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2003-12-15 CC Packet
ALBERTVILLE CITY COUNCIL • AGENDA December 15, 2003, 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) December 1, 2003, City Council Meeting (pages 2-6) 3. CITIZEN FORUM — (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (page 7-11) (b) Resolution No. 2003-38 (A Resolution Adopting the Final 2003 Tax Levy collectible in 2004) Page 12 (c) Resolution No. 2003-39 (A Resolution Adopting the 2004 Final Budget) Page 13 (d) Resolution No. 2003-40 (A Resolution Establishing 2004 Holidays Schedule) Page 14 (e) Resolution No. 2003-41 (A Resolution Establishing 2003 Wages for City Employees) Page 15 (f) Resolution No. 2003-42 (A Resolution Establishing 2003 City Hall Office Hours) Page 16 (g) Authorize payment of all just claims received by December 31, 2003 (Year-end closeout) (h) Resolution No. 2003-43 (A resolution approving the Wetland Replacement Plan for the Albertville Business Park Project to fill 1.35 acres of wetland to facilitate the construction of street.) Page 18-22 (i) Approve reduction in Towne Lakes P Addition Letter of Credit to no less than $5,000 as per City Engineer's recommendation. (Page 23) (j) Approve a reduction in Outlets at Albertville, Phase 3 Letter of Credit to no less than $250,000, which is • adequate to cover CSAH 19 assessments, wetland mitigation and other miscellaneous items. (Page 24) 5. DEPARTMENT BUSINESS A. Fire Department: Reschedule Meeting B. Public Works (1) Public Works Report (Page 17) (2) Water/WWTF Report- None C. Planning & Zoning (1) Seasonal Concepts: Site and Building Plan Review (Page 30-31) (2) Heidi's Market — Car Wash, Site and Building Plan Review (3) Shoppes at Town Lakes One master Planned Unit Development/Conditional Use Agreement (Pages 31-63) D. Engineering E. Legal (1) Community Sign Agreement (Page 25-28) F. Administration (Page 29) • 6. ADJOURNMENT MAIN AVENUE SIGNAGE — City Attorney Couri had spoke with Keith Franklin on Wednesday, November 26 and based on that conversation Attorney Couri drafted up a Maintenance Agreement, but has not heard from Franklin as of Monday, December 1. Mr. Franklin was not at the meeting to provide us with the specs and the price for the sign. Mayor asked if there was anyone present regarding the community sign. Deb representing the 152 Club was present. She wanted to know if there was any survey done to find out who would be interested. Deb representing Smackdown's was present. She had the same question. She wanted to know a price — cost involved. Curt Gentile from Geez Sports Bar was also present. There was a gal representing Mane Avenue Hair Salon also present. She would be interested if she had a price. Mr. Franklin was now present. They began by asking him about the cost. Mr. Franklin state the cost would be $37,655. This cost would not include the radio read. There would be extra cost incurred for the radio read. Putting up a radio read - scope dish instead of a telephone line going to the reader board. There were four (4) businesses present in the audience that would be interested in putting their name on the signage / reader board. Just a matter of taking the time to contact the remaining businesses to find out there interested. MOTION BY Fay, seconded by Klecker for City Administrator Kruse to contact the Main Avenue businesses with an estimated lease cost to identify how many want to lease space on the Community Sign, with the sign coming back to the City Council on December 15d' for a decision on if to proceed with the sign. City Attorney Couri to develop a Sign Maintenance Agreement. Motion carried with Mayor Peterson voting nay. TOWNE LAKES 4T11 ADDITION — The purpose of this item is to continue consideration of the final plan PUD and final plat for Towne Lakes 4d' Addition submitted by Contractor Property Developers Company (CPDC). The City Council continued review from the November 3, 2003 meeting to allow the aulicant the opportunity to revise and resubmit town home plans. Towne Lakes 4 Addition consists of town home units to be located between West Laketowne Drive and Langford Drive south of Laketowne Drive. The Towne Lakes PUD and preliminary plat were approved in March 2003. City Planner Brixius stated there was a change in the footprint of the townhomes. Instead of looking at 52 units we are now looking at 45 units. Planner Brixius stated in order to vacate of the drainage and utility easements within the plat of Towne Lakes 3rd Addition there needs to be a public hearing to do so. Tim Whittum from Rottlund Homes representative gave a presentation to the Mayor and Council. He demonstrated how they adjusted the footprint to provide a two -car • garage for each unit. There was concern on the size of the two -car garage. What size vehicles would fit into this two -car garage? Berning had a concern with the driveway size. There was also discussion on the size of the private drive. Councilmember Fay would like to see some type of shakes on the fronts — to break up the vinyl siding. CONTINUATION: Towne Lakes 4t' Addition would be continued to the first meeting in January 2004. That would allow the timing needed to put the public hearing notice in the North Crow River News for the notice of the easement vacation. CONTINUTATION: Seasonal Concepts, Alshouse Properties had contacted City Planner Brixius and asked to be continued to the December 15th City Council meeting. ALBERTVILLE DENTAL ADDITION: City Planner Brixius stated that the applicant has requested approval of Comprehensive Plan amendment to change the land use from residential to commercial, rezoning of the land from R-IA to PUD Commercial, preliminary plat review, CUP to allow for impervious surface in excess of 25 percent within a Shoreland District and a site and building plan approval. Berning had a question in regards to the parking stalls. At the planning commission we commented about the size. We made Welcome Furniture go with a 20-foot stall and now it looks like we are allowing the Albertville Dental Building to go smaller stall. Scott Dahlke with Quality Site Design stated how the standards are calculated with parking stalls. The site has a 6-foot sidewalk allowing for the 18-foot stall a 2-foot overhang. If the parking stalls are abutting each or face to face they are the 20-foot size. City Attorney Couri wanted the re -zoning contingent on entering into the developer's agreement. Stating in the agreement the portion of property in regards to the egress — easement. MOTION BY Klecker, seconded by Rich to approve the preliminary plat. Motion carried unanimously. OUTDOOR LIGHTING: City Planner Brixius proceeded in to the Ordinance No. 2003-XXX An Ordinance Amending Section 1000.10 of the Albertville Zoning Ordinance (Outdoor Lighting). City Planner Brixius state that at the November 3, 2003 City council meeting, • the Council considered a number of Zoning Ordinance Amendments, which included an amendment for outdoor lighting. There were additional comments and concerns about the lighting ordinance to be set for • future businesses coming to Albertville. MOTION BY Berning, seconded by Fay to approve the Zoning Ordinance Amendments for Section 1000.10 of the Albertville Zoning Ordinance as presented. Peterson, Beming, Fay, Klecker voted aye. Rich opposed. Motion passed. DARKENWALD DEVELOPMENT: Discussion on an Administrative lot split in the Darkenwald Development for the purpose to accommodate an electrical substation. City Planner Brixius explained that this is an Administrative lot split and does not require any council action, however, he stated staff did not want any surprises for the council later when the Conditional Use Permit is presented. Brixius commented about the meeting held in October — November with Wright -Hennepin and Great River Utilities where different sub -station locations were identified. This location would eliminate utility poles down the corridor of CR 19. City Planner Brixius stated that it meet all city requirements. c. Engineering BARTHEL INDUSTRIAL PARK COST ESTIMATE: In absence of City Engineer Carlson, Assistant Engineer Jim Schulz reviewed preliminary cost estimates for the water, sewer and street expansion in the Industrial Park. There was discussion of what land would be build able and what area is wet and non - buildable. There would be some consideration of combining some of the lots for build ability. City Administrator Kruse recommended that SEH submit a proposal to update a previous feasibility study and to add the street and cul-de-sac serving the property to the north. SEH's proposal should include a written summary of the project and a project map identifying the scope of the project. Further the proposal must include a schedule of the hourly cost of SEH staff with a not to exceed cost for the update. Once that is received, the city can invite affected property owners to a meeting and gain their comments and decide on whether to proceed. CONTINUATION: Wetland Mitigation Plan for the Darkenwald Property. Schultz stated he would forward a resolution for council action to the next council meeting. SEH CHANGE ORDER #3, 2003 CSAH UPGRADE SAP 86-619 -27: There was discussion on the CSAH Upgrade SAP in regards to the size of the butterfly valve to a 16" valve. Council questioned SEH on the validity of the proposed change order and recommended that it be continued and explained by City Engineer Carlson. d. Legal ALBERT VILLAS MAIL BOXES: Update on the mailbox — City Attorney • Court reviewed the developer's agreement and stated that it didn't say anything about the mailboxes. He noticed the trees placement — in the agreement. He asked the City Engineer to look into the situation — contacting the developer and find out why the mailboxes were moved. Why the homeowner's were not notified? Assistant Engineer Schulz feels there was some issue regarding the trees being to close to the fire hydrants and will check. 