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2002-01-07 CC Packet
ALBERTVILLE CITY COUNCIL AGENDA January 7, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) December 17, 2001, City Council Meeting 3. CITIZEN FORUM - (io Minute Limit) r�, 2, 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 15671—15681) (b) Approve On -Sale, Off Sale and Sunday Liquor License for Gary Vetsch to re -open the business formerly known as KD's Family Restaurant (c) Approve Wenzel & Associates, Inc. as a provider for Deferred Compensation Plan 5. DEPARTMENT BUSINESS a. Fire D partment b. Public Works/Parks (1) Public Works Report c. Planning & Zoning • None d. Engineering • Traffic Study e. Legal (1) Albert Villas 4`l Addition • Final Plat • Resolution #2002-2 (A Resolution of the City of Albertville, Wright County, Minnesota, to amend the Comprehensive Plan to Change the Land Use Designation of Property Within the Project Known as Albert Villas 4' Addition) • Ordinance #2002-1 (An Ordinance Changing the Zoning of Certain Land in the City of Albertville, Minnesota) • Developer's Agreement City Council Agenda January 7, 2002 Page 2 of 2 ,��o (2) Discussion regarding funding of traffic study S i ao f. Administration (1) Resolution #2002-1 (A Resolution Making Appointments to Certain Offices and Positions within the City of Albertville for the Year 2002) gild -v5V -(2) Purchase offer from Welcome Furniture (3) Ice Rink attendant (4) Discuss sidewalk/trail clearing ordinance 6 C� 9 /Pose l 6. ADJOURNMENT (?) ALBERTVILLE CITY COUNCIL December 17, 2001 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin and John Vetsch, City Attorney Mike Couri, City Engineer Pete Carlson, City Planner Cindy Sherman and City Administrator Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: ■ Delete Item 6f(1) ■ Amend Item 6f(2) - Granting a gambling license to the Albertville Lions at Geez' ■ Add Item 6f(6) - DA discussion ■ Add Item 6f(7) - Building Inspection - fees ■ Add Item 6f(8) — Resignation of Secretary/Receptionist — Authorize ad for employment Franklin made a motion to adopt the agenda as amended. Berning seconded the motion. All voted aye. Berning made a motion to approve the minutes of the December 3, 2001, meeting. Vetsch seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. No one wished to address the Council. Russ Gohl, 6040 Kalland Circle NE, presented a petition signed by the area residents opposing the installation of an additional street light on the circle. The petition states that there are two existing street lights on the circle, and the neighbors feel two street lights are adequate. Berning made a motion directing the Public Works Department to cancel the proposed street light on Kalland Circle. Franklin seconded the motion. All voted aye. Ray Fredericks, 6110 Kalland Circle NE, questioned what progress has been made in redirecting the parking lot and building lights on the Albertville Plaza building. Planner Cindy Sherman explained that the developer has submitted the lighting plan and made some adjustments to the shields on the parking lot lights. Shields will be added to the lights attached to the building. Staff will continue to monitor the 2°a Wind pylon sign to be sure that it is in compliance with City ordinances. Berning requested that Check #'s 15532 and 15549 be removed from the Consent Agenda and placed under Administration. Vetsch made a motion to approve payment of check #'s 15533 — 15548, and #'s 15550 — 15565 as presented. Franklin seconded the motion. All voted aye. Albertville City Council Minutes December 17, 2001 Page 2 of 4 Vetsch made a motion to authorize the payment of all just claims received by December 31, 2001. Franklin seconded the motion. All voted aye. Homer Tompkins, representing Contractor Property Developers Company, explained that his company is applying for a city franchise to offer fiber optic video, telephone and data to the residents in the Towne Lake project. The homeowners will have the alternative choice between services provided through the Fiber To The Home (FTTH) or the incumbent providers. The franchise agreement will require FTTH to pay three (3%) of the profits to the city. Mayor Olson asked for public comment. There was none. The consensus of the Council is to grant FTTH a cable franchise. City Attorney Mike Couri explained that Kennedy & Graven will prepare a resolution and an ordinance allowing a cable franchise for the Council to consider at the next meeting. Berning made a motion to accept the Public Works Department Report as presented and to authorize the installation of a wood pole with a street light on the west side of Lachman Avenue with overhead lines to the southeast corner of Lachman Avenue and 60th Street where another pole and street light will be added. Franklin seconded the motion. All voted aye. Vetsch made a motion to accept the WWTF/Water Department Report as presented. Berning seconded the motion. All voted aye. Planner Cindy Sherman presented the Albert Villas 4th Addition final plat to the Council. Th plat consists of 64 single family lots, is 00.11 acres in size, and is located south and east of County Ditch #9 and south to the Albertville City limits. Because of questions regarding the landscaping requirements on the Albert Villas 1st, 2°a, and P Additions, Sherman asked the Council for input. The Council concurred that the agreement required two 2%2 inch diameter trees to be planted on all unbuilt lots in the first three additions of Albert Villas. Gary Rudy, representing Edina Development, stated that the covenants will be amended in the first three additions of Albert Villas to require the two 2%2 inch diameter trees. Planner Sherman explained that the landscaping plan for Albert Villas 4th Addition requires a streetscape with 3%2 inch deciduous trees and 4-6 foot tall coniferous trees. Staff is requesting that final action on the Albert Villas plat occur simultaneously with the approval of the Developers' Agreement at the first meeting in January. Keith Ulstad, Oppidan Investment Company, showed the Council a proposed site plan for a Coburn's grocery and related businesses on the south side of 57th Street. The proposed Coburn's store is 53,000 square feet in size. One condition Coburn's requires is the installation of a traffic light at the intersection of CSAH 19 and 57th Street NE by the spring of 2003. Ulstad r Albertville City Council Minutes December 17, 2001 Page 3 of 4 explained that the landowner and developer have agreed to pay for one-half of the cost of the traffic light. Vetsch made a motion to adopt RESOLUTION #2001-35 titled A RESOLUTION ORDERING A FEASILBILTY STUDY ON INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF CSAH 19 AND 57TH STREET NE. Franklin seconded the motion. All voted aye. The Council discusses establishing a moratorium on new development in the City to allow time for completion of a traffic study. The Council agreed that developers would be allowed to proceed with planning at the staff level throughout the moratorium, but no official action on new development will take place until the moratorium is cancelled. Vetsch made a motion to adopt RESOLUTION #2001-32 titled RESOLUTION ADOPTING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE PLATTING OF PROPERTY LOCATED IN THE CITY OF ALBERTVILLE. Adoption