apply to expansions of buildings existing on the effective date of this section when a compatible and cohesive design is achieved by continuing materials of a principal building to the expansion while overall improvements consistent with the intent of this section are demonstrated. Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of ATTEST: Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE Donald Peterson, Mayor 2003. C CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 4350, B-2A SPECIAL BUSINESS DISTRICT, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 4350 (Special Business District) of the Albertville Zoning Ordinance is hereby amended by adding the language identified with underlined text. 4350.1. Purpose. The purpose of the B-2A, Special Business District is to provide for high quality, limited retail and service commercial development that serves both local and regional needs. 4350.2. Permitted Uses. The following are permitted uses in a B 2A District subiect to additional requirements set forth in this Chapter and except as otherwise provided in Section 4350 4: (a) Animal veterinary clinics (with no overnight care) (b) Bakery goods and baking of goods for retail sales on the premises (c) Essential services as regulated by Section 2100 of this Chapter. (d) Government and public related utility buildings and structures (e) Hospitality businesses (f) Office business — clinical (q) Office business - general (h) Personal services (i) Personal wireless service antennas located upon a public structure including necessary equipment buildings as regulated by Section 2500 of this Chapter. (i) Recreational businesses (k) Restaurant. (1) Retail business. (m) Service business - off -site (n) Service business - on -site (o) Temporary seasonal sales as requlated by Section 1000.23 of this Chapter. 4350.3. Accessory Uses The following are permitted accessory uses in a B-2A District subject to additional requirements set forth in this Chapter: (a) Accessory and secondary use antennas with a single support structure not to exceed seventy (70) feet including radio and television receiving antennas, single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Chapter. (b) Adult uses - accessory as regulated by Section 2800 of this Chapter. (c) Commercial or business buildings and structures for a use accessory to the principal use provided such use shall not exceed thirty (30) percent of the gross floor space of the principal use. (d) Off-street parking as regulated by Section 1200 this Chapter, but not including semi -trailer trucks. (e) Off-street loading as regulated by Section 1300 of this Chapter. (f) Open or outdoor display of merchandise for sale or rent as an accessory use, provided that- (1) Outdoor display of merchandise connected with the principal use is limited to ten (10) percent of the gross floor area of the principal building or tenant bav, as applicable (2) The use does not take up parkinq space as required for conformity to this Chapter. (3) The outdoor display area is surfaced with bituminous K (4) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing the following: a. Outdoor display area shall be segregated from through Pedestrian circulation by means of temporary fencing bollards ropes, plantings or other methods b. Minimum clear passage zone for pedestrians at the Perimeter of the outdoor display area shall be at least five (5) feet without interference from parked motor vehicles bollards trees tree gates, curbs stairways trash receptacles street lights parking meters, or the like. 4350.4. Conditional Uses The following are conditional uses in a B-2A District subject to additional requirements set forth in this Chapter. (Requires a conditional use permit as regulated by Section 400 of this Chapter.) (a) Automobile repair - minor, provided that: (1) The site consists of a minimum lot_ area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Landscaping and screening not less than five (5) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (3) Parking or automobile storage space shall be screened from view of abutting "R" Districts in compliance with Section 1000.7 of this Chapter. (4) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for Motor Fuel Stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the property. (5) Provisions are made to control and reduce noise (b) Buildings combining residential and non-residential uses allowed in this District, provided that- (1) Residential and non-residential uses shall not be contained on the same floor. 3 (2) The residential and non-residential uses shall not conflict in any manner. (c) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 2500 of this Chapter. (d) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters in diameter, as regulated by Section 2500 of this Chapter. (e) Commercial planned unit development as regulated by Section 2700 of this Chapter. (f) Day Care Facilities as regulated by Section 1700 of this Chapter. (g) Drive -through service lanes A drive through service lane accessory to any permitted or conditionally permitted business or use shall be allowed only if the following additional criteria are satisfied: (1) Not less than one hundred twenty (120) feet of segregated automobile stackinq must be provided for the single service lane Where multiple service lanes are provided the minimum automobile stacking may be reduced to sixty (60) feet per lane (2) The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on site traffic circulation or access to required parking spaces (3) No part of the public street or boulevard may be used for stacking of automobiles. (4) The stacking lane order board intercom and window placement shall -be designed and located in such a manner as to minimize glare as to adjacent premises particularly residential premises and to maximize maneuverability of vehicles on the site (5) The drive through lanes shall be screened from view of adioininq residential zoning districts and public street rights of way (6) Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic noise and glare (7) A lightinq and photometric plan will be required that illustrates that drive through service lane lighting shall comply with Section 1000.10 of this Chapter. n (h) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Chapter. (i) Wind Energy Conservation Systems as regulated by Section 2400 of this Chapter. 4350.5. Prohibited Uses. Notwithstanding any other regulations within any City Code, the following are prohibited uses in a B-2A District (a) Adult use — principal. (b) Commercial animal kennels (c) Motor fuel sales. (d) Pawn shops. (e) Tattoo parlors/bodv piercing studios ` 4350.6. Lot Requirements and Setbacks The following minimum requirements shall be observed in a B-2A District, subject to additional requirements, exceptions and modifications set forth in this Chapter. (a) Lot Area: One (1) acre. (b) Lot Width: One hundred fifty (150) feet. (c) Building Setbacks: (1) Front Yards: Minimum of thirty-five (35) feet. (2) Side Yards: Ten (10) feet, except not less than thirty-five (35) feet when abutting an "R" District or adjacent to a public street. (3) Rear Yards: Twenty (20) feet, except not less than thirty-five (35) feet when abutting an "R" District or adjacent to a public street. (d) Parking and Driveway Setbacks. (1) Front Yards: Twenty (20) feet. (2) Side Yards: Five (5) feet, except not less than twenty (20) feet when abutting an "R" District. 5 (3) Rear Yards: Ten (10) feet, except not less than twenty (20) feet when abutting an "R" District. (e) Maximum Site Coverage structures: Eighty (80) percent. 4350.7. Maximum Building Height Hard surface, including buildings and (a) Principal building/structure: Thirty-five (35) feet. (b) Accessory building/structure: As regulated by Section 1000.4 of this Chapter. 4350.8. Special Landscaping Requirements All properties in the 13-2A District shall meet the following landscaping requirements, in addition to the requirements of Section 1000.7: (a) A detailed landscape plan must be submitted for approval by the City. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, decorative walks, or other similar design features or materials in a quantity having a minimum value in conformance with the following table: Project Value Minimum Landscape Value (Including Building Construction, Site (Plantings and Installation) Preparation, and Site Improvements) Below $1,000,000 2 percent $1,000,001 - $2,000,000 $20,000 plus 1 percent of project value in excess of $1, 000, 000 $2,000,001 - $3,000,000 $30,000 plus .75 percent of project value in excess of $2,000,000 $3,000,001 - $4,000,000 $37,500 plus .25 percent of project value in excess of $3,000,000 Over $4,000,000 1 percent (b) In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided for new development, except for additions to existing structures that do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in a natural state. (c) Interior Parking Lot Landscaping. R (1) All parking lots shall be designed to incorporate unpaved, landscaped islands as required by the City. (2) All landscaped islands shall contain a minimum of one hundred eighty (180) square feet. (3) All landscape islands shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch or shrubbery. (4) Parking lot landscape trees shall be provided at the rate of one (1) tree for each fifteen (15) parking spaces, or major fraction thereof. (5) Parking lot islands must have a raised concrete perimeter curb. 4350.9. Architectural Standards. All building exterior wall finishes must be constructed of materials containing only brick dimension stone glass stucco and its replicas, wood, rock faced block or aggregate pre -cast concrete panels This section shall not apply to expansions of buildings existing on the effective date of this section when a compatible and cohesive design is achieved by continuing materials of a principal building to the expansion while overall improvements consistent with the intent of this section are demonstrated. Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of 2003. ATTEST: la Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE Donald Peterson, Mayor 7 rAw CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 4400, B-3 HIGHWAY COMMERCIAL DISTRICT, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 4400 (Highway Commercial District) of the Albertville Zoning Ordinance is hereby amended by adding the language identified with underlined text. 4400.1. Purpose. The purpose of the B-3, Highway Commercial District is to provide for the establishment of motor vehicle oriented or dependent high intensity commercial and service activities. 4400.2. Permitted Uses. The following are permitted uses in a B 3 District subiect to additional requirements set forth in this Chapter: (a) Adult Uses - Principal as regulated by Section 2800 of this Chapter. (b) Animal veterinary clinics with overnight care (c) Bakery goods and baking of goods for retail sales on the premises (d) Essential services as regulated by Section 2100 of this Chapter. (e) Government and public utility buildings and structures (f) Hospitality business. (g) Office business — clerical. (h) Office business - general. (i) Personal Services. 0) Personal wireless service antennas located upon a public structure including necessary equipment buildings as regulated by Section 2500 of this Chapter. (k) Public parking garage. (1) Recreational business. (m) Restaurant (n) Retail business. (o) Service business - off -site. (p) Service business - on -site. (q) Temporary outdoor seasonal sales as regulated by Section 1000.23 of this Chapter. 