0 STMA FUNDING OPTIONS: City Attorney Couri checked the MN State Statutes and you can use Park Dedication Funds for the Ice Arena. TOWNE LAKES 3RD ADDITION LETTER OF CREDIT: Dave Hempel with CPDC was contacting Mike Couri asking to reduce the letter of credit down to $0.00. City Attorney Couri explained that CPDC has an additional Letter of Credit covering the Towne Lakes 3rd addition. MOTION BY Fay, seconded by Rich to approve the Reduction of Letter of Credit. Motion carried unanimously. e. Administration YMCA STUDY: Mayor Peterson shared with the council that he attended a meeting with the YMCA. They are looking at two locations in the area. It would be either in the Rogers or St. Michael/Albertville area. The dollar figure they are looking for is $12 million. It is like a community center, which the City would not run. MOTION BY Klecker seconded by Rich to take the $5,000 from the general fund to conduct a YMCA feasibility survey. Motion carried unanimously. CITY FINANCIALS: Berning stated asking about the financial issues requesting that various items identified earlier are resolved. City Administrator Kruse stated he would be coming back with information and recommendations soon. City Administrator Kruse shared with the Mayor and Council that he has scheduled the City Auditor (KDV) to come out in mid -January to get started on the 2003 Audit processing. Kruse was made aware of some past cash balance issues and other things just today. 6. ADJOURNMENT MOTION BY Berning, seconded by Klecker to adjourn. Motion carried unamously. Meeting adjourned at 10:00 p.m. Don Peterson, Mayor Bridget Miller, City Clerk • • • *Check Detail Register© December 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 019016 12/15/2003 ALEX AIR APPARATUS E 101-42000-404 Repair/Maint-Machinery/Equip $273.80 4489 Repair - Maint E 101-42000-404 Repair/Maint-Machinery/Equip $1,496.35 5756-5757 Repair - Maint. Fire trucks Total ALEX AIR APPARATUS $1,770.15 Paid Chk# 019017 12/15/2003 ALLINA HEALTH SYSTEM E 101-42000-108 Medical Training $694.21 10001120 4TH Quarter, 2003 Total ALLINA HEALTH SYSTEM $694.21 Paid Chk# 019018 12/15/2003 ARAMARK UNIFORM SERVICES E 601-49450-417 E 601-49450-417 Uniform Rentals Uniform Rentals $55.40 11282003 Uniform Sery - Sewage Dept. E 101-45100-417 Uniform Rentals $55.40 11282003 $83.11 11282003 Uniform Sery - Sewage Dept. Uniform Sery - Parks Dept E 101-43100-417 Uniform Rentals $83.11 11282003 Uniform Sery - PW Dept. Total ARAMARK UNIFORM SERVICES $277.02 Paid Chk# 019019 12/15/2003 B & D PLUMBING E 601-49450-405 Repair/Maint - Buildings $190.00 7295 Repair Building Total B & D PLUMBING $190.00 Paid Chk# 019020 12/15/2003 BOYER TRUCKS E 101-43100-404 Repair/Maint-Machinery/Equip $188.01 416148 PW Mach. Repair Total BOYER TRUCKS $188.01 Paid Chk# 019021 12/15/2003 BUFFALO BITUMINOUS INC. E 448-49000-310 Other Professional Services $51,003.46 2003 Pay No. 2003 CSAH 19 Upgrade Total BUFFALO BITUMINOUS INC. $51,003.46 Paid Chk# 019022 12/15/2003 CENTER POINT ENERGY E 101-45100-383 Gas Utilities $54.47 E 101-41940-383 Gas Utilities $106.88 E 101-42400-383 Gas Utilities $118.48 E 101-43100-383 Gas Utilities $118.49 E 101-42000-383 Gas Utilities $396.87 E 601-49450-383 Gas Utilities $375.75 11252003 E 101-41940-383 Gas Utilities $88.00 Final2003 Total CENTER POINT ENERGY $1,258.94 Paid Chk# 019023 12/15/2003 CHOUINARD OFFICE PRODUCTS E 101-41100-200 Office Supplies (GENERAL) $14.82 53537 E 101-41300-200 Office Supplies (GENERAL) $45.22 53544 Total CHOUINARD OFFICE PRODUCTS $60.04 Gas Utilities -Park Shelter Gas Utilities -City Hall Gas Utilities - Bldg Dept Gas Utilities-PW Garage Gas Utilities -Fire Dept Gas Utilities -Sewage Plant Gas Utilities-Bldg/Grnds General Supplies General Supplies Paid Chk# 019024 12/15/2003 COBORN'S E 101-41300-200 Office Supplies (GENERAL) $45.42 100837567 General Office Supplies Total COBORN'S $45.42 Paid Chk# 019025 12/15/2003 COMPUTER SERVICES & REPAIR 7 E 101-41300-570 Office Equip and Furnishings $413.38 20826 Maintenance on Computers Total COMPUTER SERVICES & REPAIR $413.38 0 Paid Chk# 019026 12/15/2003 COURT & MACARTHUR E 101-41600-304 Legal Fees $55.00 12102003 Prairie Run E 101-41600-304 Legal Fees $165.00 12102003 Albertville Dental/Medical E 101-41600-304 Legal Fees $1,320.00 12102003 General Legal fees E 463-49000-304 Legal Fees $137.50 12102003 NW Commercial E 462-49000-304 Legal Fees $660.00 12102003 ACrssng 2nd Add E 462-49000-304 Legal Fees $82.50 12102003 Spectator's E 460-49450-304 Legal Fees $165.00 12102003 WWTP E 450-49000-304 Legal Fees $27.50 12102003 AV 4th E 456-49000-304 Legal Fees $192.50 12102003 TL 4th E 456-49000-304 Legal Fees $440.00 12102003 TL Commercial Total COURI & MACARTHUR $3,245.00 Paid Chk# 019027 12/15/2003 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $1,702.13 3209500 Meters for Re -sale Total DAVIES WATER EQUIPMENT CO. $1,702.13 Paid Chk# 019028 12/15/2003 DJ'S TOTAL HOME CARE CENTER E 101-43100-404 Repair/Maint - Machinery/Equip $4.24 738358 general maint E 101-41940-210 Operating Supplies (GENERAL) $4.09 738651 supplies E 601-49450-587 C/O - Tools $11.43 739064 General tools E 101-41940-210 Operating Supplies (GENERAL) $26.61 740287 ice melt E 101-43100-405 Repair/Maint - Buildings $23.39 740484 bldg. Maint E 101-43100-404 Repair/Maint - Machinery/Equip $17.03 740535 maint E 101-45100-210 Operating Supplies (GENERAL) $36.43 740966 general supplies E101-45100-404 Repair/Maint- Machinery/Equip $40.57 742706 maint E 601-49450-210 Operating Supplies (GENERAL) $33.23 74332 supplies E 101-43100-405 Repair/Maint - Buildings $17.33 743434 maint. E 101-42000-200 Office Supplies (GENERAL) $11.17 743898 maint E 101-43100-405 Repair/Maint - Buildings $21.26 745581 maint E 602-49400-404 Repair/Maint - Machinery/Equip $25.32 745943 maint. E 101-42000-200 Office Supplies (GENERAL) ($11.17) CR745196 credit memo Total DJ'S TOTAL HOME CARE CENTER $260.93 Paid Chk# 019029 12/15/2003 DON'S AUTO & REPAIR E 101-42000-404 Repair/Maint - Machinery/Equip $177.68 024167 maint-mach E 101-43100-212 Motor Fuels $40.47 20830 Propane E 101-43100-212 Motor Fuels $10.65 21022 Kerosene E 101-42000-200 Office Supplies (GENERAL) $49.22 21052 FD fuel E 101-42000-200 Office Supplies (GENERAL) $83.37 22182 FD Fuel E 101-42000-200 Office Supplies (GENERAL) $52.65 22188 FD fuel Total DON'S AUTO & REPAIR $414.04 Paid Chk# 019030 12/15/2003 EGGEN'S DIRECT SERVICE, INC. E 602-49400-212 Motor Fuels $35.00 77225 fuel E 101-43100-212 Motor Fuels $44.37 77230 fuel E 602-49400-212 Motor Fuels $37.00 77231 fuel E 101-43100-212 Motor Fuels $45.96 77243 fuel E 101-42400-212 Motor Fuels $29.17 77267 BD fuel E 602-49400-212 Motor Fuels $40.00 77270 fuel E 601-49450-212 Motor Fuels $42.00 77274 fuel E 601-49450-210 Operating Supplies (GENERAL) $34.99 77275 supplies E 101-42400-212 Motor Fuels $33.15 77310 BD fuel Total EGGEN'S DIRECT SERVICE, INC. $341.64 Paid Chk# 019031 12/15/2003 FEHN GRAVEL & EXCAVATING E 101-43100-222 Sand & Gravel $93.00 12180 salt/sand Total FEHN GRAVEL & EXCAVATING $93.00 Paid Chk# 019032 12/15/2003 FIRST NATIONAL BANK E 322-47000-601 Debt Sry Bond Principal $4,483.58 2003 PAY NO.Principal 1992 Bond E 322-47000-611 Bond Interest $283.58 2003 PAY NO.Interest 1992 Bond Total FIRST NATIONAL BANK $4,767.16 SPaid Chk# 019033 12/15/2003 FRONTLINE PLUS FIRE & RESCUE E 101-42000-417 Uniform Rentals $253.34 8840 Bunker boots - general gear Total FRONTLINE PLUS FIRE & RESCUE $253.34 Paid Chk# 019034 12/15/2003 GRANITE ELECTRONICS E 602-49400-404 Repair/Maint - Machinery/Equip $389.93 218045 radio repair - WWTP Total GRANITE ELECTRONICS $389.93 Paid Chk# 019035 12/15/2003 HALLMAN OIL COMPANY -FUEL DIV E 101-43100-212 Motor Fuels $546.72 107225 Diesel Fuel Total HALLMAN OIL COMPANY -FUEL DIV $546.72 Paid Chk# 019036 12/15/2003 HAWKINS CHEMICAL, INC. E 601-49450-217 Chemicals - Ferric Chloride $3,688.90 575399 ferric chemicals Total HAWKINS CHEMICAL, INC. $3,688.90 Paid Chk# 019037 12/15/2003 INTERNAL REVENUE SERVICE G 101-21701 Federal Withholding $20.54 200347-12 Balance owed Total INTERNAL REVENUE SERVICE $20.54 Paid Chk# 019038 12/15/2003 KENNEDY & GRAVEN E 357-49000-300 Professional Srvs (GENERAL) $4,599.98 2003A PN1 2003A General Obligation Bonds Total KENNEDY & GRAVEN $4,599.98 Paid Chk# 019039 12/15/2003 KERN, DEWENTER, & VIERE, LTD E 101-41100-208 Training and Instruction $125.00 38891 Training Workshop w/Council Total KERN, DEWENTER, & VIERE, LTD $125.00 Paid Chk# 019040 12/15/2003 KRUSE, LARRY E 101-41300-570 Office Equip and Furnishings $75.84 122003-AdminGeneral equip supplies Total KRUSE, LARRY $75.84 Paid Chk# 019041 12/15/2003 KUECHLE UNDERGROUND, INC. E 604-49660-406 R/M - Collection System $39,924.70 03CSAH37-60 2003 CSAH/60th St. Storm Sewer E 604-49960-406 R/M - Collection System $7,828.38 03MA Pay 2003 Main Ave Storm Sewer Total KUECHLE UNDERGROUND, INC. $47,753.08 Paid Chk# 019042 12/15/2003 LARSON PUBLICATIONS E 101-42000-200 Office Supplies (GENERAL) $111.60 06546420-001 general advertising Total LARSON PUBLICATIONS $111.60 Paid Chk# 019043 12/15/2003 MEDICA E 101-41400-131 Employer Paid Health $1,057.09 103335115311 Medical Ins -Office Staff E 602-49400-130 Employer Paid Ins (GENERAL) $528.54 103335115311 Medical Ins -Water E 101-42400-130 Employer Paid Ins (GENERAL) $1,057.09 103335115311 Medical Ins -Bldg Inspec E 101-43100-130 Employer Paid Ins (GENERAL) $792.83 103335115311 Medical Ins - PW/PW E 601-49450-130 Employer Paid Ins (GENERAL) $528.55 103335115311 Medical Ins-WWTF E 101-45100-130 Employer Paid Ins (GENERAL) $792.82 103335115311 Medical Ins - Parks/Parks E 101-41300-131 Employer Paid Health $528.55 103335115311 Medical Ins -Administrator Total MEDICA $5,285.47 is Paid Chk# 019044 12/15/2003 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $156.00 318243 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $116.00 318244 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $405.00 318245 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $677.00 6 Paid Chk# 019045 12/15/2003 N. A. C. • E 101-41910-306 Planning Fees $451.60 13160 RV Storage E 101-41910-306 Planning Fees $17.00 13160 Community Directional Signs E 101-41910-306 Planning Fees $65.28 13160 general E 101-41910-306 Planning Fees $182.00 13160 Shoreland Ordinance E 101-41910-306 