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2002-04-15 CC Packet(.6 ,5 r� ALBERTVILLE CITY COUNCIL AGENDA April 15, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) April 1, 2002, City Council Meeting 3. CITIZEN FORUM - (lo Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 16073—16111) (b) Approve reduction in the Letter of Credit for the Towne Lakes Addition for site grading from $66,000 to $20,000 5. DEPARTMENT BUSINESS a. Fire Department • None b. Public Works (1) Public Works/Parks Maintenance Report C. << �Z (1) Amended Signage Package — Ashley Furniture (2) Albertville Crossings • Final Plat • Building & Site Review — Coborn's • CUP/PUD • Rezone portion of site from B-2 to B-3 - Ordinance #2002-6 (An Ordinance Changing the Zoning of Certain Land in the City of Albertville, Minnesota • Developer's/Planned Unit Development Agreement/Conditional Use Agreement — Albertville Crossing tS (3) Albertville Business Park • Final Plat • Rezone portion of site from B-2 to B-3 —Ordinance #2002-10 • Developer's/Planned Unit Development Agreement �:Y� (4) Building & Site Plan Review — Welcome Furniture City Council Agenda April 15, 2002 Page 2 of 2 ,q+1 55. (5) Ordinance 2002-7 (An Ordinance Amending the City of Albertville Sign Ordinance) y��"yil�d (6) Ordinance 2002-8 (An Ordinance Amending Section 4905.61 of the Albertville Zoning Ordinance Regarding Commercial Uses in the Shoreland Overlay District) Q Engineering (1) Approve plans & specs and authorize bids for Albert Crossings street project (2) Update Staff transportation meeting with Otsego & St. Michael CU) -Z, e. Legal (Includd der lanning & Zoning items) f. Administration (1) Request for "Children at Play" Signage — Lambert Avenue NE (2) Request from Gregory Zachman for connection to the municipal sewer & water system C p ; �0 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL O&ZV April 1, 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 5c(2) — Developers Agreement for Cedar Creek South 5th • Add Item 5c(3) — Model Home Agreement for Cedar Creek Couth 5th Wallace made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the March 18, 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 requested that Item 4c be removed from the Consent Agenda to be discussed under the Administration Department. Beming made a motion to approve payment of Check #'s 15990 - 16031 as presented. Wallace seconded the motion. All voted aye. Berning made a motion to approve the following annual liquor licenses: • 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 Wallace seconded the motion. All voted aye. Albertville City Council Minutes April 1, 2002 Page 2 of 4 Berning made a motion to approve the annual 3.2 Malt Beverage License for the Albertville Mobil, LLC. Wallace seconded the motion. All voted aye. Berning made a motion to approve a 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. Wallace seconded the motion. All voted aye. Berning made a motion to approve the 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 and to adopt RESOLUTION #2002-10 titles A RESOLUTION APPROVING A ONE -DAY, OFF -SITE GAMBLING LICENSE FOR ST. MICHAEL CATHOLIC CHURCH. Wallace seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #2002-5 titled AN ORDINANCE PROHIBITING GAME HUNTING AND DISCHARGE OF WEAPONS IN THE CITY OF ALBERTVILLE. Wallace seconded the motion. All voted aye. Wallace made a motion to authorize the purchase of a pre -paid gas card for the Fire Department. Vetsch seconded the motion. All voted aye. Berning made a motion to accept the Public Works Department Report as presented. Wallace seconded the motion. All voted aye. Berning made a motion to authorize the purchase of a Flygt 1.3 HP 115V 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 from Electric Pump at a cost of $2,200.00. Wallace seconded the motion. All voted aye. Wallace made a motion to accept the WWTF/Water Department Report as presented. Berning seconded the motion. All voted aye. The Council requested that John Middendorf update the Council on storage facilities for the new generator at the next meeting. Cindy Planner Sherman reviewed the final plat for Kolleville Estates 2nd Addition. The final plat consists of 54 townhome lots in phase two of the Kolleville Estates PUD project. The plat is consistent with the approved preliminary plat and final stage PUD. City Attorney Couri reviewed Conditional Use/Planned Unit Development Agreement for Kolleville Estates 2nd Addition with the Council. Councilmember Berning questioned whether the City should allow parking on both sides of the private streets and whether enough street lights were included in the plat. Mike Leuer, one Albertville City Council Minutes April 1, 2002 Page 3 of 4 of the developers of the project, indicated that he would be agreeable to having parking on only one side of the street in this development. In lieu of additional street lights, Leuer agreed to require that each of the townhome units will be required to have photocell front lighting. The agreement will be amended to include these two items. Vetsch made a motion to approve the final plat of Kolleville Estates 2nd Addition as presented and to approve the Conditional Use/Planned Unit Development Agreement as amended above. Wallace seconded the motion. Olson, Wallace and Vetsch voted aye. Berning voted no. The motion carried. City Planner Sherman reviewed the final state PUD/final plat plans for Cedar Creek South 5th Addition. The request is to plat 23 lots to be served by Karston Court NE, a cul-de-sac served off Karston Avenue NE. The development as proposed is consistent with the approved development stage plan and preliminary plat. City Attorney Couri reviewed the Developer's Agreement for Cedar Creek South 5th Addition. The agreement requires park dedication in the amount of $1,500 per lot, but final calculations will be completed in order to determine total credits and debits on the entire PUD. Wallace made a motion to approve the final stage PUD/final plat for Cedar Creek South 5th Addition and to approve the Developer's Agreement as presented. Berning seconded the motion. All voted aye. Berning made a motion to approve the Model Home Agreement for Cedar Creek South 5th Addition allowing two homes to be started on the Cedar Creek South 5th Addition lots adjacent to the existing Karston Avenue NE. Wallace seconded the motion. All voted aye. City Engineer Pete Carlson presented the Feasibility Study for the traffic signal at the intersection of CSAH 19 and 57th Street. Total project cost is estimated at $225,000. The developer of the Albertville Crossings plat has previously agreed to pay for one-half the costs of the signal. The remaining portion of the costs will be borne by the benefiting properties and the City. Vetsch made a motion to accept the Feasibility Report for the 2002 CSAH 19/57th Street NE Traffic Signal Improvements as presented and to schedule a public hearing on the project on May 6, 2002. Wallace seconded the motion. All voted aye. Carlson presented the Feasibility Study for the frontage road in the Albertville Crossing project. The entire cost will be 100% assessed to the benefiting properties. Wallace made a motion to accept the Feasibility Study with the addition of sidewalks on both sides of the frontage road and to order plans and specs for the project. Berning seconded the motion. All voted aye. Albertville City Council Minutes April 1, 2002 Page 4 of 4 The Council discussed the offer from Darkenwald Real Estate to provide a non-exclusive listing for the City's property. The fee is 10% of the sales price at successful closing. The Council directed the city attorney to prepare a draft form for a one buyer, non-exclusive listing for consideration at the next meeting. The negotiating committee consisting of Councilmembers Wallace and Franklin will meet to discuss sales pricing for the property. The Council agreed to meet jointly with the Councils of St. Michael and Otsego to discuss transportation issues on Monday, April 29th, at 7:00 PM. The Council postponed the public informational meeting on a community center to Wednesday, May 15th, at 7:00 PM. Berning questioned whether resolution #2002-9 is intended to continue year after year. The consensus of the Council is that the scholarship and award amounts will continue annually unless amended by a later Council. Vetsch made a motion to adopt RESOLUTION #2002-9 titled A RESOLUTION ESTABLISHING SCHOLARSHIPS AND AWARDS TO THE 2002 ALBERTVILLE ROYALTY, as amended. Berning seconded the motion. All voted aye. Vetsch made a motion to adjourn at 9:40 PM. Wallace seconded the motion. All voted aye. John Olson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE 04/11/02 2:37 PM age 1 *Check Detail Register© April 2002 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 016073 4/15/02 AFFORDABLE SANITATION, INC E 101-45100-415 Other Equipment Rentals $48.15 203013 Portable Biff Rental -Parks Total AFFORDABLE SANITATION, INC $48.15 Paid Chk# 016074 4/15/02 AFFORDABLE WIRELESS ELK RIVER E 101-41940-399 Miscellaneous $35.00 7 Repair Nextel Phone Total AFFORDABLE WIRELESS ELK RIVER $35.00 Paid Chk# 016075 4/15/02 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $54.38 March 2002 Parks Uniform Rental E 101-43100-417 Uniform Rentals $54.38 March 2002 PW Uniform Rental E 602-49400-417 Uniform Rentals $54.38 March 2002 Water Uniform Rental E 601-49450-417 Uniform Rentals $54.38 March 2002 WWTF Uniform Rental Total ARAMARK UNIFORM SERVICES $217.52 Paid Chk# 016076 4/15/02 CARQUEST E 101-43100-212 Motor Fuels $37.56 211427 PW Motor Fuels E 101-42000-200 Office Supplies (GENERAL) $115.42 212305 Fire Dept. Supplies E 101-43100-404 Repair/Maint - Machinery/Equip $87.56 Multiple PW Repair Mach Total CARQUEST $240.54 Paid Chk# 016077 4/15/02 CLASSIC CUSTOM HOMES R 101-34000 Charges for Services $75.00 13848 6511 W. Laketown Drive G 101-22800 Landscaping Escrow $2,750.00 13848 Reimburse Escrow Total CLASSIC CUSTOM HOMES $2,825.00 Paid Chk# 016078 4/15/02 CONSTRUCTION BULLETIN E 101-41100-351 Legal Notices Publishing $134.94 2005166 2002 NW Comm.Park E 101-41100-351 Legal Notices Publishing $134.94 2010850 Advertise for Bids Total CONSTRUCTION BULLETIN $269.88 Paid Chk# 016079 4/15/02 DANKO EMERGENCY EQUIPMENT E 101-42000-200 Office Supplies (GENERAL) $21.45 061006 LION MICTAB Supplies Total DANKO EMERGENCY EQUIPMENT $21.45 Paid Chk# 016080 4/15/02 DENNY'S SMALL ENGINE/CHAIN SAW E 101-42000-404 Repair/Maint - Machinery/Equip $54.00 4138 Repair Still Pamener Saw Total DENNY'S SMALL ENGINE/CHAIN SAW $54.00 Paid Chk# 016081 4/15/02 DJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $34.41 March 2002 Fire Dept Fire Supplies E 101-42000-200 Office Supplies (GENERAL) $34.86 March 2002 Fire Dept. Supplies E 602-49400-210 Operating Supplies (GENERAL) $36.87 March 2002 Misc. Operating Supplies E 101-41940-399 Miscellaneous $82.94 March 2002 Misc Bldg. Supplies E 101-43100-215 Shop Supplies $143.78 March 2002 Misc. Shop Supplies Total DJ'S TOTAL HOME CARE CENTER $332.86 Paid Chk# 016082 4/15/02 DON'S AUTO & REPAIR E 101-43100-212 Motor Fuels E 601-49450-212 Motor Fuels Total DON'S AUTO & REPAIR $23.00 March 2002 PW Motor Fuels $61.28 March 2002 WWTF Motor Fuels W.Zu Paid Chk# 016083 4/15/02 EMERGENCY MEDICAL PRODUCTS E 101-42000-490 Donations to Civic Org's $229.50 420022107. Fire Dept. Medical Supplies Total EMERGENCY MEDICAL PRODUCTS $229.50 Paid Chk# 016084 4/15/02 FEHN GRAVEL & EXCAVATING CITY OF ALBERTVILLE 04/11/02 2:37 PM Page 2 *Check Detail Register@ April 2002 Check Amt Invoice Comment E 101-43100-222 Sand & Gravel $210.00 6192 Truck - Haul Salt Total FEHN GRAVEL & EXCAVATING $210.00 Paid Chk# 016085 4/15/02 GRIDOR CONSTRUCTION E 460-49450-310 Other Professional Services $13,486.00 Payment #16 WWTP Modifications Total GRIDOR CONSTRUCTION $13,486.00 Paid Chk# 016086 4/15/02 J & T ENTERPRISE E 101-41940-399 Miscellaneous $47.92 1817 Cleaning Supplies Total J & T ENTERPRISE $47.92 Paid Chk# 016087 4/15/02 J-CRAFT, INC. \ E 101-43100-404 Repair/Maint - Machinery/Equip $557.90 29358 Repair of Equipment Total J-CRAFT, INC. $557.90 Paid Chk# 016088 4/15/02 KENNEDY & GRAVEN E 456-49000-310 Other Professional Services $359.40 AL141-00035 Competitive Franchise E 456-49000-310 Other Professional Services $693.80 AL141-00035 F Competitive Franchise Total KENNEDY & GRAVEN $1,053.20 Paid Chk# 016089 4/15/02 __ KIRSCAT, PAUL R 101-32210 Building Permits $1,100.00 