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2002-04-01 CC PacketALBERTVILLE CITY COUNCIL AGENDA Apri11, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) March 18, 2002, City Council Meeting 3. CITIZEN FORUM — (lo Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 15990— 1603 1) (b) Liquor Licenses Renewal • Off Sale Liquor Licenses (1) Albertville Offsale LLC (2) Hackenmueller's Inc. (3) Gary E. Vetsch (4) 152 Club, Inc. (5) GRG, Inc. • On Sale Liquor Licenses (1) 152 Club, Inc. (2) GRG, Inc. (3) Lynn's Why Not, Inc. (4) Gary E. Vetsch • Special Sunday On Sale Liquor License (1) 152 Club, Inc. (2) GRG, Inc. (3) Lynn's Why Not, Inc. (4) Gary E. Vetsch (c) Resolution #2002-9 (Resolution Establishing Scholarships and Awards to the 2002 Albertville Royalty (d) Approve Annual 3.2 Malt Beverage License for the Albertville Mobil, LLC (e) Approve 3.2 Non Intoxicating Malt Liquor License for the St. Michael Church from 5:00 PM to 11:00 PM on May 4, 2002, at the STMA Ice Arena (f) Approve application from St. Michael Catholic Church for a one -day, off -site gambling application for raffles to be conducted on May 4, 2002, at the STMA Ice Arena • Resolution #2002-10 (A Resolution Approving a One -Day, Off -Site Gambling License for St. Michael Catholic Church) (g) Ordinance #2002-5 (An Ordinance Prohibiting Game Hunting and Discharge of Weapons in the City of Albertville) City Council Agenda April 1, 2002 Page 2 of 2 5. DEPARTMENT BUSINESS a. Fire Department • Truck Maintenance & Small Motors (Chief Kevin Roden) b. Public Works (1) Public Works/Parks Report (2) WWTF Report c. Planning & Zocwig g (1) Kollville Estates 2nd Addition Final Plat • Conditional Use/Planned Unit Development Agreement 3 (2) Cedar Creek South 51h Addition • Final Stage PUD/Final Plat d. Engineering 3 (1) CSAH 19 & 57' Street Traffic Signal Report 3 (2) CSAH 19 Frontage Road Report 2 (3) Traffic Study e. Legal • (Included under P & Z) f. Administration (1) Minnegasco Energy Audit of Fire Hall — Report (2) Discuss conducting a Joint City Council meeting with Otsego and St. Michael on April 20, 2002 (possibly at 8:00 PM?) • I-94 Corridor Study • Transportation Plan for NE portion of Wright County 3 (3) Consider Non -Exclusive Listing Agreement with Darkenwald Real Estate (NW Commercial Park property) —3� L.` ((0 io fit��`� ,,y' 77 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL 0100 March 18, 2002 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Scott Wallace, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, 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: • Add Item 5f(2) — Offers to purchase former water tower lot • Add Item 5c(1) — Discuss park dedication fee calculation methods • Add Item 5d(2) — Baseball field parking lot • Add Item 5d(3) — Sidewalk along north side of 57th Street Wallace made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Berning made a motion to approve the minutes of the March 4, 2002, meeting as presented. Wallace seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. No one in the audience wished to address the Council. Councilmember Berning asked to remove Check #s 15922 and 15926 from the Consent Agenda. Wallace made a motion to approve payment of Check #'s 15921, Check #'s 15923 — 15925, and Check #'s 12927 - 15967 as presented. Berning seconded the motion. All voted aye. Wallace made a motion to approve a 3.2 Non -Intoxicating Malt Liquor License for the Albertville Lions on April 13, 2002, from 5:00 PM to 1:00 AM at the Albertville Fire Hall. Berning seconded the motion. All voted aye. Wallace made a motion to approve a 3.2 Non -Intoxicating Malt Liquor License for the Albertville Lions on April 19, 2002, from 5:00 PM to 1:00 AM at the St. Albert's Parish Center. Berning seconded the motion. All voted aye. Berning made a motion to approve changing medical direction for the Albertville Fire Department to Dr. Charles Lick, Allina Hospital, Buffalo, MN, contingent upon the city attorney reviewing the contract and the insurance coverage. Vetsch seconded the motion. All voted aye. Vetsch made a motion to authorizing the purchase of a Metrotech HL400 Leak Locator from Davies Water Equipment in the amount of $1,975.00. Wallace seconded the motion. All voted aye. Albertville City Council Minutes March 18, 2002 Page 2 of 3 Vetsch made a motion to approve the WWTF/Water Department Report, authorizing a two -week internship program with a St. Cloud Technical College Water Environment Technology student. Wallace seconded the motion. All voted aye. Councilmember Berning asked City Planner Cindy Sherman to provide the Council with more detailed information relating to determining what portion of acreage for wetlands and ponding is exempt from park dedication fees. City Engineer Pete Carlson reviewed the bids for the Savitski Lift Station Upgrade with the Council. A total of five bids were received, and Barbarossa & Sons, Inc. of Osseo, MN, was the low bidder with a bid of $256,398.00. Carlson recommended awarding the bid to Barbarossa & Sons. Vetsch made a motion to accept the low bid for the Savitski Lift Station Upgrade to Barbarossa & Sons in the amount of $256,398.00. Berning seconded the motion. All voted aye. Councilmember Wallace told the Council that the STMA Ice Arena Board has committed to paying a portion of the costs for the parking lot to be shared with City Park's new baseball field. The Board has also requested that when the parking lot bid is bid, the specifications includes repairs to the existing arena parking lot. Those costs will be paid by the STMA Hockey Board. The Council concurred with the proposal. Vetsch made a motion to adopt RESOLUTION #2002-8 titled DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY, relating to the 2002 Savitski Lift Station Upgrade in the amount of $325,000. Wallace seconded the motion. All voted aye. The Council discussed the memo from City Attorney Mike Couri regarding the letter of credit for the Albertville Business Park. John Darkenwald is proposing to prepay the special assessments due to the City for utility and street improvements and the portion of the turn lane construction attributed to one lot (approximately 1/3 of the entire assessment to be levied upon the Albertville Business Park) immediately after closing the lot sale to Welcome Furniture. Couri recommends the City require no letter of credit from Mr. Darkenwald to secure the special assessments, provided Mr. Darkenwald and Welcome Furniture assure the City in writing that the prepayment of the special assessments will be paid at the closing of the Welcome Furniture property. Vetsch made a motion to approve Couri's recommendation on the Albertville Business Park letter of credit, contingent upon coordinated closings of the Welcome Furniture lot and the immediate payment of the special assessments to the City. The motion also includes the provision that the bond issued by the City for the project include a five-year call date. Wallace seconded the motion. All voted aye. Albertville City Council Minutes March 18, 2002 Page 3 of 3 The Council reviewed the letter from Don Leuer, concerning falcon hunting for pheasants. City administrator Goeb explained that the City's hunting ordinance does not prohibit falcon hunting, but only hunting with a weapon. The Council asked that an ordinance be drafted for review that prohibits hunting for all wild game for human consumption or trophy purposes within the city limits. City Administrator Goeb presented two offers for the purchase of the city -owned lot on 57th Street NE (the former water tower site). Ray and Donna Anderson presented a counter-offer in the amount of $44,500. Matthew S. Olson presented an offer of $50,000 for the lot. Vetsch made a motion to accept the purchase offer on the former water tower lot from Matthew S. Olson in the amount of $50,000. Wallace seconded the motion. All voted aye. Berning made a motion to include construction of a sidewalk on the north side of 57tn Street from the Parish Center to the Fire Hall in the quoted price for the sidewalks construction already approved by the Council. Wallace seconded the motion. All voted aye. Berning made a motion to approve Check #'s 15922 and 15926 as presented. Vetsch seconded the motion. All voted aye. The computer modeled traffic study was briefly presented to the Council by S.E.H. staff. The Council scheduled a workshop to present the traffic study to interested residents and local businesses owners at 7:00 PM on Thursday, April 18, 2002. aye. Vetsch made a motion to adjourn at 9:15 PM. Wallace seconded the motion. All voted John Olson, Mayor Linda Goeb, City Administrator I ' , CITY OF ALBERTVILLE *Check Detail Register© April 2002 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 015990 4/1/02 ACTION RADIO & COMMUNICATIONS E 101-42000-405 Repair/Maint -Buildings $126.95 7224 Battery - Door Total ACTION RADIO & COMMUNICATIONS $126.95 Paid Chk# 015991 4/1/02 ANOKA-HENNEPIN TECHNICAL COLLE E 101-42000-208 Training and Instruction $325.00 19239 Ice Rescue Training Total ANOKA-HENNEPIN TECHNICAL COLLE $325.00 Paid Chk# 015992 4/1/02 CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $4.73 51575 Post it / A-Z Index Cards R 101-32210 Building Permits $15.21 51575 Bldg - Pens E 101-41400-200 Office Supplies (GENERAL) $12.76 51608 Labels - newsletter Total CHOUINARD OFFICE PRODUCTS $32.70 Paid Chk# 015993 4/1/02 CONSTRUCTION BULLETIN E 460-49450-351 Legal Notices Publishing $122.83 1983784-1 Ads for Lift Station Total CONSTRUCTION BULLETIN $122.83 Paid Chk# 015994 4/1/02 COURT & MACARTHUR E 101-41600-304 Legal Fees $247.50 March 2002 Charter Cable E 101-41600-304 Legal Fees $1,980.00 March 2002 General Services E 456-49000-304 Legal Fees $1,705.00 March 2002 Towne Lakes E 101-41600-304 Legal Fees $605.00 March 2002 Northwest Commercial Property E 450-49000-304 Legal Fees $605.00 March 2002 Albert Villas 4th E 453-49000-304 Legal Fees $357.50 March 2002 Kollvilie Estates II E 452-49000-304 Legal Fees $330.00 March 2002 Outlet Mall Expansion E 438-49000-304 Legal Fees $330.00 March 2002 Cedar Creek So. 5th E 452-49000-304 Legal Fees $247.50 March 2002 Traffic Study E 429-49000-304 Legal Fees $165.00 March 2002 Hwy 37/19 Improvement E 101-41600-304 Legal Fees $82.50 March 2002 Cobom's Store E 451-49000-304 Legal Fees $82.50 March 2002 Albertville Plaza E 101-41600-304 Legal Fees $55.00 March 2002 Crow 95 E 101-41600-304 Legal Fees $55.00 March 2002 Commercial Property E 456-49000-304 Legal Fees $27.50 March 2002 FTTH Tower E 101-41600-304 Legal Fees $275.00 March 2002 Darkenwald Commercial Total COURT & MACARTHUR $7,150.00 Paid Chk# 015996 4/1/02 CRYSTEEL TRUCK EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $284.31 F14061 Vehicle #1GBJK34R7WF072669 Total CRYSTEEL TRUCK EQUIPMENT $284.31 Paid Chk# 015997 4/1102 DELTA DENTAL E 101-45100-130 Employer Paid Ins (GENERAL) $45.41 April 2002 Dental-Tim/Mike E 101-43100-130 Employer Paid Ins (GENERAL) $45.41 April 2002 Dental-Ken/Mike E 101-41400-131 Employer Paid Health $90.83 April 2002 Dental-Bridget/Terr G 101-20801 Inspection Fees Payable $45.42 April 2002 Dental -Jon E 101-41300-131 Employer Paid Health $45.41 April 2002 Dental -Linda E 601-49450-130 Employer Paid Ins (GENERAL) $45.41 April 2002 Dental-John/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $45.41 April 2002 Dental-Mike/John Total DELTA DENTAL $363.30 Paid Chk# 015998 4/1/02 FEHN GRAVEL & EXCAVATING E 601-49450-406 R/M - Collection System $104.38 6219 Class 5 - Water Main E 601-49450-406 R/M - Collection System $420.12 6220 Water Main Total FEHN GRAVEL & EXCAVATING $524.50 CITY OF ALBERTVILLE 03/28/02 8:38 AM Page 2 *Check Detail Register© April 2002 Check Amt Invoice R 101-36200 Donations $1,038.05 62869 Fire Dept.