Planning Fees $234.30 13160 Permitted Encroachments E 101-41910-306 Planning Fees $258.00 13160 Commercial Zone E 101-41910-306 Planning Fees $437.10 13160 Wetland Overlay E 101-41910-306 Planning Fees $187.50 13161 Christianson E 101-41910-306 Planning Fees $868.10 13161 Dental Clinic E 462-49000-306 Planning Fees $111.00 13161 Spectator's E 101-41910-306 Planning Fees $60.93 13161 James Franklin E 101-41910-306 Planning Fees $60.00 13161 Prairie Run E 101-41910-306 Planning Fees $53.50 13161 Heidi's market E 456-49000-306 Planning Fees $1,563.36 13161 TL 4th E 462-49000-306 Planning Fees $287.89 13161 Midland Retail Center E 456-49000-306 Planning Fees $199.59 13161 TL Commercial E 456-49000-306 Planning Fees $829.66 13161 Seasonal Concepts E 101-41910-306 Planning Fees $625.00 13162 General Services Total N. A. C. $6,491.81 Paid Chk# 019047 12/15/2003 PAT'S 66 E 101-43100-212 Motor Fuels $57.00 11302003 PW FUEL E 101-43100-212 Motor Fuels $37.00 11302003 PW FUEL E 101-45100-212 Motor Fuels $9.03 11302003 PARKS FUEL E 101-42000-212 Motor Fuels $47.94 11302003 FD fuel E 101-43100-212 Motor Fuels $27.71 11302003 PW FUEL E 10143100-212 Motor Fuels $26.61 11302003 PW FUEL E 101-43100-212 Motor Fuels $23.07 11302003 PW FUEL E 101-43100-212 Motor Fuels $23.00 11302003 PW FUEL E 101-45100-212 Motor Fuels $21.18 11302003 PARKS FUEL E 10145100-212 Motor Fuels $17.00 11302003 PARKS FUEL E 101-45100-212 Motor Fuels $54.25 11302003 PARKS FUEL Total PAT'S 66 $343.79 Paid Chk# 019048 12/15/2003 PINNACLE PRINTING, INC. E 101-41400-200 Office Supplies (GENERAL) $473.93 2570 Business checks E 101-41100-300 Professional Srvs (GENERAL) $559.12 2578 Newsletter paper E 101-41300-200 Office Supplies (GENERAL) $38.82 2578 Administrator Business Cards Total PINNACLE PRINTING, INC. $1,071.87 Paid Chk# 019049 12/15/2003 PLAISTED COMPANIES E 101-43100-221 Ice Removal $573.65 34458 Ice Control Sand Total PLAISTED COMPANIES $573.65 Paid Chk# 019050 12/15/2003 PORTABLES PLUS SANITATION E 101-45100-415 Other Equipment Rentals $69.04 107688 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $69.04 Paid Chk# 019052 12/15/2003 SECURITY STATE BANK OF MAPLE L E 322-47000-601 Debt Sry Bond Principal $522.98 03-1992 Pay 1992A GO Bonds Total SECURITY STATE BANK OF MAPLE L $522.98 Paid Chk# 019053 12/15/2003 SENTRY SYSTEMS, INC. E 10142000-405 Repair/Maint -Buildings $55.65 347107 Security - Fire Hall Total SENTRY SYSTEMS, INC. $55.65 Paid Chk# 019054 12/15/2003 SPECIALTY FASHIONS E 101-42000-437 Misc. Donations $79.55 3925 FD Apparel E 101-42000-437 Misc. Donations $565.85 3926 FD Apparel E 101-42000-437 Misc. Donations $79.55 3969 FD Apparel E 101-42000-437 Misc. Donations $79.55 3970 FD Apparel Total SPECIALTY FASHIONS $804.50 10 C7 • Paid Chk# 019055 12/15/2003 SPRINT - IL E 101-41940-321 Telephone Total SPRINT - IL Paid Chk# 019056 12/15/2003 SPRINT- MO E 101-41940-321 Telephone E 101-42400-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-42400-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-42000-321 Telephone E 101-43100-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-43100-321 Telephone E 101-43100-321 Telephone Total SPRINT- MO Paid Chk# 019057 12/15/2003 ST. MICHAEL FLORAL E 101-41100-200 Office Supplies (GENERAL) Total ST. MICHAEL FLORAL Paid Chk# 019058 12/15/2003 ST. MICHAEL OIL CO. E 60149450-404 Repair/Maint - Machinery/Equip E 601-49450-404 Repair/Maint - Machinery/Equip Total ST. MICHAEL OIL CO. Paid Chk# 019059 12/15/2003 STREICHER'S $64,382.00 12182003 $64,382.00 $51.29 11212003 $263.01 11212003 $242.48 11212003 $31.34 11212003 $190.22 11212003 $106.33 11212003 $81.57 11212003 $51.29 11212003 $51.29 11212003 $33.20 11212003 $31.34 11212003 $31.34 11212003 $28.70 11212003 $51.29 11212003 $31.34 11212003 $27.74 11212003 $1,303.77 $213.42 16902&16 $213.42 $246.55 3641 $125.14 3659 $371.69 Phone - CH Phone - CH line Phone - Bldg Dept Phone - E-mail line Phone - CH Fax line Phone - CH trunk Phone - Bldg Dept Phone Phone - CH 3rd line Phone - CH 2nd line Phone - Fire Dept fax Phone - Sewer/Water fax Phone - CH Internet Sery Phone - CH private line Phone - CH 4th line Phone - PW Garage main Phone - Sewer/Water fax Funeral Flowers-Heinen/Carlson Mobil gear oil Mobil gear oil E 101-42000-417 Uniform Rentals $39.94 403172.1 Mourning arm bands Total STREICHER'S $39.94 Paid Chk# 019060 12/15/2003 SUNSHINE SPRINKLER SYSTEMS E 101-45100-404 Repair/Maint - Machinery/Equip $75.00 10312003-2 Balance due Total SUNSHINE SPRINKLER SYSTEMS $75.00 Paid Chk# 019061 12/15/2003 UNIVERSITY OF MINNESOTA E 101-42400-208 Training and Instruction $85.00 2003-2319 BD -Secretary Training Total UNIVERSITY OF MINNESOTA $85.00 Paid Chk# 019062 12/15/2003 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal Total WASTE MANAGEMENT 10100 Premier Bank $156.82 0679925-1593- Refuse Waste Hauler $156.82 Paid Chk# 019063 12/15/2003 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $21,170.00 Patrol-03-12 Total WRIGHT CTY SHERIFFS PATROL $21,170.00 Paid Chk# 019064 12/15/2003 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $3,297.00 11282003 Total WRIGHT RECYCLING $3,297.00 10100 Premier Bank $231,279.86 Police Protection Sery Recycling Contract 11 CITY OF ALBERTVILLE RESOLUTION # 2003-38 • A RESOLUTION ADOPTING THE FINAL 2003 TAX LEVY COLLECTIBLE IN 2004 WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has determined that a tax levy upon the taxable property in the City of Albertville is necessary to provide sufficient funds for the operation of the City from January 1, 2004, through December 31, 2004; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, that 1. The following sums of money be levied for the current year, collectible in 2003, upon the taxable property in the City of Albertville, for the following purposes: GENERAL FUND $1,440,922 DEBT SERVICE FUNDS 1992 Sewer Trunk Bond $ 8,500 1996A G.O. Bond $ 5,715 1999A G.O. Bond $ 42,077 1999 Public Facilities Bond $ 82,076 • 2003 G.O. Improvement Bond $ 72,733 2. The City Clerk is hereby instructed to transmit a certified copy of such levy to the County Auditor of Wright County, Minnesota, to be placed upon the tax rolls the property within the City of Albertville. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 151h DAY OF DECEMBER, 2003. Don Peterson, Mayor Bridgett Miller City Clerk • 12 CITY OF ALBERTVILLE • RESOLUTION # 2003-39 A RESOLUTION ADOPTING THE 2004 FINAL BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1. The attached budget is hereby adopted as the final budget for the City of Albertville for the period January 1, 2004, through December 31, 2004. 2. All monies designated within the budget as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. • 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The City Clerk is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 15TH DAY OF DECEMBER, 2003. Don Peterson, Mayor Bridgett Miller, City Clerk • 13 CITY OF ALBERTVILLE RESOLUTION # 2003-40 A RESOLUTION ESTABLISHING 2004 CITY HOLIDAYS OBSERVED WHEREAS, the City Council is desirous of establishing the 2004 City Holidays to be Observed for the City of Albertville effective January 1, 2004 ; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following Holidays: Thursday, January 1 Friday, January 2 Monday, January 19 Monday, February 16 Monday, May 31 Monday, July 5 Monday, September 6 Thursday, November 11 Thursday, November 25 Friday, November 26 Thursday, December 23 Friday, December 24 Friday, December 31 - New Year's Day - New Year's Day (comp time or vacation) - Martin Luther King Jr. Day - President's Day - Memorial Day - Independence Day - Labor Day - Veteran's Day - Harvest - Thanksgiving Day - Floating Holiday City Hall closed at noon (comp time or vacation.) Winter - Christmas Holiday New Year's Day ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 15th DAY OF DECEMBER, 2003. Don Peterson, Mayor Bridgett Miller, City Clerk • 0 14 CITY OF ALBERTVILLE • RESOLUTION # 2003-41 A RESOLUTION ESTABLISHING 2004 WAGES FOR CITY EMPLOYEES • • WHEREAS, the City Council is desirous of establishing the assignment of pay rates for the City of Albertville effective January 1, 2004; and WHEREAS, a five (5%) percent employee wage increase has been included in the 2004 preliminary budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby increases its employee's salary schedule five (5) percent. BE IT FURTHER RESOLVED, that upon adoption, this resolution rescinds previous wage resolutions. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 151h DAY OF DECEMBER, 2003. Don Peterson, Mayor Bridget Miller, City Clerk 15 CITY OF ALBERTVILLE RESOLUTION # 2003-42 • A RESOLUTION ESTABLISHING 2004 CITY HALL OFFICE HOURS WHEREAS, the City Council is desirous of establishing office hours conducive to meeting the needs of residents and the business community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby set the official office hours of City Hall as follows: Office hours Monday 7:30a.m. to 4:30 p.m. Tuesday 7:30 a.m. to 6:00 p.m. Wednesday 7:30 a.m. to 4:30 p.m. Thursday 7:30 a.m. to 4:30 p.m. Friday 7:30 a.m. to 12:00 noon BE IT FURTHER RESOLVED, that upon adoption, this resolution rescinds previous resolutions pertaining to office hours. 0 ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 151h DAY OF DECEMBER, 2003. Don Peterson, Mayor Bridget Miller, City Clerk • 16 a MEMORANDUM City of Albertville TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: December 15, 2003 SUBJECT: Public Works/Parks Maintenance Report Public Works was asked by the fire chief to clean the kitchen, offices and bathrooms at the Fire Hall at least once a month. Public Works was also asked to plow the snow at the ice arena parking lot. Comment -We could fit these things into our schedule. We would need to keep our part time snowplow help and I would like the ice arena staff to take care of the snow on the sidewalk in front of the building. • • 17 CITY OF ALBERTVILLE RESOLUTION # 2002-43 A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE ALBERTVILLE BUSINESS PARK PROJECT TO FILL 1.35 ACRES OF WETLAND TO FACILITATE THE CONSTRUCTION OF A CITY STREET BE IT RESOLVED by the City Council of the City of Albertville, Minnesota as follows: 1. That the City of Albertville is the Local Government Unit ("LGU") responsible for making exemptions and approving replacement plans. 