411462 Bldg Dept. - Drafting Table Total KIRSCAT, PAUL $1,100.00 Paid Chk# 016090 4/15/02 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $376.02 March 2002 Public Hearing Notices Total LARSON PUBLICATIONS $376.02 Paid Chk# 016091 4/15/02 MEGA HOMES R 101-34000 Charges for Services $75.00 13854 6493 W.Laketowne Drive G 101-22800 Landscaping Escrow $2,750.00 13854 6493 W.Laketowne Drive Total MEGA HOMES $2,825.00 Paid Chk# 016092 4/15l02 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $116.00 124300 Testing Expenses E 601-49450-218 Testing Expenses $116.00 124436 Testing Expenses E 601-49450-218 Testing Expenses $156.00 124591 Testing Expenses Total MIDWEST ANALYTICAL SERVICES $388.00 Paid Chk# 016093 4/15/02 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $109.79 March 2002 Copy Machine Maintenance Total MINNESOTA COPY SYSTEMS $109.79 Paid Chk# 016094 4/15/02 MINNESOTA PLAYGROUND, INC. R 101-36200 Donations $807.27 2002058 Benches/Bleachers for new Park Total MINNESOTA PLAYGROUND, INC. $807,27 Paid Chk# 016095 4/15/02 NORTHERN TOOL & EQUIPMENT E 101-42000-200 Office Supplies (GENERAL) $51.09 6044913 Fire Dept. Supplies Total NORTHERN TOOL & EQUIPMENT $51.09 Paid Chk# 0 66096 4/15/02 NORTHWEST ASSOCIATED CONSULTAN E 101-41910-306 Planning Fees $456.06 10754 Technical Asst.City Projects E 101-41910-306 Planning Fees $861.25 10755 Cobom's Site Plan E 101-41910-306 Planning Fees $7.75 10755 Darkenwald Final Plat E 101-41910-306 Planning Fees $23.25 10755 JMJ Phase III E 101-41910-306 Planning Fees $31.00 10755 Welcome Furniture E 101-41910-306 Planning Fees $85.25 10755 Ashley Furniture CITY OF ALBERTVILLE 04/11/02 2:37 PM Page 3 *Check Detail Register© April 2002 Check Amt Invoice Comment E 456-49000-306 Planning Fees $85.25 10755 Towne Lakes-Vetsch Property E 440-49000-306 Planning Fees $106.60 10755 Casey's CUP/Site Plan E 438-49000-306 Planning Fees $341.00 10755 CC So. 5th E 101-41910-306 Planning Fees $500.00 10756 General Services March 2002 Total NORTHWEST ASSOCIATED CONSULTAN $2,497.41 Paid Chk# 016097 4/15/02 PAT'S 66 E 601-49450-212 Motor Fuels $25.91 March 2002 WWTF Motor Fuels E 101-42000-212 Motor Fuels $31.95 March 2002 Fire Dept. Motor Fuels R 101-32210 Building Permits $46.77 March 2002 Bldg. Dept. Motor Fuels E 101-43100-212 Motor Fuels $240.29 March 2002 PW Motor Fuels Total PATS 66 $344.92 Paid Chk# 016098 4/15102 RELIANT ENERGY/MINNEGASCO E 101-41940-383 Gas Utilities $343.45 March 2002 City Hall Utilities -Gas Total RELIANT ENERGY/MINNEGASCO $343.45 Paid Chk# 016099 4/15/02 SCHARBER & SONS E 101-45100-404 Repair/Maint - Machinery/Equip $4.03 266097 Parts for the John Deere Total SCHARBER & SONS $4.03 -Paid Chk# 016100 4/15/02 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint -Buildings $50.96 March 2002 Security System @ Fire Hall E 101-45100-405 Repair/Maint - Buildings $76.46 March 2002 Security System @ City Park Total SENTRY SYSTEMS, INC. $127.42 Paid Chk# 016101 4/15/02 SPRINT -MO E 101-41940-321 E 101-41940-321 E 101-41940-321 E 101-41940-321 E 101-41940-321 E 101-42000-321 E 101-42000-321 E 101-43100-321 E 101-41940-321 E 601-49450-321 E 101-45100-321 E 601-49450-321 Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Total SPRINT -MO Paid Chk# 016102 4/15/02 SUNRISE PLUMBING $42.15 March 2002 $124.94 March 2002 $67.68 March 2002 $53.06 March 2002 $51.06 March 2002 $44.01 March 2002 $44.01 March 2002 $42.15 March 2002 $42.15 March 2002 $31.12 March 2002 $27.05 March 2002 $42.15 March 2002 $611.53 City Hall - Fax Line Taxes & Surcharges City Hall - Main Phone City Hall - Second Line City Hall - Third Line Fire Dept - Phone Line Fire Dept - Fax Line Public Works - Phone City Hall - Internet Service WWTF Phone City Park Phone Public Works - Fax E 101-41940-405 Repair/Maint -Buildings $159.00 6743 Repair City Hall Sewer/Plbg. E 101-42000-405 Repair/Maint -Buildings $85.00 6747 Repair/Mntc. Fire Hall Total SUNRISE PLUMBING $244.00 Paid Chk# 016103 4115/02 UNLIMITED ELECTRIC E 101-43100-405 Repair/Maint - Buildings $495.00 390 Repair Outlets @ PW Garage Total UNLIMITED ELECTRIC $495.00 Paid Chk# 016104 4/15102 VIKING SEWER & DRAIN CLEANING E 101-41940-405 Repair/Maint - Buildings $175.00 8733 Repair Sewer Line @ City Hall E 101-41940-405 Repair/Maint - Buildings $310.00 8795 Video Sewer Line -Find Problem Total VIKING SEWER & DRAIN CLEANING $485.00 Paid Chk# 016105 4/15/02 VIKING TROPHIES, INC. E 101-42000-200 Office Supplies (GENERAL) $69.76 57799 Fire Dept. - Name Plates CITY OF ALBERTVILLE 04/11/02 2:37 PM ` Page 4 *Check Detail Register© April 2002 Check Amt Invoice Comment Total VIKING TROPHIES, INC. $69.76 Paid Chk# 016106 4/15/02 WEBER OIL COMPANY E 601-49450-404 Repair/Maint - Machinery/Equip $309.51 43112 WWTF Repair/Mntc. E 101-43100-212 Motor Fuels $340.32 43119 PW Motor Fuels Total WEBER OIL COMPANY $649.83 Paid Chk# 016107 4/15/02 WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities $41.92 April 2002 Street Lighting Total WRIGHT HENNEPIN ELECTRIC $41.92 Paid Chk# 016108 4/15/02 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $2,849.00 March 2002 March Recycling Service Total WRIGHT RECYCLING $2,849.00 Paid Chk# 016109 4/15/02 XCEL ENERGY E 601-49450-381 E 101-43200-308 E 601-49450-381 E 101-45100-381 E 101-42000-381 E 101-41940-381 E 101-43100-381 E 101-45100-381 E 101-43160-381 E 101-41940-381 E 601-49450-381 E 101-45100-381 E 101-41940-381 E 101-41940-381 E 601-49450-381 E 101-45100-381 Electric Utilities Recycling Contract Fee Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Total XCEL ENERGY Paid Chk# 016111 4115/02 ZONING BULLETIN $13.17 March 2002 $3,587.49 March 2002 $1,427.49 March 2002 $241.44 March 2002 $223.45 March 2002 $219.83 March 2002 $97.17 March 2002 $22.88 March 2002 $21.92 March 2002 $20.42 March 2002 $15.90 March 2002 $7.38 March 2002 $3.77 March 2002 $3.14 March 2002 ($13.60) March 2002 $19.00 March 2002 $5,910.85 Kaiser Ave - Lift Station Street Lights - Lighting Sewage Plant - Electric Skating Rink/Ballfield Fire Hall - Electric City Hall PW Garage - Electric Park Shelter - 51 st Street 61 st St. Lift Station LaBeaux Parking Area CR 18 Lift Station Park Shelter-58th St. Civil Defense Siren Civil Defense Siren 52nd St. Lift Station (CR) 6002 Main Ave -Electric R 101-32210 Building Permits $92.00 2002-Sub Zoning Bulletin Subscription Total ZONING BULLETIN $92.00 10100 Security State Bank $40,136.49 FILTER: None i� 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 320.229.4301 FAX TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: April 6, 2002 RE: Letter of Credit Reduction Towne Lakes Addition Albertville, Minnesota SEH No. A-ALBEV0009.00 14 As part of the grading agreement, Contractor Property Developers Company has provided the City of Albertville a $66,000 letter of credit for the site grading. I have inspected the site and recommend that the letter of credit be reduced to no less than $20,000. Please call me if you have any questions. c: Mike Couri, City Attorney Cindy Sherman, City Planner Dave Hempel, CPDC g;\sccv\pers\cazlsonVetterofcredit.doc Short Elliott Hendrickson Inc. • Your Trusted Resource 0 Equal Opportunity Employer 54(1) CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: April 12, 2002 SUBJECT: Public Works/Parks Maintenance Report PARKS MAINTENANCE — We have installed all of the tennis and volleyball nets. Repaired the basket ball nets, too. I will be attending a skateboard 101 class on May 1st. I have asked LeRoy to attend. If anyone else would like to attend let Tim Guimont know. I will also be checking out skate board parks in and around the area to get feed back from other City employees. The portable restrooms in the parks should be installed by April 15th. STREETS DEPARTMENT — We have been filling potholes and doing some yard repairs. The streets are scheduled to be swept the week of April 15th. If that happens we will begin cracksealing the following week. FOR YOUR INFORMATION I have checked the drain file that we installed last year and it all seems to be working well. TG:bmm Bridget's computer C:\My DocumentsTublic Works Reports12002 Reports\PW-PR Report 04-12-02.doc Recommendation The Planning Commission reviewed this request and they recommend approval of the sign plan as proposed subject to the following conditions: 1. A sign permit is required for the installation of the signs. 2. No other signs are permitted on the site. r. in park fees to be paid prior to recording the final plat. Additional fees, at the rate in effect at the time of final plat, will be required if the outlots are platted for development. Zoning for the site is split. Lots 1, 2, 3, outlot B and the southerly portion of outlot A are all zoned B-2. The northerly one half of outlot A is zoned B-3. The underlying districts will generally be used for analysis of the site design although the PUD/CUP allows flexibility from the dimensional regulations. The request includes rezoning of lot 1 to B-3 to allow gas sales on the site. Site Plan Review Lot Area. Setback. Height and Coverage Requirements District B-3 Required B-2 Required Proposed - Proposed - Coborn's Center Lot Area None 10,000 6.12 acres 4.14 acres Lot Width 100 100 feet 687+ feet 420+ feet Setbacks Front 35 feet 35 feet 110 feet 235 feet Side 20 or 35 feet 20 feet 40 feet 45 feet Rear 20 or 35 feet 20 feet 115+ feet 29 feet Building Height 35 feet 35 feet 28 feet 26 feet Maximum Maximum Lot coverage for 30% of lot 30% of lot 18.75% 14% Structures area area The proposed improvements are in compliance with all lot area, width, setback, height, and lot coverage requirements. Site Uses: The uses on the site are generally proposed to be retail sales and service. The Coborn's facility includes the main grocery store with accessory uses to include liquor sales, gas/convenience, video rental, optical and pharmacy. The shopping center may include retail sales; service, such as hair or nail salons; take out food or restaurant, etc. All of the uses are permitted under the existing zoning except the gas sales. Lot 1, Block 1 requires rezoning to B-3 to allow the gas sales that are proposed. The applicant has shown gas sales on their concept plan and on this plan. If the site is rezoned then the gas sales would be included in the PUD/CUP. Site Access: There are two accesses shown onto the property from 57th St. and two off of the frontage road proposed with the development. All accesses shall conform to any recommendations of the City Engineer. K square feet except as outlined on the plans Height 35 feet 12 feet Winches *As outlots are platted, additional monument signs will be added. There is also signage proposed on the canopy over the gas islands. This sign area will not be illuminated. Exterior Storage: The trash area is shown adjacent to the building for Coborn's with two locations next to the drive aisle on the rear of the shopping center. All will be enclosed and will be constructed of materials to match the building. Grading/Drainage/Utilities: The final plans are subject to the review and approval of the City Engineer. Landscaping Plan: A detailed landscaping plan has been submitted that provides a variety of trees and shrubs and does a good job of enhancing the screening of the large berm on the rear of the store. Financial security to guarantee the installation and survivability of the improvements shall be provided as required by ordinance. Lighting: A lighting plan has been submitted that shows using shoebox style fixtures with one to four heads per pole in the parking lot. The plan shows wall pack units on the rear and sides of the buildings. The lights proposed on the building need to be modified to have a shielded light source in order to prevent glare to adjacent residential uses. Street lighting will be required and the layout is subject to the review and approval of the City Engineer. Fire Dept. review: Comments will be provided as they are received. RECOMMENDATION The Planning Commission reviewed this request and they recommend approval of the Rezoning, Final Plat, Site and Building Plans and PUD/CUP with the following conditions: 1. The City Attorney shall draft a PUD/CUP agreement for City Council approval outlining the conditions of approval and development allowed on the site. 2. Park dedication shall be a cash fee in lieu of land and shall be paid prior to recording the final plat for the buildable lots. Future platting of buildable lots will require additional dedication paid at the rate in effect at the time of the plat. 3. Approval of gas sales is subject to Lot 1, Block 1 being rezoned to B-3 and the CUP/PUD shall include gas sales. 