of this resolution adopts ORDINANCE #2001-6, exempting Outlot B, Parkview Place for the moratorium. Berning seconded the motion. Vetsch, Berning, and Olson voted aye. Franklin voted no. The motion carried. Franklin made a motion authorizing payment of the Peterson litigation judgment in the amount of $16,621 plus interest, in addition to the $44,000+ previously deposited with Wright County, which will be returned to the City. Berning seconded the motion. All voted aye. Franklin made a motion to adopt RESOLUTION #2001-34 titled A RESOLUTION APPROVING CLASS B (Pulltabs, Tipcards, Paddlewheels, Raffles) FOR THE ALBERTVILLE LIONS AT GEEZ' SPORTS BAR & GRILL. Berning seconded the motion. All voted aye. City Administrator Goeb reported that Michael Jenkins was able to return to work on light duty on December 12th. Michael has been assisting at City Hall. He has another medical appointment on January 8, 2002. The Council discussed the proposed levy established in September. Councilmember Berning stated the final levy should be cut to a total of $1,350,000. City Administrator Goeb recommended that the levy be kept at the proposed amount of $1,400,000, because it is still unclear how the new property tax system will affect cities. She also pointed out that the $1.4 million levy allows funding for special projects that the Council anticipates, such as decorative street lighting, traffic signals, trails, etc. Berning made a motion to adopt RESOLUTION #2001-30 titled A RESOLUTION ADOPTING THE FINAL 2001 TAX LEVY COLLECTIBLE IN 2002, setting the levy at $1,350,000. Vetsch seconded the motion. Berning, Vetsch and Franklin voted aye. Olson voted no. The motion carried. Albertville City Council Minutes December 17, 2001 Page 4 of 4 Vetsch made a motion to adopt RESOLUTION #2001-31 titled A RESOLUTION ADOPTING THE 2002 FINAL BUDGET, in the amount of $1,515,417. Berning seconded the motion. Vetsch, Berning and Franklin voted aye. Olson voted no. The motion carried. The city administrator will prepare information on options to proceed with hiring a part- time Economic Development Director for the next meeting. The city administrator will gather information on the City's current Building Code and fee schedule for the Council to consider at the next meeting. Franklin made a motion authorizing the advertisement for employment for the position of Secretary/Receptionist. Berning seconded the motion. All voted aye. Berning made a motion to authorize payment of Check #15532 and #15549 as presented. Vetsch seconded the motion. All voted aye. aye. Vetsch made a motion to adjourn at 9:30 PM. Franklin seconded the motion. All voted John A. Olson, Mayor Linda Goeb, City Administrator 10 CITY OF ALBERTVILLE *Check Detail Register© 41& January 2002 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 015671 1/7/02 HENNEN CONSTRUCTION E 460-49450-310 Other Professional Services $3,400.05 Payment #2 Water Main Change Order Total HENNEN CONSTRUCTION $3,400.05 Paid Chk# 015672 1/7/02 MN MOTOR VEHICLE E 601-49450-210 Operating Supplies (GENERAL) $7.25 '00 GMC (Lic # 172 163) E 602-49400-210 Operating Supplies (GENERAL) $7.25 '00 GMC (Lic # 172 163) E 101-41910-200 Office Supplies (GENERAL) $14.50 '01 CHEV (Lic# 901 671) E 101-43100-215 Shop Supplies $14.50 '01 FELL (Lic # 198 934) E 101-43100-215 Shop Supplies $14.50 '79 FORD (Lic # 138 173) E 101-43100-215 Shop Supplies $14.50 '89 CHEV (Lic # 145 888) E 101-45100-210 Operating Supplies (GENERAL) $14.50 '90 HMDE (Lic # 192 873) Total MN MOTOR VEHICLE $87.00 Paid Chk# 015673 1/7/02 NORTHWEST ASSOCIATED CONSULTAN E 101-41910-306 Planning Fees $528.76 10539 General Services Dec. 2001 E 101-41910-306 Planning Fees $38.75 10540 Burger King - JMJ E 450-49000-306 Planning Fees $327.25 10540 AV 4th - Final Plat E 451-49000-306 Planning Fees $232.50 10540 Albertville Plaza -Sign Varianc E 451-49000-306 Planning Fees $187.18 10540 Albertville Plaza Multi-tennan E 101-41910-306 Planning Fees $93.00 10540 Life In Christ Church E 101-41910-306 Planning Fees $77.50 10540 Karston Cove West PUD E 451-49000-306 Planning Fees $77.50 10540 Albertville Plaza/ A-1 Video S E 438-49000-306 Planning Fees $62.00 10540 CC So. 7th E 101-41910-306 Planning Fees $38.75 10540 JMJ Phase III E 101-41910-306 Planning Fees $31.00 10540 50th & 19 Sketch (Land Moen) E 101-41910-306 Planning Fees $0.50 10540 Mrs. Fields-Signage E 456-49000-306 Planning Fees $38.75 10540 Towne Lakes - Vetsch Property E 101-41910-306 Planning Fees $375.00 10541 Dec.2001 mtg fees E 101-41910-306 Planning Fees $300.00 10542 Dec.2001 Zoning modifications Total NORTHWEST ASSOCIATED CONSULTAN $2,408.44 Paid Chk# 015675 1/7/02 PATS 66 E 101-41910-200 Office Supplies (GENERAL) $17.11 38329 Bldg. Inspec. Motor Fuels E 101-43100-212 Motor Fuels $15.94 38642 PW Motor Fuels E 101-41910-200 Office Supplies (GENERAL) $31.14 38872 Bldg.inspec. Motor Fuels E 101-43100-212 Motor Fuels $27.22 38902 PW Snowplow Total PATS 66 $91.41 Paid Chk# 015676 1M02 PLAISTED COMPANIES E 101-43100-221 Ice Removal $685.22 272178 Sand/Salt mixture Total PLAISTED COMPANIES $685.22 Paid Chk# 015677 1/7/02 POSTMASTER E 601-49450-322 Postage $133.06 4 Qtr. Bills Postage - Utility Bills E 602-49400-322 Postage $133.06 4 Qtr. Bills Postage - Utility Bills Total POSTMASTER $266.12 Paid Chk# 015678 1/7/02 RELIANT ENERGY/MINNEGASCO E 601-49450-383 Gas Utilities $513.12 WWTF Utilities Total RELIANT ENERGY/MINNEGASCO $513.12 Paid Chk# 015679 1/7/02 SENTRY SYSTEMS, INC. E 101-45100-405 Repair/Maint -Buildings $77.96 289596 Security - Park Shelter E 101-42000-405 Repair/Maint -Buildings $50.96 289718 Security - Fire Hall Total SENTRY SYSTEMS, INC. $128.92 CITY OF ALBERTVILLE 01/03/02 3:11 PM Page 2 *Check Detail Register© January 2002 Check Amt Invoice Comment Paid Ghk# 015680 1/7/02 SPRINT -MO E 101-42000-321 Telephone $44.01 Phone - FD-Main E 101-41940-321 Telephone- $71.48 Phone CH - Main E 601-49450-321 Telephone $29.37 Phone - WWTF E 101-41940-321 Telephone $53.06 Phone - CH2 E 101-41940-321 Telephone $123.04 Phone - taxtsurcharge E 101-41940-321 Telephone $51.06 Phone - CH3 E 101-42000-321 Telephone $44.01 Phone - FD-Fax E 101-43100-321 Telephone $42.15 Phone - PW Fax E 101-43100-321 Telephone $42.15 Phone - PW E 101-41940-321 Telephone $42.15 Phone - CH -Fax E 101-45100-321 Telephone $26.93 Phone - Park Shelter E 101-41940-321 Telephone $42.15 Phone- CH-intemet Total SPRINT -MO $611.56 Paid Chk# 015681 1/7/02 U. S. POSTMASTER E 101-41400-413 Office Equipment Rental $50.00 2002 Rental P.O. Box 9 Rental E 101-42000-200 Office Supplies (GENERAL) $20.00 2002 Rental P.O. Box 56 Rental Total U. S. POSTMASTER $70.00 10100 Security State Bank $8,261.84 FILTER: None a Minnesota Department of Public Safety * fb LIQUOR CONTROL DIVISION 444 Cedar St., Suite 100 L, St. Paul, MN 55101-2156 �wr Fay (612)297-5259 (612)296-6430 T TY (612)282-6555 CERTIFICATION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license will be approved or released until the $20 Retailer M Card fee is received by MN LiquorControl Workers Compensation Insurance Company Policy# / 171 LICENSEE'S SALES dt USE TAX ID # To apply for sales tax number, call 296-6181 or I-800-657-3777 ISSUING AUTHORITY CITY OF V \ COUNTY OF W � fit' Licensee Name (Corporation, Partnership, Individual) DOB Trade Name or DBA Business Address City - Zip Code License Type (Chock one or both) License Period County 0 On Sale e Sunday From To On Sale License Number On Sale Fee Sunday License Number Sunday Fee Business Phone If a partnership, state the name and address of each partner, If a corporation state the name and address of each officer. Partner/Officer Name (First, middle and last) DOB Title Address 5 7 7.2 --7" S TR E 1 Partner/Officer frame (i;xst, x(/ceiudle and last) LOB °Ic Address Partner/Officer Name (First, muddle and last) DOB Title Address The Licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Chock one #CA. Liquor Liability Insurance (Dram Shop) - $50,000 per person; $100,000 more than one person; $10,000 Property Destruction; S50,000 and S 100,000 for loss of means of support. or OB. . A bond of surety company with minimum coverage as specified above in A. ar ❑C. A certificate from the State Treasurer that the licensee has deposited with the State, Trust Funds having a market value of S 100,000 in cash or securities. 