4400.3. Accessory Uses. The following are permitted accessory uses in a B-3 District subject to additional requirements set forth in this Chapter: (a) Accessory and Secondary Use Antennas with a single support structure not to exceed seventy (70) feet including radio and television receiving antennas, single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Chapter. (b) Adult Uses - Accessory as regulated by Section 2800 of this Chapter. (c) Commercial or business buildings and structures for a use accessory to the principal use provided such use shall not exceed thirty (30) percent of the gross floor space of the principal use (d) Off-street parking as regulated by Section 1200 of this Chapter, but not including semi -trailer trucks. (e) Off-street loading as regulated by Section 1300 of this Chapter. ff) Open or outdoor display of merchandise for sale or rent as an accessory use, provided that: 1►. (1) Outdoor display of merchandise connected with the principal use is limited to twenty (20) percent of the gross floor area of the principal buildinq or tenant bay as applicable (2) The use does not take up parking space as required for conformity to this Chapter. (3) The outdoor display area is surfaced with bituminous (4) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing the following: a. Outdoor display area shall be segregated from through Pedestrian circulation by means of temporary fencing bollards ropes, plantings, or other methods b. Minimum clear passage zone for pedestrians at the perimeter of the outdoor display area shall be at least five (5) feet without interference from parked motor vehicles bollards trees tree pates, curbs, stairways trash receptacles street lights parking meters, or the like. 4400.4. Conditional Uses. The following are conditional uses in a B-3 District subject to additional requirements set forth in this Chapter. (Requires a conditional use permit as regulated by Section 400 of this Chapter.) (a) Automobile Repair — Major, provided that: (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Landscaping and screening not less than ten (10) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (3) Parking or automobile storage space shall be screened from view of abutting rights -of -way or properties in compliance with Section 1000.7 of this Chapter. (4) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this section as well as standards for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the property. 3 139 (5) Provisions are made to control and reduce noise consistent with Minnesota Pollution Control standards. (6) All exterior building materials and construction including those of accessory structures must be in conformance with Section 4400.8 of this Chapter. (7) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. (8) The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC, as amended. (9) All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. (b) Automobile Repair - Minor, provided that: (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Landscaping, screening, and buffer yards not less than twenty (20) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (3) Parking or automobile storage space shall be screened from view of abutting rights -of -way or properties in compliance with Section 1000.7 of this Chapter. (4) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for Motor Fuel Stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the property. (5) Provisions are made to control and reduce noise consistent with Minnesota Pollution Control standards. (6) All exterior building materials and construction including accessory structures must be in conformance with Section 4400.8 of this Chapter. EI (c) Car washes (drive through, mechanical, and self service) provided that: (1) The car wash building shall meet the architectural standards of Section 4400.8 of this Chapter. (2) Car wash stacking space shall be constructed to accommodate the number of vehicles that may be washed in a thirty (30) minute period. (3) Provisions shall be made to control and reduce noise. (d) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 2500 of this Chapter. (e) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters or six (6) feet seven (7) inches in diameter, as regulated by Section 2500 of this Chapter. (f) Commercial planned unit development as regulated by Section 2700 of this Chapter. (g) Day Care Facilities as regulated by Section 1700 of this Chapter. (h) Drive-throuqh service lanes A drive through service land accessory to any permitted or conditionally permitted business or use shall be allowed only if the following additional criteria are satisfied: (1) Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane Where multiple service lanes are provided the minimum automobile stacking may be reduced to sixty (60) feet per lane (2) The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on site traffic circulation or access to required parking spaces (3) No part of the public street or boulevard may be used for stacking of automobiles. (4) The stacking lane order board intercom and window placement shall be designed and located in such a manner as to minimize glare as to adjacent premises particularly residential premises and to maximize maneuverability of vehicles on the site (5) The drive through lanes shall be screened from view of adjoining residential zoning districts and public street rights -of -way. 5 (6) Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic noise and alare. 17) A lighting and photometric plan will be required that illustrates that drive through service lane lighting shall comply with Section 1000.10 of this Chapter. (i) Motor Fuel Station, provided that: (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Adequate space shall be provided to access fuel pumps and allow maneuverability around fuel pumps. (3) Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations that do not conflict with circulation, access or other activities. (4) Landscaping and screening not less than ten (10) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (5) Parking or gas pump queuing areas shall be screened from view of abutting "R" Districts in compliance with Section 1000.7 of this Chapter. (6) Provisions are made to control and reduce noise consistent with Minnesota Pollution Control standards. (7) The operation shall be responsible for daily litter control on the site. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. (8) Wherever fuel pumps are to be installed, pump islands shall be installed. a. Pump islands shall be elevated six (6) inches above the traveled surface of the site. b. All pump islands shall be at least thirty (30) feet back from any property line. C. The outer edge of any canopy shall be set back at least twenty (20) feet from any property lines. C.1 d. The canopy shall not exceed eighteen (18) feet in height and must provide a minimum of fourteen (14) feet of clearance to accommodate a semi -trailer truck passing underneath. e. The canopy fascia shall not exceed three (3) feet in vertical height. Canopy lighting shall consist of canister spotlights recessed into the canopy. extend below the No portion of the light source or fixture may bottom face of the canopy. (i) Motor vehicle sales leasing/rental service and repair provided that (1) The minimum lot area shall be four (4) acres The minimum lot width shall be one hundred fifty (150) feet (2) The outdoor sales lot must have a principal building The principal building and any accessory buildings or structures shall meet the architectural standards of Section 4400.8 of this Chapter. (3) The outdoor sales lot shall be set back ten (10) feet from any lot line. The sales lot shall be curbed and landscaped to prevent vehicle encroachment into any setback (4) The outdoor storage of waste material debris refuse damaged vehicles, and sunk vehicles parts and the like shall be contained within a specifically defined area of the site no greater than ten (10) percent of the total site area. Said area must be located in the rear Vard and encompassed by_a minimum six (6) foot high screened security fence Said fence must -be accompanied by landscape plantings along all sides which face adioining properties Areas intended for the storage of damaged vehicles that may result in the loss of motor vehicle fluids (i.e.. gasoline, oil, antifreeze transmission fluid battery acid etc) shall be designed to prevent the infiltration or drainage of these fluids into area soils or storm water runoff and prevent the deterioration of parking and storage area surfaces (5) The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited (6) In addition to the required parking for the principal building or activities, one (1) off-street parking stall for every two thousand (2,000) square feet of outdoor motor vehicle sales area shall be required Areas used for outdoor sales shall be separated from the required off-street parking stalls. The required off-street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use. (7) All parking shall comply with the performance standards of Section 1200 of this Chapter. (8) The entire site shall have a drainage system which shall be subject to City Engineer approval (9) All lightinq shall be hooded Ninety (90) degree cut off lighting that directs lighting downward away from the public rights of way and so that no light or glare shines on adjacent property buildings or structures 00) An enclosed trash handlinq facility shall be provided which conforms with the following provisions-, a. The exterior wall treatment shall have a masonry construction and be similar and/or complement the principal building. b. The enclosed trash receptacle shall be located in the rear yard. C. The trash receptacle must be in an accessible location for trash pick up vehicles d. The trash enclosure must be fully screened and landscaped from view of adjacent properties and the public right-of-way. (k) Outside storage as regulated by Section 1000.16 of this Chapter. (1) Overhead transmission and substation lines in excess of 33KV as regulated by Section 2100 of this Chapter. (m) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Chapter. (n) Transmission pipelines (i.e. pipelines not required for local distributing network) as regulated by Section 2100 of this Chapter. (o) Wind Energy Conservation Systems as regulated by Section 2400 of this Chapter. 4400.5. Prohibited Uses Notwithstandinq any other regulations within any City Code, the following are prohibited uses in a B 3 District- 0 (a) Commercial animal kennels 4400.6. Lot Requirements and Setbacks The following minimum requirements shall be observed in a B-3 District, subject to additional requirements, exceptions and modifications set forth in this Section. (a) Lot Area: None. (b) Lot Width: One Hundred (100) feet. (c) Setbacks: (1) Front Yards: Thirty-five (35) feet. (2) Side Yards: Twenty (20) feet, except not less than thirty-five (35) feet when abutting an "R" District. (3) Rear Yards: Twenty (20) feet, except not less than thirty-five (35) feet when abutting an "R" District. (d) Maximum Site Coverage: Hard surface, including buildings: Eighty (80) percent. 4400.7. Maximum Building Height (a) Principal building/structure: Thirty-five (35) feet. (b) Accessory building/structure: As regulated by Section 1000.4 of this Chapter. 4400.8. Architectural Standards. In the B-3 Zoning District fifty (50) percent of all exterior wall finishes must be constructed of materials containin only brick dimension stone, glass stucco and its replicas woods rock face block or aggregate pre -cast concrete panels. In the B-3 Zonina District anv exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of the total solid surface of all walls. For building walls which face public rights -of -way or abut residential uses, an exposed metal or fiberglass finish shall not exceed fifty (50) percent of the wall area. Any metal finish utilized in the building shall be a minimum of twenty-six (26) gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated harmonious exterior finish materials and treatment. 9 Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of ATTEST: Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE Donald Peterson, Mayor 2003. 10 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 4500, GENERAL BUSINESS DISTRICT, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 4500 (General Business District) of the Albertville Zoning Ordinance is hereby amended by adding the language identified with underlined text. 4500.1. Purpose. The purpose of the B-4 District is to provide for the regulation of high intensity commercial uses located within the historic downtown of the City and other intense commercial areas of the City. 4500.2. Permitted Uses. The following are permitted uses in a B-4 District subject to additional requirements set forth in this Chapter: (a) Adult Uses - Principal as regulated by Section 2800 of this Chapter. (b) Animal clinics (with no overnight care). (c) Bakery goods and baking of goods for retail sales on the premises (d) Essential services as regulated by Section 2100 of this Chapter. (e) Government and public related utility buildings and structures (f) Hospitality business. (q) Office business — clinic. (h) Office business - general. (i) Personnel service. (i) Personal wireless service antennas located upon a public structure including necessary equipment buildings, as regulated by Section 2500 of this Chapter. 147 (k) Public parking garages (1) Recreational business (m) Restaurant - general (n) Retail business (o) Service business - off -site (p) Service business - on -site (g) Tattoo parlors/body piercing (r) Temporary outdoor seasonal sales as regulated by Section 1000.23 of this Chapter. 