4. Access, grading, drainage and utility plans are subject to the review and approval of the City Engineer. 4 CITY OF ALBERTVILLE 4-15-02 City Council Findings of Fact & Decision Preliminary and Final Plat Site & Building Plan Rezoning Applicant's Name: OPPIDAN INVESTMENT COMPANY AND CASCADE LAND COMPANY Request: The applicants have submitted a final plat for a commercial subdivision to be known as Albertville Crossing. The subject site is approximately 22 acres in size and is located southeast of the intersection of County Road 19 and 57 h Street. The subject site is zoned B-2, General Business and B-3, Highway Commercial. Planning Commission Public Hearing Date: March 12 and April 9, 2002 City Council Meeting Date: March 15 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A. B. The Planning Report dated April 10, 2002 prepared by NAC is incorporated herein. C. Comments from the City Engineer are incorporated herein. D. The Planning Commission Recommendation for the application is incorporated herein. E. The City Council finds the preliminary plat acceptable for the subdivision of the 22+ acre site into three commercial lots, three outlots and road right-of-way. 1 Albertville Crossing Findings of Fact & Decision Attest: City of Albertville M John A. Olson, Mayor Linda Goeb, City Administrator 3 Albertville Crossing Findings of Fact & Decision EXHIBIT A LEGAL DESCRIPTION Outlot B, Park View Place, according to the plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. 4 Albertville Crossing Findings of Fact & Decision CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2002 - 6 AN ORDINANCE CHANGING THE ZONING OF CERTAIN LAND IN THE CITY OF ALBERTVILLE, MINNESOTA THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA HEREBY ORDAINS: SECTION 1. The property to be legally described as Lot 1, Block 1 Albertville Crossing upon recording of the plat is hereby zoned from B-2, Limited Business to B-3, General Business. SECTION 2. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 15'h day of April 2002. CITY OF ALBERTVILLE i� John A. Olson, Mayor ATTEST: Linda Goeb, City Administrator DEVELOPER'S\PLANNED UNIT DEVELOPMENT AGREEMENT\' CONDITIONAL USE AGREEMENT Albertville Crossing THIS AGREEMENT, entered into this day of April, 2002 by and between Cascade II, LLC, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City" all of which are collectively referred to herein as "the Parties"; WITNESSETH: 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 "Albertville Crossing". The real property described in Exhibit A shall hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Albertville Crossing contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, curb and gutter, grading, sanitary sewer, municipal water, and storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be financed by Developer; and 1 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, storm water ponding, municipal water, sanitary sewers, storm sewers, drainage swales, 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 agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. 1. Construction of Municipal Improvements. A. The Developer has petitioned the City to construct and install the Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albertville Crossings, as prepared by ., dated , 2002 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers. The City may contract with one or more contractors to install said Municipal Improvements and storm water pond and specially assess the cost of said Municipal Improvements to Developer. Developer has agreed to be assessed for 100% of the cost of said Municipal Improvements and storm water ponding (said costs estimated to be $465,481.00), and hereby waives the right to appeal $465,481.00 of such assessment to the Wright County District Court pursuant to Minn. Stat. §`429.081. All such improvements shall be constructed according to the standards adopted by the City,along with all items required by the City Engineer. B. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 2 2. Installation of Traffic Signal. Developer acknowledges that the development of Said Plat will necessitate the installation of a 4-way stop light (red, yellow and green) system at the intersection of Wright County Highway 19 and 57`" Street. Developer agrees that the City shall install said traffic signal and Developer shall pay the City one half of the cost of the installation of said traffic signal, said cost to include all applicable construction, engineering, legal, fiscal and administrative costs incurred by the City. Developer shall pay the City said costs within 30 days of billing by the City. 3.Construction of On- and Off -Site Improvements. A. 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: is Electrical power supply, to be provided by Xcel Energy or other such carrier; I Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. B. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. C. Notwithstanding the requirements of subparagraph 3A above, the Developer or its successor shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) 3 is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. D. All storm water retention/water quality ponds and basins on Said Plat shall be maintained by the Developer. Developer shall establish shareddrainage easements for all lots which shall drain into a common pond. Said easements must meet the approval of the City Attorney and shall be recorded on the property records of the affected lots. Developer shall provide the City with perpetual drainage easements over such ponds and the City shall have the right, although not the obligation, to maintain such ponds if the Developer fails to do so. In such event, Developer authorizes the City to specially assess any or all numbered lots on Said Plat for all costs incurred by the City in maintaining said ponds, and Developer waives the right to appeal such assessment to the Wright County District Court pursuant to Minn. Stat. § 429.081. E. All said Improvements shall be installed at Developer's expense. If the City determines that it is necessary to have the City Engineer or other inspector on site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs incurred by the City. F. Upon sale of a -lot in Said Plat to a third party, Cascade II, LLC's obligation to perform the requirements of paragraphs 2.A, 2.0 and 2.D. with respect to such sold lot shall cease, but the new owner of such lot shall remain bound by the obligations of said paragraphs. 4. Surely 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 $ representing the sum of 100% of the estimated cost of the Municipal Improvements ($465,481.00), Developer's share of the installation of the traffic signal attributable to this plat ($ ) and 150% of the estimated cost for landscaping/screening materials ($135,000.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site 4 improvements, 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, 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 deficientin amount to pay or `reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081, to the extent of the costs identified in this agreement. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 5 5. Surety Release. A. Periodically, as payments are made by the Developer on the special assessments related to the cost of the Municipal Improvements, and/or as Landscaping Improvements are installed, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the special assessments which have been paid or the Landscaping Improvements which have been fully completed. 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 special assessments related to the Municipal Improvements or when the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed or special assessment so paid, except that the City shall retain the letter of credit or surety in the amount of 25% of the estimated landscaping' costs for two years from the time of the installation of said landscaping materials. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Construction of On and Off -Site Improvements. A. Developer shall construct all on and off -site improvements 'including installation of boulevards, yard top soil, sod and seed in all lots, grading control per lot, bituminous or concrete driveways, storm water ponding, 6 municipal _water, sanitary sewers, storm sewers, drainage swales, private streets, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance including those items shown on the Utility Plan (attached hereto as Exhibit B) and the Grading Plan (attached hereto as Exhibit Q. All such improvements shall be constructed according to the plans and specifications dated as prepared by Wolfgrarm/Knutson Architects, Ltd., and according to the standards adopted by the City, along with all items required by the City Engineer and/or City Planner. Unless the City Engineer specifies a later date, said improvements shall be installed no later than October 31, 2002, with the exception of erosion control, which shall be installed immediately upon initial grading of Said Plat, and with the exception of the final layer of bituminous pavement on the parking lot, which may be placed no later than June 30, 2003. B. All said Improvements shall be installed at Developer's expense. If the City determines that it is necessary to have the City Engineer or other inspector on site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs incurred by the City. C. Notwithstanding the requirements of subparagraph 4A above, prior to the issuance of a certificate of occupancy for a building on any given lot in Said Plat, Developer shall have installed to the City's satisfaction said on- and off - site improvements on the lot. 7. Use of Property. Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until fixrther modified or amended by rezoning or other amendment of the planned unit development/conditional use permit by the City Council: A. Except as otherwise set forth in this Agreement, the provisions of the City's B-2 zoning district (as amended from time to time) shall apply to Lots 1, 2, 3, Outlot B and the southerly one half of Outlot A of Said Plat. The provisions of the City's B-3 zoning district (as amended from time to time) shall apply to the northerly one half of Outlot A of Said Plata B. Developer shall construct one building on Lot 1, Block l of Said Plat in substantially the same size, shape, location and of substantially the same materials as shown on the attached Exhibit F, and Developer shall construct all parking and other improvements shown on said Exhibit F. Developer shall utilize said building as a grocery store, and may utilize portions of the building for off sale liquor sales (pursuant to a valid off -sale liquor license, which 7 Developer must obtain), video store and convenience store, provided said liquor, video and convenience uses do not exceed 35% of the building square footage. Developer may, at its discretion, expand the said building consistent with the proposed expansion plans shown on the attached Exhibit F, provided said expansion is utilized for grocery uses. C. Developer may also utilize a portion of said building on Lot 1, Block 1 of Said Plat for gasoline sales pursuant to the conditional use granted herein, provided Developer configures its gasoline sales equipment in substantially the same location, size and shape as shown on the attached Exhibit F. D. Developer may construct a building on Lot 2, Block 1, of Said Plat in substantially the same size, shape, and location and of substantially the same materials as shown on the attached Exhibit F, and Developer shall construct all parking and other improvements shown on said Exhibit F E. The Developer may erect signage and monuments (ground signs) consistent with those shown on the attached Exhibit D and in the locations as shown on the attached Exhibit F. Gas pump canopy signs shall not be illuminated. No signage shall be permitted on the east wall or south walls of the buildings. F. Lighting on Said Plat shall be turned off or reduced to the necessary minimum when the businesses are closed. G. Developer shall designate crosswalks to accommodate pedestrians going from the parking lots to the stores located on Said Plat. H. Developer shall establish an access, drainage and utility easement agreement providing for access to all lots on Said Plat (including outlots) over the private roadways shown on Exhibit E and providing for the maintenance of utilities and ponding consistent with the Utility Plan and Grading, Drainage and Erosion Control Plan in areas described on Exhibits B and C, respectively. Said easement must meet the approval of the City Attorney and be recorded on the property records of Lots 1, 2 and 3, Block 1 and Outlof B of Said Plat at the Wright County Recorder's Office. I. Developer shall install landscaping in accordance with the plan attached hereto as Exhibit G. All improvements required to be installed under this paragraph shall be installed at Developer's expense. Developer shall guarantee that all such landscaping shall survive for at least two years, and Developer shall replace any landscaping which dies during said two-year period. 