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2002-09-03 CC PacketALBERTVILLE CITY COUNCIL AGENDA September 3, 2002 7:00 PM / ' ce' 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) August 19, 2002, City Council Meeting 3. CITIZEN FORUM - (io Minute Limit) -7 ,t-) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 16682 — 16712) (b) Approve reduction in Letter of Credit for Kolleville Estates 2nd Addition to $25,000 (c) Approve reduction in Letter of Credit for Cedar Creek South 51' Addition to $19,500 (d) Approve reduction in Letter of Credit for Cedar Creek South 7th Addition to $17,900 (e) Approve reduction in Letter of Credit for Cedar Creek North 3rd Addition to $31,965 (f) Approve Application to Conduct Excluded Bingo application for the Catholic Aid Association, St. Albert's Council #147 to conduct bingo at the St. Albert's Parish Center on November 10, 2002 5. DEPARTMENT BUSINESS a. Fire Department • None b. Public Works (1) Public Works/Parks Maintenance Report (2) Wastewater Treatment Facility Report c. rlanning & Zoning (1) Towne Lakes 2nd Addition • Rezoning from R-1 A to PUD (Ordinance #2002-17) • Final Plat • Developer's Agreement (2) Northwest Commercial Park • Preliminary & Final Plat (3) Slumberland • Site & Building Plan review • Conditional Use Permit City Council Agenda September 3, 2002 Page 2 of 2 d. Engineering (1) Detention pond on Slumberland site (2) Storm Water Management Plan and Hydrologic Study (3) Parking Lot Bids 67 (4) CSAH 19 Improvements — 54� Street to north of mall (5) Request from Steve Zachman for Feasibility Study to extend urban services to 28.5 acres of land currently in the City of St. Michael e. Legal (1) Berning easement f. Administration (1) Request for crosswalk on Karston Avenue NE (2) Request from Elaine Engstrom to vacate roadway at 5599 Lander Avenue NE (3) Request from Aaron Heil to allow seeding rather than sodding the property at 6237 Kahler Drive NE (4) Approve final County Ditch 9 Agreement with City of St. Michael (5) Consider scheduling a joint meeting with the Planning Commission to review the concept plan for the Bernard Vetsch property (Towne Lakes) on September 18 (6) Bids for computer upgrade (7) Information on Zoning and Adult Uses 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL ozao August 19, 2002 Albertville City Hall 7:00 PM PRESENT: Mayor Scott Wallace, Councilmembers LeRoy Berning, Keith Franklin, Tom Fay, and John Vetsch, City Engineer Pete Carlson, and City Administrator Linda Goeb Ma or Wallace called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add approval of Check #16668 (Rolstad Construction) • Add Item 5d(1) - Letter from Wright Soil & Water Board • Add Item 5d(2) — Commercial Park • Add Item 5f(4) — Purchase offer on commercial lot (Carpet Country One) • Add Item 5f(5) — "Home of the Knights" sign on the new water tower • ,,,Add Item 5f(6) - R.J. Marco Construction trailer Vetch made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Berning made a motion to approve the minutes of the August 5, 2002, regular meeting as presented. Fay seconded the motion. All voted aye. Mayor Wallace asked if anyone wished to address the Council under Citizen Forum. No one in the audience requested to address the Council.. Vetsch made a motion to approve the Consent Agenda items as follows: • Approve payment of claims (Check #'s 16627—16668) • Revenue/Expenditure Report — July 2002 Franklin seconded the motion. All voted aye. Brian Block, representing the auditing firm of Kern, DeWenter & Viere, presented the 2001 Audit Report to the City Council and answered questions regarding the suit report from the Council. Fay made a motion to accept he 2001 Audit Report as presented. Franklin seconded the motion. All voted aye. Berning made a motion to accept the Public Works/Parks Maintenance Report as presented. Fay seconded the motion. All voted aye. Franklin made a motion to accept the WWTF Report as presented. Berning seconded the motion. All voted aye. The Council discussed the B-2A (Special Business) zoning district ordinance revisions. The purpose of the B-2A District is to provide for high quality, limited retail and service commercial development tat serves both local and regional needs. The uses allowed in the B-2A District are more restrictive than those allowed in the B-2 and B-3 districts. Some of the uses not Albertville City Council Minutes August 19, 2002 Page 2 of 3 permitted in the B-2A zone are convenience retail stores, motor fuel stations, and auto dealerships with outside display/sales. The Council agreed to allow off sale liquor stores and minor auto repair stores as permitted uses in the 13-2A District and Section 4350.2 of the ordinance was amended by adding those two uses. Franklin made a motion to adopt ORDINANCE #2002-13 titled AN ORDINANCE ADDING SECTION 4350, B-2ASPECIAL BUSINESS DISTRICT, AMENDING SECTIONS 4200, 4300, 4400, 4500, 4501, AND 4700 BY ADDING OR AMENDING IMPERVIOUS SURFACE AND BUILDING COVERAGE REQUIREMENTS, AND AMENDING SECTION 1200, OFF-STREET PARKING, OF THE ABLERTVILLE ZONING ORDINANCE. Berning seconded the motion. All voted aye. City Engineer Carlson reviewed the August 12, 2002, letter from Colleen Allen, Resource Conservationist with Wright Soil and Water Conservation District, regarding potential flooding problems within the City. She suggested that the city have a comprehensive hydrologic analysis of the watershed conducted. Carlson explained that even though the City does not have a formal storm management plan, we do follow the standards for best storm water management practices. Carlson will prepare a cost estimate for developing a formal storm water management plan for the next Council meeting. The Council agreed to invite Colleen Allen from the Wright Soil and Water Conservation District to attend the next Council meeting to discuss her concerns. Carlson reported that, due to the wet conditions this summer, the completion date for the Northwest Commercial Park has been extended to September 30. Carlson recommended that three phase power be installed in the Northwest Commercial Park. However, Wright Hennepin Electric services the area and their policy is to split 50%-50% the costs of extending three phase power with the City. Estimated cost to the City of extending the three phase power is $5.50 per foot. He will bring a proposal from Wright Hennepin Electric for the Council to consider at the next meeting. City Administrator Goeb explained the Economic Development Impact Assessment Workshop sponsored by the Initiative Foundation. The workshop is designed to assist communities in quantifying and qualifying the impacts of economic development. The workshop will accept a maximum of eight participating communities and are offered by invitation only. The City of Albertville has been invited to participate at a cost of $250. Vetsch made a motion to participate in the Initiative Foundation's Economic Development Impact Assessment Workshop and to send the administrator and Heidi Peper of S.E.H. to the workshop at a cost of $250. Fay seconded the motion. Vetsch, Fay, Wallace and Berning voted aye. Franklin voted no. The motion carried. The Council reviewed the Marketing Strategy for Economic Development proposal from Heidi Peper, S.E.H.'s Community Development Manager. The proposal includes the following: Albertville City Council Minutes August 19, 2002 Page 3 of 3 • Logo redesign to use in all marketing pieces • Tri-fold brochure for direct -mail to site locators, developers and owners, folder • Web Site Upgrade & Maintenance • Personal follow-ups with contacts • Advertisements in FoodService News • Regular evaluations The fee for providing the services described is $11,000. City Administrator Goeb reminded the Council of the funds budgeted, but as of yet unspent, for economic development. Goeb recommended that the Council authorize the $11,000 expenditure. Vetsch made a motion to authorize S.E.H. to proceed to implement the Marketing Strategy at a cost of $11,000. Franklin seconded the motion. All voted aye. Goeb recommended that the Council consider hiring a temporary employee to serve as the secretary for the building inspection department. Vetsch made a motion to authorize the administrator to proceed with hiring a temporary employee in the building inspection department. Fay seconded the motion. All voted aye. Councilmember Franklin reported that the negotiating team had met with Carpet Country regarding the purchase of Outlot D (approximately 2.95 acres) in the Northwest Commercial Park. The Council agreed to offer the 2.95 acre lot for sale to Carpet Country for $514,000. The Administrator was directed to get additional information on area fire department wages and to secure another quotation on the City Hall computer updates for the next budget meeting. The engineer was directed to contact R. J. Marco regarding the removal of the construction trailer still sitting by Culver's. aye. Berning made a motion to adjourn at 9:25 PM. Franklin seconded the motion. All voted Scott Wallace, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE *Check Detail Register© jk September 2002 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 016682 09/03/2002 ALPINE HOMES G 101-22800 Landscaping Escrow $2,750.00 13851 5439 Kalland Avenue Total ALPINE HOMES $2,750.00 Paid Chk# 016683 09/03/2002 ASHLEY ELECTRIC E 101-42000-404 Repair/Maint - Machinery/Equip $62.62 1883 Cord Reals - Cord Ends Total ASHLEY ELECTRIC $62.62 Paid Chk# 016684 09/03/2002 B & B MASONRY E 101-43100-402 Repair/Maint - Sidewalks $750.00 02AUG10 Sidewalk -curb Kalland Total B & B MASONRY $750.00 Paid Chk# 016685 09/03/2002 CHRISTIAN BUILDERS G 101-22800 Landscaping Escrow $2,750.00 13825 1510 53rd Street G 101-22800 Landscaping Escrow $2,750.00 13847 563-5597 Lachman Ave G 101-22800 Landscaping Escrow $2,750.00 13850 11442 53rd Street Total CHRISTIAN BUILDERS $8,250.00 Paid Chk# 016686 09/03/2002 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $464.00 7042 Animal Control Service Total CITY OF MONTICELLO $464.00 Paid Chk# 016687 09/03/2002 CITY OF OTSEGO E 101-43100-401 Repair/Maint - Unpaved $2,526.70 02AUG23 Dust Control on 70th Street Total CITY OF OTSEGO $2,526.70 Paid Chk# 016688 09/03/2002 DAVIS, ARIN E 101-42000-331 Travel Expenses $486.40 1885 Mileage - books Total DAVIS, ARIN $486.40 Paid Chk# 016689 09/03/2002 DELTA DENTAL E 101-41400-131 Employer Paid Health E 601-49450-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) E 101-43100-130 Employer Paid Ins (GENERAL) E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41300-131 Employer Paid Health G 101-20801 Inspection Fees Payable Total DELTA DENTAL Paid Chk# 016690 09/03/2002 EAGLE CREST $103.80 September 200 Dental Insurance - Office $51.90 September 200 Dental Insurance - WWTF/PW $51.90 September 200 Dental Insurance - Water/PW $51.90 September 200 Dental Insurance - PW/PW $51.90 September 200 Dental Insurance - Parks/Parks $51.90 September 200 Dental Insurance - Admin $51.90 September 200 Dental Insurance - Bldg Inspec $415.20 G 101-22800 Landscaping Escrow $2,750.00 420402 10101-10107 Karston Ave G 101-22800 Landscaping Escrow $2,750.00 420435 10126 & 10128 Karston Ave G 101-22800 Landscaping Escrow $2,750.00 420444 10130 & 10132 Karston Ave Total EAGLE CREST $8,250.00 