0 Yes R No During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop)? If yes, attach a copy of the summons. Check those items that apply Circle one Transaction Type X New 0 Revoke/Cancel Suspend/Revoke/Cancelled 0 Transfer 0 Suspension From To Transfer of ownership from (Name and Address) l a I certify that this license was approved in an 6fricial meeting by the governing body of the city or county. City Clerk's Signature Date IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, Tobacco and Firearms. For information call (612)290-3496 PS 9011-94 8. Are the premises nog% occupied or to be occupied by the applicant vvtirely separate and exclusive from any other business e tablishmcut? )', Yes -,No 9. State whether applicant has or will be granted, all On sale Liquor license iu coiy unctiou %with this ODD Sale liquor Licence and for the same premises. Ycs No D Will be granted IU. State %%hell'" applicant has or will be granted a Sunday On Sale Liquor License in corg unction %with the regular On Sale Liquor License. ; Yes G No D Will be granted 11. If this application is for a County Board OIT Sale license. state the dislancc in miles to the acarest municipality. 1. State whe(hcx applicant or any of the associates in this application, have ever had an application for a liquor license ry ected by any municipality or slate authority; if so, give dates and details. nfB 2. I las the applicant or any of the associates in this application, during the five years immediate)), preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of Arch laws or local ordinances; if so, give dates and details. )Vr) 3. "as applicant, partners, officers, or employees ever had any liquor law violations in Minnesota or elsewhere, including• State Li or Control penalties? Yes j No ffyes, &c dates, charges and final outcome. tj 4. lhrring the past license year, has a sunmions been issued under the Liquor Civil mLiability Law (Dram Shop) M.S. 340A.802. Yes YNo Ifyes. attach a copy of the summons.. .one:"` f ` r to "o:''IIg: ,ATTACH CER T iHICA T E OF INSURANCE TO THIS FORM.) Check me U A. Liquor Liability Insurance (Dram Shop) - $50,000 per person. S 100.000 more than one person; S 10.000 property or destruction; S50,000 and S 100.000 for loss of means of support. 0 B. A surety bond from a surety company with minimum coverage as specified in A. or C. A certificate from the State Treasurer that the licensee has deposited with the state, trust funds having market value of S 100,000 or S 100.000 in cash or securities. I certify that I halve read the above questions and that the answers are true and correct of m own knowkd e Print name of applicant &title Signature of Applicant Date R t U 1�S c v REPORT BY DEPARTMENT This is to certify that the applicant and the associates named herein have not been convicted within the past fin.-e years for any violation of laws of the State of Minnesota or municipal ordinances relating to into:.icating liquor except as follows: r, .-Q.� C PoliccSfi&iWs Department 'little PS 9136-94 IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, 'tobacco, and Firearms. For information call (612)290-3496. F"�,W 7&3-61 ! ' No. of Pages: 1 4 To: Attn: From: z BURNS & WILCOX, LTD 1748 Rice Sweet, Suite 300 St. Paul, MN 55113 71651-07-MM 1.800-637-7318 Fax* w4ii;7.2010 Re: GARY VETSCH (REVISED) 12/8/2001 Commission:% PLEASE WHO EFFECTIVE L= No coverage . nd until tined by our Quote . Vali or DAYS. SIGNATURE We can offer a Liquor Liability Policy in United States Liabibry Insurance Company based on total Gross Liquor Receipts of $7S,000 as indicated below: STATE: MN CATEGORY: III CODE: 00036 TERRITORY: N/A RATE PER $100 OF ON PREMISES LIQUOR RECEIPTS ($70,000) "* RATE PER $100 OF OFF PREMISES LIQUOR RECEIPTS 05,000j *** MINIMUM AND DEPOSIT Limits *Rate *'Rate ***Premium BASIC 0.850 0.250 $608 100/300 1.003 0.295 $717 COVERAGE CONDITIONS C00033 (1/96) Liquor Liability Coverage Form CG2806 Coverage Limited to Insured Premises CG2907 Minnesaat Changes -Cancellation a Noz enewal CG2"7 Minnesota Changes IL0021 Nuclear Ene%y Liability Exel L-224 Ptuunve/Pzemplary Damages L-345 Premium Audit L-346 (04/%) Definition of Prcmitim Basis L-347 A g Per Location if Appropriate L-3" Basic MN Clinics Defined (if Applicable) L-491 Amendment of Common Policy Condition LLA Signed Warranty Liquor Liability Application WARRANTIES PER APPLICATION Major Entertainment/Dancing Up To 12 Times Annually No Losses — VVol--DnS Premix3 Liability Insurance Maintained No Liquor Opetanons Away From The Insured Premises TANK YOU FOR THE OY TO QUOTE THIS RISK. PPO tT s 1 L r-ea- C27 3% 0,,� A0 /)k-V X--,/ *IM-PORTANT This quotation covers those limits and endorsements indicated and may not be those requested. Please review carefully. Quoted by the USLI Companies - Rated A++ (SUPERIOR) by A.M. Best Please fax Binder Request on or prior to proposed effective date. The Carrier will not accept a proposed effective date prior to the date we receive your binding instructions. Wenzel & Associates, Inc. Financial Products & Service Since 1964 Resolution 2001. WHEREAS, City of Albertville is modifying the said Deferred Compensation Plan vendor options to be made available to all eligible City employees and elected officials pursuant to Section 457 of the Internal Revenue Code permitting such Plans, to include Ameritas Variable Life Insurance Company serviced by the agency Wenzel & Associates, Inc.; and WHEREAS, such benefits will act as incentives to City employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their PERA retirement and Social Security; and WHEREAS, CBC, as Plan Administrator, Ameritas Variable Life as product provider agrees to hold harmless and indemnify the City, its appointed and elected officers and participating employees from any loss resulting from their or their Agent's failure to perform their services pursuant to the Program; NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville hereby authorize execution of such agreements and contracts as are necessary to expand the Deferred Compensation program. IT IS FURTHER RESOLVED that other than the incidental expenses of collecting and dispensing of the employee deferrals and other minor administrative matters there will be no cost or contribution by City of Albertville to the program Adopted at the City of Albertville, Minnesota