(donations from KC's Total FREEDOM MEDICAL, INC $1,038.05 Paid Chk# 016000 4/1/02 GAGNON PRINTING E 602-49400-203 Printed Forms $56.02 14598 Tum-around Meter Cards E 601-49450-203 Printed Forms $56.03 14598 Tum-around Meter Cards Total GAGNON PRINTING $112.05 Paid Chk# 016001 4/1/02 GRANITE ELECTRONICS E 601-49450-404 Repair/Maint - Machinery/Equip $286.42 211930 Repair of Voice Reporter E 602-49400-404 Repair/Maint - Machinery/Equip $286.42 211930 Repair.of Voice Reporter Total GRANITE ELECTRONICS $572.84 Paid Chk# 016002 4/1/02 H & L MESABI PRODUCTS E 101-43100-404 Repair/Maint - Machinery/Equip $147.74 H53310 Loader Blade - PC 90-80-3 E 101-43100-404 Repair/Maint - Machinery/Equip ($121.07) H53317 CREDIT MEMO Total H & L MESABI PRODUCTS $26.67 Paid Chk# 016003 4/1/02 HARVEST PRINTING E 101-41100-300 Professional Srvs (GENERAL) $636.92 9067 March -April 2002 Newsletter Total HARVEST PRINTING $636.92 Paid Chk# 016004 4/1/02 J-CRAFT, INC. E 101-43100-542 C/O - Snow Plow $557.90 29059-A Adjustment on Truck (sales tax Total J-CRAFT, INC. $557.90 Paid Chk# 016005 4/1/02 KIRSCAT, PAUL E 101-41940-399 Miscellaneous $2,060.00 411460 Cabinets @ City Hall Total KIRSCAT, PAUL $2,060.00 Paid Chk# 016006 4/1/02 LAIRD PLASTICS E 101-43100-404 Repair/Maint - Machinery/Equip $155.25 670025 Acr Cast GM - Clear Part Total LAIRD PLASTICS $155.25 Paid Chk# 016007 4/1/02 LEAGUE OF MINNESOTA CITIES E 101-41100-433 Dues and Subscriptions $20.00 2002 Mayor's MN Mayor's Assoc. Dues Total LEAGUE OF MINNESOTA CITIES $20.00 Paid Chk# 016008 4/1/02 MEDICA E 101-45100-130 Employer Paid Ins (GENERAL) $721.53 April 2002 Medical-Tim/Mike G 101-20801 Inspection Fees Payable $721.52 April 2002 Medical -Jon E 101-41300-131 Employer Paid Health $721.52 April 2002 Medical -Linda E 601-49450-130 Employer Paid Ins (GENERAL) $721.53 April 2002 Medical-John/Mike E 101-43100-130 Employer Paid Ins (GENERAL) $721.53 April 2002 Medical-Ken/Mike E 101-41400-131 Employer Paid Health $1,443.06 April 2002 Medical-Bridget/Terr E 602-49400-130 Employer Paid Ins (GENERAL) $721.53 April 2002 Medical-Mike/John Total MEDICA $5,772.22 Paid Chk# 016009 4/1/02 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $116.00 124221 CBOD/TSS Testing E 601-49450-218 Testing Expenses $156.00 124275 Testing Expense Total MIDWEST ANALYTICAL SERVICES $272.00 Paid Chk# 016010 4/1/02 MINNESOTA PCA E 601-49450-208 Training and Instruction $225.00 Apr -May 2002 WWTP - Training Total MINNESOTA PCA $225.00 CITY OF ALBERTVILLE 03/28/02 8:38 AM Page 3 *Check Detail Register© April 2002 Check Amt Invoice Comment Paid Chk# 016011 4/1/02 MN DEPARTMENT OF REVENUE G 101-21702 State Withholding $979.44 March 2002-2 March Payroll Taxes Total MN DEPARTMENT OF REVENUE $979.44 Paid Chk# 016012 4/1/02 NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $12.00 April 2002 Insurance Premium Total NCPER S GROUP LIFE INSURANCE $12.00 Paid Chk# 016013 4/1/02 NEXTEL COMMUNICATIONS E 101-41400-323 Nextel Radio Units $44.15 April 2002 Tech Inspector E 101-41400-323 Nextel Radio Units $88.30 April 2002 City Hall Staff E 602-49400-323 Nextel Radio Units $44.15 April 2002 Water Dept E 101-43100-323 Nextel Radio Units $44.15 Apd12002 Public Works Dept E 101-45100-323 Nextel Radio Units $44.15 Apd12002 Parks Dept E 101-42000-321 Telephone $44.15 Apd12002 Fin: Dept R 101-32210 Building Permits $44.15 April 2002 Bldg Inspector E 101-41100-200 Office Supplies (GENERAL) $44.14 April 2002 Mayor/Council E 601-49450-323 Nextel Radio Units $44.15 April 2002 WWTP Dept Total NEXTEL COMMUNICATIONS $441.49 Paid Chk# 016014 4/1/02 NORTHERN TOOL & EQUIPMENT E 101-43100-215 Shop Supplies $57.27 05983377 Misc. Parts Total NORTHERN TOOL & EQUIPMENT $57.27 Paid Chk# 016015 4/1/02 OFFICE MAX R 101-32210 Building Permits $25.25 March 2002 Pulsar Pink Cardstock E 101-41400-200 Office Supplies (GENERAL) $46.58 March 2002 Finance Charges E 101-41400-200 Office Supplies (GENERAL) $81.43 March 2002 Misc. Office Supplies E 101-41400-200 Office Supplies (GENERAL) $319.49 March 2002 Misc. Office Supplies Total OFFICE MAX $472.75 Paid Chk# 01 016 4/1/02 OWATONNA - HOLIDAY INN E 601-49450-331 Travel Expenses $157.68 Apr -May Conf April -May 2002 Conference Total OWATONNA - HOLIDAY INN $157.68 Paid Chk# 016017 4/1/02 PATS 66 E 101-42000-212 Motor Fuels $20.38 40823 Fire Dept. - Fuel Total PATS 66 $20.38 Paid Chk# 016018 4/1/02 PITNEY BOWES E 101-41400-413 Office Equipment Rental $358.92 March 2002 Postage Machine Rental Total PITNEY BOWES $358.92 Paid Chk# 016019 4/1/02 PREMIER BANKS G 101-21701 Federal Withholding $2,105.97 March 2002-2 March Payroll Taxes G 101-21703 FICA Tax Withholding $3,166.44 March 2002-2 March Payroll Taxes G 101-21703 FICA Tax Withholding $740.58 March 2002-2 March Payroll Taxes Total PREMIER BANKS $6,012.99 Paid Chk# 016020 4/1/02 PURCHASE POWER E 101-41400-322 Postage $74.82 March 2002 Postage Supplies Total PURCHASE POWER $74.82 Paid Chk# 016021 4/1/02 R A K INDUSTRIES E 101-43100-215 Shop Supplies $88.26 249974 PW - Shovels Total R A K INDUSTRIES $88.26 Paid Chk# 016022 4/1/02 S.E.H./R.C.M. CITY OF ALBERTVILLE 03/28/02 8:38 AM Page 4 *Check Detail Register@ April 2002 Check Amt Invoice Comment E 453-49000-303 Engineering Fees $72.79 85045 Koliville Estates E 101-41700-303 Engineering Fees $2,171.80 85046 Albertville Crossing II E 101-41700-303 Engineering Fees $650.00 85047 Lot Surveys E 101-41700-303 Engineering Fees $2,264.62 85048 General Services E 101-41700-303 Engineering Fees $326.04 85049 Darkenwald Commercial E 457-49000-303 Engineering Fees $64.32 85050 Heuring Meadows E 450-49000-303 Engineering Fees $856.61 85051 Albert Villas 3rd Add E 450-49000-303 Engineering Fees $147.80 85052 Albert Villas E 460-49450-303 Engineering Fees $1,970.40 85138 RPR Sery & Bidding/Const. E 101-41700-303 Engineering Fees $16,749.04 85429 Comprehensive Traffic Study Total S.E.HJR.C.M. $25,273.42 Paid Chk# 016023 4/1/02 SPRINT- GA E 101-41940-321 Telephone $125.04 April 2002 CH - Phone Lines E 101-41940-321 Telephone $30.71 April 2002 CH - Third line Total SPRINT- GA $155.75 Paid Chk# 016024 4/1/02 SPRINT -NC E 101-41940-321 Telephone $466.94 March 2002 Phone Service -new phone Total SPRINT -NC $466.94 Paid Chk# 016025 4/1/02 U.S. BANK TRUST N.A. E 318-47000-620 Fiscal Agent's Fees $243.38 1033785 Opening Balance 89 Bonds Total U.S. BANK TRUST N.A. $243.38 Paid Chk# 016026 4/1/02 VERIZON E 101-42000-321 Telephone $14.53 March 2002 Fire Depart. Telephone/Cellula Total VERIZON $14.53 Paid Chk# 016027 4/1/02 WADE, CHAD E 101-42000-331 Travel Expenses $55.20 EMT - Travel Expense Total WADE, CHAD $55.20 Paid Chk# 016028 4/1/02 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $2,601.37 3321 Sand and Salt mixture Total WRIGHT COUNTY HIGHWAY DEPT. $2,601.37 Paid Chk# 016029 411/02 WRIGHT CTY AUDITORITREASURER E 101-42110-307 Police Contract Fees $20,318.33 Patrol - 3 Police Contract -Coverage E 101-42110-307 Police Contract Fees $20,318.33 Patrol - 4 Police Contract -Coverage Total WRIGHT CTY AUDITORITREASURER $40,636.66 Paid Chk# 016030 4/1/02 WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities $15.00 March 2002 Electric-PW Garage Total WRIGHT HENNEPIN ELECTRIC $15.00 Paid Chk# 016031 4/1/02 XCEL ENERGY E 601-49450-381 Electric Utilities $1,462.80 Electric-Maclver-Sewer Plant E 601-49450-381 Electric Utilities $59.05 Lift Station - 52nd Street Total XCEL ENERGY $1,521.85 10100 Security State Bank $100,038.59 FILTER: None I 't gam' Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 ti St. Paul, MN 55101-5133 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below: Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code __OFSL License Period Ending 04/ 15/2002 ID# 5518 City/County where license approved. QTf1bdn9&'V Uniees changed, do not use this form. Contact this office.) Licensee Name Albertville O f f s a l e LLC Trade Name Albertville Offsale Licensed Location address 11095 61 st St /Ste P/PO Box 163 City, State, Zip Code Albertville, MN 55301 Business Phone(612) 497-7789 LICENSE FEES: Off Sale $ 100.00 On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following-, Failure to report anv of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. /I Licensee Date 3 d 6 (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above. County Attorney Signature Date County Board issued licenses only (Signapre certifies licensee is eligible for license). Police/Sheriff (Signature certifies licensee or associates hav4ot�n ci (criminal/civil). Report violations on back, then sign here. Date -J -- D %— `J the past five years for any state/local liquor law violations PS 9093-98 Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 = St. Paul, MN 55101-5133 651-296-6979 • TTY 651-282-6555 9 Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OFSL License Period Ending 04/ 15/2002 ID# 1626 City/County where license approved. 0W1lb&9&V Unk0s changed, do not use this form. Contact this office.) Licensee Name Hackenmueller's Inc. Trade Name Hack's Liquor Licensed Location address 11850 62nd St NE City, State, Zip Code Albertville, MN 55301 Business Phone(763) 497-2353 LICENSE FEES: Off Sale $ 100.00 On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 movash or rities or $100,000 ty-bend may be submitted in lieu of liquor liability. Licensee Signature / Date 3 //?I' o (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above. County Attorney Signature Date County Board issued licenses only (SignaVle certifies lice ae is tegible f e). Police/Sheriff Signature ----'--' ��— Date . �i ( —0-21 (Signature certifies licensee or associates havl,'i t beeirci (criminal/civil). Report violations on back, then sign here. five years for any state/local liquor law violations PS 9093-98 Minnesota Department of Public Safety y Alcohol and Gambling Enforcement u' 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 r �` 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 3440A.404 S. 3 to report any license cancellation. License Code CMBN License Period Ending 041.1512002 ID# 158 City/County where license approved. (Hfllbar& v iddess changed, do not use this form. Contact this office.) Licensee Name Vet sch, Gary E. Trade Name Smackdown's Sports Bar & Grill Licensed Location address 5772 Main Ave NE/PO Box 51 City, State, Zip Code Albertville, MN 55301 Business Phone(763)-497-9325 LICENSE FEES: Off Sale $ 100.00 On Sale $ 2, BOO. 00 Sunday $ 200. 00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following; Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature X Date 0 z— (Signature certifies all above informatiodto be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above. Date 3/) 3 / 6 -2-- County Board issued licenses only (Si natt` certifie licen ee ' license). Police/Sheriff Sig re Date (Signature certifies licensee or associktes no cited lliziW the past five years for any state/local iquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-98 Minnesota Department of Public Safety Alcohol and Gambling Enforcement' 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $2.0 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CMBN License Period Ending 04/ 15/2002 ID# 1627 City/County where license approved. lillbdht*V balt"s changed, do not use this form. Contact this office.) Licensee Name 152 C l u b I n c. Trade Name 152 Club Licensed Location address 5794 Main Ave NE /Box 107 City, State, Zip Code Albertville, MN 55301 Business Phone(612)-497-4101 LICENSE FEES: Off Sale $ 100.00 On Sale $ 2, $00. 