Paid Chk# 016691 09/03/2002 ESCHELON TELECOM, INC. E 101-41940-321 Telephone $22.45 September200 Phone - CH Internet Sery Total ESCHELON TELECOM, INC. $22.45 Paid Chk# 016692 09/03/2002 FRANKLIN OUTDOOR SIGN CO. E 101-41100-300 Professional Srvs (GENERAL) $424.00 01516 Advertising "Lots for Sale" Total FRANKLIN OUTDOOR SIGN CO. $424.00 Paid Chk# 016693 09/03/2002 FRONTLINE PLUS FIRE & RESCUE E 101-42000-200 Office Supplies (GENERAL) $175.00 8255 5" cap & cable CITY OF ALBERTVILLE 08/30/02 9:37 AM Page 2 *Check Detail Register© September 2002 Check Amt Invoice Comment Total FRONTLINE PLUS FIRE & RESCUE $175.00 Paid Chk# 016694 09/03/2002 GOPHER STATE ONE -CALL E 602-49400-209 Locates $310.00 2070103 Locates - Water Dept Total GOPHER STATE ONE -CALL $310.00 Paid Chk# 016695 09/03/2002 HERMANSON HOMES G 101-22800 Landscaping Escrow $3,000.00 13803 246 Kahl Avenue Total HERMANSON HOMES $3,000.00 Paid Chk# 016696 09/03/2002 KENCO G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow G 101-22800 Landscaping Escrow $2,750.00 13826 $2,750.00 13841 $2,750.00 420422 $2,750.00 495997 Total KENCO $11,000.00 10388 Karston Avenue 10349 Karston Court 5493 Jason Court 10396 Karston Avenue Paid Chk# 016697 09/03/2002 LARSON PUBLICATIONS E 10141100-351 Legal Notices Publishing $436.74 July/Aug 2002 Legal Notices Total LARSON PUBLICATIONS $436.74 Paid Chk# 016698 09/03/2002 LEAGUE OF MINNESOTA CITIES E 101-41400-208 Training and Instruction $160.00 1-000011624 2002 Clerks Institute Total LEAGUE OF MINNESOTA CITIES $160.00 Paid Chk# 016699 09/03/2002 MEDICA E 601-49450-130 Employer Paid Ins (GENERAL) $853.40 August 2002 Medical Ins-WWTF/PW E 101-45100-130 Employer Paid Ins (GENERAL) $853.40 August 2002 Medical Ins - Parks/Parks E 101-43100-130 Employer Paid Ins (GENERAL) $853.40 August 2002 Medical Ins - PW/PW E 602-49400-130 Employer Paid Ins (GENERAL) $853.40 August 2002 Medical Ins - Water/PW E 101-41300-131 Employer Paid Health $853.40 August 2002 Medical Ins -Administrator E 101-41400-131 Employer Paid Health $1,706.79 August 2002 Medical ins -Office Staff G 101-20801 Inspection Fees Payable $853.40 August 2002 Medical Ins -Bldg Inspec Total MEDICA $6,827.19 Paid Chk# 016700 09/03/2002 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $134.00 126483 Testing Services E 601-49450-218 Testing Expenses $128.00 126668 Testing Services E 601-49450-218 Testing Expenses $134.00 126708 Testing Services E 601-49450-218 Testing Expenses $18.00 126886 Fecal Coliform Testing Total MIDWEST ANALYTICAL SERVICES $414.00 Paid Chk# 016701 09/03/2002 MINNESOTA PLAYGROUND, INC. E 101-45100-530 Improvements Other Than Bidgs $400.44 2002282 Bench(es) Total MINNESOTA PLAYGROUND, INC. $400.44 Paid Chk# 016702 09/03/2002 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $57.00 311 Animal Control -Stray Animal Total MONTICELLO ANIMAL CONTROL $57.00 Paid Chk# 016703 09/03/2002 NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $16.00 August 2002 NCPERS Insurance Prem Total NCPER S GROUP LIFE INSURANCE $16.00 Paid Chk# 016704 09/03/2002 PERFORMANCE PLUS BUILDERS G 101-22800 Landscaping Escrow $3,000.00 13853 10559 51st Street Total PERFORMANCE PLUS BUILDERS $3,000.00 CITY OF ALBERTVILLE 08/30/02 9:37 AM Page 3 *Check Detail Register© September 2002 Check Amt Invoice Comment Paid Chk# 016705 09/03/2002 PORTABLES PLUS SANITATION E 101-45100-415 Other Equipment Rentals $285.20 107198 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $285.20 Paid Chk# 016706 09/03/2002 RELIANT ENERGY/MINNEGASCO E 601-49450-383 Gas Utilities $47.36 Gas Utilities -Sewage Plant Total RELIANT ENERGY/MINNEGASCO $47.36 Paid Chk# 016707 09/03/2002 S. E. H. E 445-49000-303 Engineering Fees $456.21 90163 Albertville Crossings E 445-49000-303 Engineering Fees $10,800.00 90164 Frontage Road - Albertville Cr E 447-49000-303 Engineering Fees $5,950.00 90165 CSAH 19 /57th Street Light E 438-49000-303 Engineering Fees $592.32 90166 C C So. 7th E 101-41700-303 Engineering Fees $787.32 90298 PW Facility Space Needs E 101-41700-303 Engineering Fees $900.00 90301 Lot Surveys E 101-41700-303 Engineering Fees $1,487.36 90305 Polte Homes Development E 101-41700-303 Engineering Fees $1,608.70 90306 Street Overlay 2002 E 438-49000-303 Engineering Fees $1,072.93 90307 CC S 5th E 453-49000-303 Engineering Fees $109.68 90308 Kollville 2nd E 463-49000-303 Engineering Fees $859.93 90309 1-94 Frontage Road E 463-49000-303 Engineering Fees $3,223.22 90310 Darkenwald Commercial Park E 463-49000-303 Engineering Fees $27,290.00 90311 2001 NW Commercial Park E 450-49000-303 Engineering Fees $14,387.81 90312 AV 4th Addition E 457-49000-303 Engineering Fees $253.10 90313 Heuring Meadows E 450-49000-303 Engineering Fees $1,484.08 90314 A V 3rd E 438-49000-303 Engineering Fees $358.14 90315 C C No 3rd E 450-49000-303 Engineering Fees $235.84 90316 A V 2nd E 461-49470-300 Professional Srvs (GENERAL) $1,719.43 90317 Towne Lakes E 101-41700-303 Engineering Fees $7,349.33 90498 General Services Total S. E. H. $80,925.40 Paid Chk# 016709 09/03/2002 U. S. BANK E 355-47000-601 Debt Sry Bond Principal $87.50 1211537 Opening Balance Total U. S. BANK $87.50 Paid Chk# 016710 09/03/2002 VERIZON E 101-42000-321 Telephone $15.34 September 200 Phone - Fire Dept Total VERIZON $15.34 Paid Chk# 016711 09/03/2002 WRIGHT COUNTY ASSESSOR R 355-36100 Special Assessments $755.07 Pay off Delinquent W & S balan Total WRIGHT COUNTY ASSESSOR $755.07 Paid Chk# 016712 09/03/2002 WRIGHT HENNEPIN ELECTRIC E 601-49450-381 Electric Utilities $203.54 August 2002 E 101-43160-381 Electric Utilities $46.39 August 2002 Total WRIGHT HENNEPIN ELECTRIC $249.93 10100 Security State Bank $132,563.54 FILTER: None Electric -Towne Lakes -Lift Stat Street Lighting - 58-59-60 St. r t ME 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: August 28, 2002 RE: Letter of Credit Reduction Kollville Estates Second Addition Albertville, Minnesota SEH No. A-ALBEV0211.00 14 320.229.4301 FAX I have reviewed the work completed to date and recommend that the letter of credit be reduced to no less $25,000. c: Mike Couri, City Attorney Scott Dahlke, Quality Site Design, LLc g:\sccv\pers\carlsonUmllvilleescrow.doc Short Elliott Hendrickson Inc. 0 Your Trusted Resource 0 Equal Opportunity Employer 1 r MEMO 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: August 28, 2002 RE: Letter of Credit Reduction Cedar Creek South 5t' Addition Albertville, Minnesota SEH No. A-ALBEV0213.00 14 Ila 320.229.4301 FAX I have reviewed the work completed to date and recommend the letter of credit for the municipal improvements be reduced to no less than $19,500. c: Mike Couri, City Attorney Don Jensen, Pilot Land Development gAsccv\perskar1son\ccs5th.doc Short Elliott Hendrickson Inc. Your Trusted Resource 0 Equal Opportunity Employer t 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: August 29, 2002 RE: Letter of Credit Reduction Cedar Creek South 7t' Addition Albertville, Minnesota SEH No. A-ALBEV0203.00 14 MEr Yd 320.229.4300 800.572.0617 320.229.4301 FAX I have reviewed the work completed to date for the above referenced project and recommend that the letter of credit for the municipal improvements be reduced to no less than $17,900. The letter of credit for driveways, landscaping and irrigation should remain in -place at $105,000. c: Mike Couri, City Attorney Don Jensen, Pilot Land Development S:\sccv\pers\carlson\ccs7credit.doc Short Elliott Hendrickson Inc. Your Trusted Resource 0 Equal Opportunity Employer � C A AdW AdmW ASEN MEN; 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.Ou i, TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: August 29, 2002 RE: Letter of Credit Reduction Cedar Creek North 3rd Addition Albertville, Minnesota SEH No. A-ALBEV0102.00 14 I have reviewed the work completed to date for the above referenced project and recommend that the letter of credit be reduced to no less than $31,965. c: Mike Couri, City Attorney Don Jensen, Pilot Land Development g:\w,\,\pers\culson\ccn3 credit. doc Short Elliott Hendrickson Inc. • Your Trusted Resource 0 Equal Opportunity Employer 1 Minnesota Lawful Gambling LG240B - Application to Conduct Excluded Bingo If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Previous authorization number, if any x IS -'mill q-d Organization Name (as it appears on documentation filed with Minnesota Secretary of State or Internal Revenue Service C iV j �� y5 ti-- r Street .� t r 5� 5 �t►� S-f- N E City State Zip code County Type of nonprofit organization (check one): ® Fraternal M Veteran Religious rl Other nonprofit organization Type of prof of nonprofit - attach a copy (see instructions): Certificate of Good Standing - Minnesota Secretary of State's Office Internal Revenue Service Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No--L Yes if yes, list the dates that bingo was conducted The bingo event will be one of four or fewer bingo events held this year. Date(s) of bingo event(s) M L) lr hm b-e it u - OR - The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair Date(s) of bingo event State Fair Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of person in charge of the bingo events Daytime Phone () Premises Where Excluded Bingo Will Be Conducted Name of premises �_ (1 +IsPa C) n i Street address 1 ILI'5 tree4 Aft City or township County r 1c, Be sure to complete page 2 1 LG240B -Application to Conduct Excluded Bingo Page 2 of 2 /oo Organization Name C- Tldc, fr"i 2,14W_WL/&(%)aI l 7 7 Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief Executive Officers signature Phonenumber(I�) % Name (please print) , ,. h LJ •e 4 S C'_ Er 6 pcc Date Local Unit of Government Acknowledgment and Approval If the gambling premises Is within city limits, the city must sign this application. On behalf of the city, I hereby approve this application, for excluded bingo activity at the premises located Print name of city within the city's jurisdiction. Signature of city personnel receiving application Title Date If the gambling premises is located In a township, both the county and township must sign this application. For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. sec. 349.213, subd. 2). Title Date / / For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at Print name of county the premises located within the county's jurisdiction. (Signature of county personnel receiving application) Title Date / / This form wiN be m available in alternative format Q(a Braille) upon request. The information requested on this form(and arty attachments) wiN be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities In Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this it fomnation, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you an authorization. If you supply the information requested, the Board will be able to process your application. Your name and your organization's name and address will be public k6nmation when received by the Board. All the other iMonnotion that you provide wiN be private data about you until the Board issues your authorization. When the Board Issues your authorization, all of the Information that you have provided to the Board to the process of applying for vour authorization WIN become public. If the Board does not issue you an authorization, all the information you have provided in the process of appyirg