this day of Attest: 20 Wenzel & Associates, Inc. 1976 Wooddale Drive, Suite 4 Woodbury, MN 55125 (651) 734-9930 - (800) 436-2615 Securities offered through Ameritas Investment Corp. 5900 0 Street, Lincoln, NE 68510 402-466-4565. Member NASD, SIPC 1*6156 CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Gnimout, Public Works Supervisor DATE: January 4, 2002 SUBJECT: Public Works/Parks Maintenance Report — The skating rink and warming house will be open by Saturday, January S, 2002, SECS -- Snowplowing has been going well with the help that we have. We are looking into different types of sand to better control the ice around town. The new plow truck should be here by the end of January 2002. TG:bmm a } CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT ALBERT VILLAS FOURTH ADDITION THIS AGREEMENT, entered into this day of 2002 by and between EDINA DEVELOPMENT. CORPORATION 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 "Albert Villas Fourth Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 99.65 gross acres into 64 single-family residential lots (consisting of a total of 45.45 acres) for purposes of constructing 64 single- family residential units and one outlot for future platting consisting of 54.2 acres; and WHEREAS, approval of a Conditional Use Permit/Planned Unit Development is required to allow for the aforementioned subdivision proposed by Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Albert Villas Fourth Addition 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, drainage, sanitary 1 sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to allow the development of Said Plat as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set -back requirements. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. B. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit B. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer C. As a condition of approval of Said Plat, Developer shall also install two trees in all lots in the prior Albert Villas developments (Albert Villas, Albert Villas Second Addition and Albert Villas Third Addition) except for the lots shown on the attached Exhibit C, on which Developer has already caused trees to be 2 installed (trees on lots shown on Exhibit C do not need to meet the diameter requirements of this paragraph). All such trees required to be installed under this sub -paragraph shall have a trunk measurement of at least two and one-half inches in diameter, shall be installed at Developer's expense and shall be installed on each lot prior to the issuance of an occupancy permit for such lot. The Developer shall guarantee that all such 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. D. Developer shall, at its own expense, construct sidewalks in the locations shown in ---? the attached Exhibit D at the time of road construction. E. Developer shall, at its own expense, construct trails as shown on the attached Exhibit D at the time of road construction. F. Developer acknowledges that only the numbered lots shown on Exhibit A may be platted as buildable lots until and unless Kagan Avenue is extended to Highway 18. Developer further acknowledges that access location to Highway 18 .is subject to the review and approval of Wright County. G. The Developer shall install uniform mailboxes. H. The Developer shall file property owners association covenants against all Lots in Said Plat, said covenants to be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance. I. The Developer shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that) no structures can be built within the easement areas. The applicant shall also file deed restrictions with the Wright County Recorder of Deeds for all lots adjacentto or containing wetlands, storm water ponds, or which are adjacent to Wright County Ditch No. 9 indicating that no structures can be built within 30 feet of wetlands, storm water ponds or Wright County Ditch No. 9. All such deed restrictions shall be subject to the approval of the City Attorney. J. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City with a copy of the sales literature identifying NSP and Amoco easement building restrictions, the required thirty (30) foot wetland setback building restrictions, the location of all future parrs within Said Plat, and the location of all sidewalks, 3 trails and easements. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat prior to the sale of any of said lots by Developer. K. It is the understanding of the Parties that Developer does not presently intend to make use of model homes within Said Plat. The Parties acknowledge and agree that should Developer decide to construct any model homes within Said Plat, use of such Model Homes shall be consistent with Section 2200 of the Albertville Zoning Ordinance. The Parties further agree that prior to construction of any model homes, the Parties will enter a model home agreement and that said model home agreement shall be subject to review and approval by the City Attorney. L. A temporary turn -around facility and roadway easement shall be provided at the northeast end of Kagan Avenue and the west end of 49* Street until such time as --- Kagan Avenue is extended to Highway 18 and 49,' Street is extended as a public street accepted by the City of St. Michael. The turn -around facility shall conform to the' cul-de-sac requirements of the City's subdivision ordinance and shall be subject to review and approval by the City Engineer. M. Pipeline Easement Restrictions. Lots 3, 4, 10, and 11, Block 3, and Lots 14, 15, 16, 19, and 20, Block 2 of Said Plat are subject to a pipeline easement in favor of American Oil Company as described in Document Number 165533 and in Book 5 of Miscellaneous, Page 546, of the Wright County Recorder's Office and shall be restricted in use in the following manner so long as said American Oil Company pipeline easement remains valid: Within this easement, 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. N. Electrical Easement Restriction. Lots 1 through 6 of Block'1, and lots 1 through 2 of Block 2 of Said 'Plat are subject to transmission line easements in favor of Northern States Power Company, its successors or assigns '(hereinafter referred 4 0 to as "NSP"), as described in Wright County Recorder Document No. 250955 and 251129 (hereinafter referred to as "the Easements"). Said Lots shall be restricted_ in use in the following manner so long as said NSP Easement remains valid: 1. Buildings on Easements. No building, whether temporary or permanent, including, but nor limited to outbuildings or accessory buildings shall be placed or permitted to remain within the Easements. 2. Non -Building Improvements/Landscaping. No fence, wall, patio or other structure, nor any wire, pipe, path, walkway, tree, hedge, driveway or exterior ornament of improvements of any kind, nor any addition, removal, alteration or remodeling thereof shall be made, erected, altered or placed within the Easements until plans and specifications therefore have been reviewed and approved by NSP. In any event, no planting shall be allowed within 15 feet of any structure maintained by NSP within the Easements and, further, if any of the area within the Easement is fenced, gates must be installed to provide access to NSP for maintenance purposes. Chain link or . other types of fences using metal material constructed on or near the area within the Easements should be properly grounded. 