00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. p Licensee Signature , p—r—TJ�� Date (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above. County Attorney Signature Date County Board issued licenses only _(S}gnature certifies licensee is eligible for license). Police/Sheriff (Signature certifies licensee or associateslWE dw been cited (criminal/civil). Report violations on back, then sign here. Date the past five years for any state/local liquor law violations PS 9093-98 °"� Minnesota Department of Public Safety ' Alcohol and Gambling Enforcement �, 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979 •TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CMBS License Period Ending 04/ 15/2002 ID# 7518 City/County where license approved. 0i1lbQit*V:hJn1 eis changed, do not use this form. Contact this office.) Licensee Name G RG I n c . Trade Name Geez Sports Bar & Grill Licensed Location address 5788 Main Ave/PO Box 142 City, State, Zip Code Albertville, MN 55301 Business Phone(612) _497-2505 LICENSE FEES: Off Sale $ 100.00 On Sale $ 218 00. 00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature Date (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above. County Attorney Signature Date County Board issued licenses only...(Signature certifies licensee is eligible f9r license). i Police/Sheriff Date 4.-//f3'/O (Signature certifies licensee or associates have,not been cited d ' g the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-98 Minnesota Department of Public Safety Alcohol and Gambling Enforcement 3 444 Cedar Street, Suite 133 ' St. Paul, MN 55101-5133 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new " license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS License Period Ending 04/ 15/2002 ID# 9059 City/County where license approved. 0111M%*V irkkeis changed, do not use this form. Contact this office.) Licensee Name Lynn's Why Not Inc. Trade Name Longshot Bar & Grill Licensed Location address * 5700 Jason A v e City, State, Zip Code Albertville, MN 55301 Business Phone(612) __497-3499 LICENSE FEU: Off Sale $ On Sale $ 2, 800. 00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued., ,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. /100 Licensee Signature/J w Date 3 % f (Signature certifies allfr ve information to be correct and license has been approved by city/county.) City Clerk/County Au Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above. County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signamre K!t Date (Signature certifies licensee or associates een cited hpast five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-98 i ya CITY OF ALBERTVILLE, MINNESOTA RESOLUTION NO. 2002-9 RESOLUTION ESTABLISHING SCHOLARSHIPS AND AWARDS TO THE 2002 ALBERTVILLE ROYALTY WHEREAS, the Albertville City Council acknowledges the benefit to the City of being represented at various functions by the Albertville Royalty; and WHEREAS, the City Council has budgeted $4,250 in its General Fund for the purpose of scholarships to Albertville Royalty and awards to members of the Junior Royalty; NOW, THEREFORE, BE IT RESOLVED BY THE ALBERTVILLE CITY COUNCIL, WRIGHT COUNTY, MINNESOTA, that scholarships shall be presented to the Albertville Royalty, upon proof of successful completion of one quarter or semester of post secondary education, as follows: Queen - $1,500 Scholarship Princesses - $1,000 Scholarship each Miss Congeniality - $ 500 Scholarship BE IT FURTHER RESOLVED, that $100 U. S. Savings Bonds shall be presented to each of the Junior Royalty. Approved by the City Council of the City Albertville this 1st day of April, 2002. ATTEST: Linda Goeb, City Clerk/Administrator John Olson, Mayor �s APPLICATION FOR CITY 3.211tIALT BE` )d Applicants Nary (Business, Partnership, Corporation) Trade Name of DBA L LL U f E YY16f3z LeCRT V,M6 Mob, i L�-C usiness Address 1 (� t� (� �-�" `r" Business Phone Hone Phone rve � 53 Z (� 15-0 9 9 8 J City State Zip Code County AL M YJ G G� 10 tIs this application If a transfer, give name of former owner: License period C"Q � � Ujq 7 , New ❑ Transfer From:,c,c - /✓�-- 0.: To: , f _ /-/,� a If a co ration or a partnership, give na title, address, and date of birth of each officer/partner. Officer/Partner Name and Title 6) W !V Address 3 8 l f m; I J M E S& --A (- t� DOB bcUmly T MOO E� FLyrnImm Mri'5,5-446 -/-7 3 Officer/Partner Name and Title Addr6ss DOB Officer/ParMer Name and Title Address DOB Officer/Partner Name and Title Address DOB Officer/Partner Name and Title Address DOB 50- or, Pa KA �7` o Aj o tZ COEORATIONS WL Date of incorporation State of incorporation Certificate Number Is corporate authorized to do business in Minnesota? L/ 6 es 1 ❑ No If a subsidiary of an other corporation, give name and address of parent corporation BUILDING AND RESTAURANT Name of building ownep r Owner's address t - (� SOX 1 S- _, �� ' �j�° .'l��Z �.iIiLC�c! Are Property Taxes Has the building owner any connection, direct, or indirect with the Number of employees delinquent? applicant? ❑ des ❑ Yes f p/ No 9k"No Restaurant seating Number of months per year restaurant will Hours food will be Will food service be the capacity be open available principle business? ` t Describe the premises to be licensed If the restaurant is in conjunction with another business (resort, etc.), describe business N IA The licensee must submit the following: A. Liquor Liability Insurance (Dram Shop) $50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100,000 for loss of means of support. ATTACH CERTIFICATE OF INSURANCE TO THIS FORM. S i r r r S AFFCo FROM,; CITY OF RLBERTVILLE FAX NO. '. 7634973210 P.O. Ho:9 Albertville, M1Y SMI (612) 497-8384 Faxi (613) 497-3310 The undersigned certifies that it complies with Minnesota Btatvtes, 8e0tion 340.001, subdivision 7, in that it qualities its a "Bona ride Club" within that section, and that this appli- cation stakestition for a limited license as a "Bona aide Club" for a lNitod, non -intoxicating malt liquor license. a license fee of $10.00 per day is required to accompany this application. 10 Name of Applicant: �7 �eAt �/ MR (��rii-Ile /__7 2. Marge and Address of President and Secretary of Applicant: _ Ze On ago'" S. Purpose for which funds: /j%derived will be used � 4. Date of activity; o0 S. Promises from which non -intoxicating malt liquor will be dispensed on said date: n_r_^pn l , `P S. Hours of operation; _� �-i i ` cic" Q- 7. number of previous license obtained this calendar year'r e. Name, address, telephone number and position held with Club of person signing this application= Date., of Applicant(s) Minnesota Lawful Gambling I r.22n _ Annlir_atinn fnr I=Yomnf Dnrrv%;+ E,%,% & 0) r A/wpm Organization Information Chem No. Organization name - Previous lawful gambling exemption number '.:�Ili C,i1u�c� Street City - State/Zip Code County 40 or, �tth S�-.1`��chc� e.\ MN 5 S3 7 (� Lo r 1 Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO 7—�c CJ1 -s1 V5(Xe-r t--t- t? 63 - y 9 `> - 3 % /.I,'l Name of treasurer First name Last name Daytime phone number of 1.eorngr treasurer Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal 0 Religious ❑ Veteran ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization ® Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) S7-M R =.ce. R v e rQ. Address (do not a PO box) 7-% all City ( 1 b e.rwt 11 e. State/Zip Code M Ill S53 d� County t �Jr �� Date(s) of activity (for raffles, indicate the date of the drawing) M4 ' 1 — &ROOD Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo ER Raffles (cash prizes may not exceed $12,000) ❑ *Paddlewheels ❑ *Pull -Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be pubic information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying foryour permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to me ronowing: tjoaro members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety, the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. =LG220 - Application Organization r Exempt Perry 90 ckr\ s% Page 2 of 2 3101 Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. QThe city approves the application with no waiting period. The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name of city (Signature of city personnel receiving application) Title ' Date If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. 11 The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date I 1 TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Tide Date Chief Executive Officer's Signature The information provided in this applicatign is complete and accurate to the best of my knowledge. Chief executive officer's signature Name (please print) L e o-, \41rsk 1 �, Dated_/ -?f I Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 65113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. CITY OF ALBERTVILLE RESOLUTION #2002-10 A RESOLUTION APPROVING A ONE -DAY, OFF -SITE GAMBLING LICENSE FOR ST. MICHAEL CATHOLIC CHURCH WHEREAS, the St. Michael Catholic Church has made application with the Minnesota Charitable Gambling Control Board to conduct a one -day, off -site gambling license for raffles on May 4, 2002, at the STMA Ice Arena; and WHEREAS, the St. Michael Catholic Church had submitted said application to the City Council of the City of Albertville, and the application was reviewed by the City Council at a public meeting conducted April 1, 2002. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves the application for a one -day, off -site gambling license for raffles for the St. Michael Catholic Church on May 4, 2002„ at the STMA Ice Arena. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ABLERTVILLE THIS 1st DAY OF APRIL, 2002. John A. Olson, Mayor Linda Goeb, Administrator -Clerk CITY OF ALBERTVILLE #46 ORDINANCE # 2002-5 AN ORDINANCE PROHIBITING GAME HUNTING AND DISCHARGE OF FIREARMS WITHIN THE CITY OF ALBERTVILLE The City Council of the City of Albertville ordains: Section 1. Prohibition Against Hunting. No person shall hunt, take, capture, shoot or trap any animals or birds within the corporate limits of the City of Albertville, unless excepted from this ordinance within Section 3. Section 2. Prohibition Against Discharge of Firearms. No person, except a police officer in the performance of duty, shall, within the City, discharge any gun, pistol, or firearm of any description or carry any such weapon, unless it is dismounted or broken apart, or carried in a case in such manner that it cannot be discharged. This section does not prevent the carrying of a hand gun within the City under a permit subject to the restrictions imposed by law. Section 3. Excg tip 'ons. The City Council or the Chief Security Officer of the City may specifically authorize any person or persons to destroy diseased, injured or dangerous birds, animals or reptiles. Section 4. Violation. Violation of this ordinance shall be punishable as a misdemeanor. Section 5. Repeal. The following ordinances are hereby repealed and replaced: (1) Ordinance # 1982-1, adopted February 1, 1982. (2) Ordinance # 1999-6, adopted September 20, 1999. Section 5. Effective Date. This ordinance shall be in full force and effective immediately following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 1st DAY OF APRIL, 2002. John A. Olson, Mayor Linda Goeb, Administrator -Clerk TO: Mayor and City Council FROM: The Guimout, Public Works Supervisor DATE: March 299 2002 SUBACT: Public WorksIParks Report $ — I have received three (3) quotes for portable restrwms for the city parks. The best price was $68.00 a unit per month. I ordered them for delivery around April 15 . We have been clearing the walkways of snow and sweeping the sand off them as well. The warming house area of the City Park building has been taken down and put away for the Therefore the entire building is one open space and cleaned. I M. PAR..W Weather permitting tt . streets will be swept soon d will start PUBLIC "M GARAGEMPI — We have been doing maintenance and repairs to all of the equipment as well as getting equipment ready for spring. We have repaired and painted most of the street barricades and made new ones as well. SIDEWALKS — We have accepted a bid from French Lake Curb for the sidewalk on the north side of Main Avenue from 53rd Street to 54m Street. I have contacted them for a price for sidewalk in front of the Church on 57* Street. y= — For Your Information — Typically someone from the Streets and Parks Departnient spend 15 — 20 hours a week assisting at the Water and Wastewater Treatment Plant. TG:bmm CNN waft R.paelt4M Re wWW-PR RspW 03•29 a dw TO: Mayor and City Coaadl FROM: John MkWkadoK Wastewater Department DATE: March 299 2002 SUBJECT: Wastewater Treatment Fadlity Report I would like to purchase a submersible mixer for the flash mile tank. We curready uw an above ground mixer that leaves the hatch on the flour open making it unsafe. I took some pictures showing the situation I have two (2) prices of two (2) mixers. They are very similar except one is maw of cast iron and one of stainless steel. By purchasing a submersible mixer I can close the hatch eliminating the hazard. The Wastewata Treatment continues to run well. I have been working on the UV disinfxtion system getting it ready for April Is' start. Gridor Construction has been out working on punch list items. The standby generator for powering the lift stations is being delivered. The generator is an expensive piece of equipment that will have to sit outside because of the lack of storage space. 9700 Knboldt Ave. So. epOI* lam 53431 OU01ATtON March 27, 2002 TO: CitY of Albettvk ATTN: John Middendorf PHA 763-497-3145 FAX# 753-497-0774 RE: Flygt Submersible Mixer T (t#-84 884.5394 • Tcll Free I-W0-536-&%4 r Fax (952} Page 1 of 9 We are Pleased to offer the following quotation for equipment on the above referenced project, One (1) Flygt #4352 1.3 HP 1 i5V submersible mixer with cast iron construction, polyamide Propeller. galvanized steel mastless stand single phase starter box with switch 30' of power cable, and 15' of stainless steel chain with J-hook. TOTAL SELL PRICE: .........................$gip QM One (1) Flygt #46201.3 HP 115V submersible mixer with SS construction, stainless steel Propeller, stainless steel mastless stand, single phase starter box with switch 30 Of power cable, and 15' of stainless steel chain with J-hook. TOTAL SELL PRICE: ......................... 14 .,1pq.00 Cut sheet for both options fallow. The starter box Is the same for both. and would need a pigtail to Plug in to an outlet. The above quotation is firm for 30 days and is offered in accordance with Etectric Pump terms and aonditians of sale. Payment terms We net (30) days. PriCes do not include any freight, installation actilft or any applicable "Ieslexcise taxes. if you have any questions, please contact us. Sincerely Alan 4(62.0 chneider (S B to A.t-rGk/�� MINNEAPOLE i FARO i BRAINERD G/T 1.1 FLLNO HANDUNGi EPF %aT JI11)3-U L :c@ Imp In 114oIRT"WRST ASSOCIATID C61144VILI 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: January 15, 2002 RE: Albertville - Kollville Estates Second Addition Final Plat FILE: 163.06 — 02.02 BACKGROUND_ Leuer-Munstertieger Properties has submitted a final plat application for the Kollville Estates PUD project. The final plat consists of 54 townhome lots in phase two of the development. The preliminary plat of Kollville Estates was approved by the City Council on April 3, 2000. A PUD concept plan was submitted earlier for the entire land holdings of the applicant, which consists of 64 acres of land bounded on the north by CSAH 37 (65tn Street), the east by Parkside 2"d Addition, the south by Fairfield Addition and the west by Cedar Creek North. The developer desires to final plat the area described as Phase 2 in the PUD plans. Phase one, consisting of 73 townhome lots, was approved in June 2000. Attachments: Exhibit A Site Location Exhibit B Draft Findings of Fact and Decision Exhibit C Final Plat Exhibit D Final Stage Unit Plan Exhibit E Preliminary Plat Exhibit F Utility Plan Exhibit G Grading Plan Exhibit H Landscape Plan Exhibit I Foundation Planting Plan Exhibit J Concept Plan Exhibit K Exterior Elevations Staff has reviewed the final plat for consistency with the preliminary plat findings of fact and with the PUD Final Development Plan. Based upon this review staff makes the following recommendation. RECOMMENDATION The final plat is consistent with the approved preliminary plat and final stage of development (PUD). Therefore staff recommends approval of Kollville Estates Second Addition subject to the following conditions: The park dedication for the project shall consist of cash dedication of $1,500 per unit. 2. All grading, drainage, and utility issues are reviewed and approved by the City Engineer. 3. Required driveway, utility and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 4. The developer shall provide the City with a reproducible copy of the recorded final plat, and two (2) prints prior to issuance of building permits for the lots. 5. A developer's agreement is prepared by the City Attorney and signed by the applicant. 6. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 7. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 8. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents within 120 days will render the final plat null and void. 9. Any other conditions as set forth by the City Council, City staff or City Consultants. ACTION REQUESTED: A motion to approve, deny or conditionally approve the final plat. In the event that the City Council approves the final plat with condition as other than those identified herein, Staff should be directed to amend the Findings of Fact and Decision accordingly. Linda Goeb, Mike Couri, Pete Carlson, Jon Sutherland, Scott Dahlke =1=1:A ELVI I A A =�Tiv1 r 1-22-02 CITY OF ALBERTVILLE City Council Findings of Fact & Decision - Final Plat Applicant's Name: Leuer-Munstertieger Properties. Request: Leuer-Munstertieger Properties has submitted a final plat for Phase Two of the Kollville Estates PUD project. The final plat consists of 54 townhome lots and one common space lot and is consistent with the approved Kollville Estates preliminary plat. City Council Meeting Date: January 22, 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached as Exhibit A. 2. The NAC planning report dated January 15, 2002 is incorporated herein. 3. The final plat is consistent with Kollville Estates Preliminary Plat, approved in April of 2000. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for approval of Kollville Estates Second Addition Final Plat has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The park dedication for the project shall consist of cash dedication of $1,500 per unit. 2. All grading, drainage, and utility issues are reviewed and approved by the City Engineer. 3. Required driveway, utility and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 4. The developer shall provide the City with a reproducible copy of the recorded final plat, and two (2) prints prior to issuance of building permits for the lots. 5. A developer's agreement is prepared by the City Attorney and signed by the applicant. 6. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 7. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 8. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents within 120 days will render the final plat null and void. 9. Any other conditions as set forth by the City Council, City staff or City Consultants. Adopted by the Albertville City Council this 22nd day of January 2002. Attest: City of Albertville By: John A. Olson, Mayor Linda Goeb, City Administrator pc: Linda Goeb, Mike Couri, Pete Carlson, Jon Sutherland, Scott Dahlke 2 EXHIBIT A LEGAL. DESCRIPTION OF KOLLVILLE ESTATES SECOND ADDITION Outlot A, Kollville Estates, according to the plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. 3 g g 4z i O a s v I � a V S '• eH nl 4 a tl I � =. A 93 E g 1r\ \J �� . Yo a •` 0 a r w • G.. 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"HIBIT D Q. � }aags fold �Joulwljajd "�."` �;�; os 49 E.1....-n...a.eor ,wiJ .I.+�roM �:i9W �IIOO] t;rcc n. m Nr S31 bi S3 37IIA 770>f :L W J 80-1 FM AG ASOM 4 / w 'u Ott +M ti wp.(w� , ppgVy WWII I zw ys� a d . 3 Z 8 a�$ fi fi sill] s, NVId xinan J7= 71*9" ifts WAAaamm aS AN QVO" I'm Q-1 AM3MAUWnD S3iViS3 31IIA770>1 -Two smfw atcam do -I 09 Af MWV IVId k8VNllNll38d Lf) ff/cam/tt 2tva .8 o )idVd -WVd JWUSN3 EXHIBIT F -7- I Ndld DNICYaD ,aw-n.x :nu :+rY/p'.w� •w i�.wti� � 7 � � � ' _ r •••••• mor mere „ras xnxxanor os AY asnao � �•.n 4r a01. ^ W W� S31'd.LS3 3771n770 m v� OS AB AWVW W y�� i+Wwtir bylr.rre wNNrlruwW5W —i wr a ..�.w/'+M wx •w AxYrNw x v m y 8E/CZ/11 zvo i ' y �10 ti ija• ii S x ( aa /' f / •9' / 4g O M1 N I Y � yP �• 1 a i p /'/ / �, �• r f r WON I DWrorwrorwrorwror I' HIBIT G L S3iViS3 377IA770>1 'Myd —low N doi "mmAuwna 40 mW4Y HW SAWW QMD.W ----------- NV7d 3dVOSONVI ag AR WVW O'r 0- -ocatm v. z 40 u 44 , — JE _14 ham-71 0 f " if loll (D -S - - - - - - - - - - - - E HIBIT H i W n q! j1Uj) (JO;S OM.L W= Lu ot W S3iVIS3 311U1110>1 awwt w.n�ae I H Ix ° " mush w a mw er nro sww wwar I W K 2lOj ix? NVId ONLLNVId as w�« W NOtLVQNnoj W W F- EXHIBIT .. � W ,& y Icc J>1 V�J� ��0 /i Sfl 3Y�AWr no Wvd � Now �+� o -am SIIYid mum a a bQ� g NVId JM1Ndld °S '°""""' a = W o - N i N011 b aN�Od +-„ :"".a" •3•:y�.'..'.:: N K` N..,..,.,........,.�..�..., sue, oa✓sus a.o , ,__ f�5iyL7 � fm 30VIS ld30N00 and l "" �u.w �wr � raursl aS mag7w W ^ ,— ,3Dw JADOB n NWT = 'AS31b1S3 3"►��n��Ox McS"adom _.as is y doi as ..,.tea j a 8 0 Ndld ld30N00 ,...�.� .. "",.