4500.3. Accessory Uses The following are permitted accessory uses in a B-4 District subject to additional requirements set forth in this Chapter.. (a) Accessory and Secondary Use Antennas with a single support structure not to exceed seventy (70) feet including radio and television receiving antennas, single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Chapter. (b) Adult Uses - Accessory as regulated by Section 2800 of this Chapter. (c) Commercial or business buildings and structures for a use accessory to the principal use provided such use shall not exceed thirty (30) percent of the gross floor space of the principal use. (d) Off-street parking as regulated by Section 1200 of this Chapter, but not including semi -trailer trucks. (e) Off-street loading as regulated by Section 1300 of this Chapter. (f) Open or outdoor display of merchandise for sale or rent as an accessory use, provided that. 0 ) Outdoor display of merchandise connected with the principal use is limited to ten (10) percent of the gross floor area of the principal building or tenant bay as applicable E (2) The use does not take up parking space as required for conformity to this Chapter. (3) The outdoor display area is surfaced with bituminous (4) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing the following: a. Outdoor display area shall be segregated from through Pedestrian circulation by means of temporary fencing bollards ropes, plantings or other methods b._ Minimum clear passage zone for pedestrians at the Perimeter of the outdoor display area shall be at least five (5) feet without interference from narked motor vehicles bollards trees tree pates, curbs stairways trash receptacles street lights parking meters, or the like. 4500.4. Conditional Uses The following are conditional uses in a B-4 District subject to additional requirements set forth in this Chapter. (Requires a conditional use permit as regulated by Section 400 of this Chapter.) (a) Automobile Repair - Major, provided that- (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Landscaping, screening, and buffer yards not less than twenty 20) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (3) Parking or automobile storage space shall be screened from view of abutting rights -of -way or properties in compliance with Section 1000.7 of this Chapter. (4) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for Motor Fuel Stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the property. (5) Provisions are made to control and reduce noise consistent with Minnesota Pollution Control standards. 3 (6) All exterior building materials and construction including those of accessory structures must be in conformance with Section 4500.8 of this Chapter. (7) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. (8) The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC, as amended. (9) All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. (b) Automobile Repair - Minor, provided that- (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Landscaping, screening, and buffer yards not less than twenty (20) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (3) Parking or automobile storage space shall be screened from view of abutting rights -of -way or properties in compliance with Section 1000.7 of this Chapter. (4) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for Motor Fuel Stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the property. (5) Provisions are made to control and reduce noise consistent with Minnesota Pollution Control standards. (6) All exterior building materials and construction including accessory structures must be in conformance with Section 4500.8 of this Chapter. (c) Buildings combining residential and non-residential uses allowed in this District, provided that: Gt 150 (1) Residential and non-residential uses shall not be contained on the same floor. (2) The residential and non-residential uses shall not conflict in any manner. (d) Car washes (drive through, mechanical, and self service) provided that- (1) The car wash building shall meet the architectural standards of Section 4500.8 of this Chapter. (2) Car wash stacking space shall be constructed to accommodate the number of vehicles that may be washed in a thirty (30) minute period. (3) Provisions shall be made to control and reduce noise. (e) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 2500 of this Chapter. (f) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters or six (6) feet seven (7) inches in diameter, as regulated by Section 2500 of this Chapter. (g) Commercial planned unit development as regulated by Section 2700 of this Chapter. (h) Day Care Facilities as regulated by Section 1700 of this Chapter. W Drive through service lanes A drive through service land accessory to any permitted or conditionally permitted business or use shall be allowed only if the following additional criteria are satisfied- (1) Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane Where multiple service lanes are provided the minimum automobile stacking may be reduced to sixty (60) feet per lane (2) The stacking lane and its access must be designed to control traffic in_a manner to protect the buildings and will not interfere with on site traffic circulation or access to required parking spaces (3) No part of the public street or boulevard may be used for stacking of automobiles. 61 (4) The stacking lane order board intercom and window placement shall be designed and located in such a manner as to minimize -glare as to adtacent premises particularly residential premises and to maximize maneuverability of vehicles on the site (5) The drive through lanes shall be screened from view of adioining residential zoning districts and public street rights -of -way. (6) Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic noise and glare (7) A lighting and photometric plan will be required that illustrates that drive through service lane lighting shall comply with Section 1000.10 of this Chapter. (j) Motor Fuel Station, provided that: (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Adequate space shall be provided to access fuel pumps and allow maneuverability around fuel pumps. (3) Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations that do not conflict with circulation, access or other activities. (4) Landscaping, screening, and buffer yards not less than ten (10) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (5) Parking or gas pump queuing area shall be screened from view of abutting "R" Districts in compliance with Section 1000.7 of this Chapter. (6) Provisions are made to control and reduce noise consistent with Minnesota Pollution Control standards. (7) The operation shall be responsible for daily litter control on the site. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. (8) Wherever fuel pumps are to be installed, pump islands shall be installed. a. Pump islands shall be elevated six (6) inches above the traveled surface of the site. 0 b. All pump islands shall be at least thirty (30) feet back from any property line. C. The outer edge of any canopy shall be set back at least twenty (20) feet from any property lines. d. The canopy shall not exceed eighteen (18) feet in height and must provide a minimum of fourteen (14) feet of clearance to accommodate a semi -trailer truck passing underneath. e. The canopy fascia shall not exceed three (3) feet in vertical height. f. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. (k) Overhead transmission and substation lines in excess of 33KV as regulated by Section 2100 of this Chapter. (1) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Chapter. (m) Transmission pipelines (i.e. pipelines not required for local distributing network) as regulated by Section 2100 of this Chapter. (n) Wind Energy Conservation Systems as regulated by Section 2400 of this Chapter. 4500.5. Prohibited Uses. Notwithstanding any other regulations within any City Code, the following are prohibited uses in a B-4 District. (a) Commercial animal kennels. 4500.6. Lot Requirements and Setbacks The following minimum requirements shall be observed in a B-4 District subject to additional requirements, exceptions and modifications set forth in this Chapter. (a) Lot Area: None. (b) Lot Width: None. (c) Setbacks: 7 (1) Front Yard: None. (2) Side Yard: Twenty (20) feet abutting an "R" District. (3) Rear Yard: Twenty (20) feet. (d) Maximum Lot Coverage. _Hard surface including Buildings: eighty-five (85) percent of the lot area. 4500.7. Maximum Buildinq Height (a) Principal building/structure: Thirty-five (35) feet. (b) Accessory building/structure: As regulated by Section 1000.4 of this Chapter. 4500.8. _Architectural Standards In the B-4 Zoninq District fifty (50) percent of all exterior wall finishes must be constructed of materials containing only brick dimension stone, glass stucco and its replicas woods rock face block or aaaregate pre -cast concrete panels. In the B-4 Zoning District any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of the total solid surface of all walls. For buildinq walls which face public rights -of -way or abut residential uses, an exposed metal or fiberglass finish shall not exceed fiftv (50) percent of the wall area. Any metal finish utilized in the building shall be a minimum of twenty-six (26) gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated harmonious exterior finish materials and treatment. Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of CITY OF ALBERTVILLE Donald Peterson, Mayor 2003. Es7 ATTEST: Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 4501, BUSINESS WAREHOUSING DISTRICT, OF THE ALBERTVILLE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section 4501 (Business Warehousing District) of the Albertville Zoning Ordinance is hereby amended by adding the language identified with underlined text. 4501.1. Purpose. The purpose of the B-W District is to provide for the establishment of wholesale and retail trade of large volumes or bulk commercial items, showrooms, storage and warehousing. The overall character of the B-W District is intended to be transitional in nature, thus industrial uses allowed within this District shall be limited to those that can compatibly exist adjacent to commercial and lower density activities. 4501.2. Permitted Uses. The following are permitted uses in the B-W District subject to additional requirements set forth in this Chapter: (a) Adult Uses - Principal as regulated by Section 2800 of this Chapter. (b) Animal clinics with overnight care (c) Animal kennels. (d) Bakery goods and baking of goods for retail sales on the premises (e) Building material sales. (f) Cartage and express facilities (g) Essential services as regulated by Section 2100 of this Chapter. (h) Government and public utility buildings and structures 0) Hospitality business. (j) Landscape/nursery. (k) Office business - clerical (1) Office business — general (m) Personal wireless_ service antennas located upon a public structure including necessary equipment buildings as regulated by Section 2500 of this Chapter. (n) Public parking garage. (o) Radio and television stations (p) Recreational business. (q) Research laboratories (r) Retail and wholesale showrooms (s) Service business — off -site (t) Service business - on -site (u) Warehousing. (v) Wholesale business. 4501.3. Accessory Uses. The following are permitted accessory uses in a B-W District subject to additional requirements set forth in this Chapter: (a) Accessory and Secondary Use Antennas with a single support structure not to exceed seventy (70) feet including radio and television receiving antennas, single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Chapter. (b) Adult Uses - Accessory as regulated by Section 2800 of this Chapter. (c) Commercial or business buildings and structures for a use accessory to the principal use provided such use shall not exceed thirty (30) percent of the gross floor space of the principal use or tenant bay, as applicable. E (d) Off-street parking as regulated by Section 1200 of this Chapter, but not including semi -trailer trucks. (e) Off-street loading as regulated by Section 1300 of this Chapter. (f) Open or outdoor display of merchandise for sale or rent as an accessory use, provided that 0) Outdoor display connected with the principal use is limited to twenty (20) percent of the gross floor area of the principal building or tenant bay, as applicable. (2) The use does not take up parking space as required for conformitv to this Chapter. (3) The outdoor display area is surfaced with bituminous (4) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor display area by providing the following a. Outdoor display area shall be segregated from through Pedestrian circulation by means of temporary fencing bollards ropes, plantings or other methods b. Minimum clear passage zone for pedestrians at the Perimeter of the outdoor display area shall be at least five (5) feet without interference from parked motor vehicles bollards trees tree pates, curbs stairways trash receptacles street lights parking meters, or the like 4501.4. Conditional Uses The following are conditional uses in a B-W District subject to additional requirements set forth in this Chapter. (Requires a conditional use permit as regulated by Section 400 of this Chapter.) (a) Automobile Repair - Major, provided that: (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Landscaping, screening, and buffer yards not less than twenty (20) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. 