8 J. Prior to the issuance of a building permit for any buildings on Lots 2 or 3, Block 1 of Said Plat, Developer shall submit a site plan, landscape plan, lighting plan, and signage plan acceptable to the City for each lot to be built upon, and, upon issuance of the building permit, shall adhere to such approved site plan, landscape plan, lighting plan and signage plan. All improvements required to be installed under this paragraph shall be installed at Developer's expense. K. In the event the Developer operates a restaurant on any lots in Said Plat, the City may require Developer to install and operate odor control scrubbers with the restaurant uses: L. Developer shall have two accesses onto the property from 57tn Street and two off of the frontage road as shown on Exhibit F. All accesses shall be constructed according to the plans and specifications dated as prepared by Wolfgram/Knutson Architects, Ltd. as shown on Exhibit F and according to the standards adopted by the City, along with all items required by the City Engineer and/or City Planner. 8. Maintenance of Streets, Utilities and Pondim. A. With the exception of Frontage Avenue (which shall be dedicated as a public street), the streets, curb, gutter, municipal water, sanitary sewer, storm sewer, and ponds in Said Plat shall remain private and the cost of maintenance of these items must be borne by the lots in Said Plat in accordance with the terms of the Maintenance Agreement attached as Exhibit E to this Agreement. B. The City shall have the right to enter upon all easement areas at any time for inspection and maintenance purposes. 9. 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 assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the 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 9 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 withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 10. Developer to Pay City's Costs and Expenses. It is understood and agreed that the ; Developer will reimburse the City for all reasonable administrative, legal; planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonableengineering expenses incurred by the City in approving and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. Developer has the right to request time sheets or work records to verify said billing prior to payment. 11. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control' Plan shall be strictly complied with as set forth in the attached Exhibit C, and as required by City ordinance. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 12. 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. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have ten (10) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the " satisfaction of the City Council, provided, however, that Developer shall immediately cleanup or repair any public property damage deemed by the City Engineer to be an imminent safety hazard or an imminent cause of pollution or water quality degradation. In the event that Developer fails to so clean up, 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) 10 days, funds sufficient to pay the bill may be taken from the Tax Increment otherwise due the Developer and/or specially assessed against any or all lots within Said Plat. 13. 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 onto accomplish any necessary work pursuant to this Agreement. 14. 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 Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties during construction of improvements on Said Plat. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. 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. 11 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 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. If required by the City Fire Chief, the owner of any lot in Said Plat on which a building is proposed to be constructed shall provide the City Fire Chief with a detailed analysis of the proposed building's compliance with the fire code then in force in the City, or, at the election of the City Fire Chief, said owner shall pay the reasonable cost of such an analysis if performed by or for the City. K. Developer shall guarantee all new plantings required as part of any landscape plan shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. L. 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. 15. 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 12 certification of completion by the City Engineer, shall make the following dedications to the City: 1. Developer shall dedicate drainage and utility easements to the City over, under and across all drainage ponds located in Said Plat as the same are identified on the attached Exhibit B. 2. Developer shall dedicate to the City all utility easements shown on Said Plat. B. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay $5000 per acre for all lots developed as numbered lots. Said Plat consists of 11.54 acres of numbered lots. ` Therefore, Developer shall pay the City a cash payment totaling $57,700. At such time as Developer replats Outlots A and C into numbered lots, the Developer shall pay the City park dedication amounts due for such lots under the applicable ordinance in effect at the time of such replatting. 16. Indemnity. A. Developer shall hold the City and its officers, employees and agents harmless from claims made by Developer and Third Parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers, employees and agents fo; all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. B. Upon sale of a lot in Said Plat to a third party, Cascade II, LLC's obligation to Indemnify under paragraph 16.A. above with respect to such sold lot shall cease, but the new owner of such lot shall remain bound by the obligations of said paragraph 16.A, unless the City has provided Developer notice of default prior to said sale and said default remains uncured, in which case Developer's obligation to indemnify shall not be released until said default is cured and all costs incurred by the City related to said default have been indemnified. 17. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 13 18. Agreement Effect. 1 This agreement shall be binding upon and extend to the representatives, heir$, successor and assigns of the parties hereto. 19. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) da s mailed notice thereof (via certified mail), and if such default is not cured vithin said thirty (30) day period, the City is hereby granted the right and the Orivilege 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 ru� from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement,.plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs �ncurred upon default against the properties in Said Plat pursuant to the terms or this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 17(A) above, in the event that a default by Developer will reasonably result in irreparable hair n to the environment or to public property, or result in an imminent and, serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as �oon as is practicable of the default, the projected irreparable harm or safet� hazard, and the intended actions of the City to remedy said harm. C. , Breach of any of the terms of this Contract by the Developer shall be grounds for denial" of building permits and/or occupancy permits until said breach is remedied. 20. Phased Development. I�the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve 1 plats of subsequent phases until publicimprovements for all prior phases have been sa isfactorily completed. Development of subsequent phases may not proceed until Develor ment Contracts for such phases are approved by the City. Approval of this phase oflthe Development shall not be construed as approval of future phases nor shall approval lof this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive 14 i 1 1 Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 21. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 22. 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. 23. 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. 24. 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. 25. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Albertville Crossing, LLC 26. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, 15 By John Olson Its Mayor By Linda Goeb Its City Administrator ALBERTVILLE CROSSING, LLC By Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT The 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 CityCouncil. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 2002, by Linda Goeb, as City 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 16 STATE OF MINNFSOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2002, by as of Albertville Crossing, LLC. Notary Public 3 17 EXIiIBIT A The legal description of the property which is the subject of this Developer's Agreement is as follows: Lots 1, 2 and 3, Block l Outlots A. B and G Albertville Crossing, according to the plat of record on file in the Wright County Recorder's' Office, Wright County, Minnesota. 18 EXHIBIT B Utility Plan Exhibit C Grading, Drainage and Erosion Control Plan Exhibit D Signage and Monument Plan Exhibit E Access, Drainage and Utility Easement And Maintenance Agreement Exhibit F Site Plan and Elevations Exhibit G Landscaping Plan 19 W - - - - - - - - - - - ---------1----------------------I--- >9 AB AUX "AVE. NE)------ 1 I1 I I FRONTAGE A.LIENVE11 Tiff I j I -s M 1 M f R' 1'-------_-J C .. _ _ I mrrmrrmrrn -� _4 ( I =a »AC i N N =A Hll 1 I 1 , <i, A Tom` N t I I j I j 0 F a ALBERTVILLE CROSSING John Oliver d Assoc%tes, kw. ' - Dp ° �.p..a DATE: 1,51, ",E° wN-M.••..t.., a..a a,.a..x•., s..a .»..,,�.. M �,.yal.� m..a ww.d..�m ocs�cN er: rcE $ ABLERTVILLE MN sn by b — Ramses ur�Nrt FOR-ui-'sarsi`W—Wur aea-�i°e1-sees aiwn.,ao.�• a a» suu. m ft.ru OPPIDAN INVESTMENT COMPANY - ,'Q_� ?701-�M j eaju.. w se Ai— a—Ww. e CTI\ PRELIMINARY UTILITY PLAN '^°'°"`^'"u""""'°T' aoe. — Deu: X Rp. W. iRE NW aaef_30-03 ae i z z t--------- -- —-------1------------- --------I-- A AUX AVE. NE ----- 60SM. 1 I FRONTAGE AVENUE LI i a f i xel ! off M�\� i ! I t E -, TIMITMITMC'' _,. '. t ! ° i F - I y y _ i Iaar ! i r• ! I I p j Q} • 1 i I i I 1 t�i i t J 4YE d06.,)y —y Y Y.� -- E9•� 11„£09CA��: �.. ! � I 3 I p r ;CIE gg \N ALBERTVILLE CROSSING John Ogver 8 Aasodates 6 'hopoy "°' I"" wrc: �\ ABLERTVII I E, MN OPPIOAN m.� �. `""''^^+ rw Ran > aaaso �_""zj $�o: ,°j'a'cRd"°, �'.w�" wa OELOH 8r: rc_ Ems. °.�.'urrr'T---.,.__ 10"� MOM a �i o INVESTMENT COMPANY PRELIMINARY SITE -Nr-says twr ap-��r-rus am... w aml ao„ aY �.•ur a uw sta. js a Ytm..aa. 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NE - - - i I I FRONTAGE AVENUE als 17— Li - I MUMTrmrrn�� . � � II I I Mill, IN, if P11 n1l y m �s§i $R$�o�»w�•"-�� s3 Pg��gZg� X 8,°�•'�"43��QR•a3 ao�2:S cc 9 `� •$ .�,�$ v1� $ a dgR 1tr ,� " m $mQ n o ' 1.% f f N T8 $ell qg �4 a .FF� 3. \CTi ALBERTVILLE CROSSING John Oliver 6 Aasoclatea, kic """'"",.e'"'. .a•w DAtE z o[semruaABLERTVILLE. MN °"""" ` "`""^ a" ^M"+ �paa:. mr a.et wv. aw. ors" aa� iFORamo"A"*'OPPIDAN INVESTMENT COMPANY raa-•4r-ana rax raa-aaaeas a e --weNcp¢D\YJJiw•txa4 Abw,I"rn.•l°• fDm; Ln LANDSCAPE PLAN °io"N` rw+ ra ..•t" sqA«: rgzr D.W. x Ry. N•. ntE N0.��.�}-oy 2 — I I } I } 5cC3) NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.696.