�.:,;; ~, g Uj EXHIBIT J 1 EXHIBIT K EXHIBIT K r Quality Site Design, LLC Civil Engineering Land Development January 14, 2002 Mr. Pete Carlson, P.E. S.E.H. 1200 25 Ave. South 02) St. Cloud, MN 56301 Re: Construction Estimate for LOC Kollville Estates Second Addition Street and Utility Improvement Project Albertville, Mn Dear Pete, Please find attached an itemized list of construction costs for the street and utility improvements associated with Kollville Estates Second Addition. I have previously submitted the final plat to the City for approval. Construction plans will be forwarded to you for your review in approximately three weeks. All street and utility improvements are as originally proposed in the development stagelpreliminary plat for this phase. Please forward your construction cost estimate, for Letter of Credit purposes, to Mike Couri as his office is in the process of drafting the developers agreement. If you have any questions, please do not hesitate to contact me at 763-550-9056. Sincerely, Quality Site Design, LLC Scott Dahlke Professional Engineer Cc: Linda Goeb — City of Albertville File 00109 3600 Holly Lane N., Suite 100, Plymouth, MN 55447 • Phone (763) 550-9056 • Fax (763) 550-3913 CONSTRUCTION ESTIMATE for KOLLVILLE ESTATES SECOND ADDITION Street and Utility Improvement project Albertville, Minnesota Owner. Crow 94 Properties, Inc 100 E. Centeral Ave St. Michael, Mn 55376 BID A - Sanitary Sewer Engineer: Quality Site Design, LLC 3600 Holly Lane N., Suite 100 Plymouth, Mn 55447 No. Item Unit Unit Price Total Price 1 8" PVC, SDR35, all de the FlQ032� LF $14.00 $14,448.00 2 48" Manhole 0-8' EA $1,300.00 $6,500.00 3 IManhole Extra Depth 13.4 LF $85.00 $1,139.00 4 Sanita Service Group - 4" 54 EA $60.00 $3,240.00 5 4" PVC, SDR 26, Service Pie 1900 LF $7.50 $14,250.00 6 Density Test 20 EA $45.00 $900.00 7 Televising 1032 LF 1 $0.751 $774.00 TUTAL BID "A BID B - Watermain $41,251.00 No. Item Qty. Unit Unit Price Total Price 1 6" PVC Watermain, C-900 48 LF $14.00 $672.00 2 8" PVC Watermain, C-900 1061 LF $16.00 $16,976.00 3 8"x8" DIP Tee 1 EA $150.00 $150.00 4 8"x6" DIP Tee 2 EA $150.00 $300.00 5 8" 90 deg DIP Bend 1 EA $150.00 $150.00 6 8" 22.5 deg DIP Bend 2 EA $150.00 $300.00 7 8"x6" DIP Reducer 1 EA $200.00 $200.00 8 6" Gate Valve, Box & Riser 3 EA $600.00 $1,800.00 9 8" Gate Valve, Box & Riser 3 EA $750.00 $2,250.00 10 Hydrant 2 EA $1,450.00 $2,900.00 11 Water Service Group 1" 54 EA $150.00 $8,100.00 12 Copper Service Pie 1" 1900 LF $7.00 $13,300.00 13 Bacteriological Test 2 EA $40.00 $80.00 14 1 Density Test 20 EA $45.00 $900.00 15 Remove and reset existing hydrant 1 LS 1 $600.001 $600.00 16 Remove existing 8" DIP Plug and connect 1 LS 1 $602.001 $602.00 TOTAL BID "B" $49,280.00 Page 1 of 2 It CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT KOLLV LLE ESTATES SECOND ADDITION THIS AGREEMENT, entered into this day of , 2002 by and between LEVER-MCTNSTERTEIGER PROPERTIES, INC. 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 "Kollville Estates Second Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "SuNect Property"; and WHEREAS, Developer intends to subdivide 7.4 gross acres for purposes of constructing 54 medium dens ty multiple family residential units; and WHEREAS, approva. of a Conditional Use Permit/Planned Unit Development is required to allow for the afore mentioned subdivision proposed by Developer; and WHEREAS, the Cit r has given preliminary approval of Developer's plat of Kollville Estates Second ddition 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, sanitary sewer anc water (hereafter "Municipal Improvements") be installed to serve the Subject Property anc be financed by Developer; and 1 WHEREAS, the City further requires that certain on and off -site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, bituminous private street, curb and gutter, grading, drainage, storm sewer, 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 ditions imposed thereon; V' 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. A property owners' association is established in compliance with Sections 1100 and 2700 of the City Zoning Ordinance. The property owners' association declaration of covenants addressing, among other things, maintenance, conditions, and restrictions are approved by the City Attorney and recorded against the title to each lot within Said Plat. The City shall not issue a building permit for any structures unless said covenants have been previously recorded against all lots in Said Plat. B. All Townhome units constructed within Said Plat shall be subject to City rental licensing requirements, if any. C. The front of the Townhome units shall be staggered to provide visual interest in the development and allow varied driveway lengths, as shown on the attached Exhibit B. 2 2. D. All Tow 24' feet e units shall include garages with dimensions of at least 207 by E. All grading, c rainage and utility issues shall be subject to review and approval by the City E Moneer. F. Developer shiffl comply with the Lighting Plan attached hereto as Exhibit C. G. The Parties knowledge and agree that should Developer decide to construct any model boines, within Said Plat, use of such Model Homes shall be consistent with Section 2200 of the Albertville Zoning Ordinance. The Parties forth 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. H. All Townho a units are constructed in conformance with the floor plans prepared by Simonson Design Team and dated 7/ 10/00 on file with the City Clerk. Construction of Mu A. 1.3 C. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Kollville Estates Second Addi 'on, as prepared by Quality Site Design, LLC dated March 21, 2002 and o# file with the City Clerk, said improvements to include installation o water mains, and sanitary sewers. All such improvements shall be constructed according to the standards adopted by the City, along with all items requirel by the City Engineer. Unless the City Engineer specifies a later date, saii I improvements shall be installed by October 31, 2002. The Developer warrants to the City for a period of two years from the date the City accepts t ie 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 workm hip. Developer shill provide the City with lien waivers from all contractors and subcontractor; engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City 3 ■ 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 tunes 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 private streets, 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, storm sewers, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and as detailed in the Plans and Specifications for Kollville Estates Second Addition, as prepared by Quality Site Design, LLC dated March 21, 2000. Front and side yards shall be sodded. Backyards must be seeded or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on- and off -site improvements shall be installed no later than October 31, 2002, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way 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: i. Electrical power supply, to be provided by Northern States Power or other such carrier; ii. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone 4 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 fights 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 be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot or at the location of each building driveway 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 within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case said improvements shall be so completed by the following June 151h. F. Developer shall install landscaping in accordance with the Landscaping plan attached as Exhibit E. 4. Intended Use of Subdivision Lots. The City and Developer agree that the lots in Said Plat are intended only for medium density multifamily residential use in the number and the configuration as are shown on the attached Exhibit B. Developer shall construct only medium density multifamily dwellings in the number and configuration shown on the attached Exhibit B, unless Said Property is rezoned by the City in the fidture. Lot 55, Block 1 shall remain unbuildable and shall be deemed 5 a "common lot." 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 $220,214.50 representing the sum of 1005/o of the estimated cost of the Municipal Improvements and the storm sewer and private streets ($177,310), plus 50% of the on and off site improvements ($1200 x 54 x 0.5 = $32,400), plus 150% of the estimated cost of landscaping ($10,504.50). 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, 6 E. Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. 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 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 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 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. 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 Project - 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, 8 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 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- Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 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. 9 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. In such event, the City shall make a good faith attempt to inform. Developer of the City's intentions via telephone, but the City need not follow the procedures required by paragraph 14A. 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 cosh 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. 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. 10 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, 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, 13, 14, 15, 16, 17, 18, 20. 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: subdivision ordinances, zoning ordinances, and environmental regulations. 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 and/or any applicable provisions of State and Federal law. I. 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. J. Irrigation systems or other private improvements placed or installed within 11 14. any public easement or right-of-way are done so at the sole risk of the Developer, its successors and assigns. Developer agrees that the City shall not be liable for damage caused by repairs, use or other such activities conducted by the City within any public easement or right-of-way. K. Developer shall be responsible for maintaining the private streets within the plat: Developer hereby grants the City a right of entry to upon privates streets within Said Plat for purposes of repairing and maintaining the public utilities located beneath any aforementioned private streets. In the event that such repair or maintenance requires excavation of a private street, the City shall restore the gravel sub -grade to a passable condition upon completion of the repair or maintenance. Developer shall be responsible for the costs of repairing and/or resurfacing any cuts or excavations in the bituminous surface of the private road Violation of Agreement. A. Except as otherwise provided in. this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the 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. 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. 12 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 constriction work and certification of completion by the City Engineer, shall make the following dedications to the City: 1. Upon acceptance of dedication of the Municipal Improvements described above, Developer shall provide the City with "As-Builts" of all streets, sewers, water mains, drainage ponds and basins, and utilities dedicated to the City. Acceptance by the City of any dedication shall occur upon passage of a written resolution by the City Council to that effect. 2. Developer will dedicate sanitary sewer and water mains within the drainage and utility easement area to the City. B. Park and Trail Dedications: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer is required to dedicate parkland equivalent to 10% of the gross , acreage of Said Plat or pay $2,000.00 per platted unit lot, or some combination thereof. Developer is not dedicating parkland with this plat. Developer agrees that it owes park dedication in the amount of $108,000.00, said amount to be paid prior to release of the final 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 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 13 indemnify the City and its officers and employees for allcosts, 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. Developer acknowledges and agrees that it is required to pay sanitary sewer and water trunk line fees. The sewer trunk line fee is $1,400 per acre and the water line fee is $1,000 per acre, for a combined total of $2,400 per acre. Developer is platting a total of 7.4 gross acres in this phase of development. Therefore, the total trunk line fee is $17,760, which shall be paid by Developer prior to the release of the final plat by the City. 