2. That the City of Albertville, by and through its City Council, sitting as the Local Government Unit ("LGU"), adopts the following finds of fact regarding the application by the City of Albertville to fill 1.35 acres of wetland to facilitate the construction of 67th Street, Retail Space and Parking. That the application submitted to fill wetlands on the described site satisfies the Minnesota Wetland Conservation Act procedural guidelines for: a. Pre -Application Communications (Minnesota Rules 8420.0510) • b. Sequencing (Minnesota Rules 8420.0520) C. Replacement Plan Components (Minnesota Rules 8420.0530) d. Wetland Replacement Standards (Minnesota Rules 8420.0550) 3. That the City of Albertville, as "LGU" has fully exercised its responsibilities in ensuring the compliance of the application with the described rules. In addition, it has satisfied application Notification Procedures (Minnesota Rules 8420.0230). ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 15TH DAY OF DECEMBER, 2003. ATTEST: • 18 City of Albertville P.O. Box 9 Albertville, Minnesota 55301 NOTICE OF WETLAND CONSERVATION ACT DECISION Name of Applicant: Darkenwald Real Estate Application Number: 003 Type of Application (check one): Exemption Decision No Loss Decision X Replacement Plan Decision Banking Plan Decision Date of Decision: 6/16/03 Check One: X Approved Approved with conditions List of Addressees: Landowner @ Darkenwald Real Estate Mr. John Darkenwald 7535 N.E. River Road Elk River, MN 55330 Members of Technical Evaluation Panel@ Ms. Colleen Allen Wright County SWCD 306C Brighton Avenue Buffalo, Minnesota 55313 Ms. Lynda Peterson BWSR One West Water Street, Suite 200 St. Paul, Minn. 55107 Mr. John Hiebert MnDNR 7372 State Highway 25 SW Montrose, MN 55363 DNR Wetlands Coordinator @ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 Mr. Tim Fell @ Department of the Army, Corps of Engineers, St. Paul District Denied • • • 20 • • • ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Mr. Scott Thelan Pinnacle Engineering 101 Broadway Street West, Suite 100 Osseo, Minnesota 55369 You are hereby notified that the decision of the Local Government Unit on the above - referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Date of mailing of this Notice: June 26, 2003 W:\ALLFORMS\NoticeofWCAdecision.doe March 13, 2002 City of Albertville P.O. Box 9 Albertville, Minnesota 55301 By: Todd Udvig Title: Senior Scientist 21 Wetland Conservation Act (WCA) Findings and Conclusions — Albertville Business Park, Phase II The Technical Evaluation Panel has found that the Application for Replacement Plan for the proposed construction of the Albertville Business Park — Phase II in the City of Albertville meets the requirements for approval under the 2002 WCA rules. The Replacement Plan application has indicated that the project justification is that additional retail space is needed to meet the demands of a rising Wright County population. The City of Albertville has zoned the area in order to form a regional outlet shopping center. The preferred alternative includes buildings, roadways, and associated parking and the applicant has provided sequencing indicating avoidance and minimization of wetland impacts. Findings are as follows: 1) The project will entail construction of 85+ acres of agricultural land to a retail center comprised of approximately 610,000 square feet of retail space and associated parking, access drives and utilities. 2) The applicant has reconfigured the site layout in a manner that reduced original wetland impacts of 4.35 acres from the layout down to 1.35 acres. 3) Approximately 1.35 acres of wetland will be impacted from the development. 4) Four wetlands were delineated onsite. Three of the wetlands were Type 3 with a Type 2 fringe, the fourth wetland basin was a Type 2. Three wetlands within the proposed project area will be impacted. 5) Wetland impacts have been avoided and minimized. The original site layout contained wetland impacts totaling 4.35 acres. Discussions with the TEP and revisions to the plans enabled the applicant to avoid and minimize wetland impacts with a reduction of wetland impact of 3 acres. 6) Wetland replacement will be accomplished at a ratio of 2:1 for the replacement of 58,806 square feet of wetland impact. The proposed replacement will occur onsite. The replacement will be accomplished by the creation of 1.74 acres (117,612 sq. ft.) of New Wetland Credits and 0.97 acres (42,253 sq. ft.) of Public Value Credits as buffer. 7) A monitoring and vegetation and exotic species control plans have been developed and were included in the Replacement Plan application. Conclusions: The Albertville Business Park — Phase II Wetland Replacement Plan application has met the requirements for approval under the 2002 WCA rules and is recommended for approval by the City of Albertville City Council as the Local Government Unit. 22 AwAgWAIMId •=m U r IN MEMORANDUM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 320.229.4301 FAX TO: Larry Kruse Albertville City Administrator FROM: Peter J. Carlson, PE Albertville City Engineer DATE: December 9, 2003 RE: Albertville, Minnesota Letter of Credit Reduction Grading Permit — Towne Lakes 3`d Addition SEH No. A-ALBEV 0310.00 14 & 7 I reviewed the grading work completed to date and found the work to be completed in accordance with the approved plans. Therefore, I recommend the letter of credit, for the grading work only, be reduced to no less than $5,000. Please call me if you have any questions • cah c: Mike Couri, City Attorney Dave Hempel, CPDC Fran Hagen, Westwood Professional Services Russ Bly, SEH u:1ah16eM310tIt1korrlkruse dw Start Elliott Hendrickson Inc. Your Trusted Resource • Equal Opportunity Employer 23 � �� MEMORANDUM �� EN 1200 25th AYADUO Sduth, P.O. Box 1717, St. Cloud, MN 56302.1717 320.229.4300 e00.572.0617 320.229,4301 FAX TO: Linda Goeb Albertville City Administrator FROM: Peter J. Carlson, PE Albertville City Engineer DATE: November 13, 2003 RE: T-etter of Credit Reduction Outlets at Albertville, Phase 3 Albertville, Minnesota SEH No. A-ALBEV 0308.00 14 I have reviewed the work completed to date and recommend that the letter of .Tedit be reduced to no less than $250,000. This amount is adequate to cover the CSAH 19 assessments, wetland mitigation warranty, and other miscellaneous items. Please call me if you have any questions. e cah c: Mike Couri, City Attorney Alan. Brixius, City Planner Russ Bly, SEH wMbmeMD.ifnYN�px+�/n,htl« S Shod E akH mOidwon hv. . YourTnWW Remou m EqW OPPnf+d!' Em AoyW 24 0 SIGN MAINTENANCE AGREEMENT Whereas, the Albertville City Council ("City") desires to erect a Community Directional Sign ("Sign") on the corner of Main Street and CSAH 37 to aid residents and consumers in locating businesses in the City, particularly those located on Main Street; and Whereas, Franklin Outdoor Advertising Company ("Franklin") desires to construct and maintain for the City for a period of 5 years according to the terms of this Agreement; and NOW, THEREFORE, the City and Franklin agree as follows: l . Franklin shall construct the Sign in accordance with the specifications attached as Exhibit A to this Agreement. Said Sign shall be constructed within 45 days of the date of this Agreement, weather permitting, and as soon as possible thereafter if weather unduly impedes construction of the Sign within the required 45 day period. As part of the construction, Franklin shall provide the City with all necessary software to program the LED reader board, and shall provide the City with a total of twelve business sign faces. Franklin shall provide a radio remote control for electronic programming of the reader board if the City chooses this option and pays for the cost of purchasing this option (neither it nor the cost of installing a phone line are included in the price specified in paragraph 2 below). Franklin shall warrant its construction to be free of defects in materials and workmanship for a period of five years, and shall provide the City with whatever factory warranties may exist for any parts manufactured by others. 2. The City shall pay Franklin $37,655.00 for constructing the Sign in accordance with the requirements of paragraph 1 above. The City shall pay Franklin $18,827.50 upon the execution of this contract with the remaining $18,827.50 due upon completion of the Sign by Franklin. The City shall be responsible for the payment of any City sign or building permit fee. 3. Upon completion of the Sign construction, Franklin shall perform maintenance on the Sign as directed by the City Administrator. In 2004, Franklin shall be compensated at the rate of $65.00 per hour for all labor expended in maintaining the Sign. Beginning on January 1, 2005 and every January 1 following over the term of this Agreement, Franklin's labor rate shall be cumulatively adjusted in the same percentage as the change in the Consumer Price Index from the immediately preceding January 1. 4. The City shall pay Franklin for all materials and parts provided to the City by 0 Franklin at Franklin's cost. 5. It is understood and agreed by both parties that Franklin is an independent contractor and not a City employee. Franklin shall maintain required worker's compensation 25 insurance and shall maintain general liability insurance in an amount not less than the maximum municipal tort liability limits set out in Minn. Stat. 466.04 (currently $1,000,000 per occurrence). 6. The City shall retain ownership of the Sign at all times, including the business sign faces. 