for an authorization remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the Information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue, the Minnesota legislative Auditor, national and intemational gambling regulatory agencies; anyone pursuant to court order, other individuals and agencies that are specifically authorized by state or federal law to have access to the information; Individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent (Mail Application and Attachment(s) I Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN 551.13 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. LG240B - Application to Conduct Excluded Bingo - Instructions 8M When May Excluded bingo (without a license) may be conducted: Excluded Bingo - by an organization that conducts four or fewer bingo occasions in a calendar year; or be Conducted? - in connection with a county fair, the state fair or a civic celebration if it is not conducted for more that 12 consecutive days in a calendar year. Completion of Complete the application, and attach proof of your organization's nonprofit status from either Application the IRS or the Minnesota Secretary of State. Minnesota Secretary of State Certificate of Good Standing - Nonprofit Articles of incorporation OR Attach a copy of your organization's Certificate of Good Standing (317A) showing incorporation as a nonprofit organization. This certificate can be obtained from the Minnesota Secretary of State: Minnesota Secretary of State Business Services Division 180 State Office Building St. Paul, MN 55155 Phone: 651-296-2803 IRS Income Tax Exemption Under a national organization If your organization falls under a national organization, attach both of the following: 1. a copy of the IRS letter showing that your national organization has been a registered nonprofit 501(c) organiza- tion and carries a group ruling, and 2. a copy of the charter, or letter from your national organization, recognizing your organization as a subordinate. Not under a national organization If your organization does not fall under a national organization, attach a copy of the IRS income tax exemption [501(c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Phone: 513- 684-3957 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Authorization to You will receive a document from the Gambling Control Board containing your authorization Conduct Excluded number for the gambling activity. Bingo NOTE: Gambling activity conducted without written authorization from the Gambling Control Board will be referred to the Department of Public Safety, Alcohol & Gambling Enforcement Division. Recordkeeping Your organization must keep your bingo records for 3-1/2 years. Questions? Contact the Gambling Control Board at 651-639-4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639- 4000. Check our web site at www.gcb.state.mn.us. This form will be made available in alternative format (i.e. large print, Braille) upon request. Crry of ALazaTvn.t a TO: Mayor an City Cow" FROM. Tian Gufmwt4 Pubiie Works Supervbor DATE: Ampixt 39, 2002 SUBJECT: Pubiir WOt`kwfo1'ks Q Rmport :_3 s `! X_ =Y.l.=" .W= received +d threequotes for 't t t: f 5 ofthetennisand datii. ;r: courts at Four SeasonPark .-r and theba*etbaHc! court :t the City Park. 1. McBrom Construe" Now London, MN $13,600 2. Blacktop Repair Service., Anoka,N # 1 All dw bids include two (2) coals of filler, two (2) costs of color and striping. W,},d! li ! -j V_M.Y. } f; } : # !}rr_d; to #ja# ►' # f,d &WSWs C \#Ay DOGBOAMOTAW Web 2rpmWW-PR,.Rmpwt09-M42.dx Crrr of At aizR MEMO RAA% To: Mayor awl City Council FROM d n M Wastewater Department DATE: Augnt301,2M SUBJE ,~rz W Treatment Facdky Report The dirt work is completed at the Wastewater Treat Plant site. We are doing some tree and brush c1caring. Tire week of September Yd -- P we will be removing the old The new few will be installed, weadw permitting, &e week of September 90. i 1k August 5, 2002 Via Messenger Ms. Linda Goeb City of Albertville 5975 Main Ave. N.E. Albertville, MN 55301 Re: Final Plat Submittal — Towne Lakes 2nd Dear Ms. Goeb: We are pleased to submit the following items for consideration at the August 19, 2002 City Council meeting. 1. Completed Zoning Request Application and fee. 2. Eight sets of final plat and 1-11"x17" reduction 3. Grading/Development plans 4. Lot area tabulation sheet. If you will recall this project received preliminary plat approval back on August 21, 2000 and final plat approval for Phase I on July 2, 2001. We would like to proceed with development of phase 2 of Towne Lakes this fall. Therefore, we respectfully request the City Council review and hopefully approve our submission. An updated copy of the title commitment will be forwarded shortly as well as the construction plans for the streets and utility improvements for approval. Please forward a copy of the development agreement as soon as it becomes available. On a footnote we are also in process of submitting to the city a concept plan for development of the Vetsch parcel to review and comment on. We understand the city's concern for a second access to Towne Lakes and we are proceeding ahead with development of the Vetsch site to satisfy that concern. It is our intent to have the 2"d access point constructed sometime next spring. Thank you for your consideration in this matter. Sincerely ,-10� 4�� David Hempel Project Manager CPDC CorporkOffices: The Quadrant Building - 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428 phone: (763)971-0477 - fax: (763)971-0576 - email: cpdc@schererbros.com 99360.02-FINALPLATAREA.tXt August 5, 2002 --------------------------------------------------------------------------- Parcel name: B1L1 Perimeter: 426.0544 Area: 10,834.3 sq.ft. 0.249 acres --------------------------------------------------------------------------- Parcel name: B1L2 Perimeter: 441.0570 Area: 11,281.2 sq.ft. 0.259 acres Parcel name: B2L1 Perimeter: 497.9570 Area: 13,477.5 sq.ft. 0.309 acres --------------------------------------------------------------------------- Parcel name: B2L2 Perimeter: 408.2282 Area: 9,989.2 sq.ft. 0.229 acres --------------------------------------------------------------------------- Parcel name: B20 Perimeter: 472.9458 Area: 13,576.8 sq.ft. 0.312 acres --------------------------------------------------------------------------- Parcel name: B2L4 Perimeter: 434.7803 Area: 11,611.7 sq.ft. 0.267 acres Parcel name: B2L5 Perimeter: 417.3964 Area: 10,418.0 sq.ft. 0.239 acres Parcel name: B2L6 Perimeter: 422.5902 Area: 10,613.3 sq.ft. 0.244 acres --------------------------------------------------------------------------- Parcel name: B3L1 Perimeter: 426.1567 Area: 10,825.2 sq.ft. 0.249 acres Page 1 � r t 99360.02-FINALPLATAREA.txt --------------------------------------------------------------------------- Parcel name: BR2 Perimeter: 424.6244 Area: 10,744.0 sq.ft. 0.247 acres --------------------------------------------------------------------------- Parcel name: B30 Perimeter: 430.8644 Area: 11,032.3 sq.ft. 0.253 acres Parcel name: B4L1 Perimeter: 590.6561 Area: 19,204.5 sq.ft. 0.441 acres --------------------------------------------------------------------------- Parcel name: B4L2 Perimeter: 541.0395 Area: 14,578.3 sq.ft. 0.335 acres --------------------------------------------------------------------------- Parcel name: B40 Perimeter: 544.6845 Area: 15,283.4 sq.ft. 0.351 acres --------------------------------------------------------------------------- Parcel name: B4L4 Perimeter: 645.7959 Area: 25,312.0 sq.ft. 0.581 acres --------------------------------------------------------------------------- Parcel name: B5L1 Perimeter: 396.2890 Area: 9,290.8 sq.ft. 0.213 acres --------------------------------------------------------------------------- Parcel name: B5L2 Perimeter: 413.2246 Area: 9,971.4 sq.ft. 0.229 acres Parcel name: B50 Perimeter: 414.5979 Area: 9,892.1 sq.ft. 0.227 acres Page 2 99360.02-FINALPLATAREA.txt --------------------------------------------------------------------------- Parcel name: B5L4 Perimeter: 477.0357 Area: 12,835.9 sq.ft. 0.295 acres Parcel name: B5L5 Perimeter: 417.6189 Area: 11,310.2 sq.ft. 0.260 acres --------------------------------------------------------------------------- Parcel name: B5L6 Perimeter: 400.0011 Area: 9,600.0 sq.ft. 0.220 acres --------------------------------------------------------------------------- Parcel name: B50 _ Perimeter: 469.6769 Area: 13,691.2 sq.ft. 0.314 acres Parcel name: B6L1 Perimeter: 447.8027 Area: 12,244.1 sq.ft. 0.281 acres Parcel name: B6L2 Perimeter: 404.9347 Area: 9,522.2 sq.ft. 0.219 acres Parcel name: B60 Perimeter: 447.8923 Area: 12,002.6 sq.-ft. 0.276 acres --------------------------------------------------------------------------- Parcel name: B6L4 Perimeter: 443.6308 Area: 12,025.3 sq.ft. 0.276 acres --------------------------------------------------------------------------- Parcel name: B6L5 Perimeter: 536.4154 Area: 16,324.9 sq.ft. 0.375 acres Page 3 , T l 99360.02-FINALPLATAREA.txt Parcel name: B6L6 Perimeter: 438.8153 Area: 11,000.0 sq.ft. 0.253 acres --------------------------------------------------------------------------- Parcel name: B60 Perimeter: 410.0000 Area: 10,000.0 sq.ft. 0.230 acres --------------------------------------------------------------------------- Parcel name: B6L8 Perimeter: 410.0000 Area: 10,000.0 sq.ft. 0.230 acres --------------------------------------------------------------------------- Parcel name: B6L9 Perimeter: 428.2623 Area: 11,171.8 sq.ft. 0.256 acres --------------------------------------------------------------------------- Parcel name: B6L10 Perimeter: 406.3719 Area: 9,486.6 sq.ft. 0.218 acres --------------------------------------------------------------------------- Parcel name: B7L1 Perimeter: 444.8603 Area: 11,910.8 sq.ft. 0.273 acres --------------------------------------------------------------------------- Parcel name: B7L2 Perimeter: 410.0000 Area: 10,000.0 sq.ft. 0.230 acres --------------------------------------------------------------------------- Parcel name: B7L3 Perimeter: 410.0000 Area: 10,000.0 sq.ft. 0.230 acres --------------------------------------------------------------------------- Parcel name: B8L1 Perimeter: 442.0352 Area: 11,894.9 sq.ft. 0.273 acres Page 4 T 99360.02-FINALPLATAREA.tXt --------------------------------------------------------------------------- Parcel name: B8L2 Perimeter: 430.5480 Area: 11,175.1 sq.ft. 0.257 acres --------------------------------------------------------------------------- Parcel name: B80 Perimeter: 417.7611 Area: 10,727.3 sq.ft. 0.246 acres Parcel name: B8L4 Perimeter: 404.1948 Area: 9,702.3 sq.ft. 0.223 acres Parcel name: B8L5 _ Perimeter 404.1948 Area: 9,702.3 sq.ft. 0.223 acres --------------------------------------------------------------------------- Parcel name: B8L6 Perimeter: 404.1948 Area: 9,702.3 sq.ft. 0.223 acres --------------------------------------------------------------------------- Parcel name: B8L7 Perimeter: 404.1948 Area: 9,702.3 sq.ft. 0.223 acres --------------------------------------------------------------------------- Parcel name: B8L8 Perimeter: 404.1948 Area: 9,702.3 sq.ft. 0.223 acres --------------------------------------------------------------------------- Parcel name: B8L9 Perimeter: 404.1948 Area: 9,702.3 sq.ft. 