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. 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, 14 delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c% City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Leuer-Munsterteiger Properties, Inc. P.O. Box 340 100 East Central Avenue St. Michael, MN 55376 Telephone (612) 723-8636 Fax (763) 497-8296 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 LEUER-MUNSTERTEIGER PROPERTIES, INC. By Its President 15 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 ) 16 TIne foregoing instrument was acknowledged before me this day of , 2002, by as President of Leuer- Munsterteiger Properties, Inc. Notary Public EXHIBIT A Legal Description of Kollville Estates Second Addition: Lots 1-55, Block 1, Kollville Estates Second Addition, according to the plat of record filed in the Wright County Recorder's Office, Wright County, Minnesota. 18 a PROPERTES An. (W) 447 3Q5 • I _ i'1� 1 '' - -� a2 a tRrlrp r �\ \ `\ As 9^y� ` 9µP!! uUk4'ii£.�a tu Q /i r • `\ Dqm t .e r e > S+ • , ` ^.m +� qt \�. : Vic_ < p W Lu — e be 78 a � � r ++p+•R \.� `\ \ DLLs �0.1 I raj \ + e _ LJ _ s ��` p ` ` , '° ' `+. � '• • •\,�' � i1 < i �i � • -- • p e � � r> rs phi•+ � � 4. ' s se .( sr .` „ + rt f• .r..r mrrr+rr.+ �_ � �iil2 p A r Y I r sn run. T.i k. Jr ! i- mr.m..rr.a.o •..y. \ _ _ � �w e i I mna .•a m �� »zrJ r _ _._ _.._.-.�.�•._.-...� - ' tPJER•M1114T1�{TBGEP /4•...7-�,^.�. a _ LET �+.. P.0 BCr 3-0 S. • 4r` , w+t K � �` • •i �.•.. � INd J . ` ! a'; .�'�T� ;'C � ��`�� "s r ��.� t ro \C;, � '•i ��. �'��i\.c•\ � W J r- IRAW ? "� `1 2 '}„F + f. f in!�``•. �`� 4i. 'j'r••`•\ `� ! Y , • ��\u / �+ /l " . �L. 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' i I !r- � ` R 945 .: .. t _ _ _ _ ... .. _ t _ 945 � I ( 1xr�a oo,3z 940 i i I I 1- I I j I 940 ' 3 _935 ' ' I 1� > ��- 935 5 s.rr + i + 1 + 1 +no 9EYECO�R LEUEa-NuesmrmcER Ld awrm 12 CB f3 CO 12 CB it CB 10 co 9 H Ag N E E. ,s It'll" qq6 g4 �pT - g} --_ gL - - gg gN. qq .980 - - - _ - 975 - 970 ( �j . 1 - - 965 � u•� — 7 � I 960 � + t i - 11 i .. ._.. _ :_.. �r_n•�o aao� i. ._ �. .. _ ewe .. _ :. 955 1 i , f nn- .a ( I a•wral f ( 950 Q C t q,945 I 935 y - aRarERTM W - AfidWA sc AN sM srpw ri'_fa sc etierce v)L !8 ___ PACER TRAFFIC .. tar ;,p„•,.. DEVELOPER: -ENro5TERTEIGM PROMnK WC. a P.Q.S"76 P h. (872) 12J-B636BM RALPN UL96MRiOM t o W G e UJI 5 p L. Y FLANGE HYDRANT HYDRANT TVTH. VALVE INSTALLATION CLASS B MODIFIED PIPE BEDDING HOUSE WATER SERVICE LATERAL STANDARD SANITARY SEVER NANNCLE PVC PIPE BEOOMG DETAIL r•r. STANDARD CATCH BASMI I AW, �^ 1+� ail IE I I 9 HOUSE SANITARY LATERAL WASER HOUSE SANITARY SEVER LATERAL MSS C PIPE BEDDING DETAIL RIP RAP AT OUTLETS SHALLOW DEPTH CATCH SASW -•t—._..�..�.• y WAM Lrs �.. = sne �>s�as:--�=_� Na oor3z ROCK CONSTRUCTHYI ENTRANCE tit':=:��v_'_-'3esr•--- 5 yq[fs CONCRETE CURB AND CUTTER CURB k GUTTER AT CATCH BASIN ER090N CONTROL Al CATCH BA51N HANDICAP RAMP r r + _- _ '-•.,"=--�...^ •"3-; LE1Bi•MAIBTEATB�li PROMTES % 41 �_ > a s SU 340 I r0 j r . ++aa++ta ` . �. /%C\ sr. 9 uEt. SSJor f ` p ': ar • . �`�. �uj vrt. (sri) 7t3-1-eels P t ;-s 'ka arm \. . •.a">. � �C,,,,_.•--i ;°.��! �`:. +�� s \ �` may: -. 2 W. VA LU CO X Y N. ro i?•+i� . & 410 _t �aJ �� _ `�G�r^'y��'iti„=�..�2 .�u~' ' .�i'�•,� .Ju r.:� Qy,,.++a+ �' � \ \ J Y \ • � e a+w¢ ;`i / , a :. gp 4,1 ^ � Y I 1 b ' r �,_,.t-a't _. �uC� \��++ir }�� •� �� . v. x.7`� f /i'-`��' F'ONo •I 1 \ !s� 3ie�f1 ( < t iss :;sis $p I \.{ :�^, y'�v'�/�'?�� j.:. i '.i'r•{e7i '� - 2s7�: fl ar (� 04.11 LCrtdseCDa L Md 1�� 33 iI� \0,�•'�. xl ;.(r--• 3 1, f� .9 rQ aR.nvO+ro+w.wM tM+p NYOfID M.M /aw.aw .fw..'+C G i. �I. /!(�.rQ 99YJ warY�.Mf:S.bM .i +9M9Wff q>A9m MYurr [aMc. :�� 'I --_ 9Ki� 140RTI1AWt%T ASSOCI*Ttlib CONSULT* 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile:952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville City Council FROM: Cindy Sherman DATE: March 18, 2002 RE: Cedar Creek South Fifth Addition Final Stage PUD / Final Plat FILE NO: 163.06 — 02.04 BACKGROUND Pilot Land Development Company has submitted final stage PUD/final plat plans for Cedar Creek South Fifth Addition. This phase completes the platting of the overall development. The plat as proposed is part of Cedar Creek Golf Course. The property is zoned Planned Unit Development (PUD). The request is to plat 23 lots to be served by Karston Court N.E., a cul-de-sac served off of Karston Avenue N.E. The development as proposed is consistent with the approved development stage plan and preliminary plat. Attached for Reference: Site Location Cedar Creek South (CCS) Development Stage Plan Plans for Cedar Creek Fifth Addition Typical landscape plans ISSUES AND ANALYSIS Conformance with Development Stage Plan. Generally the lot configuration and street layout is consistent with the approved development stage plan. Lot Size. The minimum lot size for this portion of the plat is 15,000 square feet with a minimum lot width of 80 feet. All lots meet or exceed these requirements. Building Setbacks. The overall PUD allowed coved setbacks on certain lots. In this portion of the plat all of the lots are shown with a minimum setback of 30 feet, which is consistent with the ordinance and the approved PUD. Streets. The lots are to be served by a cul-de-sac that is approximately 2200 feet in length. This was approved with the development stage PUD. There are also two landscaped islands to be located within the right-of-way. These will be maintained by the golf course association. Grading, Drainage and Utilities. The grading, drainage and utility plans subject to City Engineer's review and approval. Park and Trail Dedication. The park dedication is subject to the formula established in the PUD Development Agreement. The developer is not dedicating any parkland with this plat but will pay a fee equal to $2000 per lot. The fee will be offset by the costs of previously dedicated parkland and trail construction as outlined in the developers agreement. Required Landscaping. Developers of all new residential subdivisions are required to provide one tree per single-family lot. The tree may be evergreen (minimum three feet high) or deciduous (minimum two inch diameter trunk). Plantings shall not be located closer than three feet from the property line. All disturbed areas are to be sodded. Development Contract. The applicant must enter into a development agreement as a condition of approval. RECOMMENDATION The plat as submitted is consistent with the preliminary plat and development plan and therefore, staff recommends approval subject to the attached findings of fact. Cedar Creek South Fifth Addition Page 2 of 2 r-a .0 �� 12 z 03 1 M", 4 m +w zz C PAP cP� 40iovtN 5 �u i a►�( :NEB-j t7E6*ON$p ro .. *,otvle 40 (ice 61,tflok valve i VA � y f � N371""•�,IddZb 102 TZ'Ndl /to 9�1 i . f ado ,�' � �' ♦�( �c .2��Y R gy P'a�� sg 8 aaaa g 11"I RA" I OJYS.LO� I—79YHJ/N :LS e CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Cedar Creek South Fifth Addition THIS AGREEMENT, entered into this day of , 2002 by and - between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright State of Minnesota, hereinafter referred to as ►'City,. WITNESSET I: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar Creek South Fifth Addition" and may sometimes hereinafter be referred to as the "Subject Property"or "Said Plat" and MREAS, the City has given preliminary approval of Developer's Development Stage plan of Cedar Creek South Fifth 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, grading, sanitary sewer, municipal water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and, further, to be financed by Developer; WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project 1 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 agreements of the parties concerning the development of the Subject Property; and WHEREAS, the City and Developer have previously entered into a Developer's Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under , which the City granted concept plan approval to the plan for the area covered by said Master Agreement; and WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Cedar Creek South Fifth Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Concept Plan Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") between Pilot Land Development Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master Agreement as to the specific development issues related to Cedar Creek South Fifth Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Cedar Creek South Fifth Addition. in the event of a conflict between the terms of the Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to 2 a any conflicting issues within Cedar Creek South Fifth Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining landarea subject to the Master Agreement. 2. Construction of Municipal Improvements. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cedar Creek South Fifth Addition, as prepared by Meyer-Rohlin Inc. dated as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, storm water ponding, site grading, curb and gutter, and paved streets. 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 August 3V'3l 2004. 3. Construction of On- and Off -Site Improvements. Developer shall construct all on - and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front and side yards shall be sodded. Backyards may be seeded or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. 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. 4. Intended Use of Subdivision Lots, Requirements. It is the Developer's and City's intent that single-family detached dwelling units be constructed on the lots in Said Plat (one unit on each lot). Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat. Lots located in Said Plat may have varying front yard setbacks, provided that no front yard setback may be less than thirty (30) feet. 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 $221,035.00 representing the sum of 100% 3 of the estimated cost of the Municipal Improvements ($192,535.00), 50% of the on and off -site improvements ($13,800.00) and 150% of the estimated cost of landscaping ($14,700). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. If a bond is used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5 times the percentage of the required surety which the bond represents. B. The letter of credit or surety shall also provide security to the City that the Developer will pay all park dedication fees that may be owed to the City (if any) from the developments listed below after deducting a credit to the Developer for the installation of trails in said developments. The City shall provide Developer with a final accounting of such park dedication fees when all trail cost information is made available to the City. C. 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, including the park dedication obligations described in this Agreement. D. 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. E. 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 4 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. F. 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. G. 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. 6. 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 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. 