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Mayor and Council Members FROM: Cindy Sherman DATE: April 11, 2002 RE: Albertville — Albertville Business Park Final Plat and Rezoning FILE NO: 163.06 — 02.09 BACKGROUND Mr. John Darkenwald has submitted an application for final plat and rezoning for property located to the west of the Outlets at Albertville site and on the north side of I- 94. The request is to plat three building sites with related right-of-way and outlots to include ponding and wetland areas and to rezone a portion of the site to PUD. Final Plat The final plat consists of three building sites, ponding and wetland areas and road right- of-way and it is consistent with the preliminary plat. Park Dedication The City subdivision regulations require that park dedication be satisfied at the time of platting property. In this case there is no land dedication proposed. Dedication will be satisfied by cash fees in lieu of land. The amount of dedication is currently $5,000 per acre net of outlots. Dedication will be paid prior to recording the final plat and any outlots that are platted in the future will require additional dedication. Rezoning The request is to rezone the site to PUD. Currently the zoning is split and part of the site is zoned PUD and part is zoned 1-1. The B-3 regulations will be used as a means to review permitted uses and site design standards in the future. RECOMMENDATION The Planning Commission reviewed the rezoning request at their April 9 meeting and they recommend approval to rezone the site to PUD with a provision that gas stations will not be a permitted use. An ordinance to rezone the site is attached. The Commission does not routinely review final plats. Staff recommends approval of the final plat as outlined in the attached findings of fact. 2 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2002 -10 AN ORDINANCE CHANGING THE ZONING OF CERTAIN LAND IN THE CITY OF ALBERTVILLE, MINNESOTA THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA HEREBY ORDAINS: SECTION 1. The property legally described as (see Exhibit A) is hereby all zoned, Planned Unit Development. SECTION 2. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 15t' day of April 2001. CITY OF ALBERTVILLE i John A. Olson, Mayor ATTEST: Linda Goeb, City Administrator Exhibit A That part of the Southeast Quarter of the Northwest Quarter, and the Northeast Quarter of the Southwest Quarter, Section 35, Township 121, Range 24, Wright County, Minnesota, described as follows: Commencing at the Northwest corner of said Northwest Quarter, thence South 89 degrees 58 minutes 49 seconds East, assumed bearing along the north line of said Section 35, a distance of 2637.89 feet to the Northeast corner of said Northwest Quarter, thence South 01 degrees 13 minutes 38 seconds West, along the East line of said Northwest Quarter, a distance of 1402.67 feet to the point of beginning, thence South 79 degrees 52 minutes 02 seconds West, a distance of 392.18 feet, thence North 10 degrees 07 minutes 58 seconds West, a distance of 22.50 feet; thence South 79 degrees 52 minutes 02 seconds West, a distance of 80.0 feet; thence North 10 degrees 07 minutes 58 seconds West, a distance of 143.65 feet; thence North 89 degrees 03 minutes 02 seconds West, a distance of 119.90 feet; thence South 65 degrees 48 minutes 30 seconds West, a distance of 276.96 feet; thence North 59 degrees 53 minutes 02 seconds West, a distance of 141.91 feet; thence South 30 degrees 06 minutes 58 seconds West, a distance of 644.32 feet to the northerly right-of-way line of Interstate Number 94; thence South 59 degrees 53 minutes 02 seconds East, along said right-of-way line a distance of 1486.18 feet to the east line of said Northeast Quarter of the Southwest Quarter, thence North 01 degrees 13 minutes 38 seconds East along said east line of the Northeast Quarter of the Southwest Quarter and said east line of the Northwest Quarter, a distance of 1263.15 feet to the point of beginning. 4-15-02 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Rezoning Final Plat Applicant Name: Darkenwald Real Estate Ltd. Request: Darkenwald Real Estate, Ltd. has submitted an application for rezoning/and final plat. The request is being made to plat three commercial building sites and to rezone the entire property to PUD. Planning Commission Meeting Date: Public Hearing held April 9, 2002 City Council Meeting Dates: April 15, 2002. Findings of Fact: Based upon review of the application and evidence received, the City Council now makes the following findings of fact and decision: a. The legal description of the subject property is attached as Exhibit A. b. The Planning Report, dated April 11, 2002 prepared by NAC Inc., is incorporated herein. c. The City Council finds the requested rezoning from 1-1 to PUD acceptable and in conformance with the rezoning criteria contained in the City's Zoning Ordinance. d. The City Council finds the final plat acceptable. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the rezoning and final plat based on the most current plans and information received to date subject to the following conditions. 1. Park dedication shall be cash fees in lieu of land at the rate in effect at the time of final plat. 2. Gas stations shall not be a permitted use under the PUD zoning. Adopted by the Albertville City Council this 15th day of April 2002. Albertville Business Park Findings of Fact Page 1 EXHIBIT A LEGAL DESCRIPTION OF Albertville Business Park That part of the Southeast Quarter of the Northwest Quarter, and the Northeast Quarter of the Southwest Quarter, Section 35, Township 121, Range 24, Wright County, Minnesota, described as follows: Commencing at the Northwest corner of said Northwest Quarter, thence South 89 degrees 58 minutes 49 seconds East, assumed bearing along the north line of said Section 35, a distance of 2637.89 feet to the Northeast comer of said Northwest Quarter, thence South 01 degrees 13 minutes 38 seconds West, along the East line of said Northwest Quarter, a distance of 1402.67 feet to the point of beginning, thence South 79 degrees 52 minutes 02 seconds West, a distance of 392.18 feet, thence North 10 degrees 07 minutes 58 seconds West, a distance of 22.50 feet; thence South 79 degrees 52 minutes 02 seconds West, a distance of 80.0 feet; thence North 10 degrees 07 minutes 58 seconds West, a distance of 143.65 feet; thence North 89 degrees 03 minutes 02 seconds West, a distance of 119.90 feet; thence South 65 degrees 48 minutes 30 seconds West, a distance of 276.96 feet; thence North 59 degrees 53 minutes 02 seconds West, a distance of 141.91 feet; thence South 30 degrees 06 minutes 58 seconds West, a distance of 644.32 feet to the northerly right-of-way line of Interstate Number 94; thence South 59 degrees 53 minutes 02 seconds East, along said right-of-way line a distance of 1486.18 feet to the east line of said Northeast Quarter of the Southwest Quarter, thence North 01 degrees 13 minutes 38 seconds East along said east line of the Northeast Quarter of the Southwest Quarter and said east line of the Northwest Quarter, a distance of 1263.15 feet to the point of beginning. Albertville Business Park Findings of Fact Page 3 DRAFT, ARIL 14, 2002 DEVELOPER'STLANNED UNIT DEVELOPMENT AGREEMENT Albertville Business Park THIS AGREEMENT, entered into this day of May, 2002 by and between DARKENWALD REAL ESTATE, LTD, individually, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota,hereinafter referred to as "City" all of which are collectively referred to herein as "the Parties"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of the real property described in Exhibit A, attached hereto and incorporated herein by reference,' 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 "Albertville Business Park' and shall hereinafter be referred to in its entirety as "Said Plat' or "Subject Property"; and ` WHEREAS, Developer intends to subdivide 25.02 acres into four buildable commercial lots; and WHEREAS, the City has given preliminary approval of Developer's plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, curb and gutter, grading, sanitary sewer, municipal water, and storm sewer (hereafter "Municipal Improvements') be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed and 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 paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot; drainage swales, storm water pondmg, bermmg, street signs, street cleanup during project development; erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Construction of Municipal Improvements. A. The Developer has petitioned the City to construct and install the Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albertville Business Park, as prepared by RLK Kuusisto, Ltd., dated , 2002 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding. The City may contract with one or more contractors to install said Municipal Improvements and storm water pond and specially assess the cost of said Municipal Improvements to Developer. Developer has agreed to be assessed for 100% of the cost of said Municipal Improvements and storm r� water ponding (said costs estimated to be $ and hereby waives the right to appeal $ 3 51 '�63 of such assessment to the Wright County District Court pursuant to Minn. Stat. § 429.081. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. B. The City may, as part of the contract for the installation of the Municipal Improvements or as a separate contract, construct and install passing lanes, turn lanes and acceleration lanes (collectively "Highway 19 Improvements") as required by Wright County at the intersection of Wright County State Aid Highway No. 19 and the City street planned to be constructed immediately to the east of Said Plat and which shall serve said plat. In the event the City constructs said Highway 19 Improvements, and in recognition of the fact that said Highway 19 Improvements will benefit Said Plat, Developer agrees that the numbered lots in Said Plat may be 2 2. special assessed a total of % of the total cost (including construction, engineering, financing and legal expenses) of said Highway 19 Improvements. Developer and City estimate this total cost to be $ Developer hereby waives the right to appeal $ of such Highway 19 Improvements assessment to the Wright County District Court pursuant to Minn. Stat. § 429.081. C. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. Construction of Qn- and Off --Site Improvements. A. Developer shall construct all on- and off -site improvements including im installation of boulevards, yard top soil, sod and seed in all lots, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. All yards shall be seeded with grass seed or sodded with grass. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Unless the City Engineer specifies a later date, said improvements shall be installed no later than October 31, 2003, with the exception of erosion control, which shall be installed immediately upon initial grading of Said Plat. 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 Wright Hennepin Electric or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; 3 iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer 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 f cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. D. Notwithstanding the requirements of subparagraph 2A above, the Developer or its successor shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October Ist and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. E. All storm water retention/water quality ponds and basins on Said Plat shall be maintained by the Developer. Developer shall establish shared drainage easements for all lots which shall drain into a common pond. Said easements must meet the approval of the City Attorney and shall be recorded on the property records of the affected lots. Developer shall provide the City with perpetual drainage easements over such ponds and the City shall have the right, although not the obligation, to maintain such ponds if the Developer fails to do so. In such event; Developer authorizes the City to specially assess any or all numbered lots on Said Plat for all costs incurred by the City in maintaining said ponds, and Developer waives the right to appeal such assessment to the Wright County District Court pursuant to Minn. Stat. § 429.081. F. All said Improvements shall be installed at Developer's expense. If the City determines that it is necessary to have the City Engineer or other inspector on 4 9 G. t site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs incurred by City. Upon sale of a lot in Said Plat to a third party, Darkenwald Real Estate, Ltd.'s obligation to perform the requirements of paragraphs 2.A, 2.D. and 2.E. with respect to such sold lot shall cease, but the new owner of such lot shall remain bound by the obligations of said paragraphs. Use of PmRsrM Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning or other amendment of the planned unit development by the City Council: A. Said Plat has been approved as a planned unit development C PUD" ). The provisions of the City's B-3 zoning district (as amended from time to time) shall apply to the lots in Said Plat, except as modified by this Agreement. B. Prior to the issuance of a building permit for any buildings on any of the numbered lots of Said Plat, Developer or its successor shall submit a site plan, landscape plan, lighting plan, and signage plan acceptable to the City for the lot proposed to be built upon, and, upon issuance of the building permit, shall adhere to such approved site plan, landscape plan, lighting plan and signage plan. 