7. This Agreement constitutes the entire agreement between the parties and supersedes all previous oral or written understandings of the parties. This Agreement may only be modified by a writing signed by both parties and duly approved by the Albertville City Council. Dated: CITY OF ALBERTVILLE FRANKLIN OUTDOOR ADVERTISING COMPANY Don Peterson, Mayor Bridget Miller, Clerk Keith Franklin, Owner • 26 The motion for the adoption of the foregoing resolution was duly seconded by council • member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: and the following abstained: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, and attested by the Administrator/Clerk. STATE OF MINNESOTA ) ) ss COUNTY OF WRIGHT ) I, the undersigned, being the duly qualified and acting City Administrator/Clerk of the City of Albertville, Minnesota, do hereby certify that: E 1) As such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed; 2) I have carefully compared said extract with said original contract; 3) I find said extract to be a true, correct, and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to exemption for lands embraced within 4) Said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand officially as such City Administrator, and the seal of said City this I5th day of December 2003. Larry Kruse, City Administrator • 27 Albertville Promotional Sign on Cty 37 & Main Avenue 0 Business Yes/No Comments Albertville Body Shop Waiting for response All Metro Builders Waiting for response Geez Sports Bar Yes Kay Marie & Carol's Dance No Not at this time Maybe next year Life in Christ No Mane Avenue Hair Design No To expensive 152 Club Yes Smackdown's Bar Yes St. Albert's Church/Parish No Tela-ad, Inc. No Grandma Jon's Too No answer • 0 28 • • Administration Report Date: December 10, 2003 To: City Council From: Larry R. Kruse, City Administrator Re: Follow-up from 12-3-03 and other information 1. Karson Cove: Continue to working with Mike Couri to recover funds from Developer/Builder on $12,000 sprinkler water bill and it may take until early January to resolve. 2. Barthel Industrial Park Feasibility Study: Proposal to update an earlier feasibility study to be presented at the January 2061 meeting. 3. City Hall Hours: St. Michael has similar hours offering one extended day and City Hall closed on Friday afternoons. Otsego is open four ten-hour days and is off on Friday. I would like to give the following 40- hour schedule a try and we can amend it if it does not work. Monday 7:30a.m. to 4:30 p.m. Tuesday 7:30 a.m. to 6:00 p.m. Wednesday 7:30 a.m. to 4:30 p.m. Thursday 7:30 a.m. to 4:30 p.m. Friday 7:30 a.m. to 12:00 noon 4. Pursuing Finance Director Information including job description, budget and hiring schedule to present in January. 5. Pursuing cost estimate to codify the City Ordinances. 29 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Site and Building Plan Applicant's Name: Alshouse Properties (,Seasonal Concepts) Request: Alshouse Properties has requested approval of site and building plans for Seasonal Concepts and another retail building for Lot 2 of the Shoppes at Towne Lakes One preliminary plat. Planning Commission Meeting Date: November 12, 2003 City Council Meeting Date: December 1, 2003 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following fmding of fact and decision: A. The proposed legal description of the subject property is Lot 2, Block 1, The Shoppes at Towne Lakes One, according to the recorded plat thereof, Wright County, Minnesota. B. The Planning Report, dated November 6, 2003, prepared by NAC, Inc. is incorporated herein. C. The Planning Commission has found the exterior building treatments and colors acceptable. D. The Planning Commission Recommendation for the application is incorporated herein. E. The Site and Building Plans are in substantial compliance with the Albertville Zoning Ordinance (with the conditions outlined herein). Decision: Based on the foregoing information and applicable ordinances, the site and building plans including Seasonal Concepts and another retail building for Lot 2 of the Shoppes at Towne Lakes One preliminary plat is approved based on the most current plans and information received to date, subject to the following conditions: 1. The applicant is required to submit shared access and parking agreements that will run across all lots to allow for common use of parking in the event of overflow need. 2. The proposed pole lights must be revised to match the pole lights in the rest of the PUD. The down -light fixtures above the awnings must be revised so that the light sources do not drop below the level of the hoods. 3. If any freestanding lights are proposed in the Seasonal Concepts outdoor display area, they must be a bollard style to avoid impacting the residential area to the east. 4. A landscape irrigation system is required and must be noted on the landscape plan. 5. At the entrance/exit at the back of the small retail building, shrubs shall be located further from the building with a sidewalk or stoop serving the doors. The shrubs shall be pruned to not obscure visibility of the doors. 6. The Planning Commission recommends allowing some flexibility in planting boulevard trees with a less dense canopy, such as honeylocust, along Laketowne Place or in an alternative arrangement provided the applicant submits a revised landscape plan for City approval. 7. The building elevations and floor plans illustrate tower features on west side of the small building. The site plan, landscape plan, and other plans shall be revised to be consistent with this design. 8. No outdoor displays may occur outside of the designated outdoor display areas on the east and west sides of the Seasonal Concepts building. • • 30 9. The project must comply with Fire Code requirements as outlined in the letter from Futrell Fire dated October 29, 2003. 10. Grading, drainage, erosion control, and utility plans are subject to City Engineer review and approval. Adopted by the Albertville City Council this V day of December 2003. Attest: • Un Larry Kruse, City Administrator City of Albertville Lo Don Peterson, Mayor 31 Proiect Summary Shoppes at Towne Lakes Center • Albertville, Minnesota Lot 3 of Block I The CraLCo. Inc. 1300 Willowbrook Drive �Vavzata, Minnesota v391 It is the intent of the applicant, The Cram Co. Inc. (TCCI), to develop 24,500 sf of retail eonsistinL, of a 20.000 sf `Furniture/Home Accessory Store" and a 4800 sf multi -tenant building. in the Shoppes at Towne Lakes Center. The land is in a PUD area being developed bv Contractor Property Developers Co. (CPDC) and TCCI intends to purchase the plat of Lot _' of Block 1. The applicant is reque,ting that Site and Building Plan Rc�iew be approved Keith the ti)Ilo\N ing provisions: ` I. Parkinu calculations he considered under the PUD a'«'reg�ate parking review. i_Sec the attached Summarv). Land>:caping requirements include interior lot line hou!cvard trees installed by CPDC and included under the PUD review. 3. The applicant has obtained architectural image and building review and approval from CPD(:' as pan of their overall design and development. Site The site is locatcu oil Highway 19 north of the Outlet Mall and contains 2.15 acec-s. It is currently agricultural in use and is under PUD consideration b\ the Citv of IbertviIle which was applied for by CPDC. Included in the PUD along %Vith this site. arc other retail sites, a hotel and housiml. 1 wo buildin s . re planrcd for the site. They are located to enhance the site lines froin • sdjoining propetlies. The structures arc separated to maintain a pedestrian scale or huildings and to ailo\,esite lines into the site. Storefronts and parking are !oc.ned On t5c hi_h-\ av Side 'a ith the proposed structures pro• idim_ a � isual screen from the residentiai area. Landscaping and an exterior patio racing the residential area 'a ii1 make a visual transitional lu\er hct,.yeen the building and the road. Architectural fcautres of the huildin2S will be compatible to the rest of the structures i❑ the l'UD as approved by CPDC. Architecture The Tiddin_'s :nvhitcc:ur: eokes an aesthetic 'with details Such as roof overhan, s. support brackets. roof Cupolas. and lantern !ioht \.\all sconces. Rrri!�in« nmteriais ha\e h;en >c!ectcd to reintoxce the rural ima_e. tSce Fmcriur Finish, hcy on A200I. Main entries �vill face the main parking area. The •'Furnirrre!llomc _�cccss:�r Store" will lino c a rear storefront open to an et.crior patio. `\:undo\\ s and ae nin_s ar-c strue,,ically located on the cxteuor of hOth buildin,_,s to enhance the architectural features .end %\ork �Anh ;he retail rrterchandisinL_ on the interior. EXHIBITr ,l t µ 32 Rock face C\IU with a variegated color. will recall Kasota limestone. Brick will he • used to accent the base. windows and columns. Standing seam metal roof will form a :L)\CI-Cd ,\!aik at the main entry and pitched roof elements. Vertical and Board and Batten lap siding is used to hiublight the entry and selected corners. BLIrnisl?ed CNI is used as an accent stripe to visually connect the architectural highlights. The materials on the 'L o buildings on this site «ill be the same. architectural details will be similar he mcen the two buildings. Landscapin Landscaping has been used to reinforce the architectural concepts and provide a transitional layer between the buildings and the Surroundina residential arca- The site is outlined �\ ith boulevard over -story trees as part of the PUD application: This %WUld include 10 trees on this site a1rnc the %Aestern interior lot ]Inc. The interior of titc Site has been designed to reinforce the architecture and provide a visual trallsition la%er to the surToundinsi residential area. "Drees located in ;Ite parking islands and low planting around the building edge preserve sire lines to the retail storefronts. The scryice areas :u-e viSually screened Frith closely .paced conifers. file patio area is outlined v�ith !oa- planting and S\lnnicu-ically placcrd conifers and maples. Building Use It is the intention of the applicant. to 1r:aSe the 20.0t?0 Sf 10 a "Horne accessary Store". "I he store would consist of approximately 16.O00 sf of sales floor and 4000 si of rrarchause strnage. It is estimated stock _,vould be delivered once a week. The delivery Vehicle would lea\c the site after completion. Custonlc:r pick-up .