5 I 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% o 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. 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. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 10.43 acres in Said Plat. However, per the agreement outlined in Parkside P Addition Developer's Agreement, paragraph 2, pages 2-5, the developer will be credited $900.00 per acre prior to the installation of a sanitary sewer flunk line. Therefore, the Developer shall be required to pay $5,215.00 ($500.00 x 10.43 acres). Developer will pay said fee prior to the release of the final plat by the City. 8.. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit B. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Ditch Cleaning. 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 legally enforceable federal, state, county or city requirements, all at Developer's expense. The City may elect to (but shall not be required to) refund to the Developer expenses incurred by Developer for machine operator time spent cleaning the ditch beyond the boundaries of Said Plat. 6 to ilaaeous. A. This Contract shall run with the land and shall be recorded against the title to the property (or shall be recorded via a short -form companion document referencing this Agreement). Upon the Developer's request the City will execute and deliver to the Developer a release discharging Developer's obligations under this Agreement, provided the Developer has completed all work and met all obligations required under this Contract, and after expiration of the warranty period. B. 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, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines, that the plat does not comply, the City may, at its option, refuse to allow construction or development work in Said Plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. C. 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. D. 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. E. There are two "islands" (unpaved areas) surrounded by pavement within the right of way of Karston Court (one located is adjacent to lots 3 and 4, Block 2 and the other is located within the cul-de-sac). Because Said Plat abuts Lot 1, Block 1, Cedar Creek South., which is currently being used as a golf course, [the owner of the golf course] has an interest in the 7 development of Said Plat In order to help preserve the value of the golf course, and in order to induce the City to approve Said Plat, agrees to maintain, into perpetuity, all trees, landscaping and ground cover within said "islands." 's obligation under this paragraph shall run with the land and shall be recorded via a separate document at the Wright County Recorder's Office on the title of Lot 1, Block 1, Cedar Creek South. F. If a subdivision sign is desired by the Developer to identify the Cedar Creek South Seventh Addition development, a sign plan shall be submitted for the review and approval of the City Planner. Deed restrictions or other appropriate documentation shall be provided to identify that the private homeowners association shall be responsible for the maintenance of the grounds as well as the subdivision sign in perpetuity. Said documents shall also provide a clause allowing the City to remove the sign in the event that it is not maintained. The written documentation shall be subject to review and approval of the City Attorney and filed with the Wright County Recorder's Office. G. Developer shall guarantee that all new plantings as required by Exhibit C shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. H. Developer shall install street lights at Developer's expense of the type and in the locations as approved by the City Engineer. 11: Dedications to the City. A. 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 dedicate all roads, road right of ways, 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. Developer acknowledges that a total of 1.43 acres of park land (10.43 acres of land x .10) are needed under the City's current park dedication. The Developer is not dedicating any park land with this plat. Developer shall meet its park dedication requirements through the payment of $1,500 per residential lot platted in this plat, subject to offsets in favor of the Developer for excess park land 8 f dedicated in prior plats and the cost of constriction of trails built by Developer at the City's direction. Developer shall make any payments due to the City under this paragraph at such time as the City directs. 12. Indemnity, Developer shall hold the City and its officers, employees and agents 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, employees and agents 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. 13. 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 and/or utility systems 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. Developer further agrees that any damage to public property caused by Developer, its agents or employees, will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property caused by Developer, its agents or employees, 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 appear said special assessments under Minnesota Statutes section 429.081. 14. Assignment of Contract. The obligations of the Developer under this Contract 9 cannot be assigned without the express written consent of the City Council through Council resolution. 15. 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 PILOT LAND DEVELOPMENT COMPANY, INC. By Kent Roessler Its President [golf course] By: Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT 10 Tl-we foregoing instrument was acknowledged before me this day of , 2002, by John 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 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 Kent Roessler, as President of Pilot Land Development Company, Inc. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2002, by as President of [golf course owner]. 11 DRA Y: Court & MacArthur Law Office P.O. Box 369 705 Central Avenue East St Michael, MN 55376 (612)497-1930 Notary Public 12 E-i—HM1T A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Cedar Creek South Fifth Addition Plat): Lots 1.13, Block 1 Lots 1-10, Block 2 All said properly in Cedar Creek South Fifth Addition, City of Albertville, County of Wright Minnesota P EXHIBIT B Grading and Erosion Control Plan EXiIIBIT C Landscape Plan SHORT ELLIOTT HENDRICKSON INC Multidisciplined. Single Source. .dir 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX architecture engineering environmental transportation April 1, 2002 RE: Albertville, Minnesota 2002 CSAH 19/57th Street NE - Traffic Signal Improvements SEH No. A-ALBEV 0207.00 Honorable Mayor and City Council c/o Ms. Linda Goeb City Administrator City of Albertville 5975 Main Avenue Northeast P.O. Box 9 Albertville, MN 55301-0009 Dear Mayor and Members of the City Council: Enclosed is the Feasibility Report for the above referenced improvement. It includes recommendations, probable costs, and estimated assessments. Please contact me if you have any questions. Sincerely, '4re& Scott D. Hedlund, P.E. Project Engineer djg Enclosure Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer Table of Contents Certification Page Cower Letter Table of Contents Page 1.0 Introduction................................................................................................1 2.0 Feasibility and Recommendations............................................................1 3.0 Traffic Signal Justification.........................................................................1 4.0 Project Improvements.................................................................................2 5.0 Opinion of Probable Cost........................................................................... 3 6.0 Financial Considerations............................................................................3 _ List of Tables Table 1 Summary of Costs........................................................................ 3 Table 2 Financial Summary .....................................................................3 List of Appendices Appendix A Figure 1 Project Location Map Figure 2 Proposed Site Plan Figure 3 Proposed Intersection Geometrics Figure 4 Proposed Assessed Properties Appendix B Traffic Data Signal Warrant Analysis — Existing Traffic Volumes Signal Warrant Analysis — Projected Traffic Volumes Traffic Projections - Proposed Development 2002 CSAH 19/ 5ih Street NE -Traffic Signal Improvements A-ALBEV 0207.00 Albertville, Minnesota Page i � r April 1, 2002 Feasibility Report 2002 CSAH 19/57th Street NE - Traffic Signal Improvements Prepared for the City of Albertville Albertville, Minnesota 1.0 Introduction This report summarizes results of a preliminary engineering study for a permanent traffic control signal system at the intersection of CSAH 19 and 57`h Street NE. This report was initiated by the City Council to maintain safety and facilitate access to commercial and residential development in the area. A new commercial development is being considered in the southeast quadrant of the CSAH 19 and 570' Street NE intersection. The initial phase of the project will include construction of a 50,000 square foot grocery store and 25,250 square feet of retail space. The financial and technical feasibility of the proposed improvement and assessment of benefits are discussed in the report. 2.0 Feasibility and Recommendations The project is necessary to maintain safety, facilitate access, and to minimize intersection delays to motorists traveling to and near the proposed retail center, and thus improve the operation and efficiency of the intersection. The proposed project is feasible, cost effective, and can best be accomplished as proposed. 3.0 Traffic Signal Justification Al2-hour turning movement count at the intersection of CSAH 19 and 57'' Street NE was completed on January ,15, 2002. _Using these existing traffic counts, a Signal Warrant Analysis was completed based on the warrants outlined in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). No warrants were satisfied using these existing traffic volumes. The Signal Warrant Analysis is included in the appendix. 2002 CSAH 19/57h Street NE - Traffic Signal Improvements A-ALBEV 0207.00 Albertville, Minnesota Page 1 Trip generation methodology, along with existing traffic volumes, were used to project hourly traffic volumes after the retail center site is developed. Daily trips, peak hour trips, and associated inbound and outbound splits for the retail center were generated based on rates found in the Institute for Transportation Engineers Trip Generation Manual, 6`h edition. This data was then converted to hourly -generated trips. Then, based on area land uses and standard ITE hourly distribution rates and splits, the hourly trip generation data was combined with existing traffic volumes to determine projected intersection approach volumes. The retail center projected hourly trips are included in the appendix. Based on the methodology stated above, Warrant 1 (Minimum Vehicular Volume), Warrant 6 (Accident Experience), Warrant 8 (Combination of Warrants), Warrant 9 (Four Hour Volumes), and Warrant 11 (Peak Hour Volume) would be met. Thus, the signal can be justified due to meeting MMUTCD signal Warrants 1, 6, 8, 9, and 11. The Signal Warrant Analysis is included in the appendix. Construction of a traffic signal at the intersection of CSAH 19 and 571, _ Street NE is necessary as a result of traffic volumes generated by construction of a 84,250 square foot retail center adjacent to the project intersection. Approach volumes are anticipated to significantly increase as other non -residentially zoned properties adjacent to the project ' intersection develop. The immediate projected traffic conditions necessitate signalized operation of the intersection. Projected traffic volume data indicates that MMUTCD traffic signal Warrants 1, 6, 8, 9, and 11 are satisfied.Thus, it can be concluded that signalized operation and installation of a Permanent Traffic Control Signal System at the intersection is necessary and justified. 