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ representing the sum of 100% of the estimated cost of the Municipal Improvements. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. As an alternative to providing the surety described in paragraph 4.A. above, Developer may elect not to provide the City with a surety, provided all of the following are met: i. The City chooses to construct the Municipal Improvements and specially assess the costs of said Municipal Improvements against one or more of the numbered lots in Said Plat; and ii. The Developer executes a personal guarantee in favor of the City guaranteeing the payment of the special assessments when due; and 5 iii. Developfprovides documentation satisfactory to the City Attorney that $ of the special assessments to be levied against Said Plat will be paid for within 45 days of the recording of Said Plat and this Developer's Agreement. C. The City may draw on said letter of credit or surety to complete work not performed by Developer, to pay liens on property to be dedicated to the City, to reimburse itself for cosh 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. 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. In the event a surety referred to herein is in the form of an irrevocable letter of credit; which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 5. Surety Release. A. The Developer may request of the City a reduction or release of any surety as follows: 1. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 6 6. 7. 2. When all or a portion of the special assessments have been paid, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of the special assessments so paid. 3. Upon issuance of an occupancy permit for any lot upon which special assessments remain outstanding, Developer's guarantee shall be reduced by the amount of such special assessments remaining outstanding on said lot, provided the estimated cost to construct the structure for which the occupancy permit has been obtained exceeds said outstanding special assessment. 3. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. B. 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. Abandonment of Proiect - Costs and, Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the 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 withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in approving and inspecting said Improvements described above. Developer agrees to pay all such costs within 7 30 days of billing by the City. Developer has the right to request time sheets or work records to verify said billing prior to payment. Sanitary Sewer and Water Trunk Line Fees. A. 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 25.02 acres in Said Plat Therefore, the Sanitary Sewer Trunk Line Fees for this plat are $35,028.00 ($1,400.00 x 25.02 acres). Developer will pay said fee prior to the release of the final plat by the City. B. Developer agrees that the City's Water Trunk Line Fee Ordinance requires the Developer to pay $1,100.00 per acre in water trunk line fees. There are 25.02 acres in Said Plat. Therefore the water trunk line fee for Said Plat is $27,522.00 ($1,100.00 x 25.02 acres). Developer will pay said fee prior to the release of the final plat by the City. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the.approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit C, and as required by City ordinance. 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. Maintain Public Property Damaized 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. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have ten (10) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council, provided, however, that Developer shall immediately clean up or repair any public property damage deemed by the City Engineer to be an imminent safety hazard or an imminent cause of pollution or water quality degradation. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be 8 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 dturty (30) days, fimds sufficient to pay the bill may be taken from the Tax Increment otherwise due the Developer and/or specially assessed against any or all lots within Said Plata 11. 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. 12. V'whttion of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. (Z B. Notwithstanding the 30-day notice period provided for in paragraph WA) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and occupancy permits until said breach is remedied. 9 13. Whalianeous. 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 related to the development of Said Plat caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties during construction of improvements on Said Plat. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. 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 shallprovide 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. 10 H. Developer shall comply with all water 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. If required by the City Fire Chief the owner of any lot in Said Plat on which a building is proposed to be constructed shall provide the City Fire Chief with a detailed analysis of the proposed building's compliance with the fire code then in force in the City, or, at the election of the City Fire Chief, said owner shall pay the reasonable cost of such an analysis if performed by or for the City. K. Developer shall guarantee all new plantings required as part of any landscape plan shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. L. 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. 14. Dedications to the City. A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road and trail right-of-ways, curbs, gutters, sewers and water mains to the City. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay $5,000.00 per acre for all land in Said Plat, except for any portion of the Plat which is identified as wetlands or outlots. There are 18.62 acres in Said Plat upon which park dedication is due (net of wetlands and outlots). Therefore, Developer shall pay the City a cash payment totaling $93,100.00. 15. jadmaity. A. 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 of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. B. Upon sale of a lot in Said Plat to a third party, Darkenwald Real Estate, Ltd.'s obligation to Indemnify under paragraph 15.A. above with respect to such sold lot shall cease, but the new owner of such lot shall remain bound by the obligations of said paragraph 15.A., unless the City has provided Developer notice of default prior to said sale and said default remains uncured, in which case Developer's obligation to indemnify shall not be released until said default is cured and all costs incurred by the City related to said default have been indemnified. 16. 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, except as expressly permitted elsewhere in this Agreement. 17. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successor and assigns of the parties hereto. 18. 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 if Developer is in breach of this Agreement. 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 consfrued 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, 12 'Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 19. Limited Anoroval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement; 20. 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. 21. 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. 22. In gration 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. 23. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 John Darkenwald 24. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 13 CITY OF ALBERTVILLE, By John Olson Its Mayor By Linda Goeb Its Clerk DARKENWALD REAL ESTATE, LTD. By: John Darkenwald Its: President STATE OF MINNESOTA } ) ss. COUNTY OF WRIGHT ) The 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 -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 14 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing mstnunent was acknowledged before me this day of 2002, by John Darkenwald as President of Darkenwald Real Estate, Ltd Notary Public EXHIBIT A The legal description of the property which is the subject of this Developer's Agreement is as follows: Lots 1, 2, 3 and 4, Block 1 Octlot A Outlot B Albertville Business Park, according to the plat of record on file in the Wright County Recorder's Office, Wright County, Minnesota. 16 EXHIBIT B Utility Plan Exhibit C ... I sc(q) NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 962.505.0636 Facsimile: 952.596.9837 planners@nacplanning.com i TO: Albertville Planning Commission FROM: Cindy Sherman DATE: March 5, 2002 RE: Albertville — Welcome Furniture - Site Plan Review FILE NO: 163.06 — 02.06 BACKGROUND Welcome Furniture has submitted an application for Site Plan and Building Review. The application is being made to allow the development of a 60,000 square foot multi - tenant retail/warehouse facility. The property is located just west of the outlet mall and the final plat is scheduled for council review on April 15. The site is zoned PUD and the use is permitted in a commercial PUD development. SUMMARY Site Plan Review Lot Area. Setback. Heiaht and Coveraae Reauirements PUD District Required B-3 Proposed Lot Area None 5.1 acres Lot Width 100 feet 150+ feet at setback Setbacks —bldg. 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NV Id NOLVOiMl V ON1a33S V1OS3NNIW '1.1Nf100 1HJI8M '3111AIN38'1V 30 A110 N 3�If111 jnJ 31N0013M 1J 2j03 1.111103d3 11V132J llNn—iilnvq M3N � :133fOMd 3i F 9 FS h at 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN Telephone: 952.595.9636 Facsimile: 952.595.9837 plan ners@nacplanr Memorandum TO: Albertville Mayor and Council Members FROM: Cindy Sherman DATE: April 11, 2002 RE: Albertville — Sign Ordinance Changes FILE NO: 163.05 — 02.02 BACKGROUND 5C.