3 (3) Parking or automobile storage space shall be screened from view of abutting rights -of -way or properties in compliance with Section 1000.7 of this Chapter. (4) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for Motor Fuel Stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the site. (5) Provisions are made to control and reduce noise consistent with Minnesota Pollution Control standards. (6) All exterior building materials and construction including those of accessory structures must be in conformance with Section 4400.8 of this Chapter. (7) All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. (8) The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC, as amended. (9) All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. (b) Automobile Repair - Minor, provided that- (1) The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty (150) feet. (2) Landscaping and screening not less than ten (10) feet in width shall be provided at the boundaries abutting an "R" District in compliance with Section 1000.7 of this Chapter. (3) Parking or automobile storage space shall be screened from view of abutting rights -of -way or properties in compliance with Section 1000.7 of this Chapter. (4) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Chapter for Motor Fuel 112 Stations shall apply. These standards and requirements are, however, in addition to other requirements that are imposed for other uses of the property. (5) Provisions are made to control and reduce noise. (6) All exterior building materials and construction including accessory structures must be in conformance with Section 4501.8 of this Chapter. (c) Car washes (drive through, mechanical, and self service) provided that- (1) The car wash building shall meet the architectural standards of Section 4501.8 of this Chapter. (2) Car wash stacking space shall be constructed to accommodate the number of vehicles that may be washed in a thirty (30) minute period. (3) Provisions shall be made to control and reduce noise consistent with Minnesota Pollution Control standards. (d) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 2500 of this Chapter. (e) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters in diameter or six (6) feet seven (7) inches, as regulated by Section 2500 of this Chapter. (f) Commercial planned unit development as regulated by Section 2700 of this Chapter. (g) Day Care Facilities as regulated by Section 1700 of this Chapter. N Drive -through service lanes A drive through service land accessory to any permitted or conditionally permitted business or use shall be allowed only if the following additional criteria are satisfied: (1) Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane Where multiple service lanes are provided the minimum automobile stacking may be reduced to sixty (60) feet per lane (2) The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on site traffic circulation or access to required parking spaces 5 (3) No part of the public street or boulevard may be used for stacking of automobiles. (4) The stacking lane order board intercom and window placement shall be designed and located in such a manner as to minimize glare as to adjacent premises particularly residential premises and to maximize maneuverability of vehicles on the site (5) The drive through lanes shall be screened from view of adioining residential zoning districts and public street rights -of -way. (6) Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic noise and glare (7) A lighting and photometric plan will be required that illustrates that drive through service lane lighting shall comply with Section 1000 10 of this Chapter. (i) Limited, enclosed service, processing, or manufacturing activity accessory to a B-W permitted use or conditional use within this section, provided that: (1) Such use does not constitute more than fifty (50) percent of the gross floor area of the principal use. (2) Adequate off-street parking and off-street loading in compliance with the requirements of Sections 1200 and 1300 of this Chapter is provided. (3) All signing and informational or visual communication devices shall be in compliance with the provisions of the City Code relating to signs. (4) The provisions of Section 400.2(f) of this Chapter are considered and satisfactorily met. (i) Motor vehicle sales leasinq/rental service and repair provided that.- (1) The minimum lot area shall be four (4) acres The minimum lot width shall be one hundred fifty (150) feet (2) The outdoor sales lot must have a principal building The principal building and anv accessory buildinqs or structures shall meet the architectural standards of Section 4400.8 of this Chapter. (3) The outdoor sales lot shall be set back ten (10) feet from any lot line. The sales lot shall be curbed and landscaped to prevent vehicle encroachment into any setback A 161 (4) The outdoor storage of waste material debris refuse damaged vehicles, and junk vehicles parts and the like shall be contained within a specifically defined area of the site no greater than ten (10) percent of the total site area. Said area must be located in the rear yard and encompassed by a minimum six (6) foot high screened security fence Said fence must be accompanied by landscape plantings along all sides which face adioining properties. Areas intended for the storage of damaged vehicles that may result in the loss of motor vehicle fluids (i e gasoline, oil, antifreeze, transmission fluid, battery acid etc.) shall be designed to prevent the infiltration or drainage of these fluids into area soils or storm water runoff and prevent the deterioration of parking and storage area surfaces. (5) The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited. (6) In addition to the required parking for the principal building or activities, one (1) off-street parking stall for every two thousand (2,000) square feet of outdoor motor vehicle sales area shall be required. Areas used for outdoor sales shall be separated from the required off-street parking stalls. The required off-street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use. (7) All parking shall comply with the performance standards of Section 1200 of this Chapter. (8) The entire site shall have a drainage system which shall be subiect to City approval (9) All lighting shall be hooded Ninety (90) degree cut off lighting that directs lighting downward away from the public rights -of -way and so that no light or -glare shines on adjacent property, buildings or structures. (10) An enclosed trash handlinq facility shall be provided which conforms with the following provisions: a. The exterior wall treatment shall be of masonry construction and similar and/or complement the principal building. b. The enclosed trash receptacle shall be located in the rear yard. C. The trash receptacle must be in an accessible location for trash pick up vehicles. d. The trash enclosure must be fully screened and landscaped from view of adjacent properties and the public right-of-way (k) Open or outdoor service sale and rental as a principal or accessory use in excess of twenty (20) percent of the floor area of the principal use provided that- (1) Outside services sales and equipment rental connected with the principal use is limited to fifty (50) percent of the gross floor area of the principal use. (2) Outside sales area are fenced and screened from view of neighboring residential uses or an abutting "R" District in compliance with Section 1000.7 of this Chapter. (3) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring Properties and shall be in compliance with Section 1000 10 of this chapter. (4) The use does not take up parking space as required for conformity to this Chapter. (5) Sales area is paved. (6) The provisions of Section 400 2(f) of this Chapter are considered and satisfactorily met. (1) Outside storage as regulated by Section 1000.16 of this Chapter. (m) Overhead transmission and substation lines in excess of 33KV as regulated by Section 2100 of this Chapter. (n) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Chapter. (o) Transmission pipelines (i.e. pipelines not required for local distributing network) as regulated by Section 2100 of this Chapter. (p) Wind Energy Conservation Systems as regulated by Section 2400 of this Chapter. 4501.5. Prohibited Uses. Notwithstanding any other regulation within the City Code, the following are prohibited uses in a B-W District - (a) None. 0 4501.6. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a B-W District subject to additional requirements, exceptions and modifications set forth in this Chapter. (a) Lot Area: Twenty thousand (20,000) square feet. (b) Lot Width: One hundred (100) feet. (c) Setbacks: (1) Front Yard: Not less than thirty (30) feet. (2) Side Yard: a. Not less than twenty (20) feet on any one side, nor less than thirty (30) feet on the side yard abutting a street. b. Side yards abutting an "R" District: Not less than thirty (30) feet on the side yard abutting an "R" District, nor less than twenty (20) feet on the other side yard. (3) Rear Yard: Not less than thirty (30) feet. (d) Maximum Site Coverage: (1) Hard Surface, Including Buildings: Eighty (80) percent. 4501.7. Maximum Building Height (a) Principal Building: Thirty-five (35) feet. (b) Accessory Building: Per Section 1000.4 of this Chapter. 4501.8. Architectural Standards. In the B-W Zoning District fifty (50) percent of all exterior wall finishes must be constructed of materials containing only brick dimension stone, glass, stucco and its replicas woods rock face block or aggregate pre -cast concrete panels. In the B-W Zoning District any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of the total solid surface of all walls. For building walls which face public rights -of -way or abut residential uses, an exposed metal or fiberqlass finish shall not exceed fifty (50) percent of the wall area. Any metal finish utilized in the buildinq shall be a minimum of twenty-six (26) 9 gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated harmonious exterior finish materials and treatment. Section 2. Effective Date. This amendment shall be in full force and effect immediately following its passage and publication. APPROVED by the Albertville City Council this day of 2003. ATTEST: : Bridget Miller, Deputy Clerk CITY OF ALBERTVILLE Donald Peterson, Mayor IN CONTRACT FOR PRIVATE DEVELOPMENT By and Between CITY OF ALBERTVILLE, MINNESOTA and DONALD G. BARTHEL AND BETTY L. BARTHEL Dated as of: January 19,1998 DJG137106 AL141-26 TABLE, OF CONTENTS ARTICLE I Definitions Section 1.1. Definitions ......................................................2 ARTICLE II Representations and Warranties Section 2.1. Representations by the City..............................................................................................4 Section 2.2. Representations and Warranties by the Developer..........................................................4 ARTICLE III Acquisition and Conveyance of Property; Assessments and Land Acquisition Section 3.1. Status of the Development Property...............................................................................6 Section 3.2. Site Improvements...........................................................................................................6 Section 3.3. Financing of Site Improvements......................................................................................6 Section3.4. City Costs........................................................................................................................7 Section3.5. Records............................................................................................................................7 Section3.6. Soil Conditions..................................................................................:.............................7 Section 3.7. Business Subsidy Agreement..........................................................................................8 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements.......................................................................9 Section4.2. Construction Plans...........................................................................................................9 Section 4.3. Commencement and Completion of Construction.......................................................10 Section 4.4. Certificate of Completion..............................................................................................10 ARTICLE V Insurance and Condemnation Section5.1. Insurance........................................................................................................................11 ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes................................................................................13 Section 6.2. Use of Tax Increments..................................................................................................13 DJG137106 AL141-26 1 ARTICLE VII Mortgage Financing Section 7.1. Mortgage Financing.................................................................. .............14 ........................ Section 7.2. City's Option to Cure Default on Mortgage..................................................................14 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development........................................................... ........15 ............. Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement............................................................................15 Section 8.3. Release and Indemnification Covenants.......................................................................16 ARTICLE IX Events of Default Section 9.1. Events of Default Defined.............................................................................................18 Section 9.2. Remedies on Default..............................................................................................:......18 Section 9.3. No Remedy Exclusive.................................................................... .....18 .......................... Section 9.4. No Additional Waiver Implied by One Waiver............................................................18 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; City Representatives Not Individually Liable ............................ Section 10.2. Equal Employment Opportunity ..................... Section 10.3. Restrictions on Use .......................................... Section 10.4. Provisions Not Merged With Deed ................. Section 10.5. Titles of Articles and Sections ........................ Section 10.6. Notices and Demands ...................................... Section 10.7. Counterparts.................................................... Section 10.8. Recording......................................................... Section 10.9. Choice of Law & Venue .................................. EXHIBIT A Description of Property EXHIBIT B Certificate of Completion DJG137106 AL141-26 ............................................................19 ............................................................19 ............................................................19 ............................................................19 ............................................................19 ............................................................19 ............................................................20 ............................................................20 ............................................................20 ff 168 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made on or as of the 19th day of January, 1998, by and between THE CITY OF Albertville, MINNESOTA, a municipal corporation, under the laws of Minnesota (the "City") and Donald G. Barthel and Betty L. Barthel (collectively, the 'Developer"). WITNESSETH: WHEREAS, pursuant Minnesota Statutes, Sections 469.124 through 469.134 (the "Act"), the City has undertaken a program to promote economic development and job opportunities and to promote the development of land which is underutilized within the City, and in this connection created the Development District No. 1 (hereinafter referred to as the 'Project") in an area (hereinafter referred to as the 'Project Area") located in the City and a Tax Increment Financing District No. 9 (the "TIF District") within the Project Area, all pursuant to the Act and Minnesota Statutes, Sections 469.174 to 469.179; and WHEREAS, the City is authorized to undertake certain activities to prepare such real property for development by private enterprise; and WHEREAS, in order to achieve the objectives of the Project Plan the City is prepared to reimburse certain land acquisition and development costs of the Project, in order to bring about development in accordance with the Development Plan and this Agreement; and WHEREAS, the City believes that the development of the Project Area pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: DJG137106 AL141-26 ARTICLE I Section I.I. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "City" means the City of Albertville, Minnesota. "Certificate of Completion" means the certification provided to the Developer pursuant to Section 4.4 of this Agreement. "City Development District Act" or "Act" means Minnesota Statutes, Sections 469.124 through 469.134, as amended. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed on the Development Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following: (1) site plan; (2) landscape plan; and (3) such other plans or supplements to the foregoing plans as the City may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. The Construction Plans for any building to be constructed on the Development Property shall additionally include the following: (1) foundation plan; (2) basement plans; (3) floor plan for each floor; (4) cross sections of each (length and width); and (6) elevations (all sides); "County" means the County of Wright, Minnesota. "Developer" means Donald G. Barthel and Betty L. Barthel, or their permitted successors and assigns. "Development Property" means the real property described as such in Exhibit A of this Agreement. After construction of the Minimum Improvements, the term means the Development Property as improved. "Development Plan" means the City's Project Plan for Development District No. 1, as amended, and as it may be further amended. "Event of Default" means an action by the Developer listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. DJG137106 AL141-26 2 "Minimum Improvements" means construction of an approximately 9,990 square foot bus warehousing facility. "Mortgage" means any mortgage made by the Developer which is secured, in whole or in part, with the Development Property and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Project" means the City's Development District No. 1. "Project Area" means the real property located within the boundaries of the Project. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Development Property and which is remitted to the City as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended. "Tax Increment District" or "TIF District" means the City's Tax Increment Financing District No. 9. "Tax Increment Plan" or "TIF Plan" means the City's Tax Increment Financing Plan for Tax Increment Financing District No. 9, as approved November 3, 1997 and as may amended. "Tax Official" means any County assessor, County auditor, County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Termination Date" means the earlier of February 1, 2008, or the date on which the Developer has been fully reimbursed for the Site Improvement Costs (as defined in Section 3.2 of this Agreement) in accordance with the terms and conditions of this Agreement. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum hmprovements by the dates such construction is required under Section 4.3 of this Agreement. DJG137106 AL141-26 3 ARTICLE II Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the City are undertaken for the purpose of fostering the development of certain real property which for a variety of reasons is presently unutilized and underutilized, and for the purpose of promoting economic development and the creation of employment opportunities. Section 2.2. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Developer will cause to be constructed, operated, and maintained the Minimum Improvements in accordance with the terms of this Agreement, the Development Plan, and all local, state, and federal laws and regulations (including, but not limited to, environmental, zoning, building code, and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state, or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or conununications of which the City is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state, or federal environmental law, regulation or review procedure. (d) The Developer will cause the Minimum Improvements to be constructed in accordance with all local, state, or federal energy -conservation laws or regulations. (e) The Developer will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (q Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by, or conflicts with or results in a breach of the DJG137106 AL141-26 al terms, conditions, or provisions of any restriction or any evidences of indebtedness, agreement, or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (g) Whenever any Event of Default occurs and if the City shall employ attorneys or incur other expenses for the collection of payments due or to become due, or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer agrees that it shall, within ten days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. (h) The proposed development by the Developer hereunder would not occur but for the tax increment financing assistance being provided by the City hereunder. DJG137106 AL141-26 ARTICLE III Section 3.1. Status of the Development Pry. As of the date of this Agreement, the Developer owns the Development Property. The City shall have no obligations to acquire the Development Property or any interest therein. Section 3.2. Site Improvement . (a) In order to make development of the Minimum Improvements economically feasible, the City will reimburse the Developer, in the manner set forth herein, for up to $69,858 of the Site Improvement Costs, hereby defined as the costs of grading, excavation, landscaping, soil corrections, installation of sanitary sewer, water, and storm sewer utilities, and construction of streets, curbs, and parking facilities (the "Site Improvements"); provided that all such costs are incurred by the Developer and designed to serve the Minimum Improvements. In no case shall the City reimburse the Developer for more than $69,858 of the Site Improvement Costs incurred by the Developer. Any Site Improvement Costs in excess of this amount shall be the responsibility of the Developer. The City shall have no obligation to the Developer or to any third party with respect to any defects in the construction of improvements financed or reimbursed by the City pursuant to this Agreement. (b) Subject to the terms and conditions of this Agreement, including without limitation the City's superior rights to tax increment pursuant to Section 3.4 of this Agreement, the City will reimburse the Developer for the Site Improvements Costs. Section 3.3. Financing of Site I mnrovements. (a) The Site Improvement Costs will be paid, without interest, by the City to the Developer in semi-annual installments payable on each February 1 and August 1 ("Payment Dates") commencing August 1, 1999 and concluding no later than the Termination Date. These payments will be made from Available Tax Increment as defined in this Section 3.3 and from no other source. (b) The term "Available Tax Increment" means 99.90 percent of the Tax Increment generated with respect to the Development Property as calculated by the County and paid to the City during the six months preceding any Payment Date. (c) If on any Payment Date there is available to the City insufficient Available Tax Increment to pay the amounts due on such date, the amount of such deficiency shall be deferred and shall be paid, without interest thereon, on the next Payment Date on which the City has available to it Available Tax Increment in excess of the amount necessary to pay the amount due on such