0.223 acres Parcel name: B9L1 Perimeter: 476.1029 Area: 13,362.1 sq.ft. 0.307 acres Page 5 99360.02-FINALPLATAREA.txt --------------------------------------------------------------------------- Parcel name: B9L2 Perimeter: 478.0738 Area: 13,205.0 sq.ft. 0.303 acres --------------------------------------------------------------------------- Parcel name: B90 Perimeter: 507.5228 Area: 14,982.4 sq.ft. 0.344 acres --------------------------------------------------------------------------- Parcel name: B9L4 Perimeter: 611.2911 Area: 20,937.9 sq.ft. 0.481 acres --------------------------------------------------------------------------- Parcel name: B9L5 Perimeter: 569.3415 Area: 15,223.6 sq.ft. 0.349 acres --------------------------------------------------------------------------- Parcel name: B10L1 Perimeter: 447.1516 Area: 11,862.3 sq.ft. 0.272 acres --------------------------------------------------------------------------- Parcel name: B10L2 Perimeter: 432.5393 Area: 11,349.1 sq.ft. 0.261 acres --------------------------------------------------------------------------- Parcel name: B100 Perimeter: 485.3412 Area: 11,865.8 sq.ft. 0.272 acres --------------------------------------------------------------------------- Parcel name: B10L4 Perimeter: 484.0142 Area: 13,332.3 sq.ft. 0.306 acres Parcel name: B10L5 Perimeter: 448.2608 Area: 11,697.0 sq.ft. 0.269 acres Page 6 99360.02-FINALPLATAREA.tXt --------------------------------------------------------------------------- Parcel name: B10L6 Perimeter: 449.9778 Area: 11,730.8 sq.ft. 0.269 acres --------------------------------------------------------------------------- Parcel name: B10L7 Perimeter: 544.1598 Area: 15,982.7 sq.ft. 0.367 acres --------------------------------------------------------------------------- Parcel name: B10L8 Perimeter: 577.4050 Area: 14,867.0 sq.ft. 0.341 acres Parcel name: B10L9 Perimeter: 517.6282 Area: 15,305.7 sq.ft. 0.351 acres --------------------------------------------------------------------------- Parcel name: BlOL10 Perimeter: 647.8409 Area: 25,049.6 sq.ft. 0.575 acres --------------------------------------------------------------------------- Parcel name: BlOL11 Perimeter: 664.5197 Area: 25,407.4 sq.ft. 0.583 acres --------------------------------------------------------------------------- Parcel name: BlOL12 Perimeter: 568.5193 Area: 15,990.4 sq.ft. 0.367 acres --------------------------------------------------------------------------- Parcel name: BlOL13 Perimeter: 554.7524 Area: 15,692.0 sq.ft. 0.360 acres Parcel name: BlOL14 Perimeter: 558.8266 Area: 16,950.1 sq.ft. 0.389 acres Page 7 x 99360.02-FINALPLATAREA.tXt --------------------------------------------------------------------------- Parcel name: B11L1 Perimeter: 415.2602 Area: 10,176.4 sq.ft. 0.234 acres Parcel name: B11L2 Perimeter: 416.1932 Area: 10,300.7 sq.ft. 0.236 acres --------------------------------------------------------------------------- Parcel name: B110 Perimeter: 419.4220 Area: 10,400.2 sq.ft. 0.239 acres --------------------------------------------------------------------------- Parcel name: B11L4 Perimeter: 430.4922 Area: 10,845.3 sq.ft. 0.249 acres Parcel name: B11L5 Perimeter: 448.9409 Area: 11,589.6 sq.ft. 0.266 acres --------------------------------------------------------------------------- Parcel name: B11L6 Perimeter: 458.9431 Area: 12,111.4 sq.ft. 0.278 acres --------------------------------------------------------------------------- Parcel name: B11L7 Perimeter: 487.8918 Area: 12,961.9 sq.ft. 0.298 acres Parcel name: B11L8 Perimeter: 442.7053 Area: 12,876.4 sq.ft. 0.296 acres --------------------------------------------------------------------------- Parcel name: B11L9 Perimeter: 429.4001 Area: 10,776.0 sq.ft. 0.247 acres Page 8 99360.02-FINALPLATAREA.tXt Parcel name: B11L10 Perimeter: 429.9445 Area: 10,778.9 sq.ft. 0.247 acres Parcel name: B11L11 Perimeter: 442.8985 Area: 11,532.8 sq.ft. 0.265 acres --------------------------------------------------------------------------- Parcel name: BOUNDARY Perimeter: 10615.5046 Area: 2,340,634.3 sq.ft. 53.734 acres --------------------------------------------------------------------------- Parcel name: LAKETOWNE Perimeter: 1762.8472 Area: 43,125.3 sq.ft. 0.990 acres --------------------------------------------------------------------------- Parcel name: LAKSPUR/LAKEVIEW Perimeter: 4069.5598 Area: 109,082.4 sq.ft. 2.504 acres Parcel name: LILAC Perimeter: 756.3079 Area: 15,440.4 sq.ft. 0.354 acres Parcel name: OUTLOT A Perimeter: 5755.3595 Area: 693,667.7 sq.ft. 15.924 acres --------------------------------------------------------------------------- Parcel name: OUTLOT B Perimeter: 1443.9774 Area: 72,169.4 sq.ft. 1.657 acres --------------------------------------------------------------------------- Parcel name: OUTLOT C Perimeter: 292.6968 Area: 5,740.1 sq.ft. 0.132 acres Page 9 t 99360.02-FINALPLATAREA.tXt Parcel name: OUTLOT D Perimeter: 539.7385 Area: 4,985.0 sq.ft. 0.114 acres Parcel name: OUTLOT E Perimeter: 430.6949 Area: 9,875.2 sq.ft. 0.227 acres Parcel name: OUTLOT F Perimeter: 611.3781 Area: 15,159.3 sq.ft. 0.348 acres Parcel name: OUTLOT G Perimeter: 802.2753 Area: 35,202.0 sq.ft. 0.808 acres Parcel name: PARK Perimeter: 3425.1250 Area: 316,440.9 sq.ft. 7.264 acres Parcel name: STREET Perimeter: 3830.9120 Area: 93,270.5 sq.ft. 2.141 acres Page 10 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville City Council FROM: Al Brixius DATE: August 29, 2002 RE: Albertville — Towne Lakes 2"d Addition Final Plat/Final PUD and Rezoning FILE: 163.06 — 02.19 BACKGROUND Contractor Property Developers Company (CPDC) has submitted an application for final plat, final plan PUD and rezoning for the second phase of the Town Lakes development. The request is being made to allow for the development of Towne Lakes 2"d Addition which will result in the platting of 74 single family lots, a park and several drainage and utility easements and open space area. A detailed landscape has also been submitted, illustrating how the Larkspur Green, Larkspur Park Overlook and Lakeside Overlook will be landscaped as well as the proposed street corridor and Shoreland Conservation Easement area planting treatments. A number of trails and sidewalks will also be constructed as part of the Second Addition. The City Council approved the preliminary plat and development plan in 2000, a copy of the findings and staff report are included here for background information. Consistent with similar applications, the Council took action to conceptually approve the rezoning with the preliminary plat. However, adoption of the ordinance to rezone the property occurs with the final plat and as such, an ordinance to rezone the site is attached with this request for Council Action. ISSUES AND ANALYSIS Comprehensive Plan. The Land Use Plan currently designates this site for low -density residential use. The overall PUD and preliminary plat density is 1.75 units per acre, which is consistent with the existing land use designation. Rezoning/Planned Unit Development. The property is currently zoned R-1A and is proposed to be rezoned to Planned Unit Development (PUD). PUD zoning is necessary to allow flexibility in lot area and dimension, reduced setbacks, common facilities to be maintained by a homeowners association, reduced right-of-way widths and street designs and flexibility under the Shoreland regulations. The R-1A zoning remains as the underlying zone for regulations not specifically modified in the PUD approval. Final Plat. The final plat is the second phase of the development and includes 74 single-family lots and several outlots designated for open space, ponding and park_ . The plat as submitted is generally consistent with the approved preliminary plat. RECOMMENDATION Staff recommends approval of the final plat as outlined in the attached findings of fact. Staff further recommends that the Council adopt the ordinance to rezone the property. Attachments: 1. Ordinance rezoning the site to PUD. 2. Draft Findings of Fact and Decision for Final Plat and Final PUD plan. CC Linda Goeb, Mike Couri, Pete Carlson, Contractor Property Developers Company, Westwood Professional Services Inc. CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2002- / % 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 following legally described property is hereby rezoned from R-lA, Low Density Single Family to PUD, Planned Unit Development. Legal Description: Outlot I, Towne Lakes 2nd Addition, according to the recorded plat thereof, Wright County, Minnesota. SECTION 2. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 3`d day of September, 2002. Attest: IM Linda Goeb, City Administrator CITY OF ALBERTVILLE I Scott Wallace, Mayor EXHIBIT B TOWNE LAKES 2ND ADDITION FINAL PLAT (4 pages) O� O ` O b 3s � a y° O � N O O G � o i v m v e O N ° O C !A h � O U y O O � m E 4 c e m G u.c c U o u� U U •C U � m U •C � b L a +'C.. 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D 00 � t116\N $br \ : o \ \ r Cl)i\ \� C 1 I ' n i J t / D° \ / oh /rNN rNN l \S °4a }i� 4• — ` 6 �D, •roc\\°`' // ,f / m j �/ 20� \\ ° j°�R•61 41 °4R02}0.00 ; i�9q}g2'�\ \\\ // ��' qtiL` IFI O b NFroo6� ` \ t1'L -7 "% V• j6 iA6.02_ _ i ' 1� 12q }'S2 \ \$ 0� c I u c U 26 \r °\ii\r W\\d Ol -�I �i Coll - AI =fi •umi .c3 v miry �I I� �1 \� \, gh• �y6 / / IfI e a rNe �I I^ Z\ \\ � •5�0�. / / c �n� � N" a �°u1 o a a Oew NO 612 5o 0 �} 94.8 I o 41 01-1 U c6 •Mp�S a o z / / I •mcS° / If v r 0 r b h EXHIBIT C TOWNE LAKES 2ND ADDITON — LANDSCAPE PLAN (1 Sheet) ;BEEN DETAIL C. .4 .—, 6.1— Oiw, GOPHER STATE ONE CALL T.. 01, -. 65-5-0002 - - -- - -- - -- - 7-W PLANTING DBTAnS Westwood Pmfessinflal Services, Inc 7s" LAKESIDE OVERLOOK DETAIL —owne Lakes Addition CZ L Un— LATWr IRVISION OATS SM102 Final Landscape Plan EXHIBIT D TOWN LAKES - PRELIMINARY PLAT/DEVELOPMENT STAGE PUD FINDINGS OF FACT (8/21/02) CITY OF ALBERTVILLE 9-3-02 City Council Findings of Fact and Decision Final Plat Final Plan_— PUD Applicant Name: Contractor Properly Developers Company (CPDC) Request: CPDC has submitted an application for final plat and final PUD plan. The request is being made to allow for the development of Phase Two of the Towne Lakes Neighborhood and is to include the development of 74 single-family lots and related improvements. City Council Meeting Date: September 3, 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 site is attached as Exhibit A. b. The final plat is attached as Exhibit B. C. The Towne Lakes Second Addition Landscape Plan is attached as Exhibit C. d. The City Council Findings of Fact for the Towne Lakes preliminary plat is attached as Exhibit D. e. The Planning Report dated August 29, 2002, and prepared by NAC Inc., is incorporated herein. f. The proposed use is consistent with the Albertville Comprehensive Plan Land Use Plan. g. The Zoning District designation for the subject site is changed from R-1A to PUD pursuant to City of Albertville Ordinance 2002- h. Approval of a CUP/PUD for the subject site was granted by the City Council subject to the provisions and considerations outlined in the Findings of Fact and Decision adopted August 21, 2001. The final plat of Towne Lakes Second Addition is in substantial compliance with the approved CUP/PUD and preliminary Plat. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the final plat and final PUD plan based on the most current plans and information received to date subject to the following conditions. 1. All conditions of the decision dated August 21, 2000 remain in full force and effect. 2. City Engineer approval of all plans and easements. 3. City Attorney approval of the final plat and all associated documents. 4. The development agreement is executed and recorded at Wright County. 5. The Final Plat is recorded at Wright County. Adopted by the Albertville City Council on this 3rd day of September 2002. Attest: Linda Goeb, City Administrator City of Albertville By: Scott Wallace, Mayor EXHIBIT A TOWNE LAKES 2ND ADDITION — LEGAL DESCRIPTION Outlot I, Towne Lakes 2Id Addition, according to the recorded plat thereof, Wright County, Minnesota. CITY OF ALBERTVILLE City Council Findings of Fact and Decision Preliminary Plat Final Plat Applicant Name: City of Albertville Request: The City of Albertville has submitted an application for preliminary plat and final plat. The request is being made to allow the development of Phase One of the Northwest Commercial Park and is to include Lot 1, 3.68 acres for the development of Slumberland, right-of-way for 67th Street, and five outlots. City Council Meeting Date: September 3, 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: A. The legal description of the subject property is attached as Exhibit A. B. The planning report, dated August 8, 2002 and prepared by NAC Inc., is incorporated herein. C. The proposed use is consistent with the Albertville Comprehensive Plan Land Use Plan. D. The zoning district designation for the subject site is B-3, Highway Commercial and 1-1, Light Industrial pursuant to the City of Albertville Zoning Ordinance. E. The preliminary/final plat of Northwest Commercial Park is in compliance with the City of Albertville zoning and subdivision regulations. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the preliminary/final plat based on the most current plat drawings and information received to date subject to the following conditions: 1. The final plat is recorded at Wright County. Northwest Commercial Park Findings of Fact Page 1 Adopted by the Albertville City Council this 3rd day of September 2002. ATTEST: By: Linda Goeb, City Administrator CITY OF ALBERTVILLE By: Scott Wallace, Mayor Northwest Commercial Park Findings of Fact Page 2 G Q Q Q O m SZ'Sdb 3.LZ,£1.00S o x � Sf � 66'Ylf ISf I ( i � I ; Ih ; W W C M ' K ' m I — 1 �u 1 10 O 8 T 10 ONO pl S S W N. N p In J OI ZUK 1 1 _ 1/1 1 ---------------- M.LZ,ft.00 N t01 V; o l0'SZZ M„LZ,£L.00 N of I N SE SF v°Di ON - In N 0 Oq OA • NT nroo Y II QJ- N „ wln R QJ IN n n�� o y O N N Zpfl :. N R W F u0 z8 z OD p on N e �•� SF/ pp 3 � N O x Q I/Vp Q h^ ^'! �o OD pI N 3 N £% SE v N A N• N - N w/ � W N, n, >/�. at, av Q" b - ----- I 1 I 1 1 I 1 W 8 9L'SlY M.LZ,tt.00 N 3 C3 -_=_----------------�� -----------GUEE --- -- "`-� +,,.,,^M„LZ,Et.00 N\--y 1 1 1 1 I 1 1 , 1 , 1 1 , 1 , 1 , I , I I I 1 1 , 1 , 1 , I , I , I 1 S£ I W W,y 2v F OZ 1 '• I a 4 ' 11 TI• NO O WJQ Zt-H JN 1 WO 1"---- I ,1' oCk iYor No i A �� •O .Jail �3 '70-- 'v--- -- -- ££ -----------/-ii� ----------------BZ'181 ... 1 O T N F F 3 of Mobne o8 ^No,oia J_8888 88 m o p N C N N a W, A: r H U oiO iO�nn,v= N N N N ^ V V U U U U U iagQ. o W ti 64H 1 J < O 1 O t --- Z Fi Vo t „, 1 i 2 1 O>• Z 1� ■ J a ' 2 • O „, W ¢ 2 - O O $ � o z O y I N Yj •O � O � w �oz yyj991I � = op Em � 'oA yg� 17« y°i ,8 W a G G 5C 3 (ftlaw) NORTHWEST ASSOCIATED CONSULTANTS, INC.- 5775 Wayzata Boulevard, Suite 555, St. Louis Paris, MN 55416 Telephone: 952.595.9636 Facsimile: 952.596AM37 piannersi`wnacplanning.com PLANNING REPORT TO: Albertville Mayor and City Council FROM: Aaron Jones / Alan Brixius DATE: August 28, 2002 RE: Albertville — Slumberland Outlet Center — Site Plan Review FILE NO: 163.06 — 02.17 BACKGROUND An application has been submitted by Slumberland for site plan review and conditional use permit for development of an outlet store upon City owned property in Albertville. The parcel size is 3.46 acres in size. The property is located alonCSAH 19 (La Beaux Ave NE) at the southwest corner of County Road 19 and future 67t Street. At the August 13 Planning Commission meeting, approval was gained subject to conditions that were added in order to make the site more aesthetically pleasing including landscaping along the wetland area and adjusting the exterior building construction. Additionally, plan revisions have been resubmitted that display lot realignment due to the added right-of-way along Co. Rd. 19. Attached for reference: Exhibit A Site Location Exhibit B — Site Plan Exhibit C — Elevations Exhibit D — Landscape Plan Exhibit E — Grading Plan ISSUES AND ANALYSIS Land Use/Zoning. The site is currently zoned B-3, Highway Commercial and is designated for commercial use on the City's land use plan. Lot Area, Setback, Height and Coverage Requirements. B-3 District Required Proposed Lot Area none 3.46 acres Lot Width 100 feet 375 feet Setbacks Front 35 feet 220 feet Side 20 feet 79 and 125 feet Rear 20 feet 25 feet Building Height Maximum 35 feet 34 feet Maximum Lot Coverage for 30% of lot area Under 30% Structures I I ie N1uposeu 41ipruvements are in compliance with all lot area, width, setback height, and lot coverage requirements. Site Access. There are two accesses shown onto the property, both are off of 67th Street along the north side of the property. The westerly access will include all truck movements to the rear dock area and be 24 feet wide. The easterly access will also be 24 feet wide and shall be posted for no truck access or similar language. There will be no direct access from CSAH 19. Parking. The ordinance does not specifically address furniture stores and the number of required stalls. The general retail calculation would require 1 stall per 200 sq ft of floor area. With this calculation 119 spaces would be required. According to the plans 62 stalls would be initially provided with 44 spaces available into the future. Three parking stalls are provided for disabled persons. The stall sizes are 9 feet wide and 20 feet deep and the aisles are 24 feet wide. These meet City ordinance standards. The ordinance allows the City to reduce the amount of required parking to be installed by CUP when proof of parking is provided. Building Type and Construction. The building size has been increased to 23,634 sq. ft. and will face CSAH 19. The building will have a frontal exterior appearance consisting of EIFS (Exterior Insulation Finish System) and. two colors of rockface concrete block. The building front will also have an Aluminum Storefront Glaze System. Building material for the sides and rear of the building have been changed from metal to concrete block that will be painted to match the building front. Signage. Slumberland proposes a wall sign that is approximately 240 square feet in size and one freestanding sign at 30 feet in height and approximately 225 square feet in area. This is consistent with the proposed sign ordinance amendment that was considered and approved by the Planning Commission under a separate item. Exterior Storage. No exterior storage is proposed as part of the application. There is no trash area listed upon the site plan. Clarification should be made whether trash will be contained within the building and how it will be removed. If trash is to be outside of the building it shall be within an enclosed screen. 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. 8 Patmore Ash are planned along 67th Street, and 3 Skyline Honeylocust along County Road 19. These trees will be planted so as to not interfere with projected parking spaces along the outer perimeter. One Pin Oak is proposed for the front along with 3 Swamp White Oaks within the parking median. In the rear, the 5 Austrian Pine that were proposed to line the rear docking area have been replaced with more extensive landscaping including Techny Arborvitae and Cardinal Dogwood. Additional plantings have been added at both entrances along 67th Street. 9 Serviceberry trees and Dogwood shrubs have also been added along the wetland area around the parking lot. All plantings shall meet or exceed the minimum sizes outlined. Perennial beds are listed for the front walkway area. Sod will be planted in the front and side boulevard area as well as the parking median and along the front of the building. A seed/wetland seed mixture is proposed for around the wetland on the south side of the building as well as along the western property boundary. Irrigation will be provided to all planted areas. Lighting. A parking lot lighting plan has been submitted that details the photometric area that light will cover. Boxhead fixtures on 25 and 30' poles will provide lighting around the parking lot as well as wall -mounted lighting. The lighting as originally proposed met the ordinance in that no foot-candle brightness was over 1.0 at the property borders, and this should still hold true for the newly realigned site submittal. Fire Dept. Review. Plans have been provided to the Fire Dept., no comments have been received to date. RECOMMENDATION Staff recommends approval of the Site and Building Plans dated 8/15/02 and 8/21/02 and CUP for proof of parking subject to the following conditions: 1. Parking at 52 stalls shall be permitted with proof of parking provided per the plan dated 8-21-02. Should additional parking be needed on site it shall be installed upon request of the City or if the use changes. No parking on -street or on -site outside of approved parking stalls shall be allowed. 2. All trash and recycling shall be accommodated indoors or within a fully enclosed structure, built with materials that match the building. 3. Lighting shall be shoebox or similar style fixture with downcast lighting that utilizes a recessed lens, and emits light no more than 1.0 foot-candle brightness beyond said property line. 4. Review and approval of the Fire Department. 5. Review and approval of the City Engineer. pc. Linda Goeb, City Administrator Mike Couri, City Attorney Peter Carlson, City Engineer DJ Heinle, C.M. Architecture, P.A. 4 FRGM : Cif' Architecture PHONE NO. : 612 336 2995 May. 31 2002 10:23AM P2 G4emp r ails all inn ¢1�1te�aa p �W m00 J N V Q $ 7"� 88f g 88adill � r� ■i■■E- it ■i- � E ■I ■I E. 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S ? Y, L,Ij,� ��=a!iI spa ag -5 Y '�W � �9a�iR �9�X ]�gSXg 4 i dai i ] r �WW }� jI]ryz Y^S Y W J Z T j0U DW Ij-� • � O m mi p m rc W CITY OF ALBERTVILLE City Council - Findings of Fact & Decision Site Plan CUP Applicant's Name: C.M. Architecture, P.A. - Slumberland Request: C.M. Architecture, P.A. has submitted a site plan and CUP for Slumberland. The subject site is 3.46 acres in size and is located west of County Road 19. The site is currently zoned B-3, Highway Commercial and is designated for commercial use on the City's land use plan. City Council Meeting Date: September 3, 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 as follows: Lot 1, Block 1, Northwest Commercial Park. B. The Planning Report dated August 28, 2002 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed and with an access to Co. Rd. 19. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed development will be compatible with present and future land uses of the area. H. The proposed use conforms to all applicable Zoning Ordinance performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the site plan and CUP based on the most current plans and information received to date subject to the following conditions: 1. Parking at 52 stalls shall be permitted with proof of parking provided per the plan dated 8-21-02. Should additional parking be needed on site it shall be installed upon request of the City or if the use changes. No parking on -street or orr=site outside of approved parking stalls shall be allowed. 2. All trash and recycling shall be accommodated indoors or within a fully enclosed structure, built with materials that match the building. 3. Lighting shall be shoebox or similar style fixture with downcast lighting that utilizes a recessed lens, and emits light no more than 1.0 foot-candle brightness beyond said property line. 4. Review and approval of the Fire Department. 5. Review and approval of the City Engineer. Adopted by the Albertville City Council this 3`d day of September 2002. Attest: LIM Linda Goeb, City Administrator City of Albertville By: Scott Wallace, Mayor JUL. !o. 2��? 11 ; �4M AHON ENGINEERING OF MN NO, 40" 6) IC Slumberland -- Albertville Branch Drainage Calculations Note The new Slumberland store in Albertville proposes to use the City of Albertville's wet pond on the west of'the property. This pond therefore requires expansion to cater for the additional runoff volumes from the Slumberland site. The wet pond expansion calculations were done for two scenarios. The dead storage which stores a 2 Yi " rainfall event with no outlet, and the live storage which must retain the excess nwofl' from the 100 year storm (6 " rainfall event). The excess water to be stored is the difference between pre -development runoff rates and developed runoff rates. The HydroCad computer generated storm water model was used to derive the amount of increased detention capacity that would be required. A dead storage pond was created with no outlet and received an inflow from the parking lot area under the 2 %a " rainfall. This requires an additional deed storage volume of 7159 ft for the Slumberland site (this can be seen on Page 3 of the calculation sheets). For the live storage, a dummy pond was created with the inflow from the parking lot under the 6" rainfalL The pond was ,given an outlet culvert with dimensions and slopes which limit the outflow to the parking lot areas predevelopment runoff rates. This indicates that the additional live storage required under these circumstances will be 4,303 fl (dais can, be seen on pages 1 & 2 of the calculation shwts). The volume of the dead storage of the existing pond was calculated at 120 elft. The volume of the live storage of the existing pond was calculated as 159.310/ft (see page 5 of calculation sheets). Therefore, the additional pond length required was calculated as follows: Additional Dead Storage requirement = 7159 ft3 59.65 ft 120 ft3 t ft Additional Live Storage requirement = 4303 ft3 = 27.02 ft 159.3 ft3 (fi The pond has been elongated by 60ft to satisfy the dead storage requirements. Pages 5 through 7 shows the HydroCad calculation for pipe sizing for the catch basins. tr REC4MA Y ...7 /I16 2 — - JUL. i5. 20U2 1,2:OPM LARSON ENGINEERING 0; PrN NO.9062 P. 3 Siumberiand - Albertville Type lI 24-hr Rainfall=6 00" Prepared by Larson Engineering of Minnesota Page 1 HydrQCADO 6.00 aln 001935 019e5 2001 &e011ed Mpnocomputer s stems 711512002 Subcatchment existing conditions: (new node) Runoff 3.76 cfs @ 12.07 hrs, Volume= 0.225 of Runoff by SCS TR•20 method, UH=SCS, Time Span= 0.00-20.00 hrs, dt= 0.05 hrs Type 0 24-hr Ralnfalt=6.00" Area (so) GN DesMotlon - -- - 0.920 74 To Length Slope Velodty Cepeelty Description (min) (foet) (tit) (ft/sec) (cfs) 15.0 Direst Entry. , Subcstchment parking: (new node) Runoff - 5.90 cfs 0 12.06 hra, Volume= . 0.418 of Runoff by SCS T-R-20 method, UH=SCS, Time Span= 0.00-20.00 hrs, dt= 0.05 hrs Type It 24-hr Rainfall=6.00" Area (ao) ON Descxiration 0.920 98 Tc Length Slope Velotxty Capadty Description (min) (feet) (tt/#t) (ftfsec) (cis) 15.0 . Direct Entry, - - -- -- s' JUL. 16.2002 12:HPIM LAF ON ENG[NEER!NG OF MN r • NO.99o2 P. 4 Slurnberiand -Albertville Type If 24-hrRainfafl=6.00" Prepared by Larson Engineering of Minnesota Page tr Z HAMCADO 6.00 n 001 36 01986-2001 A001ied Mi r 8yotems 7L5/2002 Pond dummy pond: (new node) Inflow 5.90 cfa @ 12.Oe hrs, Volume= 0.418 of outflow - 3.73 ds Q 12.19 hm. Volume= 0.406 af, Men= 37°l0,. Lag= 7.8 min Primary = 3- 73 ds C IZ19 hm, Volume- 0.406 of _ram Routing by Stor4nd method, Time Span= 0.00-20.00 hre, dt= 0.06 hrs 13 1 Peak Elev= 98.16' Storage= 4,303 d ' u - d L " s �7 Pluelow delention time= 46.4 min calculated for 0.406 of (97% ofInflow) Storage and wetted areas determined by prismatic sections Elevation Surf -Area Inc.Store Cum.9tone 0601 ($o-it) (cubio-fbet) (cubic -feet) 97.00 3.000 0 Q 98.00 4,000 3,500 3,500 99.00 6,000 5,000 8,500 99.70 7,000 4,550 13,050 rNmatrry OutFlow (Free Dismarge) �i �utvert # Routing invert Outlet Devices 1 Primary 97.00' 18.0" x 300.0' long Culvert Ke= 0.500 Outlet Invert= 95.W S= 0.0038'P n= 0.011 Cc= 0,900 JUL. 16. 2002 12:01PM LARSON ENGINEERING OF MN NO.9062 P. 5 Slumberiand -'Albertville Type // 24-hr Rainfall=2.50" Prepared by Larson Engineering of Minnesota page 13 sin 001938 11986-2001 Applied Microcomputer $ stem /1 Subcatchment parking: (new node) Runoff 2.4ZAG 12.06 hrs, Volume= 0.164 of Runoff by SCS TR-20 mWiod, UH=SCS, Time Spero= 0.00-20.00 hrs, dt= 0.05 hrs Type 11244hr Rainfalla2.50" Ar ac CN Des on 0.920 98 To Length Slope Velocity Capacity Description min feet tuft sec ds 15.0 Direct Entry, Pond dead storage: (new node) Inflow Z42 cis 0 12.00 hm Volume= 0.164 at Out&wv 0.00.ofs 4% 0.00 hrs. Volume= 0.000 at, Aden=100 9'. Lag= 0.0 min Routing by Stor Ind method, Time Span-- 0.00-20.00 hrs, dt= 0.05 hrs Peak Elov-101.43' Storage= ` �tivc ► ! �- Plug -Flow detention time= (riot a ) t Storage and wetted areas determined by Prismatic se:dtions Elevation Surf.Area Inc.Store Cum.Store (feet) (sct-ft) (cubic -feet) (cup --feet) 100.00 51000 0 , o 110.00 5,000 50,000 50,000 L. • R � _ir' N I r 061 P. 6 Z. ~.• rfov"Wmaty weJW48to0 SWEET r%4, OF-L"Ore no" Whu am wo "I 10 CQMM. No. 'LIDCoU © 34•. • il�1M#1-i'J�O ' eY PS QATE *M51 Larson s . tc7 �b ro ea ts7 9� S4 , 53, 3 SZ, 3 A' ,V = tox �t• t12�`i;��,'�Y�..� x�t+off + '�z� tbx t2 z I�©t�f toe Wwt -6O I, JUL. 16. 2002 12:02pm LARSON ENGINEERING OF MN . 4 NO.9062 P. 7 1 3lumberiand - Albertville Prepared by Larsen Engineering of Minnesota HydroCAM 8.00 ath 001935 01986-2001 Acolled Ubcatchment parking: (new node) Type 1124 hr Rainfalt-4.20" Page f S 711 R/9rM Runoff = 4.12 cis Q 12.06 hm, Volume= 0.288 of Runoff by SOS TR-20 method, UH=3CS, Time Span= 0.00-20.00 hrs, dt= 0.05 hrs Type 1124-hr Ralnfall4.20" Area (ac) CN description 0.920 98 Tc Length Slope Velocity Capacity Description Smin)__ (feefl (ft/ft) (ft/sec) (cfal 15.0 Oft Entry, Pond catchbasin 2 & 3: (new node) Inflow = 4.12 cfs Q 12.06 hm, Volumes 0.288 of Outflow = 4.08 cfs Q 12.06 hrs, Volume= 0.287 af, Men=1 %, Lag= 0.2 min Primary 4.08 dfs C 12.06 hrs, Volume= 0.287 of Routing by Styr -Ind rnethod, Time Span= 0.00-20.00 hrs, dt= 0.W hrs / 2 Peak Bev= 96.61' Storage= 34 cf Plug -Flow detention time-1.4 min calculated for 0.287 of (100% of inflow Storage and wetted areas determined by Prismatic sections Elevation SurF.Area Inc.Store Cum.3tore (feet} (s ft) (cubic -feet) (cubic -feet) 94.00 13 0 0 98.00 13 52 52 Primary OutFiow (Free Discharge) t-1=Culvert 0. Routln� Invert Outlet Devices 1 Primary 94.00' 12.0" x 2100 long Culvert Ke= 0.500 Outlet Invert- 93.00' S- 0.0048 Y n= 0.011 Cc= 0.900 Pond dead storage: (new node) Routing by Stor-Ind method Peak Elev= 0.00' Storage= 0 of Plug -Flow detention time= (not calculated) Storage and wetted areas determined by Prismatic sections 0 JUL.16.2002 12:03FM LARSON ENGINEERING OF MN NO.9062 P. 8 Slumberland " Albertville Type It 24-hr Rainfaffi=4.20" Prepared by Larson Engineering of Minnesota Page or WdmCAC* 8.00 Vn 001935 0198&2001 Applied Ncm=Muter SVSteTIS 711�,002 Elevation SurEAres Inc.SDae Cum.Store -- (feed tea-tt) (mic-feet) (cubic -feet) 100.00 51000 0 0 110.00 51000 50,000 50,000 r- • JUL. 16. 2002 12:03PH I AR.- . ENG NEERiN5 OF MN Slumberfand -Albertville Prepared by Larson Engineer tJa.Ir.aPAPM L• nee .. f.� nn�nn� �.. of Minnesota Na.9062 P. 9 Type 1124-hr Ralniall=4.20* Page ;I Subcatchment 112 parking, (new node) Runoff - 2.06 A 0 12.06 hrs, Volume-- 0.144 of Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-20.00 hrs, dt- 0.05 hrs Tye II 24-hr Rainfall=4.20" Area al CN Descxi don 0.460 98 rninG Length fee# sft/� Velocilt/sec� Capacity � Description 15.0 Direct Entry, Pond catchbasin 1: (new node) Inflow M 2.06 A 12.06 hrs, Volume= 0.144 of Outflow - 2.05 A 12.07 hre, Volume-- 0.144 af, Alien=11%, Lag= 0.3 min r'rinmry = 2.05 A 12.07 hrs, Volumes 0.144 of Rowing by Stor-Ind method, Time Span= 0.00-20.00 hrs, dt= 0.05 hn; P88k Elev 95.55' Storage=16 c# Plug -Flow detention firm:= 0.3 min calculated 1br 0.144 of (100% of inflow) Storage and wetted areas determined ,by Prismatic sections Elevation Surf.Area Ina.Store Cum.Store (feet) (Sq-ft) (cubic -feet) (cubic -fee 94.30 13 0 0 98.30 13 52 52 rimary OutFlow (Free Discharge) T 1=Culvert # Routing Invert Outlet Devices 1 Primary 94.30` 10.00 x 50.0` long Culvert Ke= 0.500 Outlet Invert-- 94.OV S= 0.00507 n= 0.011 Cc= 0.900 rf AGW 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 TO: Mayor, Council Members City of Albertville FROM: Peter J. Carlson, P.E. City Engineer DATE: August 28, 2002 RE: Storm Water Management Plan and Hydrologic Study SEH No. P-ALBEV0305.00 14 MEM- +' 800.572.0617 320.229.4301 FAX You may recall a recent letter from the Wright County Soil and Water Conservation District (SWCD) that identified a serious potential for future flooding problems in Albertville. The August 12, 2002, letter explains that future flooding could result from further development and redevelopment projects within the city without first having a better understanding of the downstream impacts and the capacity of the existing drainage systems. Another issue you have likely heard of is the National Pollutant Discharge Elimination System (NPDES) Phase U storm water permit requirements for "small" urban areas (primarily cities) that are intended to regulate storm water discharges from municipal separate storm sewer systems (MS4s). The regulations are mandated by the USEPA and administered in Minnesota by the Minnesota Pollution Control Agency (MPCA). The MPCA completed a Phase H permit for small MS4 cities and has published a list of cities that are subject to the regulations. Albertville is not on the original list published by MPCA. However, additional cities will be designated as Phase H cities in December 2002, and we anticipate that Albertville will be included at that time. The original Phase II cities have until March 10, 2003, to complete a Storm Water Pollution Prevention Program (SWPPP) and submit a Notice of Intent (NOI) for permit coverage. Cities designated in December will have an additional 18 months to comply with these requirements. A related, but not required, element of the Phase II SWPPP efforts is to collect and summarize the available water resources and storm water management data (land use, surface waters and hydrology, soils and geology, etc.) for the City. This effort is similar to background sections of a City's storm water management plan (SWMP). We recommend that these background sections, hydrologic study and Phase II SWPPP be combined into a single document to serve as the City's comprehensive SWMP. For your consideration, we have prepared the following fee estimates to complete these tasks for the City: Hydrologic Study (north portion of city) $11,500 Prepare Background for SWMP $ 3,000 Phase I1 SWPPP and NOI (includes $3,000 software package) $21,500 Total $36,000 sl c: Shannon Smith, SEH St. Cloud Ron Leaf, SEH St. Paul \Uehsc3\sccvWbev\0305\corr\m-city 082802.doc Short Elliott Hendrickson Inc. • Your Trusted Resource 0 Equal Opportunity Employer 08/29/02 16:34 FAX 320 229 4301 _ SEH ALBERT ILLE 0 0 A . 