3. Work Within Easement Areas. a) Excavation/Grading Around Structure Location. A minimum distance of 15 feet of supported earth must be maintained from structures for the transmission line maintained within the Eas ments. Ground support beyond 15 feet from any such structure may to provided by a slope no greater than 3 feet horizontal to 1 foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. Fill around or above steel structure foundations is not permitted. Grades around structures must provide for surface water run-off. Ground elevations within the Easements shall not be increased above existing grade, stockpiling of soil and/or material within the Easements is not permitted. Where transmission structures are exposed to vehicular traffic, steel posts or guardrail type barricades must be installed in accordance with specifications maintained by NSP. 5 Specific plans for any such excavation or grading around structural locations located within the Easements shall be submitted to NSP for review and approval prior to commencement of any such work. b) Clearance. A working clearance of 25 feet between the electrical transmission lines, any transmission structures, and ` any cranes or digging equipment used in or near the Easements must be maintained at all times. If this clearance cannot be maintained, the person performing the work must arrange for a line outage in accordance with the procedures established by NSP. O. Other Use Restrictions. On all lots within 30 feet of any wetland, storm water management pond or Wright County Ditch No. 9, 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 fertilizers or herbicides within fifty (50) feet of any drainage easement. 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 Albert Villas Fourth Addition, as prepared by Plow Engineering, Inc. dated August 14, 2001 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2002, with the wear course of bituminous pavement to be installed after May 15, 2003, but before June 30, 2003. 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 6 3. have been constructed to City sto impairments, either to the structure' to improper construction, said warm faulty workmanship. 11 C. Developer shall provide the City w subcontractors engaged to construct Developer fail to provide the City reserves the right to draw upon De who performed work on any Munic has failed to fully pay for the perforr D. The City shall, at its option, have 1 inspection purposes at all times necessary) during the constructi Improvements. Developer agrees during said inspections. lards and shall suffer no significant to the surface or other usable areas due ty to apply both to poor materials and i lien waivers from all contractors and dd improvementson Said Plat. Should th all applicable lien waivers, the City .toper's surety and pay any contractors al Improvements and whom Developer nce of said work. City Engineer present on Said Plat for such times as the City may deem and installation of said Municipal pay for all costs incurred by the City off - site improvements including $utter, boulevards, street signs, traffic yards, grading control per lot, d,parking lots, drainage swales, berming, pinup during project development, and y^� ordinance. Front, side and portions of I be sodded in accordance with the as on file with the City Administrator's tot required to be sodded may be seeded #s permanent turf or grass must be 4 covered by a hard or impervious � e that all new plantings shall survive panting has been completed or will be per. Said on- and off -site improvements }r31, 2003, with the exception of erosion which shall be installed upon initial 1 B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items ito be installed under ground, within .7 0 Developer shall construct all on- and installation of paved streets, curb an( signs, yard top soil, sod and seed in bituminous or concrete driveways u and like items as necessary, street ch erosion control, all as required by Ci the back yards of residential lots shal Residential Development Standards Office. Those portions of the yards i with grass seed or sodded. In all case established over all areas of the lot n+ surface. The Developer shall guaran for two full years from the time the p replaced at the expense of the Develc shall be installed no later than Octobi control, drainage swales and bermin� grading of Said Plat. the street right of way or such other location asm may be approved by the City Engineer, accessible to all lots and in 'compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carver; In addition, the Developer shall, at its own expense, cause street lights to be installed at such locations as required by the City Engineer. Street signs shall also be installed of such type and at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, 'attached hereto and incorporated herein as Exhibit E. Developer agrees to install all utilities according to this Exhibit E. 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 be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. 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 8 occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. F. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit F. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 4. Intended Use of Subdivision Lots. The City and Developer agree that the numbered lots in Said Plat are intended only for single-family residential use in the number and the configuration as are shown on Said Plat. Developer shall construct only one single family dwelling per numbered lot, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. Oudot A is intended to be replatted for development in the future. Upon replatting of Outlot A, Developer shall convey to the City in fee simple absolute a portion of said Outlot shown as Outlot A on the preliminary plat and consisting of shoreline of Swamp Lake for the purpose of preserving and protecting said shoreline. 5. 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 $1,292,900.00 representing the sum of 100%; of the estimated cost of the Municipal Improvements ($1,067,000.00)50% of 4d ff 't t $38 400 00) d 150°/ f the estimated e on an a -si a improvemen a , , an o 0 cost for landscaping/screening materials ($187,500.00). 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, 9 L 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 and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081, to the extent of the costs identified in this agreement. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall ,provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If 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 I 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. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, On- and Off -site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements or the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the firstyear of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period, and the City shall retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two years from the time of the installation of said landscaping materials. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Proiect - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground - cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to verify said billing prior to payment. 12 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit F. 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. Drainage Reauirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject .Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 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 Said Plat. The Developer further agrees to pay all costs required to repair the 'streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as .a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section; 429.081. 13 1 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 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, at no time shall the City release those provisions of this Agreement which, in the City's sole judgment, contain continuing obligations. Said continuing obligations include, but are not limited to, paragraphs 1, 4, 8, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 25. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: 14 A subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer 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 Subject Property,', Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. 1. 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. 14. Violation of Agreement. A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the 15 } Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 14A of this section shall not apply to any acts or rights of the City under the preceding paragraph, and no notice need be given to the Developer as a condition precedent to the City declaring a default or 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 and/or revocation of the Conditional Use Permit. 15. Dedications to the City. A. Municipal Improvement Dedications; The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: 16 U 1. Developer shall dedicate easements to the City over, under and across all trails to the City in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. 2. Developer shall dedicate drainage easements to the City over, under and across all drainage ponds located in Said Plat. 3. Developer shall dedicate a temporary easement in a form acceptable to the City Attorney and City Engineer dedicating temporary cul-de-sacs for Kagan Avenue N.E. and 40 Street. Said temporary easements shall be released at such time as said Kagan Avenue and 49ch Street are extended as paved streets dedicated to and accepted by the city in which said extension lies. Developer shall pave cul-de-sacs to the City's specifications at Developer's expense at such time as the Developer paves the streets in Said Plat. The lots over which such easements shall be placed are as follows: a. Lot 6, Block 4; b. Lot 28, Block 2; c. Lot 6, Block 1; d. Lot 1, Block 2. 4. Developer shall dedicate to the City all roads, road and trail right-of-ways, curbs, gutters, sewers and water mains and utility easements located within Said Plat. Prior to the City's acceptance of said dedications, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedication Fees: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the numbered lots in Said Plat, Developer shall pay the City a cash payment totaling $96,000 (64 lots x $1,500.00 per lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. 16. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development 17 of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties. for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 19. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this Agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat, Developer agrees to pay a trunk sewer charge in the amount of $63630.00, representing $1,400 per acre of Said Plat multiplied by 45.45 acres contained in Said Plat (excluding Outlot A). In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $54,540.00 representing $1,200 per acre of Said Plat multiplied by 45.45 acres contained in Said Plat (excluding Oudot A). Developer agrees to pay said amounts prior to the City's release of Said Plata 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 fiunished by the Developer as provided herein. 18 t 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. Integration Clause. Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville Edina Land Corporation c/o City Clerk 700 Industry Avenue P.O. Box 9 Anoka, MN 55303 Albertville, MN 55301 Attention: Rick Lewondowski Telephone: (763) 497-3384 Telephone: (763) 323-9086 25. Agreement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk 19 EDINA DEVELOPMENT CORPORATION Rv 12irlr T Pwnnrinavclri STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2002, by John A. Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2002, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. ` Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2002, by Rick Lewondowski, as President of Edina Development Corporation. Notary Public 20 DRAFTED BY: Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St Michael MN 55376 f 612 97-1930 EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property -subject to the Developer's Agreement is legally described as follows (after the filing of the Albert Villas Fourth AdditionPlat): Lots 1-6, Block 1 Lots 1-28, Block 2 Lots 1-24, Block 3 Lot 1-6, Block 4 Oudot A All said property in Albert Villas Fourth Addition plat, City of Albertville, County of Wright, Minnesota 22 Jc :r ♦' Y ZWORnm�io�MOO �OnMap�f Cpp. rir NO ", 1 / ..M. EXHIBIT C The Developer has already planted trees on the following lots and need not plant any additional trees such lots: In Albert Villas Plat: In Albert Villas Second Addition Plat: Lot 9, Block 6 Lot 13, Block 6 Lot 1, Block 6 Lot 30, Block 3 Lot S, Block 4 Lot 21, Block 3 Lot 29, Block 3 Lot 23, Block 3 Lot 27, Block 3 Lot 26, Block 3 Lot 14, Block 3 Lot 6, Block 1 Lot 7, Block 3 in Albert Villas Second Addition plat, Wright County Minnesota, and In Albert Villas Plat: Lot 6, Block 2 Lot 2, Block 2 Lot 10, Block 3 Lot 3, Block 4 Lot 4, Block 4 Lot 5, Block 4 Lot 7, Block 3 in Albert Villas plat, Wright County Minnesota, 24 PRELIMINARY PLAT MITIGATION PLAN Of ALSERT VILLAS 4TH ADDITION :a.oc_ -� asaoa 'w va: xa•�w I s na•amu,� -------------- __e I � �¢"� - l� __- I ( -- �o --- 4 eNk ee1Y 9eOKMeY•LL fvf� : y -?P•• a �q � f f t --.- ---'- -- -' a 4z i r za u ..�t U J Own �np+'w xrau0 r renew O�wwO 1 . 4,1 zs .E { •N i . ,�il 1 * �_b-ll t��r- to "� aR� `` /®I u�af .pi°'�cm®-e terser �l ' �r -•9 ��i. �le T�e _ 1'l A '4CM'WP I fl eb1 s,. --------------- nm _ vas = 3 +ea.wac ir. 10. QUO a SOWS, 'NC. seo vK V ' a .ss • ,. asa. Awl .ce vo. OOOaO �3Y "x 6-ii'8 PRELIMINARY PLAT s MITIGATION PLAN of ALBERT VILLAS 4TH ADDITION ♦ 2 N 9 .'a i— ¢I� _d I ->�_ �. y � 2 i �. �� y `1 ,J1 a ♦+l,_�8';'1� < xe, 4 `'. ,r' x l 35 i 6 _ , F -� L ` g�/ 'z 5.1 4• _ . +y 313 4 S.T pt •m•,e`e er ita Q= It SONS, INC. I '6..• 'eMuea .ie:'N•'se•�OG- .ao A if A ,,-- All 11111 LA r�tu. tr. eam i YMi1 �y1t� M ��OtNw - tKlt +K s M1t A W[Aq �� s M4 i YI. i't M! tllptM� - wa A •it1O wtn- im�r�iwo-wan •a � ss� eea '�"A1 � •'tter w t'� ..c. ar n.... ow.maw ..�. <..,. ».... e �i'"t� ..a PLOMEB 11C �mno. «tt�tc :.c.:. ry ntu ntw asrr no tv mii.