Payment Date. (d) The City shall have no obligation to pay any portion of the Site Improvement Costs that remains unpaid after the Termination Date. The City may prepay the Site Improvement Costs at any time. DJG137106 AL141-26 V, (e) The City shall not be obligated to make any payment under this Section if. (i) there is an Event of Default on the Developer's part under this Agreement that has not been cured as of the Payment Date; or (ii) the Developer has failed to comply with the payment procedures described in paragraph (f) herein. (0 At least 30 days before the first Payment Date, the Developer must submit to the City a payment request certificate signed by its duly authorized representative stating that the Developer has paid Site Improvement Costs in an amount that equals at least $69,858, and that no Event of Default has occurred and is continuing under this Agreement. The first payment request certificate must be accompanied by a certificate of a project engineer or other project supervisor showing in adequate detail that the Site Improvement Costs have been incurred and paid by the Developer. (g) The City makes no warranties or representations that Available Tax Increment will be sufficient to pay the Site Improvement Costs. The Developer agrees and understands that Available Tax Increment is subject to calculation by the County and change in State law, and that a significant portion of Site Improvement Costs may remain unpaid after the Termination Date. The Developer further agrees and understands that TIF estimates provided by the City, and its agents, officers, or employees, are estimates only and not intended for the Developer's reliance. (h) The Developer agrees and acknowledges that its right to any Available Tax Increment pursuant to this Agreement is subordinate to the City's rights to reimbursement of City Costs set forth in Section 3.4. Section 3.4. City C'ostc• (a) In order to reimburse itself for $17,465 of the costs of sidewalk, trail, and drainage improvements (the "City Costs") to be incurred by the City within the Project, the City shall on every Payment Date retain 50% of Available Tax Increment. No interest shall accrue on incurred but unpaid City Costs. (b) If the actual amount of the City Costs is less than $17,465, the terms of this Section 3.4 shall apply to such lesser amount. (c) The City's rights under this Section 3.4 shall terminate after the City has been fully reimbursed for the City Costs. Section 3.5. Records. The City may at all reasonable times, after reasonable notice, inspect, examine and copy all books and records of the Developer relating to the Minimum Improvements. The Developer shall use its best efforts to cause the contractor or contractors, all subcontractors, and their agents and lenders to make their books and records relating to the Site Improvements available to the City upon reasonable notice, for inspection, examination and audit. These records shall be kept and maintained by the Developer for a period of four years following completion of construction of the Site Improvements. Section 3.6. Soil Conditions. Except as set forth in the Purchase Agreement, the Developer DJG137106 AL141-26 7 acknowledges that the City makes no representations or warranties as to the condition of the soils on the Development Property or its fitness for construction of the Minimum Improvements or any other purpose for which the Developer may make use of the Development Property, provided further that in any event the Developer further agrees that it will indemnify, defend, and hold harmless the City, and its governing body members, officers, agents, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property. Section 3.7. Business SuhsidV Agreement. The provisions of this Section 3.7 constitute the "business subsidy agreement" for the purposes of the Business Subsidy Act. (a) General Terms. The parties agree and represent to each other as follows: (1) The subsidy provided to the Developer includes the Available Tax Increment paid to the Developer for Site Improvement Costs, which disbursement represents a forgivable loan that is repayable by the Developer in accordance with this Section. The Available Tax Increment is payable from a portion of the Tax Increments from the TIF District, an economic development tax increment financing district. (2) The public purposes of the subsidy are to promote development of a warehousing facility in the City, generate spin-off development at a key location in the City, increase net jobs in the City and the State, -and increase the tax base of the City and the State. (3) The goals for the subsidy are: to secure development of the Minimum Improvements on the Development Property; to maintain such improvements as a warehousing facility for at least five years as described in clause (6) below; and to create the jobs and wage levels in accordance with Section 3.7(b) hereof. (4) If the goals described in clause (3) are not met, the Developer must make the payments to the City described in Section 3.7(c). (5) The subsidy is needed because the Land Acquisition and Site Improvements costs make development of the Minimum Improvements financially infeasible without public assistance, all as determined by the City upon approval of the TIF Plan. (6) The Developer must continue operation of the Minimum Improvements as a warehousing facility for at least five years after the date of issuance of the Certificate of Completion. DJG137106 AL! 41-26 (7) The Developer does not have a parent corporation. 93 (8) The Developer has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Development Property or the Minimum Improvements. (b) Job and Wage Goals. The Developer represents and warrants that: (1) Within two years after the date of issuance of the certificate of completion of the Minimum Improvements (the "Compliance Date"), the Developer shall cause to be created at least 1 new full-time equivalent job on the Development Property (excluding any jobs previously existing in the State as of the date of this Agreement and relocated to this site) and shall cause the wages for all employees on the Development Property to be no less than $10.00 per hour, exclusive of benefits. The City may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the. City's legislative discretion regarding this matter. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Developer's continuing obligations under Sections 3.7(a)(6) and 3.7(d). (2) In addition to and not in limitation of the provisions of Section 3.7(b)(1), the wages for at least ninety percent (90%) of all employees on the Development Property must at all times prior to the Termination Date be at least equal to one -hundred sixty percent (160%) of the federal minimum wage for individuals over the age of twenty. (c) Remedies. If the Developer fails to meet the goals described in Section 3.7(a)(3), the Developer shall repay to the City upon written demand from the City: (1) a "pro rata share" of the amount of any Available Tax Increment disbursed to the Developer for Land Acquisition and Site Improvement Costs under Section 3.3 hereof, (2) interest on the amount in clause (a) at the greater of either percent (8.00%) or the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the date of issuance of the certificate of completion to the date of payment; and (3) any other costs, fees, fines, penalties, reimbursements, or other expenditures made by the City (including but not limited to attorneys fees) because of the Developer's failure to meet the goals contained in this Section 3.7, including but not limited to any failure to maintain the Minimum Improvements as a "qualified manufacturing facility" (as defined by Minnesota Statutes, Section 469.176, subdivision 7) at all times prior to the Termination Date. For purposes of Section 3.7(c)(1), the term "pro rata share" means percentages calculated as follows: (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (ill) if the failure relates to maintenance of the Minimum Improvements in accordance with Section 3.7(a)(6), 60 less the number of months the Minimum DJG137106 AL141-26 0 Improvements were operated in accordance with Section 3.7(a)(6) (where any month in which the Minimum Improvements is in operation for at least 15 days constitutes a month of operation), commencing on the date of the Certificate of Completion and ending with the date the Minimum Improvements ceases operation in accordance with Section 3.7(a)(6), as determined by the City Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall be construed to limit the City's remedies under Article VIII hereof. In addition to the remedy described in this Section and any other remedy available to the City for failure to meet the goals stated in Section 3.7(a)(3), the Developer agrees and understands that it may not a receive a business subsidy from the City or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Developer satisfies its repayment obligation under this Section, whichever occurs first. (d) Reports. The Developer must submit to the City a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2004 and continuing until the later of (1) the date the goals stated Section 3.7(a)(3) are met; (ii) 30 days after expiration of the five-year period described in Section 3.7(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.7(c). The report must comply with the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. DJG137106 AL141-26 10 ARTICLE IV Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will cause to be constructed the Minimum Improvements on the Development Property in accordance with the approved Construction Plans, and at all times prior to the Termination Date will operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved, and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Constniction Plans. (a) Before becoming entitled to any payment of Available Tax Increment, the Developer shall submit to the City Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the Development Plan, this Agreement, and all applicable State and local laws and regulations. The City will approve the Construction Plans in writing if. (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Development Plan; (ill) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds available to the Developer for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. Approval may be based upon a review by the City's Building Official of the Construction Plans. No approval by the City shall relieve the Developer of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the City shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the City. If the City rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within 30 days after written notification to the Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. The City's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to the City's satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any material change in the Construction Plans after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the City shall approve the proposed change and notify the Developer in writing DuG137106 AL141-26 of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City unless rejected, in whole or in part, by written notice by the City to the Developer, setting forth in detail the reasons therefore. Such rejection shall be made within ten (10) days after receipt of the notice of such change. The City's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. In order to commence and complete construction of the Minimum Improvements in a timely fashion, the Developer commenced and completed such construction by December 31, 1997, prior to execution of this Agreement, but did so only in the expectation that the assistance to be provided by the City hereunder would be forthcoming. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property was in conformity with the Construction Plans as submitted by the Developer and approved by the City. Section 4.4. Certificate of C Corm 1 tion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the City will furnish the Developer with the Certificate shown as Exhibit B. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof (b) If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be substantially completed when the Developer has received an occupying permit from the responsible inspecting authority. DJG137106 AL141-26 12 ARTICLE V Section 5.1. Insurance. (a) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses; (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City as additional insured; and (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may, if permitted by law, be self -insured with respect to all or any part of its liability for workers' compensation. (b) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement, each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer either will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Developer will apply the DJG137106 AL141-26 13 Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction, and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. DJG137106 AL141-26 ARTICLE VI Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the City is providing substantial aid and assistance in furtherance of the development. The Developer understands that the tax increment intended to pay expenses of the City and the Developer are derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the City to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the City shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. T Ise of Tax Tncrements. Except for its obligations under this Agreement regarding Available Tax Increment, the City shall be free to use any tax increment received from the Property for any purpose for which such increment may lawfully be used, pursuant to the provisions of Minnesota law, and the City shall have no obligations to the Developer with respect to the use of such increment. DJG137106 AL141-26 15 ARTICLE VII Section 7.1. Mortgage Financing. (a) Before becoming entitled to any payment of Available Tax Increment, the Developer shall submit to the City evidence of one or more commitments for mortgage financing which, together with committed equity for such construction, is sufficient for the acquisition of the Development Property, platting, construction of the public improvements in connection with the plat, and undertaking the Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage financing, a bridge loan with a long term take-out financing commitment, or any combination of the foregoing. Such commitment or commitments for short term or long term mortgage financing shall be subject only to such conditions as are normal and customary in the mortgage banking industry. (b) If the City finds that the mortgage financing is sufficiently committed and adequate in amount to provide for the construction of the Minimum Improvements then the City shall notify the Developer in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within thirty (30) days from the date when the City is provided the evidence of mortgage financing. A failure by the City to respond to such evidence of mortgage financing shall be deemed to constitute an approval hereunder. If the City rejects the evidence of mortgage financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Developer shall submit adequate evidence of mortgage financing within thirty (30) days after such rejection. Section 7.2. C:ity's Option to Cure Default on Mortgage. In the event that there occurs a default under any Mortgage authorized pursuant to this Agreement, the Developer shall cause the City to receive copies of any notice of default received by the Developer from the holder of such Mortgage. Thereafter, the City shall have the right, but not the obligation, to cure any such default on behalf of the Developer within such cure periods as are available to the Developer under the Mortgage documents. DJG137106 AL141-26 16 ARTICLE VIII Section 8.1. Representation as to Development. The Developer represents and agrees that its undertakings pursuant to this Agreement are for the purpose of development of the Development Property and not for speculation in land. Section 8.2. Prohibition Against Developer's Transfer of Property and AssiWi ment of Agreement. The Developer represents and agrees that prior to issuance of the Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to constructing the Minimum Improvements, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, except for any part or portion of the Development Property for which the Developer has received a Certificate of Completion, without the prior written approval of the City unless the Developer remains liable and bound by this Agreement in which event the City's approval is not required. Any such transfer shall be subject to the provisions of this Agreement. (b) In the event the Developer, upon transfer or assignment of the Development Property or any portion thereof, seeks to be released from its obligations under this Agreement as to the portion of the Development Property that is transferred or assigned, the City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such release that: (1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement as to the portion of the Development Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this DJG137106 AL141-26 17 1AF Agreement or agreed to in writing by the City) deprive the City of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the City would have had, had there been no such transfer or change. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by -this Article VIII, shall be in a form reasonably satisfactory to the City. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Development Property that is transferred, assigned or otherwise conveyed. After issuance of the Certificate of Completion for the Minimum Improvements, the Developer may transfer or assign the part or portion of the Development Property for which the Certificate of Completion has been issued without the prior written consent of the City, provided that the transferee or assignee is bound by all the Developer's obligations hereunder. The Developer shall submit to the City written evidence of any such transfer or assignment, including the transferee or assignee's express assumption of the Developer's obligations under this Agreement. If the Developer fails to provide such evidence of transfer and assumption, the Developer shall remain bound by all it obligations under this Agreement. Section 8.3. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants, and employees thereof shall not be liable for, and agrees to defend, indemnify and hold harmless the City and the governing body members, officers, agents, servants, and employees thereof against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or the Development Property. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer agrees to protect and defend the City and the governing body members, officers, agents, servants, and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the DJG137106 AL141-26 19 transactions contemplated hereby, or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements and the Development Property. Without limitation of the foregoing, the Developer agrees to protect and defend the City and the governing body members, officers, agents, servants, and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by the State, its agencies, the County, or any other governmental entity seeking recoupment from or repayment by the City of any Tax Increment paid to or expended by the City pursuant to this Agreement or the existence of the TIF District, and to reimburse the City, to the fullest extent permitted by law, for any Tax Increment recouped by or repaid to any of the foregoing entities. (c) The City and the governing body members, officers, agents, servants, and employees thereof shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Development Property, the Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City and not of any governing body member, officer, agent, servant, or employee of the City in the individual capacity thereof. DJG137106 AL141-26 ARTICLE IX Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder, or under the terms of the Purchase Agreement. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non -defaulting party may exercise its rights under this Section 9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non -defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under this Agreement. (b) Cancel and rescind or terminate this Agreement. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. In addition, the City may withhold issuance of a Certificate of Completion upon a default by the Developer. Section 9.3. No Remedy Exclusives. No remedy herein conferred upon or reserved to the City or Developer in this Agreement or the Option Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. DJG137106 AL141-26 20 ARTICLE X Section 10.1. Conflict of Interests- CitTRenresentatives, Not lndividually T iahlP. The City and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or County or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 10.2. EqualEmplo ent Opportunity.The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in this Agreement it will comply with all applicable federal, state, and local equal employment and non- discrimination laws and regulations. Section 10.3. Restrictions on i Ne. The Developer agrees that the Developer, and its successors and assigns, shall not discriminate upon the basis of race, color, creed, sex, or national origin in the sale, lease, or rental, or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at Don and Betty Barthel, 6000 LaBeaux Avenue NE, Albertville, MN 55301 and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301, Attn: City Administrator; DJG137106 AL141-26 %1 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Re ,ordin . The City may record this Agreement and any amendments thereto with the Wright County recorder. The Developer shall pay all costs for recording. Section 10.9. Choice of Law and V nu . This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. DJG137106 AL141-26 22 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF ALBERTVILLE, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2003 by and , the Mayor and City Administrator of the City of Albertville, Minnesota, on behalf of the City. DJG137106 AL141-26 Notary Public 23 1Q1 DEVELOPER By Its By Its STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2003 by Donald G. Barthel and Betty L. Barthel. DJG137106 AL141-26 Notary Public 24 EXHIBIT A DEVELOPMENT PROPERTY Lot 1, Block 1, Barthel Commercial Park, City of Albertville, Wright County, Minnesota DJG137106 AL141-26 M EXHIBIT B CERTIFICATE OF COMPLETION The undersigned hereby certifies that Donald G. Barthel and Betty L. Barthel (collectively, the 'Developer") has fully complied with its obligations under Articles III and IV of that document titled "Contract for Private Development" dated January 19, 1998, by and between the City of Albertville and the Developer, with respect to construction of the Minimum Improvements in accordance with the Construction Plans, and that the Developer is released and forever discharged from its obligations to construct the Minimum Improvements under Articles III and IV. CITY OF ALBERTVILLE, MINNESOTA By Its Mayor By Its Administrator STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2003 by and the Mayor and Administrator of the City of Albertville, Minnesota, on behalf of the City. Notary Public This document was drafted by: Court & MacArthur Law Office P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 DJG137106 AL141-26 lM c October 27, 2003 Brian Beaudry 7876 LaBeaux Ave. NE. Albertville, MN.55301 763-497-1537 To: Albertville City Council, If the Council accepts this proposal, I hereby agree to farm 18 acres of City land, located north of the Albertville City compost pile, for $65.00 per acre. First half of rent due and payable on December V, 2003, for 2004 rent, and 2°d half due and payable on July V, 2004. I would continue to rent the land each year until the City notifies me otherwise, prior to December V payment of said year. The V half of next year's rent is attached. I would be interested in renting other land owned by the City. Terms negotiable. Thank you for'your consideration. BRIAN AND THERESA BEAUDRY B-360-098-525-837 763-497-1537 7876 LABEAUX AVE. ALBERTVILLE, MN 55301 PAY TO .� E ORDEROF 5 Sincerely, 75-1637/919 252270200 DATE 10- � !