(5) Earlier this year the City Council directed modifications to the sign ordinance to address sign issues in the community. The changes are to allow for temporary or portable signs on a limited basis and to allow for off -site advertising signs within ball fields and stadiums that are not visible form the perimeter of the property. The ordinance is drafted to include three changes. The first change under Section 2 is to add Section 9, Subd. 15. This part of the ordinance deals only with the portable sign issue. The second change is to Section 9, Subd. 11. This is modifying existing language in the ordinance to allow off -premise signs only as outlined in Section 9, Subd. 16. The third change is to add Section 9, Subd. 16 to allow signs within ballparks and stadiums. RECOMMENDATION The Planning Commission reviewed the ordinance at their April meeting and they recommend approval as outlined. on that premise except that nonprofit or charitable organizations as defined by Internal Revenue Code 501 (Q) may have off -premise sins for their fund raising activites provided that they obtain permission from the property owner. Signs from nonprofit organizations shall not be counted as one of the six permits allowed to the property owner. Nonprofit organizations shall be limited to eight (8) signs per event. e) Signs may not be placed in the right -of way and must be setback a minimum of ten (10) feet from all property lines. f> Signs must not be unsafe or dangerous they must be securely anchored. Amend Section 9, Subd. 11 as follows: Obsolete and Off -Premises Signs. No sign shall be permitted which advertises a business which is not being p t conducted on the premises on which the sign is located, except advertising devices as provided for in Section 8 and off -premise signs as outlined in Section 9, Subdivision 16 of this Ordinance. Add Section 9, Subd. 16: Off -premise advertising signs shall be permitted within ballparks or stadiums provided they are not visible from the perimeter of the property. SECTION 3. EFFECTIVE DATE. This amendment shall be in full force and effect immediately following its passage and publication. Approved by the Albertville City Council this day of CITY OF ALBERTVILLE John A. Olson, Mayor ATTEST: Linda Goeb, City Clerk 2002. Ord. 2002-XX Page 2 of 2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9638 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Mayor and Council Members FROM: Cindy Sherman DATE: April 11, 2002 RE: Albertville — Shoreland Ordinance Changes FILE NO: 163.05-02.03 BACKGROUND Earlier this year the City Council directed review of the shoreland ordinance to address lot coverage in commercial areas. The ordinance currently allows only 25% coverage on all lots within the Shoreland areas and does not distinguish between zoning districts or differing land uses. The draft ordinance is intended to allow greater coverage if certain criteria are met. There are two levels of coverage proposed; up to 50% lot coverage and from 50-80% coverage. The criteria are intended to provide additional protection to the water body through setbacks, vegetation, storm sewer improvements, etc. The ordinance has been forwarded to the DNR for their review as required. Understate law they have 60 days to review items that are forwarded to them. Action by the City can be taken contingent on no objections from the DNR. This will allow for their 60-day review, which closes on June 1, 2002. RECOMMENDATION The Planning Commission reviewed this request and they recommend approval. Staff recommends that any action to approve be contingent on no objections from the DNR and that the ordinance not be effective until June 1, 2002. CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2002-8 AN ORDINANCE AMENDING SECTION 4905.61 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING COMMERCIAL USES IN THE SHORELAND OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1: PURPOSE. The purpose of this ordinance is to allow high quality developments within the commercially zoned areas of the City of Albertville that enhance and protect the shoreland areas while allowing for lot coverage that is reasonable for commercial uses. SECTION 2. Section 4905.61 C is hereby added to wit: Section 4905.61 C: For developments within the Shoreland Overlay District with an underlying Business (B) zoning designation lot coverage may exceed 25% subject to the following criteria: 1. Impervious lot coverage up to fifty percent (50%) may be permitted provided the following stipulations are met: a) The lot is served by municipal sewer and water. b) The lot meets or exceeds the minimum lot size and dimension requirements. c) The building setback is at least 150 feet from the OHW and the building height does not exceed 25 feet. d) The lot shall provide for the collection and treatment of storm water in compliance with best management practices if determined that the site improvements will l I f result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer. e) Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, color, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. f) Parking lot lighting shall be provided in a manner so that all light is downcast with special attention paid to eliminating glare and minimizing the number and height of poles. g) A conservation easement, deed restriction or other protective measure shall be provided for and recorded with Wright County over the area of the lot located within the Shore Impact Zone. 2. Impervious coverage may be allowed to exceed fifty percent (50%) and extend up to eighty percent (80%)provided the following stipulations are met: a) A conditional use permit application is submitted and approved as provided for in Section 400 (Conditional Use Permits) of this Ordinance. b) A "no disturb" buffer of 40 feet is maintained with an additional 60 feet of green space (total 100 feet) provided adjacent to the waterbody. c) On riparian lots, a detailed planting plan is submitted that enhances the buffer area by providing native species as a supplement to existing vegetation. d) Measures for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water include such improvements as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm sewer inlets, oil skimming devices, etc. subject to the review of the City Engineer. Ord. 2002-XX Page 2 of 3 e) The provisions of 1 (a) through (g) are satisfied. SECTION 2. EFFECTIVE DATE. This amendment shall be in full force and effect immediately following its passage and publication. Approved by the Albertville City Council this day of 2002 ATTEST: M Linda Goeb, City Clerk CITY OF ALBERTVILLE 0 John A. Olson, Mayor Ord. 2002-XX Page 3 of 3 April 10, 2002 Albertville City Council Dear Mayor and Council Members, As citizens of Albertville we would like to call to your attention the need for safety signs on our street. We are requesting two "CHILDREN AT PLAY" signs for our street. The street is Lambert Avenue NE. The homes on the street have been completed and occupied, most of which have children residing in them. Within the last 4 months we have had an additional three children born, one mentally handicapped and another child due in June. Also, since the completion of the homes on the curves the children are unable to see the cars before they are on the straightaway. This limits the reaction time for both the children and the drivers. There are no sidewalks in the area so the children are riding bikes, scooters and rollerblades in the street in front of our homes. The driveways have substantial slopes, which leads to even more activities in the street. As concerned parents, we are looking out for the safety of our own children as well as our neighbors and vehicles driving. Currently there are 21 children in 13 households. We hope the council will understand our concern and respond with the installation of the two requested signs to help insure the safety of the Albertville's youngest citizens. Attached you will find the signatures of the homeowners affected by the needed signs and number of children children in each household. Thank you, Robert Hays 5492 Lambert Ave NE ( 2 Children) Phone # 497-5154 Ykk .- 5Y gy heyu - �a a- &-,7tFc111zB k I s 11 N wec� A 5 4 "a-k ta►c�ttc� act ` .. I I 5c(4) NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.0638 Facsimile: 952.595.0837 planners@nacplanning.com PLANNING REPORT TO: Albertville Planning Commission FROM: Cindy Sherman DATE: March 5, 2002 RE: Albertville — Welcome Furniture - Site Plan Review FILE NO: 163.06 — 02.06 BACKGROUND Welcome Furniture has submitted an application for Site Plan and Building Review. The application is being made to allow the development of a 60,000 square foot multi - tenant retail/warehouse facility. The property is located just west of the outlet mall and the final plat is scheduled for council review on April 15. The site is zoned PUD and the use is permitted in a commercial PUD development. SUMMARY Site Plan Review Lot Area. Setback. Heiaht and Coveraae Reauirements PUD District Required B-3 Proposed Lot Area None 5.1 acres Lot Width 100 feet 150+ feet at setback Setbacks -bldg. Front 35 feet 175+ feet Side 20 feet 90 feet Rear 20 feet 35 feet Building Height 35 feet 26 feet Maximum Maximum Lot coverage for 30 % of lot area 30% Structures The proposed building improvements are in compliance with all lot area, width, setback, height, and lot coverage requirements. Site Uses: The uses on the site are generally proposed to be retail sales, warehouse and service. The main tenant is Welcome furniture, which will lease approximately 30,000 square feet, and the balance of the site will be leased. The warehouse space is related to the tenants in the building and will not be leased separately. Site Access: There is one access proposed into the site off of the road and cul-de-sac that will be constructed this summer. The site will ultimately be served via the road through the City property and out to County Road 19. No certificate of occupancy will be issued until the access is complete. Parking: Parking for the facility is shown at 260 stalls, which exceeds the ordinance for the 60,000 square foot building with 50,000 square feet of retail and 10,000 square feet of warehouse. The number of spaces is to be based on floor area, which excludes 10% of the gross area. Based on this calculation the number of spaces can be reduced to 234 stalls (reduce by 26) which, if eliminated could enhance the green space on site. The parking spaces are proposed to be 8 '/2 x 20' where they abut other parking and 8 '/z x 18' where they abut a curb line that can accommodate a 2' overhang. This is allowed in the ordinance when angle parking is provided but 90 degree parking is to be 9' x 20'. While not a significant concern adjacent to the building because of the 10 and 11-foot sidewalks proposed, it does raise a concern along the westerly property line because the green space is only 5' in width and plantings will only be 2' behind the curb. Drive aisle widths all meet or exceed the ordinance requirements. Curb and gutter will be installed around the perimeter of the parking lot and all islands within the lot and along the front and sides of the buildings. The drive aisle around the rear of the building and adjacent to 1-94 is proposed to be constructed on the property line. The drive aisle on the northeast portion of the site is 3' from the property line. The ordinance does not specifically speak to drive aisle setbacks. In these locations staff feels the setbacks are adequate because of adjacent uses, which include the rear of the outlet mall and the freeway. The applicant should coordinate any necessary permits with MnDOT regarding grading and maintenance. Building type and construction: The building is proposed to be 60,000 square feet in size and will be one level. The exterior of the structure is proposed to be constructed of a combination of materials including exposed aggregate panels, glass and stucco. The details are not clear as to the mix of materials and this should be clarified for the Planning Commission. Signage: Signage on the building is proposed to be individual illuminated letters within the area identified on the building. The proposal is to accommodate signage on both the front and rear of the building. There is no freestanding sign proposed at this time. If 2 a freestanding sign is desired in the future it must meet the sign ordinance and is subject to a sign permit. Exterior Storage: The trash area is shown adjacent to the building and will be enclosed and will be constructed of materials to match the building. Grading/Drainage/Utilities: The final plans are subject to the review and approval of the City Engineer. Landscaping Plan: A detailed landscaping plan has been submitted that provides a variety of trees and shrubs on the perimeter of the site and in the parking and entrance areas. Financial security to guarantee the installation and survivability of the improvements shall be provided as required by ordinance. Lighting: A lighting plan has not been submitted. There are fixtures shown in the parking lot and on the building. All lighting shall use shoebox style fixtures with lighting directed down. The plan shows wall pack units on the rear of the building. The lights proposed on the building need to have a shielded light source in order to prevent glare. Fire Dept. review: Comments will be provided as they are received. RECOMMENDATION Staff recommends approval of the Site and Building Plans with the following conditions: 1. Approval is subject to the recording of the plat for Albertville Business Park. 2. Access, grading, drainage and utility plans are subject to the review and approval of the City Engineer. 3. Wall signage shall be permitted as outlined on the building plans except that each tenant shall be limited to one sign on the front and one on the rear of the building. 4. The site is subject to the review and comment of the Fire Department. 