-n¢r rsau per-,o.r ,, MEMORANDUM TO: ALBERTVILLE CITY COUNCIL; LINDA GOEB, CITY ADMINISTRATOR FROM: MIKE COURI, CITY ATTORNEY SUBJECT: PROPOSED TRAFFIC STUDY AND ROAD IMPROVEMENT REIMBURSEMENTS. DATE: JANUARY 3, 2002. I have several thoughts regarding how to recoup costs that the City may pay for a traffic study and/or road improvements which the traffic study indicates will be needed as properties develop. Traffic Study After discussing with Pete Carlson as to the type of traffic study which would be conducted if authorized by the City, I believe that virtually all of the City's costs could be recovered with ordinance modifications. According to Pete Carlson, if the City authorizes the traffic study, the end result would be the production of a computer generated simulation which would model traffic on a number of City roads and intersections based on current traffic counts and "generic" assumptions as to the amount of traffic that would be generated by the remaining undeveloped properties in the City. Pete can then determine what road improvements will be needed in the future to handle the traffic to be generated under the generic assumptions. As a particular property goes through the development process, the City would be better able to estimate the amount of traffic generated by that property upon development. This new estimate would then be plugged into the traffic model and the impacts of the development would be examined to determine if any additional improvements from that property would be needed. For instance, if a vacant property currently zoned industrial seeks to develop as a high intensity commercial use, the change in proposed use would generate more traffic than would be shown by the generic inputs in the model. Once the additional traffic expectations are plugged into the model, the model will indicate whether greater road infrastructure would be needed to support the development of that property. Since the model will always be a "working" model which would change with the development of each parcel of property, it will need continual updating to 1 be of continuing use to the City. I would suggest modifying our subdivision ordinance to require that an applicant wanting to subdivide property over a minimum threshold (e.g. more than two residential lots) provide the City with a traffic study of the exact same type as Pete will have already prepared but with updates detailing the impact of the proposed development of the applicant's property, or, in -the alternative, pay the City to provide that traffic study. The payment to the City would be a percentage of the cost of the study as measured by the proportion of the applicant's property to total undeveloped property remaining in the City (e.g. if the applicant was developing 7% of the undeveloped property in the City, the applicant would pay 7% of the cost of the study), plus the cost of putting their development -specific information into the model. Because paying only a portion of the cost of the study will be cheaper than performing one's own study, it seems reasonable to expect that all applicants will pay their share of the traffic study cost plus the update fee. Road Improvements Once the traffic study indicates what road improvements will be needed, the City will need to find a way to fund these improvements. I anticipate that funding for such improvements will come from several sources, some of which may be as follows: • Developer Funded Improvements: For more localized improvements, such as traffic signals, medians and other improvements specific to a particular intersection or area, we can amend our subdivision ordinance to require the developer to construct these items at the developer's cost. (turning and passing lanes are already required in the ordinance) where the need for these improvements is caused by the development itself. Construction of these improvements would be required in a Developer's Agreement, with a letter of credit to back the work. Alternatively, if the project is one in which the Developer's project is one of several developments which makes a particular improvement necessary, the City may require the Developer to pay its share of the cost of the improvement, with the City collecting from the other properties as they develop and ultimately installing the project when sufficient development takes place (e.g. a traffic signal at a 4-way, intersection). This process assumes that we will get a substantial measure of funding cooperation from Developers. If a Developer refuses to fund improvements deemed necessary to support their development, the City may have to consider denying the proposed project as premature due to inadequate road infrastructure. Once the traffic study is completed and we have determined what road improvements will be necessary, I would suggest that we put together a road improvement capital projects plan and begin working with landowners to I inform them as early as possible what portions of the road improvements the City expects their land to be responsible for funding. This should eliminate or reduce funding "surprises" and will likelyincrease Developer cooperation in the future. • Special Assessments: When an improvement benefits many properties (such as improving a road from two lanes to tour lanes), the City may want to consider special assessing the cost of the improvement to the benefiting properties. The special assessments should generally be able to be levied against vacant and developed properties alike. In addition to equitably spreading the cost of a project, special assessing at least 20% of the cost of the project is required if the City wants to issue a bond to fund the project. The disadvantage of special assessments is that an appraiser may be needed to help determine the benefit and a landowner may choose to appeal a special assessment to District Court. • State Aid Funds: Under the Minnesota Constitution, all cities of a population of 51000 or more receive Municipal State Aid Funds (MSA funds) from the state's gas tax money. The money can be substantial depending upon the miles of qualifying roadway in the City. While there are limitations on the use of these funds, they are generally available for the improvement of collector -type streets. Given the growth Albertville is experiencing, it will likely reach the 5,000 population mark within a few years. The City should examine its demographic trends and begin to plan its larger road improvements for those years in which the City will receive and can use MSA funds. • County Funds: Any substantial improvements to County Highways will likely involve County Highway funds. As was pointed out by Mr. Fingalson, the County Highway budget is already fairly squeezed. As we identify needed improvements to County Highways from the traffic study, we should request that the Wright County Highway Department place these improvements in their capital improvement plan and attempt to coordinate the timing of County and City funding. • Federal and State Funds: Any improvements involving exit or entrance ramps to I-94 may be eligible for federal or state funding. If we plan the improvements far enough into the future,' it may increase our chances of receiving state or federal funding through existing programs or special legislation (such as a bonding bill). • Tax Abatement Funds: Although TIF funds are generally not available