-U 3 3520 $ -DOLLARS HIGH LANDW St. MI<na:l, Mlnnssota 55376 (763) 497-2131 ° Albe 11 , MtnnB m 55301 763) 497-3525 Cx— MEMO v A"."4 1:0 9 19 16 3 78l: 2 5 2 2 70 200ile 3 5 20 Vr EL C O M EE TO T e ■l ■ A B E m r � OU I C)OOR A L 8 E R T V I L L E M N W E L O M E -r c, A Lt B E R i V I L L E O A L B E R T V I L L E. MN RESOLUTION #�� A RESOLUTION OF THE CITY OF ALBERTVILLE CONFIRMING THE APPOINTMENT OF LARRY R. KRUSE AS CITY ADMINISTRATOR AND ADOPTING AN EMPLOYMENT AGREEMENT AND PROVIDING AN EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA WHEREAS, the City desires to employ the services of Larry R. Kruse as City Administrator of the City of Albertville; and WHERAS, it is the desire of the City to provide certain benefit, to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the City (1) to secure and retain the services of the City Administrator, and to provide an inducement to remain in such employment, (2) to make possible full work productivity and independence by assuring the City Administrator's morale and peace of mind with respect to future security, and (3) to provide a just means for terminating the City Administrator services at such time that the City may desire to terminate employment; and WHEREAS, Employee desires to be employed as the City Administrator of Albertville; NOW, THEREFORE, In consideration of the mutual covenants the City Council of Baxter, Minnesota hereby authorizes the Mayor to sign on behalf of the City of Albertville the document entitled "City Administrator Employment Agreement" providing for the terms of employment of Larry R. Kruse and setting an effective date of November, 2003. PASSED AND APPROVED this the day of November, 2003 THE CITY OF ALBERTVILLE, MINNESOTA By: Mayor Attest: City Clerk 1GR City of Albertville City Administrator Employment Agreement THIS AGREEMENT, made and entered into this day of November, 2003, by and between the City of Albertville, Minnesota a municipal corporation, hereinafter called "City" as party of the first part, and Larry R. Kruse, hereinafter called "City Administrator", as party of the second part, both parties understand as follows: WHEREAS, the City desires to employ the services of the City Administrator of the City of Albertville; and WHEREAS, it is the desire of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions of said City Administrator; and WHEREAS, it is the desire of the City (1) to secure and retain the services of the City Administrator, and to provide inducement to remain in such employment, (2) to make possible full work productivity and independence by assuring the City Administrator's moral and peace of mind with respect to future security, and (3) to provide a just means for terminating the City Administrator's services at such time that the City may desire to terminate City Administrator's employment; and WHEREAS, the City Administrator desires to be employed as the City Administrator of Albertville; NOW, THEREFORE, In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Powers and Duties of the City Administrator. The City hereby agrees to employ said City Administrator of the City of Albertville to perform the functions and duties as specified in the City Administrator's Job Description, and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2. Term The City Administrator serves at the pleasure of the City and nothing herein shall be taken to imply or suggest a guaranteed tenure. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to resign at any time from this position with the City. The City Administrator agrees to remain the exclusive employee of the City of Albertville, while employed by the City of Albertville. The terms "employed" shall not be construed to include occasional teaching, writing, speaking, or consulting performed on his time off, even if outside compensation is provided for such services. Said activities are expressly allowed, provided that in no case is any activity allowed which would represent a conflict of interest as deemed by the City Council. In the event the City Administrator voluntarily resigns as the City Administrator, then the City Administrator shall give the City of Albertville thirty (30) days advanced notice unless the parties agree otherwise. This Agreement shall remain in full force and effect and hold over until employment is terminated under the terms herein, or a new Agreement has been offered and entered into by the City Administrator and the City of Albertville. Section 3. Salary Effective November , 2003 the City agrees to pay the City Administrator an annual base salary of $75,000 payable in installments at the same time as other employees of the City of Albertville. City agrees to automatically adjust said base salary annually, by an amount equal to or greater than the average percent increase given all other city employees and union contracts. The City Administrator and City agree that the employment position created by this contract is a salaried position that is exempt from the overtime provisions of the Fair Labor Standards Act and similar state law overtime provisions. The City Administrator understands that as a salaried City Administrator, he will be expected to work a minimum of 40 "office" hours per week at the City, in addition to attendance at all City Council meetings and committee meetings in which the City Administrator is required to attend. The City Administrator shall be covered and governed by the same retirement system as all other non-public safety employees. Section 4. Insurance Coverage's and Annual Physical City agrees to cover the cost of the City Administrator's health insurance and life insurance in a manner consistent with other City employees. The City shall reimburse the City Administrator for a $250,000 term life insurance and long-term disability policy with a minimum benefit of 60% of the annual salary, provided the combined reimbursement for said items shall not exceed $1,200.00 annually. The City Administrator shall provide such insurance premium billings to the City on an annual basis prior to reimbursement. Exclusive of these two items the City shall provide the City Administrator with all other insurance benefits available to all other employees. City Administrator agrees to submit once per calendar year to a complete physical examination by a qualified physician paid for by the City. Section 5. Automobile The City shall provide the City Administrator with a $50.00 monthly car allowance payable on or about the first day of each month. Said allowance shall be intended to reimburse City Administrator for local travel only, defined as travel within a ten mile radius of Albertville. All travel outside of this area shall be reimbursed to the City Administrator at the IRS allowable rate then in effect. Section 6. Cell Phone The City agrees to provide a mobile cell phone for business use. The City Administrator may also use the cell phone for personal use, provided such use does not incur charges in addition to the City's existing "minutes package." The City Administrator, may, at his expense, purchase additional time on the City's cell phone for his exclusive personal use. Section 7. Other Benefits All provisions of the Personnel Policy, rules and regulations of the City relating to fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to the City Administrator as they would to all other employees of the City in addition to said amounts enumerated specifically for the benefit of the City Administrator herein. Section 8, Vacation The City Administrator shall accrue vacation prorated biweekly, at a rate of 4.61 hours per bi-weekly pay period (15 days per year) for the first year and at 6.15 hours per bi- weekly pay period (20 days per year) thereafter. Section 9, Professional Development The City agrees to budget for and to pay the professional dues, travel and subsistence expenses of the City Administrator including paying for professional participation and travel to meetings and occasions adequate to continue the City Administrator's professional development. Said participation on City time to include, the League of Cities, International City/County Management Association, Minnesota Municipal Clerks and Finance Officers Association and such other committees thereof which the City Administrator serves as a member, as well as associated short courses, continuing education, and seminars. Attendance at National conferences shall be limited to one per year unless otherwise approved by the City Council. City -paid membership in other organizations and City -paid attendance at other professional events may be allowed as approved by the City Council from time to time. Section 10, Other At the option of the City Administrator, the City Administrator may elect to receive payment for benefits such as car allowance, health insurance, life and disability insurance either as an adjustment in gross wage, or in any manner consistent with IRS regulation providing the Employee has submitted adequate documentation. Section 11, Severance Compensation Except as set out below, in the event the City Administrator's employment in the City Administrator position is terminated by the majority vote of the City Council, then in that event the City Administrator agrees to relinquish the City Administrator position and the City shall continue to pay the City Administrator salary and benefits enumerated in this Agreement for a period of six (6) months. The City Administrator shall not accrue vacation or sick leave during the severance period. Coverage under COBRA shall begin on the date all coverage extended under this Agreement herein expires. Should the City Administrator be permanently disabled or otherwise unable to perform the duties of the City Administrator position because of sickness, accident injury, mental incapacity or health for a period of three successive months, beyond any accrued leave, the City shall have the right to terminate this agreement subject to the severance provisions in herein. Contemporaneously with the City Administrator's final payment herein above set out, City Administrator agrees to execute and deliver to City a release, releasing the City of all claims that the City Administrator may have against the City. In the event the City at any time reduces the salary, compensation or other benefits of the City Administrator in a greater amount than applicable across-the-board reduction for all City employees, requests by formal vote of a majority of the City Council members that the City Administrator resign, or in the event the City Council refuses to comply with any other material provisions benefiting the City Administrator herein, then in that event, the City Administrator may at his option, be deemed to be terminated, as provided herein. The City shall have no obligation to pay severance compensation under this Section if the City Administrator's employment in the City Administrator's position is terminated by a majority vote of the City Council based on the occurrence of any one of the following described events: A. Failure to report for work on five or more days without prior permission of the City Council, beyond any accrued leave, when the City Administrator is otherwise able to work. B. Knowingly and willfully performing illegal activities in the capacity of City Administrator. C. Embezzlement of City funds. D. Refusal to carry out an explicit directive issued on more than one occasion by the City Council where such directive falls within the duties of the City Administrator. E. Conviction of a state or federal felony. In the event the City Administrator is charged with a felony (either by grand jury indictment, by felony complaint signed by a judge pursuant to a Rule 5 hearing, or other similar charging mechanism) the City may suspend the City Administrator's employment position and salary pending the resolution of such criminal charges. The City shall pay all accumulated leave in a method determined by the City Administrator either in lump sum or in equal installments over the term of the severance period. Section 12, Performance Evaluation The City Council shall review and evaluate the performance of the City Administrator annually. The City agrees to increase base salary and or benefits of the City Administrator at time of said review, in such amounts as the City Council may determine that is desirable to do so, in light of performance by the City Administrator. Section 13, Personnel Policy It is the intent of the parties to this agreement that the provisions of the City's Personnel Policy apply to the City Administrator's employment, except where the terms of this agreement conflict with such policy, in which case the terms of this agreement shall govern such conflicts. Section 14, General Provisions The text herein shall constitute the entire Agreement between the Parties. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the City Administrator. This Agreement shall become effective upon adoption and approval by the Governing Body of the City of Albertville. If any provisions or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. IN WITNESS THEREOF, the City of Albertville has caused this Agreement to be executed in its behalf by it Mayor and attested by its City Clerk, and the City Administrator has signed and executed this Agreement both in duplicate, the day and year first written above. Mayor City Administrator