4 ) z 0<.�S a. 0 z Q 41Y� 45dii< 4 Lu 0 m � 4 i O O �Ni S O O O O V O O 8 O O `8', N N to O O Q i((u'OQQri��i ,wwOii q o a �y O IFS QQO � O O �T�jj N .- �N�yy �7 O Lo C4 to S O 8 CJ, O 8 O ICE O a O.. 8 O o Nt uj 9 8 Lp ' (} a z v } co z g a o_ ? z W W Q Q m UWD LL CAS Q W W to vq-i U 91 a it<0 S $ z O S O O 8 O O O O S O O 8 O T M N � La o N N T NJ j T N co K I %n iC F- c0 C� .�- eN- r !Ly7i 08/29/02 16:35 FAX 320_229.4301 « 9BH y ALBERTVILLE QD003/005 ti � V M LV Vs N M N 44 0 0 kSig < 2 IZ-- ju. b Q m 08/29/02 10:36 FAX 320 229 4301 _ _SEH • 4 ALBERTVILLE RD004/005 O Cp? Y�]j 8 O Og 8 4 RA O VQ ie3 C� M �Vj OS O FOM�f � O paO � � 8 CJ, S O O N S �Cf i� of P Op, S O N K unS gi �i ram-, in U5do w N h o $ Q en T N T w z a a 0U. a Z rr r m $ •.• ai8 w mt� sdtL 0°2 �Q fli a ' F Q LU 7- 1 i Ui 8 i'n r°f3nuj as mr U.< o J � art H Ztoo ul i O 4L F• cV ry ,t Q T 3 08/29/02 16:36 FAX 320 229 4301 9EE ALBERTVILLE 0005/005 g $ g g g 8 QQ co 44 .4* O V GQQ SQQ �QQy � QGQ oOQ FIM 5C 1 (5) August 2e 2002 To whom this concerns, The Zachman family would like the city of Albertville to proceed with the design of urban services of water and sewer to the 28.5 acres W. V2 of section 6 in Township 120 North, Range 23 West, in Wright County. This would help execute resolutions initiating the concurrent detachment and annexation of said property from St. Michael to Albertville. Steve Zachman .g7F-a33 f�' EASEMENT AGREEMENT WHEREAS, the City of Albertville ("City") desires to obtain an easement ("Easement") over land owned by Don Berning, Janet Berning and Don's Auto Service & Repair, Inc. (collectively, "Owner"), for underground utility purposes with the intent of installing a sanitary sewer forcemain ("Forcemain"); and WHEREAS, Owner owns land ("Owner's Property") described on the attached Exhibit A WHEREAS, Owner and City desire to enumerate certain items related to the installation and maintenance of said sewer line; NOW, THEREFORE, Owner and City agree as follows: 1. upon execution of this agreement, Owner shall execute and deliver to the City that Easement attached as Exhibit B in return for the undertakings of the City as set out in this document. 2. The City shall pay Owner $4,000.00 for the granting of the Easement by Owner. 3. The Easement shall be for underground sanitary sewer conveyance purposes only. 4. Owner will not be specially assessed for any of the costs related to the installation of the Forcemain. 5. Owner shall not be permitted to place permanent structures with the Easement, but may pave over the Easement (provided such paving is permitted under City ordinance). In the event the City disturbs any paved areas of the Easement during installation or maintenance of the Forcemain, the City shall repair or replace such pavement at the City's expense. 6. Prior to commencing work within the Easement, the City shall locate all property irons within the Easement and shall accurately replace any such irons disturbed during installation of the Forcemain. 7. The City shall install the Forcemain using directional boring machines. These machines shall be located north of Interstate 94 and/or west of Owner's property when placed on the south side of Interstate 94. 8. The City shall restore all soils it disturbs on Owner's Property, and shall return to the Owner's Property to fill in any settlement which occurs within one year of the installation of the Forcemain. 9. When installing the Forcemain, the City shall, when practical, avoid driving heavy equipment over the length of the Easement, and shall enter the premises using the existing driveway whenever practical.' Dated: 312002 OWNER Don Berning Janet Berning Don's Auto Service & Repair, Inc. By: Gordon Berning Its: President CITY OF ALBERTVILLE Mayor City Administrator STATE OF MINN.IESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing .instrument was acknowledged before me this day of , 2002, by Scott Wallace as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA } ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2002, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA } ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by Don Berning and Janet Berning, individually. Notary Public STATE OF MINNESOTA } ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by Gordon Berning, as President of and on behalf of Don's Auto Service & Repair, Inc. f • This document drafted by: Court & MacArthur Law Office P.O. Box 369 St. Michael, MN 55376 PUBPC UTILITY EASEMENT THIS INDENTURE, made this day of 2002, by and between Don Berning, Janet Berning and Don's Auto Service & Repair, Inc. (collectively, "Grantor"); and the City of Albertville, Wright County, Minnesota, ("Grantee"). Grantor is the owner in fee simple of the real estate hereinafter described. For valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained] and sold, and by these presents does bargain, sell and transfer unto the City of Albertville its successors and assigns a perpetual easement for underground sanitary sewer conveyance purposes with the right to enter upon the real estate hereinafter described at any time that Grantee may see fit, and construct, maintain an4 re air any sanitary sewer lines, equipment, or materials, across, through and under the lands hereinafter described, together, with the right to grade, excavate and refill trenches for the location of said utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said utilities. Said public utility easement is located in the County of Wright, State of Minnesota, and is described on Exhibit "A" which is attached hereto, and by this reference, made a part thereof. Grantor shall be allowed to pave over all or a portion of said easement area provided said paving is otherwise allowed by City of Albertville ordinances. Grantee covenants that, in the event Grantee disturbs any paved areas of the Easement during installation or maintenance of sanitary sewer facilities, Grantee shall repair or replace such pavement at Grantee's expense. i OWNE R Don Berning Don's Auto Service & Repair, Inc. By: Gordon Berning Its: President CITY OF ALBERTVILLE Mayor City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrtimjent was acknowledged before me this day of , 2002, by Scott Wallace as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2002, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss• COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by Don Berning and Janet Beming, individually. _ Notary Public STATE OF MINNESOTA ) ) ss• COUNTY OF } The foregoing instrument was acknowledged before me this day of , 2002, by Gordon Berning, as President of and on behalf of Don's Auto Service & Repair, Inc. Notary Public This document drafted by: Couri & MacArthur Law Office P.O. Box 369 St. Michael, MN 55376 Page 1 o 1 Linda Goeb From: "Terri Hobza" <t hobz@yahoo.com> To: <admin@ci.albertville.mn.us> Sent: Wednesday, August 07, 2002 8:24 PM Subject: Crosswalk on Karston Ave. To: Linda Goeb This letter is in regards to the brief conversation I had with you on Aug. 7, 2002 about the installation of a crosswalk on Karston Ave. A crosswalk would connect the golf cart path on Cedar Creek Golf Course, which crosses over Karston Ave. between holes 4 and 5. Since living at 10375 Karston Ave. NE, which is located where the golf cart path passes, my husband and I have witnessed many pedestrian golfers who cross Karston Ave on a daily basis at the area mentioned above. We have also viewed bicyclists -children and adults, crossing the street at this location to use the bathroom or retrieve a beverage. It seems quite logical and practical to have a crosswalk at this location which has a large amount of 'Toot traffic". It would be disappointing and devestating to wait for a tradegy to occur before something is actually pursured. One other reason for the request of the crosswalk is the fact that people walk through our yard to reach their destination on the golf course. If pedestrians had a crosswalk and the right of way while in the crosswalk, the goal would be that it promote a sense of security while crossing the street. Hopefully you will seriously consider this request and help protect the community of Albertville - and the well being of our yard!!:) Do You Yahoo!? HotJobs. a Yahoo! service - Search Thousands of New Jobs 08/20/2002 ' tZat. o `� �4a-7- ao �f A Sai7Ave P.0(.B Albertville, MN 55301 (612)497-3384 Fax: (612) 497-3210 E THIS FORM MUST BE TURNED INTO CITY BALL BY 4:30 PM THE WEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING DATE OF MEETING: p R-3-02 NAME: I NCLron Ne, rI DEPARTMENT/ADDRESS: ('t3l 41akl rr Or BUSINESS TO BE ADDRESSED BY CITY COUNCIL: Seed CC-r )dCf2X (77on Gt,w` Sv� (ei, i re,,,* ACTION REQUESTED OF COUNCIL: (e 4 j, : ,, 4. f e u ,'re�r�er�4s )Jc.- cr -�- V 1'�A " a z SIGNED: DATE: RA is Frank Roos sociates, Inc. August 5, 2002 Ms. Linda Goeb, City Administrator City of Albertville 5975 Main Avenue Northeast PO Box 9 Albertville, Minnesota 55301-0009 SUBJECT: City of St. Michael County Ditch 9 Agreement MFRA #9741 Dear Linda: Engineering • Pla: 5PO(II) Attached for Albertville Council action is the final draft of the County Ditch 9 Agreement. Bob Derus recently forwarded a draft copy to you. The difference between the two is that the attorney added Section 6.3 and 15. The St. Michael Council has approved the agreement and it now needs approval by Albertville. If you have any questions or need additional information, please contact us. Very truly yours, MFRA jf$J. Roo , P.E. JJR:pry cc: Robert Derus, City Administrator, City of St. Michael Enclosure s:\main:\StMO9741:\Correspondence\goeb8-5 15050 23rd Avenue North • Plymouth, Minnesota • 55447 phone 7631476-6010 • fax 7631476-8532 e-mail: mfra@mfra.com COUNTY DITCH 9 AGREEMENT THIS AGREEMENT is entered into this day of 2002, by and between the City of St. Michael, hereinafter referred to as "St. Michael" and the City of Albertville, hereinafter referred to as "Albertville." WITNESSETH WHEREAS: County Ditch 9, hereinafter referred to as Ditch 9, flows through and serves as a surface water drainage basin for St. Michael; and WHEREAS: Ditch 9 also flows through and serves as a surface water drainage basin for Albertville; and WHEREAS: Discharges from a tributary area in St. Michael flow into a segment of Ditch 9 located in Albertville; and WHEREAS: Discharges from Ditch 9 in Albertville flow into Ditch 9 in St. Michael; and WHEREAS: It is in the interest of both parties to regulate, maintain, and repair Ditch 9, NOW, THEREFORE, the parties hereto agree as follows: 1. Purpose and Plan. The purpose of this Agreement is to develop a cooperative procedure for St. Michael and Albertville to prepare and implement a plan for the regulation, maintenance, and repair of Ditch 9 from its upstream beginning in Section 2, R24W, T120N in Albertville to its outlet to County Ditch No. 21 in Section 10, R24W, T120N in St. Michael. 