5. Exterior materials shall be clarified as to the specific materials and where they are applied on the structure. 6. Security to guarantee the installation and survivability of the landscape plan shall be provided prior to release of a building permit. 7. A complete lighting plan shall be submitted prior to issuance of a building permit and lighting on the building shall include a shielded light source to prevent glare. 8. The applicant shall contact MnDOT regarding grading and snow storage issues prior to issuance of a building permit. PC Linda Goeb, Pete Carlson, Curt Crotty, Mike Couri, Jon Sutherland 3 WELCOME FURNITURE SITE PLAN EXECUTIVE SUMMARY March 12, 2002 SITE PLAN The site plan for Lot 1 has been developed for use as a 50,000 square foot retail and 10,000 square foot warehouse facility. The required parking for this facility is 260 spaces, of which 6 must be handicapped accessible. The parking spaces are 8.5 feet wide and 20 Tong, except along areas that include a curb. Where a curb is located at the end of the parking space, a 2' overhang was used so that the space is 18' long. This site meets those requirements. None of the slopes in the parking lot exceed 5%. Concrete curb and gutter surround the bituminous parking lot. The curb and gutter is located 5 feet from the property line except south of the building, where there is no parking. The curb in this location is on the property line. It is necessary to locate the curb in this location to allow for fire access. Additionally, a short stretch (approximately 30') of curb along the west side of the property is located 3' from the property line. In this location, there is a road between the parking and the curb. GRADING PLAN The north, south and east sides of the site drain to the storm water pond on the east side of the property. The building roof is a mono slope roof, sloping to the south. The drainage from the roof flows to the east in a paved ditch to the storm water pond on the east side of the site. The west side of the site is directed to a storm sewer that drains into the proposed pond on Lot 2. To prevent direct runoff of stormwater from entering into the wetland on Outlot A, the north side of the property is raised. This requires some fill in the wetland buffer. However, a double row of silt fence with the second row being reinforced is included. Seeding of MNDOT seed mixture 15 will be included in the restoration of the wetland buffer. CITY QF ALBERTVILLE ■ ZONING REQUEST APPLICATION 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-0009 (612) 497-3384 fax(612) 497-3210 Case No: Base Fee: Pd. Escrow Amt: Pd. Date Filed: March 12,2002 Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation by the City Clerk and prior to acceptance of required processing fees/deposits. Street Location Of Property: Dowell Drive, Albertville M[y Legal Description of Property (Attach additional sheet if necessary): Lot 1, Block 1 & Outlot A owner: Name: Welcome Furniture (Wes & Ray Wiley) Address:- 4901 West Broadwa City: Crystal State: MN Zip: 55429 Telephone (Home): Applicant (If other than owner): Name: N/A Address: City: Telephone(Home): i Type of Request(s): X Site and Building Plan Review Minor Subdivision/Consolidation Preliminary Plat Final Plat Comprehensive Plan or Ordinance Amendment (Business): (763) 537-8006 (Fax): (763) 537-0758 State: (Business): Description of Request(s): Site Plan Review Zip: (Fax): Rezoning Variance Conditional Use Permit Interim Use Permit Other CITY OF ALBERTVILLE ■ APPLICATION PROCEDURES CHECKLIST ■ SITE PLAN REVIEW A checklist of background information and submission requirements for the processing of site plans is provided below. Should there be an item which is not included in the submission of the application, a detailed, written explanation should be made outlining the reason for the omission. The City Staff will also utilize the attached form as a checklist in the review of information which you submit. The decision on whether a request will be granted rests with the Albertville City Council. Please read all applicable ordinances and the attached checklist thoroughly. PROCEDURES COMPLIANCE 1. Review the appropriate sections of the City Zoning and/or Subdivision Ordinance. X _ 2. Meet with City Staff/Planner to discuss proposal and concept plans. X 3. Application filed concurrently with submission requirements as set forth below. X 4. Application/review fees paid and escrow deposits made. X SUBMITTAL REQUIREMENTS 1. Proof of title and the legal description of the property for which the development is requested. Welcome Furniture X 2. Eight (8) large scale copies and one reduced scale (8-1/2 x 11 inches) copy of detailed written materials fully explaining the proposed development or use, and graphic materials as specified below, unless waived by the Zoning Administrator. .— a. Site Development Plan (1) Location of all buildings on lots including both existing and proposed structures. X (2) Location of all adjacent buildings located within three hundred fifty (350) feet of the exterior boundaries of the property in question. 313.62 , from Property — -X— Line to West edge of bituminous 1 (3) Location and number of existing and proposed parking spaces. (4) Vehicular circulation. (5) Architectural elevations (type and materials used in all external surfaces). (6) Location and type of all proposed lights. (7) Curb cuts, driveways, number of parking spaces. (8) Site plan details such as trash receptacles, etc. b. Dimension Plan (1) Lot dimensions and area. (2) Dimensions of proposed and existing structures. (3) "Typical" floor plan and "typical" room plan. (4) Setbacks of all buildings located on property in question. (5) Proposed setbacks. (6) Sanitary sewer and water plan with estimated use per day. Estimated gallons per day (467) C. Grading Plan (1) Existing contours. (2) Proposed grading elevations/contours. (3) Drainage configuration. (4) Storm sewer catch basins and invert elevations. (5) Spot elevations. 2 COMPLIANCE YU NQ X x X M (6) Proposed road profile. N/A d. Landscape Plan (1) Location of all existing trees, type, diameter, and which trees will be removed. (2) Location, type and diameter of all proposed plantings. (3) Location and material used for all screening devices. COMPLIANCE Yes . NQ X Failure on the part of the applicant to supply all necessary information listed herein or any supportive information as requested by the City may be grounds for denial of the request. E 3 AMERICAN LAND TITLE ASSOCIATION COMMITMENTS— 1966� CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the Policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy of Policies is not the fault of the Company. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Issued by: LAND TITLE, INC. 1900.SILVER LAKE ROAD SUITE 200 NEW BRIGHTON, MN 55112 (651)638-1900 F1 ut ortz tgnatory CHICAGO TITLE INSURANCE COMPANY wsu By. SE President ATTEST Secretary Form C 3615 (Reprinted !0/0o) ALTA Commitment - 1966 w/o Standard Exceptions Chicago Title Insurance Company COMMITMENT SCHEDULE A Case No. 201946 1. Effective Date: February 13, 2002 at 7:00 A.M. 2. Policy or Policies to be issued: (a) © ALTA Owner's Policy-10/17/92 Amount $1,299,612.60 Proposed Insured: Wiley Holdings, LLC (b) 0 ALTA Short Form Loan Policy - 10/17/92 Amount - 0 - Proposed Insured: NONE 3. Title to the Fee Simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Bernard J. Roden and Judith A. Roden, or their successors, as Trustee of the Bernard J. Roden Revocable Trust, under Agreement dated October 29, 1999 4. The land referred to in the Commitment is described as follows: Lot 1, Block 1, and Outlot A. Albertville Business Park, Wright County, Minnesota. Note: This legal description does not yet exist. (See Item F, Schedule B-1) , Albertville, Minnesota Abstract Property This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule A consists of 1 page(s) Chicago Title Insurance Company COMMITMENT SCHEDULE B - Section I Requirements 1. The following are the requirements to be complied with: A. Payments to, or for the account of, the sellers or mortgages of the full consideration for the estate or interest to be insured. B. Instruments in insurable form which must be executed, delivered and duly filed for record. C. Trustee's Deed from Bernard J. Roden and Judith A. Roden, or their successors, as Trustees of the Bernard J. Roden Revocable Trust, under Agreement dated October 29, 1999, to John F. Darkenwald, in fulfillment of Memorandum of Option Agreement dated November 24, 1999, filed November 30, 1999 as Document Number 696147. D. Certificate of Trust and Affidavit of Trustee in regards to the Bernard J. Roden Revocable Trust, under Agreement dated October 29, 1999. E. It appears that this property has been assessed under MSA S 273.111 (Green Acres). A Payoff statement to the County Auditor/Treasurer should be ordered prior to closing. F. The plat of Albertville Business Park to be filed of record. G. The subject property lacks access to a publicly dedicated street. We require the City of Albertville dedicate a public street to provide access to CSAH 19 from the plat of Albertville Business Park. In the alternative, an easement for street purposes should be given by the City of Albertville. If the easement method is used, we would also require a Maintenance Agreement be filed of record H. Warranty Deed from John F. Darkenwald and spouse, if any, to Wiley Holdings, LLC. I. The standard form of Seller's and/or Purchaser's Affidavit, satisfactory to the Company, will be required. Case No. 201946 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B 1 consists of 1 page(s) Chicago Title Insurance Company COMMITMENT SCHEDULE B - Section H Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other -matters, if any, created, first appearing in the public records or attaching to subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any discrepancies or conflicts in boundary lines, any shortages in area, or any encroachment or overlapping of improvements. 3. Any facts, rights, interests or claims which are not shown by the public record but which could be ascertained by an accurate survey of the land or by making inquiry of persons in possession thereof. 4. Easements, liens or encumbrances or claims thereof, which are not shown by the public record. 5. Any lien or right to a lien for services, labor or material imposed by law and not shown by the public record. 6. Taxes or assessments which are not shown as existing Liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record. 7. Parcel 1: Taxes payable in the year 2001 in the amount of 52,228.00 Total, paid in full. (101-500- 3521000) Base Tax: $2,193.00, Homestead. "Green Acres". Parcel 2: Taxes payable in the year 2001 in the amount of 5496.00 Total, paid in full. (101-500- 352401) Base Tax: $496.00, Homestead. "Green Acres" 8. Levied and pending special assessments have been ordered. 9. Utility easement in favor of Wright -Hennepin Cooperative Electric Association over the subject property as contained in Document Number 437610. 10. Utility easement in favor of Northern States Power Company, a Minnesota corporation, over a portion of the subject property as contained in Document Number 476934. Case No. 201946 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B2 consists of 2 page(s) Chicago Title Insurance Company COMMITMENT SCHEDULE B - Section II Exceptions 11. Terms and conditions of Rental Agreement by and between Bernard J. Roden and Judith A. Roden, husband and wife, as Lessors, and Franklin Outdoor Advertising Co., as Lessee, dated September 28, 1990, filed February 15, 1991, as Document Number 485058. 12. Subject to Kodler Avenue Northeast over a Westerly portion of the subject property as shown by available maps. 13. All minerals and mineral rights are reserved to The Federal Land Bank of Saint Paul, as contained in Document Number 294185. 14. Drainage and utility easements over the subject property as shown on the recorded plat. 15. If there are any questions regarding this Commitment, please contact Roy Mahlberg at (651) 697- 6131 or by email at rmahlberg@landtitleinc.com. Case No. 201946 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B2 consists of 2 page(s) GAP �� G'l�� sssr�5� A f b e,,�vlWe 963-q,9-Z/91 G U UK A 1 k-e r 4,-(y/� ,3s- A---, GKA � 7— e 47 ta- ea /4 . 7A-jq Vv 0 Lt p 5 64 Oeve1 tre h OAP t F SS l � j S /-1 4 h