4.0 Project Improvements Proposed traffic signal improvements are shown on Figure 3 in Appendix A. Improvements include construction of a new Permanent Traffic Control Signal System and Emergency Vehicle Preemption (EVP) system at the intersection of CSAH 19 and 57`h Street NE. There will be no geometric changes to the intersection at this time. Also, see Figure 3 in Appendix A for the proposed traffic control in the intersection. The proposed signal system will be fully actuated (detection on all approaches). The signal system operation will be 8 phase. The northbound and southbound CSAH 19 approaches will have protected only (green arrow) left -turn phasing. The westbound and eastbound 57`h Street NE approaches will have protected (green arrow) and permitted (green ball) left -turn phasing. All approaches will have cross walks, EVP, and pedestrian indications and push buttons. All traffic 2002 CSAH 191 5Street NE -Traffic Signal Improvements A-ALBEV 0207.00 , Albertville, Minnesota Page 2 and pedestrian signal indications will have LEI} lenses. Initially, the signal will not be interconnected with the other signals on CSAH 19. However, the signal controller will be capable of interconnect operation. 5.0 Opinion of Probable Cost The total project costs are summarized in the following table. Table 1 Summary of Costs Construction $165,000 Contingency $16,500 Engineering $20,000 City Furnished Signal Controller & Cabinet $22,000 City Furnished Source of Power Installation $1,500 Total Project Cost $225,0_00 6.0 Financial Considerations Based on recent discussions between City staff and the retail center developer, it was assumed that 50 percent of the total project costs will be paid for by the City, and the remaining 50 percent assessed to non- residential properties adjacent to the intersection. See Figure 4 in Appendix A for property locations to be assessed. The total assessable area is approximately 35.37 acres. The estimated traffic signal assessment is approximately $3,180 per acre. In summary, the totals are as follows: Table 2 Financial Summary Estimated Estimated Estimated Deferred Estimated Cost Assessment Assessment city Cost $225,000 $112,500 $0 $112,500 2002 CSAH 19/ 57 Street NE - Traffic Signal Improvements A-ALBEV 0207.00 Albertville, Minnesota Page 3 t Appendix A Figure 1 - Project Location Map Figure 2 —Proposed Site Plan Figure 3 -- Proposed Intersection Geometrics Figure 4 — Proposed Assessed Properties — ..v..� ` . �Z.�y �.._--..-.p-€ � F�L.�_—. a .. _ _l. • it — iN0.wPMR LAKE i ' - saw`' 1 - ) ' T.., Q.11 .'.,.,>.' T-•�' � ��y. Lzt�s"\�\• '`•ZJY r �:T�ti "�. ..._.,,-_,�� PROD i r'3 YY �.�` _ -` i --i s_ j rYz•h t•^";,v �"� �T �'." i >�` i �.^... YY ."..d. / i'' -"`-� i. .."_-.s--._ ) ` 9.1 i,yI��.r( Y eH� ..i.s .�}..'1. ...3_..,?J�. `�„-_,.._�° Y" i tom., f ,'�,.x-s•--" �--+. N° R'" ? '- �� i---�.�"-;-•' Y � � i .a { ._..`_' i�i_.. ;- L t ' _"i __..j° :�s C�i t'.` '� 1 -'— E F-=i j - r �.��z-r•�.�as.Lsz"(,,_�i = ! ,.�.:i1.,.�� l EEg FT �.�. :xis �j—• ._- :: ; 77 - J/ ' �T.;� R i a --'--�_ .:. .•__ -- -- - ---- ------'- - s 1 f - '.^a ��T� wxxs..x:+e-.......�.��._.._.._.e �..e k+ r n Y o so 1p F I L E NO- 2002 CSAH 1W 57TH STREET NE .r A—ALBEV0207 TRAFFIC SIGNAL IMPROVEMENTS FIGURE DATE: PROJECT LOCATION MAP NO.1 03/20/02 ALBERTVILLE, MN' --- ------ - --------------------------1--1--------------- I .1 i 1 t FUTURE DEVELOPMENT I + t � + 1 PROPOSED TRAFFIC SIGNAL 1 1 —----------- --� -----t fit,_ ___ i z ill 444+ HfW r--1 Its (} 1 I oil { 1 w�u r / ------ is. 'unm { f` RETAIL ss- 1 v C L---- t 1 1 t (ifllliitlflitliitlfl -A ui I ( W � i � ► 1 1 1 1 a t z HM 1 ' ocr of !I I� 1 I 1 f 1 U uu j LL I I L— — I i C I I 1 I goo n � , Zoo - I i sedr SO tkt � + + I + i &Asa FILE NO. 2002 CSAH IW57TH STREET NE A-ALBEV0207 TRAFFIC SIGNAL IMPROVEMENTS FIGURE DATE: PROPOSED SITE PLAN NO.2 03/20/02 ALBERTVILLE, MN W Q x D LLJ (30` ,L f� ' I � I I� f CASEY'S f f I� -- - 57TH STREET NE 57TH_STREET NE f IIE j( ALBERTVILLE COTTAGES OF f € W f CROSSINGS ALBERTVILLE f `> ` a a I f ( f x� , Q I N „ •; a r Q (/) U 0 30 60 FILE NO- 2002 CSAH 19 57TH STREET NE A—ALBEV0207 TRAFFIC SIGNAL IMPROVEMENTS FIGURE AdNW DATE: PROPOSED INTERSECTION GEOMETRICS N0.3 03/20/02 ALBERTVILLE, MN � �i. � -`3 f� j \` fit""-1€ � 4 { Cli€i€St.I &�T ST.N.E. %f i x.s\' ~�,y x'E�t.,...,- { T •-. "F' =• .€ot}•�f` i' �€ 21 f�• .',,�`� , ! _01AMFROAL PARK' a ,•, ` :.�.� �L_ :__�__.� { v. i4 • i0 S N.E. {. If 2 " # a d r i rs J E Il. tom„ ; _ j rr ,ER:` 14 Cif ...' *i_..�. : F. ._--- L i---' € --'FRa j •{ i :KAA -� : s.:_�.. 151 PROPOSED ASSESSED PROPERTIES o 300 600 ' FILE NO- A—ALBEV0207 2 T 02 CSAH IW 57TH STREET NE FFIC SIGNAL IMPROVEMENTS. ROPOSED ASSESSED PROPERTIES FIGURE N10.4 DATE: �� 03/20/02 ALBERTVILLE, MN Appendix B Traffic Data. nal Warrant Analysis — Existing Traffic Volumes al Warrant Analysis -Projected Traffic Volumes Traffic Projections — Proposed Development r Sh rt Elliot Hendrickson Inc. Allow Transportation Division -St. Paul. MN SIGNAL WARRANTS ANALYSIS - EXISTING TRAFFIC VOLUMES LOCATION e�#ftlPe COUNTY {�rYgfrt . REF. POINT - : Seed Approach De tbn Lanes DATE Major App1 �At=C 19'zz s F 35 Major App35 fg }{1 2 , OPERATOR: a Minor App2 : Q6 St: z f :>: : 38 Minor App4: ..:.8tkr'St :.;: ,.. 0.70 FACTOR USED? Yes POPULATION < 10,000? Fes EXISTING SIGNAL ? No 420/630 105/52 105/52 MAJOR MAJOR TOTAL WARRANT MINOR MINOR WARRANT WARRANT MET SAME HOUR APP. 1 APP. 3 1+3 MET APP. 2 APP. 4 MET APP.2 MET APP. 4 HOURS 0:00 -1:00 0 0 Q 1 0... 0 / ! l 1:00 - 2:00 0 0 0 2:00 - 3:00 0 0 0 3:00-4:00 0 0 0 /:.: fl 4:00 - 5:00 0 0 0 5:00 - 6:00 0 0 0 6:00 - 7:00 0 0 0 7:00 - $:00 2$6 208 494 X/ 13 46 X/X / X/ 8:00 - 9:00 169 189 358 :42 /X 9:00 -10:00 160 159 319 / ....... 10:00 -11:00 164 1$7 351 / 5j^r 27 !X / ! 1 i :00 - i 2a?0 218 209 427 X/ 4r s 43 / ! i 2:00 -13:00 233 221 454 X/ 13:00 -14:00 169 214 383 / 52 ; ... 55 /X /X i 14:00 -15:00 213 249 462 X/7 15:00 -16:00 306 200 -506 X/ /X / 16:00 -17.00 416 330 746 X/X 7 54 /X /X /X 17:00 -18:00 437 369 806 X/X 77:,; 64 /X /X /X 18:00 -19:00 281 318 599 X/ 55F 57 7X /X ! 19:00 - 20:00 0 0 0 20:00 - 21:00 0 0 0 21:00 - 22:00 0 0 0 / 0 22:00 - 23:00 0 0 0 23:00 - 24:00 0 0 1 / 0;> 0 Met (Hr) Required (Hr) Warrant 1 1 8 Not satisfi Warrant 2 2 8 Not satisfied Warrant 6 5 8 Not satisfied Warrant 8 0 8 Not satisfied Warrant 9 0 4 Not satisfied Warrant 11 0 1 Not satisfied LOCATION: Albertville COUNTY: Wright REF. POINT: DATE: 1 /15/02 OPERATOR: tjd 0.70 FACTOR USED? Yes POPULATION < 10,000? Yes EXISTING SIGNAL? No 700 E 600 j a 500 t � =t 400 4) o 300 L L Q Q 200 0 = 100 W Speed Approach Description Lanes 35 Major Appl : SB CSAH 19 2 35 Major App3: NB CSAH 19 2 35 Minor App2: EB 57th St. 1 35 Minor App4: WB 57th St. 1 Warrant 9, Four-hour Volumes — — Warrant 11, Peak -hour VolumeE ■ Actual Hourly Count 400 600 800 1000 1200 1400 1600 1800 Major Street - Total of Both Approaches - VPH Figure 1. Four Hour and Peak Hour Warrant Analysis Note: For data points outside the graph range, check the minor street volume against the lower thresholds Warrant Criteria Major Warrant 9, 1 Warrant 11, 1 200 320 300 265 380 400 215 335 500 170 285 600 130 240 700 100 200 800 80 160 900 65 135 1000 60 110 1100 95 1200 75 1300 75 1400 1500 1600 1700 1800 Actual Hourly Count Major Actual Hourly Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 494 134 358 55 319 51 351 56 427 46 454 46 383 55 462 39 506 60 746 72 806 77 599 57 0 0 0 0 0 0 0 0 1 0 dIF Short Elliot Hendrickson Inc. Transportation Division -St. Paul. MN SIGNAL WARRANTS ANALYSIS -- PROJECTED TRAFFIC VOLUMES LOCATION #►e111e < ...COUNTY '�Ilt REF. POINT Speed Approach Description Lanes DATE Major Appi SB CSAI19 y 2 Major App3 Ng CSAEI 19 2 OPERATOR S5y Minor .._.,..: ...:.:: , App2 E8 51th:St 1 '3 Minor App4 W5 57tti V 0.70 FACTOR USED? Yes POPULATION < 10,000? Yes EXISTING SIGNAL ? m 4ZU/6:5U 105/52 105/52 MAJOR MAJOR TOTAL WARRANT MINOR MINOR WARRANT WARRANT MET SAME HOUR APP. 1 APP. 3 1+3 MET APP. 2 APP. 4 MET APP.2 MET APP. 4 HOURS 0:00 -1:00 0 0 0 1:00 - 2:00 0 0 0 2:00 - 3:00 0 0 0 / 0 .::: 0 3:00 - 4:00 0 0 0 0 4:00-5:00 0 0 0 5:00 - 6:00 0 0 0 600 - 7:00 0 0 0 7:00 - 8:00 301 219 520 w 141 > 79 . `> X/X /X X/ 8:00 - 9:00 190 212 40262 : 93 /X IX / 9:00 -10:00 194 193 387 / 62 : _ f15 iX X/X / 10:00 -11:00 205 234 440 w 70 : 126 /X X/X w 11:00 -12:00 281 269 550 w 59 ;;76 /X X/X w 12:00 -13:00 310 295 605 X/ 61..99 .._..... /X X/X w 13:00 -14:00 238 301 539 w 73 ., ` 235 /X X/X X/ 14:00 -15:00 289 338 627 w 50 220 / xnc w 15:00 -16:00 411 268 679 X/X 81.:; 2i /X X/X X/X 16:00 -17:00 517 410 927 X/X = , 892 /X X/X X/X 17:00 -18:00 544 459 1003 X/X 96 ; /X X/X X/X 18:00 -19:00 375 424 798 X/X 73 : ` 27&.. /X X/X X/X 19:00 - 20:00 0 0 0 20:00 - 21:00 0 0 0 21:00 - 22:00 1 0 0 0 22:00 - 23:00 1 0 1 0 0 / 23:00 - 24:00 1 0 1 0 0 / 0 .':: <; 0 ! / / met (rtr) Hequirea (mr) Warrant 1 10 8 Warrant 2 4 8 Warrant 6 12 8 Warrant 8 9 8 Warrant 9 8 4 Warrant 11 4 1 Satisfied Not satisfied Satisfied, check accident record Satisfied Satisfied Satisfied LOCATION: Albertville COUNTY: Wright REF. POINT: DATE: 1 /15/02 OPERATOR: tjd 0.70 FACTOR USED? Yes POPULATION < 10,000? Yes EXISTING SIGNAL ? No 700 E 600 > a 500 i > 400 1 V a o 300 C. Q 200 O c= 100 C 0 200 Speed Approach Description Lanes 35 Major App1: SB CSAH 19 2 35 Major App3: NB CSAH 19 2 35 Minor App2: EB 57th St. 1 35 Minor App4: WB 57th St. 1 Warrant 9, Four-hour Volumes — — Warrant 11, Peak -hour Volumes ■ Actual Hourly Count rY 400 600 800 1000 1200 1400 1600 1800 Major Street - Total of Both Approaches - VPH Figure 1. Four Hour and Peak Hour Warrant Analysis Note: For data points outside the graph range, check the minor street volume against the lower thresholds Warrant Criteria Major Warrant9, 1 Warrant 11, 1 200 320 300 265 380 400 215 335 500 170 285 600 130 240 700 100 200 800 80 160 900 65 135 1000 60 110 1100 95 1200 75 1300 75 1400 1500 1600 1700 1800 Actual Hourly Count Major Actual Hourly Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520 141 402 93 387 115 440 126 550 176 605 199 539 235 627 220 679 220 927 252 1003 282 798 278 0 0 0 0 0 0 0 0 0 0 .Q a OrrUlldtnNnM t[) COON V, LL) CO1l%000 COdCDO QfM P rh.r01 r r N N cod d d d d d N r T c`i�`°csp`�ovn�rnwrr`ri��ovrn`c�a r T r N T N N N N N r t coPOO�COO — *1-00�0 Nd T MMdad0) nNMN0 et r r r N r N N N N N N r C T T 11 T r r T r T T T T T T r T S 6 ��Ia-C�pOpCCOCCD00�r1* N� T r T .p- t00dcONMCPnM�VMnV �C`n')NO>COtO� r ogo�°�°0 dtC)CO 3�0-0 GO co I— p�goo C.O o Of�If)dN y�yo 0 3°��op3E rr C tt?OON coCd7Md�dd _ wMNOO)Ito to 0) O 0) W C) 0) O> 0> O) O O O O O) O O W O O CO 0 0 0 0 0 0 0 0 0 0 0 0 Cp 0 0 0 m C c y OOOOCOCOCOO�OCDnMddNO)0 r r d e0 n n n co IAA O C'A o n d r r r p0 (R !O- t00 coto CO OetnN M u'>W Wr COaOM NNNNNdOP McocoN� } O �p t+JWal7OdnNm0NNNNNdOnd O tO tO M r 0 o C co —IV Cp co N.t C 0>O>O�rnO>WOfO>tUOornrnOrn WO>O) WO> Co 0 0 0 0 o o o o o 6 0 6 o o 0 0 6 3 C c p �. 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