for retail development, a local tax abatement program may be. Under this program, the City would agree to use the City portion only of the taxes to be 3 generated by a particular development for a set number of years to pay for public improvements necessary to support the project, including certain road improvements. A tax abatement program of this nature can also be set up by the County, with the County using the funds generated from its portion of the taxes to help pay for the road improvements. • General Levy Funds: The City can always levy an amount of money (assuming levy limits allow it) for road purposes and place that money in a designated road improvement fund. In addition, if the City special assesses at least 20% of the cost of a road improvement project to the benefiting landowners, it can levy for the balance of the bond as a debt levy (similar to a general levy) without regard to levy limitations. This is usually the funding mechanism of last resort since it raises the property taxes of all properties in the City. Given the existing traffic problems in the City, and the certain increase in traffic the continued development will bring, a comprehensive traffic study would provide the -City with the road improvement information necessary to begin putting funding mechanisms in place before additional land in the City develops and exacerbates the existing traffic problems. 'If the Council approves the traffic study, I would propose having staff begin preparing potential amendments to the subdivision ordinance so that when the traffic study is complete, we will already have most of the ordinance changes completed or at least well along in the process. CITY OF ALBERTVILLE RESOLUTION # 2002-1 A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THE YEAR 2002 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments to fill certain offices and positions with the city government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota, establishes the following: 1. That the following persons are appointed by the City Council to the following offices and positions for the year 2002: ACTING MAYOR: Scott Wallace PLANNING COMMISSION: ASSISTANT WEED INSPECTOR: CITY ATTORNEY: CITY ENGINEER: FINANCIAL ADVISOR: PLANNING CONSULTANT: TAX INCREMENT CONSULTANTS: LeRoy Berning Alternate: Keith Franklin Tim Guimont Court & MacArthur Short Elliott & Hendrickson Springsted, Inc. Juran & Moody Northwest Associated Consultants Briggs & Morgan Kennedy & Graven BOND COUNSEL: ANIMAL CONTROL: CIVIL DEFENSE DRECTOR: FIRE RELIEF ASSOCIATION REPRESENTATIVES: FIRE DEPT. REPRESENTATIVE: OTSEGO CREEK AUTHORITY: JOINT POWERS WATER BOARD: JOINT POWERS ICE ARENA BOARD: OFFICIAL NEWSPAPER: OFFICIAL DEPOSITORIES: a�,.nar�c.. Briggs & Morgan Kennedy & Graven Monticello Animal Control Fire Chief Assistant Fire Chief Mayer- A-14 Clerk/Administrator mayor- �k oh Alternate: Keith Franklin John Vetsch Planning Commission Chair Alternate: Scott Wallace John Olson John Vetsch Alternate: LeRoy Berning John Olson Scott Wallace Crow River News Highland Bank Dain Rausher LMC 4M Fund Premier Bank State Bank of Rogers Juran & Moody PUBLIC SAFETY COMMITTEE: PERSONNEL COMMITTEE: RULES OF PROCEDURE: LeRoy Berning Scott Wallace Scott Nadeau Fire Dept. Representative Mayor LeRoy Ber-ing Robert's Rules of Order CABLE TV BOARD: Acting Mayor 2. City Staff and/or Consultants will attend the boards, commissions and committee meetings as directed by the City Council. Staff who are directed to attend meetings will be compensated based on the City's personnel policies or contractual agreements. Staff who are not directed to attend will not be compensated for their attendance. 3. Change City Council regular meeting dated conflicting with legal holidays as follows: Martin Luther King Day — Monday, January 21, 2002, to Tuesday, January 22, 2002, at 7:00 PM. President's Day — Monday, February 18, 2002, to Tuesday, February 19, 2002, at 7:00 PM. Labor Dav — Monday, September 2, 2002, to Tuesday, September 3, 2002, at 7:00 PM. 4. That such appointment shall take effect on the date thereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 7th OF JANUARY, 2002. John A. Olson, Mayor Linda Goeb, City Administrator 12/17/2001 17�06 17152328492 Dec 17 01 03100p iwelaams Purn. ACA INC PAGE 02 fi12-S3?-t77t3e Osca nba f 7, IOOi LANkamb cwf Of ANlectritle WROM . *1$ n 1 kWh $975 Main Montle WE W-r. +ne. f tt�a•1�:Ia+J P.i7. pk" O ,Ut+erlvdh, MN MO. N+mrr•nU�a 1Ytp (;riK SrteR 5ri«Z t�� Rs' WeiaOsae FtatiiAreM bl SrCIE 7tt•NI•t?JJ•Futli�lll•SAF Dar {.inch. We hawo bsca.titainad by Wckwne Pyrnithra. Inc. larcr mm Own doovO the Aetip' Ond v-pub 4iom a! a nevr ft,rttNtra rani l itseility. Our prelbOmy inmlipillortwSpOOM the preperiy ow^ad by the Cihr of Mla l4k jW nvrdt of dw Om* 6+ A it sm the molls of ar alimt it is "4fte. she INN% or wtioane Ftrrrtwre to prim act ned apptimim and approtnii Foam to dweiap a now dumltwe Waif idtity in dig City of Afbertwilk. We will bi r7F4uMinp M pwOMt a FOi, approxirMdy f taro M SIX MtttsAadraiety rsWW Ot LOW I'mi, whit tic"Mr tw hwy to Iriftis mor or blot is sao�tad, we will begin On pt accu of'sariafi+hig our due 64441M h imh& shah "rm aer lot vise. At subo s, ttalfia now. W- . Q® this prayed is caplinRtatt trpter dre 6ol%wiap: G 1. Ctstrdiiisad Ldter of Apaoval from a OWified ltn"I inttitutim 2. C*tdil AM Appm d bom the City of AIb+Rtvifte ' i. Foam* approyst rrara Omw 1. $1.0 per square hd prim am pted by thtt Cigr d Albertvilis Ws would iFke to topm . i wmW meniq tha list ak mcoad week of Ja may, w itvivw the Ciry re"ve nmis etd them t+or brimtkv,4. [Abu ktw of iasw mom Mos your owipfanoc, p6m adawwiWp ► ilh a ds.dtiist of roquised eafaaia is 5sncaciy. cuff ! ^r Crony R.&WIWV flay Wiley ` Accgod by. ck► "Whl--- AWK.vbvd %i rohim Aath.Gna►ultinglurrneiatay _ l=ng�netr�. ���in! F.ttginetring Iti A)"- 'wr w•an pc.t.arcrcr, i -a ! r r ►,aa- �� t �r r CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE # 1983 - AN ORDINANCE RELATING TO REMOVAL OF SNOW AND ICE BY OWNERS OF ABBUTING PROPERTY ALBERTVILLE, MINNESOTA The City Council of the City of Albertville does ordain: Section 1. Owners Reguuired to Clean Walks: The owner or occupant of any premises within the City of Albertville, shall clean the sidewalk in front or beside their premises of snow, ice, dirt and rubbish within twelve (12) hours after its deposit thereon. Section 2. Public -Nuisance: All snow, ice, dirt and rubbish remaining on a public sidewalk more than twelve (12) hours after its deposit thereon is a public nuisance. The owner and/or occupant of any property adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians and shall not allow snow, ice, dirt or rubbish to remain on the walk longer than twelve (12) hours after its deposit thereon. Section 3. Removal by City: In the event that the adjoining owner or occupant fails to remove from all public sidewalks all snow, ice, dirt and rubbish within twelve (12) hours after it deposit thereon, the City may remove the same, and shall keep a record showing the cost of such removal, and the same shall be assessed against the adjoining property owner and billed to the owner with his sewer bills. Adopted this 5th day of December, 1983. , Mayor , City Clerk CAMy Documents\Ordinances\l997 & Older Ordinances\O 83-removal of snow & ice by owners.doc