+could ocr:ar on grade, alom-, side the delivery dock. Nn exterior pall( in the rear of the building is intended to he uSed as a seasonal decorainc area. Outdoor furniture vignettes and seasonal pianting diSpl:Iys ',youid bo set up in the patio area. This would serve to provide some limited iCti'. ity vet be a resilectfui image from the residential area. 1t is the intention of the applicant. to lease the 4S00 sf buildinL to multiple tell INS TBI). Storefronts %ill face the plain parking area. Tenant; gill be �;crvkced 111roltan the !,-out door. An L morior iraSh CIICIOSLIFC wIil tr111r ,Cr-L:C❑ a r\ I?C il;d waSte i;l!Ill:nncr. Parkin harking i, i?I'()\ ILICr1 !.!Otter the PUD al-plik:anon from C.PI)C. 1-11dcr Oil,, re`,lc%k. L".[ FL'GLLlres cl, slails and ,upplies S6. The remainder of ilic pa t:inL is pro-, kdCrl `.Within the P17D site as outblletl in ,Ile atlached sunim.kr\. Park!n2 area iii,iit!ng 'All! Luilllc t1lC lxuue . hn)ved d,,rough the I'll_'D. iSCC Xachcd shcou. 33 Lot 3: Retail Lighting and l,ireplacc Store - 9600 square feet (7.09Osf retail and I500sf warehouse) • :A) 90"0 ol'\on'Xarehouse -- 6.390 square feet Parking l stall per 200 square feet = 3 1.95 B) Warehouse :area: 2500 square feet Parking l stall per 1000 square feet = 7.5 Total Required: 3 Total Supplied: 37 Lot 4: Retail - 9500 square feet 1) 90° 6 of Retail :area - 8550 square feet Parking, 1 stall per 200 square feet = 42.7 Total Required: 43 Total Supplied: 36 Lot 5: RC AaUrant - 6,70 square iect A) (iross Service and Dinim" area: 3870 square feet Parking l stall per 40 square feet = 96.7 B) kitchen/StoraLe Area: 2500 square icel Parkin-, i stall per 80 square feet - 3I _2 Total Required: 128 Total Supplied: 97 -ot 6: (.'ountrN inn and Suites -- 6,S roums \) One space 1.1r each rental unit 68 h) ( )nc space Ibr each ten units = 6.8 C) Une space for each emplo�ec i)n shift = Total Required: 78 Total Supplied: 84 • • 34 • • • PARKING SPACES FOR LOTS 1 - 4 TOTAL SPACES REQUIRED: 258 TOTAL SPACES PROVIDED: 266 TOTAL DEFIECl-ENCY OR SURPLUS: + 8 PARKING SPACES FOR LOTS 5 & 6 TOTAL SPACES REQUIRED: 205 TOTAL SPACES PROVIDED: 181 TOTAL DEFIECIENCY OR SURPLUS: - 24 TOTAL PARKING SPACES TOTAL SPACES REQUIRED: 463 TOTAL SPACES PROVIDED: 447 TOTAL- DE:FIECIE\CY OR SURPLUS: - 16 ioIu1/.4veru, eN ivc•re )rovide by the histinite of 7'runsporiution l.n incurs f17k 35 October 24, 2003 Mr. Alan Brixius, Northwest Associated Consultants 5775 Wayzata Blvd., Suite 555 St. Louis Park, MN 55416 Re: The Shoppes, at Towne Lakes - Snow Removal Plan Dear Alan, As a follow up to the comments and condition in the staff report about the need to prepare a snow removal plan for consideration I offer the following descriptive plan. The snow plowing overall within the project will be contracted annually through the association with one vendor, The private streets, parking lots and sidewalks walks in the project will be maintained by the one contractor for all the lots. As the snow ar-CUMUlates it will most likely need to be trucked off site to one or more of the adjacent storm water retention ' conds. The infiltration swale along the south property line of Lots 5 Uis also a potential storage area as well. If you have any questions please feel free to contact me. Sir;; urel David Hempel EXH1131T K • 0 0 36 IN 5775 Wayzata Boulevard, SuiteLouis ON Telephone:is i. s R 952.595.9837 planners@naeplanning.com A. MEMORANDUM TO: Albertville Planning Commission FROM: Michael Darrow / Alan Brixus DATE: December 4, 2003 RE: Albertville - The Shoppes at Towne Lakes I — Final Plat NAC FILE: 163.06 — 03.21 BACKGROUND Contractors Property Developers Company (CPDC) is requesting final plat approval for The Shoppes at Towne Lake 1. The expressed intention of these applications would be for the commercial build out of Lot 1, Block 1 and Outlot E, located between County Road 19 and Langford Drive within the Towne Lakes subdivision. The Shoppes at Towne Lake 1 was granted PUD preliminary plat approval on November 4th, 2003. Review of the final plat is based on the PUD preliminary plat and the City's subdivision and zoning standards. Attachments: Exhibit A: PUD Preliminary Plat Map Exhibit B: Final Plat Map Exhibit C: Final Grading Plan Exhibit D: Final Sanitary Sewer and Watermain Plan Exhibit E. Final Storm Sewer Plan Exhibit F: Street Construction Plan Exhibit G: Profiles/Details Exhibit H: Final Landscaping Plan RECOMMENDATION After receiving confirmation from the developer regarding the status of specific portions of the submitted plans, staff recommends approval of the final plat for The Shoppes at Towne Lake 1. This recommendation is based on the findings made in this report and review of the attached plans. The final plat is consistent with the approved preliminary plat and therefore, staff recommends approval of the final plat subject to the following conditions: 37 1. Developer enter into a development contract with the City that addresses the conditions outlined in this report and those identified in the findings approved on November 4, 2003. 0 2. Subject to the comments of the City Engineer. FINAL PLAT ANALYSIS Performance Standards . The lot, block, and street design illustrated on the proposed final plat are consistent with the PUD preliminary plat submission, which was approved on November 4, 2003. The proposal is consistent with performance standards for properties established as part of PUD zoning and site plans. Lots and Blocks. The overall plan consists of 6 lots. The overall lot design is intended to be an integrated shopping area that will provide shared parking and access arrangements. As part of final approval, the developer shifted the access of Lot 1 further south to align with the access drive to Lot 2. Additionally, Outlot A of the preliminary plat was eliminated and combined with adjoining Lot 1. Lot 3 and 4 have been adjusted to align with each other. Streets. Access between the public streets of Lake Town Drive, Linwood Drive, and Langford Drive are intended to be provided through a system of private streets that will serve the commercial areas. A private street system is allowed through the establishment of a planned unit development. All private streets shall be 28 feet in width. 0 As part of Preliminary Plat approval, access from the Outlets of Albertville must be designed in a manner that will insure one-way north -bound traffic entering the site from the Outlets of Albertville. Preliminary plat approval was granted and all conditions have been met with regards to street width and right-of-way however, the drive proposed to be named Langford Drive must be changed to Linwood Drive. Additionally, the applicant must address with truck maneuvering templates, how truck circulation for delivery of goods will occur for Lots 1,2,3, and 4. Landscaping. CPDC submitted a preliminary landscape and lighting plan. The plan illustrated a fairly generous landscape plan with CPDC responsibility being the tree planting within the street boulevards. The preliminary plat indicated 63 over story plantings. The final landscaping plan identifies 62 over story plantings and include Imperial Honeylocust, Autumn Blaze Maple, and Fallgold Ash. These trees are intended to be 2.5 to 4 inches balled and burlapped. The tree list is consistent with the tree list established in the City's Zoning Ordinance. The applicant has also provided an illustrative landscape plan for the individual lots, however, as claimed on their landscape plan, all plantings and street lighting shown as screened or gray lines are for illustrative purposes only and are subject to change as the site plans for individual buildings are developed. The development agreement must identify the timing for full installation of all landscaping. 38 Grading and Drainage. The final grading and drainage plans are subject to the review • of the City Engineer. Easements. All easements are subject to the review of the City Engineer related to location and size. The easements identified on the final plat appear to be consistent with the preliminary plat and Albertville Subdivision Ordinance. Development Agreement. The applicant shall enter into a development agreement associated with the final plat approval. CONCLUSION After review of the applicant's submittal, staff recommends approval of the final plat for The Shoppes at Towne Lakes 1. This recommendation is based on the findings made in this report, subject to the conditions herein, and to the comments made by the City Engineer. pc: Jon Sutherland Mike Couri Mike Waldo Dave Hempel 39 —�� 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302.1717 TO: Larry Kruse City of Albertville FROM: Peter J. Carlson, PEkt- City Engineer DATE: December 10, 2003 RE: The Shoppes at Towne Lakes One Site Plan Review Albertville, Minnesota SEH No. A-ALBEV 0406 14 MEMORANDUM 320.229.4300 800.572.0617 320.229.4301 FAX I reviewed the site plans dated November 11, 2003, and have the following comments: Final Landscape Plan 1. Plan indicates parking 447 parking spaces provided and 469 spaces required. 2. Plantings shall not be placed to interfere with stopping sight distances at intersections. 3. Plantings shall not be placed within 10 feet of a hydrant. Final Grading Plan 4. Verify impact of grading and drainage to culvert on south property near the rain garden with emergency overflow at 955.0. Final Sanitary Sewer and Water Main Plan 5. Hydrant spacing is adequate. The fire department requires a fire hydrant to be adjacent to the building sprinkler connection. The developer, building architect, and mechanical engineer shall obtain written fire department approval for the fire hydrant locations. 6. Label gate valve at the intersection of Laketowne Place and Lamplight Drive. Final Storm Sewer Plan 7. Provide a final Storm Water Management Design for review. 8. Provide drainage calculations to provide HWL in vicinity of wetland "D" for the 100-year rainfall event to ensure CSAH 19 does not flood at elevation ±957.0. Street Construction Plan 9. Provide for sidewalk and a crosswalk to the proposed hotel across Lamplight Drive. Please call me with any questions or comments. djg c: Mike Couri, City Attorney Fran Hagen, Westwood Professional Alan Brixius, City Planner Services, Inc. Dave Hempel, CPDC Jim Schulz, SEH u:la%tlbevVW0600ko,,i city-12I007.dac Short Elliott Hendridaor Inc. Your Trusted Resource Equal Opportwety Employer • • 40 DRAFT FOR COUNCIL CONSIDERATION ON DECEMBER 15 2003 CITY OF ALBERTVILLE MASTER PLANNED UNIT DEVELOPMENT/ CONDITIONAL USE AGREEMENT SHOPPES AT TOWN LAKES ONE THIS AGREEMENT, entered into this day of , 2003 by and between Contractor Property Developers Company, collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Shoppes at Town Lakes One" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer has received final plat approval for 6 lots within Said Plat; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning Said Plat and the conditions imposed thereon; and WHEREAS, approval of a Planned Unit Development is required to permit development of Said Plat in the manner proposed by the Developer; and WHEREAS, the City has given preliminary approval of the Development contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal Improvements") be installed to serve the Development and other properties affected by the development of Developer's land, to be installed and financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of paved private streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lots, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, and other site -related items; and NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Planned Unit Development, Conditional Use and Variance The Development is hereby allowed to be developed as a Planned Unit Development with flexibility from the strict requirements of the City's Shoreline Regulations and Zoning Ordinance in relation to selected items detailed in this paragraph. A. The Developer is granted a conditional use to allow impervious surfaces to exceed the 25% maximum allowed under the City's shoreland ordinance provided Developer develops the property in accordance with the terms of this Agreement, and provided that Developer implements the following requirements as to all development which occurs on Said Plat: No building shall exceed 25 feet in height, except the building to be placed on Lot 6, which shall not exceed 40 feet and 1 inch in height (as defined under the City's zoning ordinance). Developer is hereby granted a variance from the height provision of the City's shoreland 41 ordinance to allow the building to be constructed on Lot 6 to a height not to exceed 40 feet and 1 inch. • ii. The City may impose reasonable building requirements on any building not detailed on the Exhibits attached to this Agreement in an effort to reduce visibility of the building from the public waters of adjacent shorelands by vegetation, topography, and building color. iii. For each lot upon which impervious surface will exceed 50% of the lot area, all buildings must be set back at least 300 feet from the ordinary high water mark of School Lake, or the Developer must implement and maintain rain gardens, depressions, storage and filtration systems in a manner that reduces the storm water runoff for each such lot to a total volume that would be achieved if the impervious surface lot coverage were less than 50% of the lot area. B. Developer agrees that all buildings shall be constructed in the general vicinity of the building envelopers illustrated on the attached Exhibit B. The exact building placement/design shall be subject to site plan approval by the City Council except where specifically set out in this agreement. C. At the time of the recording of this Agreement at the Wright County Recorder's Office, Developer shall record a cross -parking easement which will allow mutual cross -parking between lots 5 and 6 and a cross - parking easement which will allow mutual cross -parking between lots 1, 2, 3 and 4. Such cross parking easements must meet the approval of the City Attorney as to form and content. D. Developer shall construct the number of parking stalls in the locations and dimensions as shown on the attached Exhibit B, plus the seven extra stalls required by Paragraph 1.0. of this Agreement. E. All minimum building setbacks shall be as follows: i. For Lot 2, a minimum building setback of 20 feet from West Lake Town Drive and Linwood Drive right of ways shall apply. ii. For Lot 3, a minimum building setback of 25 feet from Wright County State Aid Highway 19 shall apply, provided Developer constructs the building shown on the attached Exhibit G in the configuration and of substantially the same materials as shown on the attached Exhibit G. iii. For Lot 4, a minimum building setback of 20 feet from Langford Drive and all private streets shall apply. iv. For Lot 5, a minimum building setback of 25 feet from the private street along the west property line and 30 feet along the north property line shall apply. V. For Lot 6, a minimum building setback of 29 feet, 4 inches from Langford Drive shall apply for the main portion of the building, provided that an attached structure as shown on the attached Exhibit B housing an indoor pool may be constructed at a minimum building setback of 20 feet from the right of way of Langford Drive. vi. For any of the lots on Said Plat, if a minimum building setback along one of the private streets has not been otherwise specified, such minimum setback shall be at least 20 feet. F. Developer shall construct all private streets to a minimum width of 28 feet, face to face in the locations as shown on the attached Exhibit F. Parking shall be prohibited at all times on all private streets, and all private streets shall be posted with "no parking" signs installed by the Developer. G. Traffic access from Said Plat south to the Outlets at Albertville Second Addition plat shall be prohibited at the south west access point. Only north bound traffic from the Outlets at Albertville Second Addition plat to Said Plat shall be permitted at this access point. H. Developer shall maintain all private streets on Said Plat in a commercially reasonable manner such that the streets are paved and plowed at all times and such that cars and emergency vehicles can safely pass on said roads at all times. At the time of recording of this Agreement at the Wright County Recorder's Office, Developer shall record a private street maintenance agreement which requires all six lots on Said Plat to maintain said private streets in a commercially reasonable manner as required by this Agreement. Such maintenance agreement must meet the approval of the City Attorney as to form and content and shall take the form of a Retail Owners' Association. Upon recording of such documents and activation of the Retail 42 Owners' Association, Developer shall be relieved of the maintenance of such private streets except to the isextent Developer's maintenance obligations arise under the Retail Owners' Association by virtue of Developer's ownership of property subject to such Retail Owners' Association documents. I. In the event the private streets are not maintained in accordance with this Agreement following twenty four hours notice of deficient maintenance to the owners of all of the lots in Said Plat, the City may immediately require that commercial business not be transacted on any lot in Said Plat to which access is impaired. I The Retail Owners' Association shall maintain the infiltration plantings shown on Exhibit C in good working order at all times. K. The uses on Lot 1 of Said Plat shall be limited to a restaurant permitted under the City's B-2A zoning ordinance. L. The uses on Lot 5 of Said Plat shall be limited to a "sit-down" (non -fast food) restaurant otherwise permitted under the City's B-2A zoning ordinance. No other type of use on said lot shall be allowed under this Agreement without a modification to this Agreement.. M. The use on Lot 6 shall be limited to a motel permitted under the City's B-2A zoning ordinance. No other type of use on said lot shall be allowed under this Agreement without a modification to this Agreement. N. The uses on Lots 2, 3, and 4 shall comply with the City's B-2A zoning ordinance except where flexibility from the provisions of such ordinance has been granted via this Agreement. O. A reduction of 24 parking stalls in combined parking on Lots 5 and 6 based on the building square footages shown on the attached Exhibit B and based on the use of Lot 5 as a sit down restaurant and Lot 6 as a motel is hereby approved. P. For Lots 1, 2, 3 and 4, the combined parking requirements shall exceed those required in the B-2A zoning district by a total of 7 parking spaces. Q. This Agreement does not constitute building or site plan approval for any particular lot in Said Plat, and Developer must obtain building and site plan approval for all buildings constructed on Said Plat. R. All uses on Said Plat shall comply with the City's B-2A zoning ordinance as amended from time to time, except where deviations from such requirements are specifically authorized by this Agreement. S. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of the Development shall be subject to review and approval by the City Engineer. T. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit C. The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. All landscaping as shown on attached Exhibit C shall be installed no later than October 31, 2005. U. Developer shall replace, at its own expense, any plantings as shown on attached Exhibit C that might be damaged during the construction of any future buildings on Said Plat. Developer shall guarantee that all plantings replaced pursuant to this paragraph shall survive for two full years from the date of planting. V. Other Use Restrictions. On all lots within 30 feet of any wetland, the native vegetation within said 30 feet of the wetland shall not be fertilized or mowed or otherwise disturbed. On all lots within 30 feet of any wetland, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any phosphorus - based fertilizers or herbicides within fifty (50) feet of any wetland or lake. 43 2. Construction of Municipal Improvements. • A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Shoppes at Town Lakes One, as prepared by Westwood Professional Services dated , 2003 and on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, and trail along CSAH 19. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2004, with the wear course of bituminous pavement to be installed after May 15, 2005, but before August 15, 2005. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. • D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of paved streets, curb and gutter, sidewalks, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All private streets shall be installed according to the plans and specifications for Shoppes at Town Lakes One, as prepared by Westwood Professional Services dated , 2003 and on file with the City Clerk. All yard areas shall be sodded with grass or landscaped in accordance with the attached Landscaping Plan. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off -site improvements shall be installed no later than October 31, 2004, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat, and except that the parking lots for each of Lots 1, 2, 3 and 4 may be constructed when a building is constructed on such respective lot. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or within the private street easements or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: 0 Electrical power supply, to be provided by Xcel Energy or other such carrier; 44 ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; • iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit D. Developer agrees to have all utilities installed according to this Exhibit D. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall abide by the City Engineer's requirements for silt fencing of the lots and access to the lots during building construction. E. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy shall be issued if all on- and off -site improvements except landscaping and sod have been installed. In such cases, the Developer shall cause the required landscaping and sod to be installed by the first June 30" following the issuance of the occupancy permit. 0 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $405,628.00 representing the sum of 100% of the estimated cost of the Municipal Improvements ($139,028.00), 100% of the on and off -site improvements related to streets, ($116,600.00), and 150% of the estimated cost for landscaping/screening materials ($150,000.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment 45 and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. is E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements and on- and off -site improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. Developer may substitute a warranty bond acceptable to the City Attorney for the warranty letter of credit in the same amounts and duration as required for the warranty letter of credit. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the said Plat, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Development, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore the Development to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Development and to facilitate mowing 46 of the Development. In the event that said costs are not paid, the City may withdraw funds from the above - mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of the Development, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Development without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Development Related Fees and Credits. A. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to pay $1,400.00 per acre and $1,200.00 per acre respectively, upon development of said Plat. There are 9.6 acres in said Plat which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk Line Fees for all property receiving final plat approval is $24,960.00 ($11,520.00 in sewer fees calculated as $1,400.00 x 9.6 acres and $13,440.00 in water fees calculated as $1,200.00 x 9.6 acres). 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit E. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove . inadequate in any respect. 10. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from the Development may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of the Development. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in the Development. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on the Development will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on the Development will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, • the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within the Development and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. 47 Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. • 12. Temporary Easement Rights. Developer shall provide access to the Development at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract (including the • expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this Agreement. However, all continuing obligations under this Agreement shall remain binding upon the properties covered by this Agreement and their owners. Said continuing obligations include, but are not limited to, paragraphs 1, 7, 13, 15, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of this Agreement. F. The Developer represents to the City that the Development complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Development does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Development, Developer shall provide the City with evidence of good and marketable title to all of the Development. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater • treatment plant capacity may occur for some lots located within the Development depending upon when building permits are applied for and that such delay in capacity availability may also delay the issuance of building permits for some lots within the Development. 48 J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than • two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. 14. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of said irrevocable letter of credit must be approved by the City Attorney prior to its issuance. 15. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in the Development pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 15(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 15A of this Agreement shall not apply to any acts or rights of the City under paragraph 417, and no notice need be given to the Developer as a condition precedent to the City drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. Dedications to the City. A. Municipal Improvement Dedications. 49 The Developer, upon presentation to the City of evidence of good and marketable title to the Development, and upon completion of all construction work and • certification of completion by the City Engineer, shall dedicate all roads, road and trail right-of-ways, curbs, gutters, ponds, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication. The City agrees that the Developer has fully satisfied its park dedication fee obligations with the park dedications made by Developer pursuant to the Towne Lakes Third Addition Plat 17. Phased Development. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 18. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the Development approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys fees. Third parties shall have no recourse against the City under this contract. is 19. Assignment of Contract. The obligations of the Developer under this Contract can be assigned by the Developer. However, the Developer shall not be released from its obligations under this contract without the express written consent of the City Council through Council resolution. 20. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Intearation Clause, Modification by Written Agreement Only. 50 This Agreement represents the full and complete understanding of the parties and neither party is relying on any • prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Contractor Property Developers Company Attn: Homer Tompkins, President 3030 Centre Pointe Drive, Suite 800 Roseville, MN 55113 Telephone: (651) 556-4550 Fax: (651) 566-4551 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk CONTRACTOR PROPERTY DEVELOPERS COMPANY By STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Homer H. Tompkins III Its President • The foregoing instrument was acknowledged before me this day of , 2003, by Donald Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. 51 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Notary Public The foregoing instrument was acknowledged before me this day of 2003, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Notary Public The foregoing instrument was acknowledged before me this day of 2003, by Homer H. Tompkins III, as President of Contractor Property Developers Company. Notary Public DRAFTED BY: Court and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763)497-1930 0 • • 52 1�1 • EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the Plat to which this Developer's Agreement applies is as follows: Lots 1-6, Block 1 All said property is located in Shoppes at Town Lakes One, City of Albertville, County of Wright, Minnesota. 53 EXHIBIT B Site Plan EXHIBIT C Landscaping Plan EXHIBIT D Sanitary Sewer, Water Main, Storm Sewer and Street Plan EXHIBIT E Grading Plan EXHIBIT F Street Plan EXHIBIT G Lot 3 Building Plans • • • 54 0 • • a, a _ ?Z'B98 F�--------------- LLi1F3 - ---------------- o I u 12 9 ci OT F:. --------- .n \.Y pJf. r----Bf'IYZ ' - �•` I �` \ p� � _ � �� = LAd*�L � ` i ,�� \ •'$>!�/ �` � fig• � n � s• g„} Y - I \ _ I can �t ,a. v3 I v `•� / /L`� \1 O9 Wr� 2'3 M °�OS� �Yi,�°� / F g pY �Paj $ n \� a Jcr-WW CS I ul @ I /. \•YES Qq / h �� � I __ r \?y I P�.p GZ',n I .s ° '� N I , o • �•'y � it s, y� ,`_ i £ of —I E �� I � / now, �-I'' �� t> W 5 0/ —t B � y < 112 �s l? t, • �g s� ��`s I I i3Q 5q EIWO • ass li21 p$ J sgT` gl � o q�N 6yy � � IIjj� lli II il�i II il�i � I I•I s � It! 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