2. Plan Preparation. Within ninety (90) days following the effective date of this Agreement, the Ditch 9 Authority, hereinafter referred to as "Authority" as described in Section 3, shall prepare a comprehensive plan, hereinafter referred to as "Ditch 9 Plan," for the regulation, maintenance, and repair of the entire length of Ditch 9. The Ditch 9 Plan shall include the following: 2.1 Establishment of surface water drainage design parameters for all development and redevelopment projects, public improvements, and rural land uses located in the Ditch 9 drainage basin. 2.2 A review of the hydrology of the watershed to determine the flow capacity for the Ditch 9 cross -sections and profile. The review will include an analysis of the capacity of existing structures on Ditch 9. Each City shall be responsible for reviewing its portion of the watershed. 2.3 A description of the existing condition of Ditch 9 and an itemization of any current maintenance or repair needs. The City Engineers will provide the surveys and inspections in their respective cities with concurrence by the other City. Existing structures will be reviewed for hydraulic and structural integrity. 2.4 A description of the applicable ditch regulations of the appropriate permitting agencies, including the DNR, BWSR, COE, and WCSWCD. The City Engineers will meet with representatives from these agencies. 2.5 Cost estimates for current maintenance and repair needs. The cost estimate shall include all construction costs plus all overhead costs such as legal, engineering, and administration costs. 2.6 Easement needs shall be determined for the ditch and desired buffer zones. 3. Plan Adoption and Amendment. The Ditch 9 Plan shall be prepared cooperatively by the City Engineers. The City Engineers must jointly agree on the Ditch 9 Plan before submitting it to the Authority for review and approval. The Authority shall be composed of two Councilpersons and one Planning Commissioner from each community. The City Engineers shall provide the technical assistance needed by the Authority. The Ditch 9 Plan shall be adopted by a majority vote of the members of the Authority and may be amended annually by a majority vote of the members of the Authority. 4. Plan Implementation. Following Ditch 9 Plan review and adoption by the Authority, each City shall arrange for and administer the implementation of Ditch 9 Plan. Each City will perform all work necessary on the segments of the ditch located in their respective jurisdiction. All contracts for the performance of maintenance and/or repair projects shall be noticed and awarded in accordance with applicable statutory requirements. Work included in the Ditch 9 Plan may be performed privately by owners of lands tributary to Ditch 9 and such work may be eligible for partial reimbursement when in accordance with the Ditch 9 Plan. All permits necessary for maintenance and/or repair projects on Ditch 9, will be secured by the Authority. 5. Inspection and Review. Any member of the Authority may review and inspect any and all work, services, and activities undertaken pursuant to the Ditch 9 Plan, and may inspect and audit books and records relating to plan implementation. If any discrepancies or inefficiencies are noted, the Authority shall work out their differences. 6. Cost Allocation. The costs for preparing and implementing the Ditch 9 Plan shall be allocated to and paid by the respective City on the basis of the following: 6.1 The payment for the costs of preparing and administering the Ditch 9 Plan shall be allocated to each City based on their proportionate area of the Ditch 9 drainage basin. 6.2 The payment for the costs of a maintenance or repair project on any segment of Ditch 9 will be allocated to each City based on their proportionate area of that part of the Ditch 9 drainage basin lying upstream of the lower most point of the segment. On combined projects, each segment will be calculated separately. 6.3 Neither City shall undertake a maintenance or repair project on any segment of Ditch 9 that will require reimbursement from the other City without the prior approval of the other City. 7. Cost Reimbursement. Within sixty (60) days following the completion of a Ditch 9 maintenance and/or repair project done in accordance with the Ditch 9 Plan, the Authority shall transmit a statement to each City detailing the costs which have been incurred in doing the project. The appropriate City will reimburse its portion of the costs to the City with the project within thirty (30) days following the receipt of the statement. 8. Annual Report. An annual inspection of the condition of Ditch 9 and it truck facilities will be made by the City Engineers. The City Engineers shall inspect those segments of Ditch 9 located in their respective City and then submit a summary report to the Authority. The reports will also include all development activities which have occurred in the Ditch 9 drainage basin. The annual inspection and development repot shall be submitted to the Authority two weeks in advance of the annual meeting of the Authority. 9. Annual Meeting. The first annual meeting of the Authority shall be at 8:00 p.m. on the last Wednesday in October in 2002 at the St. Michael City Hall. Subsequent annual meeting times and sites shall be set by the Authority. 10. Depository. The Authority shall establish an account in a state or national bank authorized to received deposits of monies and to act as a depository for funds budgeted for the administration of the Ditch 9 Plan. The Authority may act to disburse monies from this account on the authorization and signature of one Councilperson member from each City 11. Insurance. The Authority may purchase property and liability insurance for the purpose of protecting the interests of the Cities in implementing the Ditch 9 Plan. The costs of such insurance shall be funded in accordance with Section 6.1. 12. Gifts, Grants, and Loans. The Authority may within the scope of this Agreement, accept gifts, apply for and use grants or loans or other property from the United States, the State of Minnesota, or its departments or agencies, Wright County, or any person or entity for the purposes described herein. The Authority may enter into any reasonable agreement required in connection therewith. The Authority shall comply with all laws and regulations applicable thereto, and may hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan, or agreement relating thereto. 13. Accounting. On or before December 1, of each year, the Authority shall submit an accounting of the monies expended for administration of the Ditch 9 Plan to each City for review. This report shall include the following: 13.a The financial activities of the Authority over the previous year; 13.b The status of all projects and work pursuant to the Ditch 9 Plan; 13.c Any other matters which affect the interests of the City in the Ditch 9 Plan. 14. DNR Stream Maintenance Program. The Authority hereby agrees to use their best efforts to secure Wright County's participation in the Stream Maintenance Program of the Minnesota Department of Natural Resources established pursuant to Minnesota Statutes 103G.701. Any money secured from this program shall be used to reduce the costs of the members for performing the Ditch 9 Plan. 15. Disputes. In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they should consult or negotiate with the other party in good faith and attempt to reach a just and equitable solution satisfactory to both Cities. If they do not reach such solution within a period of sixty days, then the engineer for each City shall jointly select a third engineer to review and act as arbitrator with regard to such dispute, claim, question or disagreement. The decision of the arbitrator so selected shall be final and r t i binding upon each City. 16. Amendments. Amendments to this Agreement may be made only by written instrument executed by the parties hereto. 17. Effective Date. This Agreement shall be in force and effect following its execution by authorized representatives of both of the members hereto. A certified copy of the Agreement shall be maintained by the Clerks of both Cities. - IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed. Approved by the City Council 2002 Approved by the City Council 2002 s:\main:\StM09741:\Reportskitich9agreement City of St. Michael By: By: City of Albertville By: By: 0 o o z z 0 in o pp O 0 00 i o O W O - - SN O LL to In it OD o 09 cn It Ls rAb WM Ri to co ON N n � � l� �, � �; � ,F �- v 0 ��• ,,��il�,�� _ice f� ,/•�. � � �� " � ��• '�I��I� <� l�l Ili V-. �,_ ��. t vJ J l ( J mo _... I. vs AD Lt- a � jtl till. \III) ° �..,Arp -� ✓I In C p w l o, ou Q I ��+ cn ►wE"r z . Q 1 I — ... _. `� III I I''' + ^� r fr Computer Services & Repair, LLC Direct: (612) 743-5086 11135 61r St. NE Suite G Office: (763) 497-0169 Albertville, MN 55301 e-mail: csr@business.net Dear Mr. Mayor, Council Members, and Staff, It is with great pleasure to present to you the following quotation for your review. The City of Albertville is growing and the need to upgrade the equipment for the Staff to be more efficient and productive is a necessary need. The following pages outline the equipment I am proposing for that need. Based on the conversation Linda and I had regarding the current systems and the projected growth over the next 5 years, the new equipment I am quoting for you will do the job necessary to handle that growth with the capability to expand as necessary. As a local business I am capable of being there for the staff as the need arises after the systems are installed and performing as stated. Myself or a member of my staff will provide training. This is a large purchase on your part and I understand the importance of everything set forth. I appreciate the opportunity you have given me to work with you. Please don't hesitate to contact me with any questions you may have. Thank you, i s Gary rcCormack Computer Services & Repair Computer Services & Repair, LLC To Linda Goeb Address:5975 Main Ave. NE Company City of Albertville Albertville, MN 55301 Fax # 763-497-3210 Phone: 763-497-3384 Date August 26, 2002 Page: 1 of 3 Subject Quotation Quote: 082802GM 1 Dear Linda, Thank you for your recent inquiry. It is our pleasure to have the opportunity to be of service to you. I am pleased to quote the following three packages: Package A — Server Package B — Workstations Package C — Miscellaneous Package A Quantity server Pricing Terms 1 Intel SC5000 Pent III Server w/1.2 $7,000.00* Net 10 days. Gig Processor, (2) 36gig Hard Drives, 1gig RAM, Win2000 Server Op Sys, Office 2000 P% Tape drive Leadtime 7 business backup, 52X CDROM, On board days ARID. Video, Sound and LAN, modem, keyboard, mouse & 15" KDS Computer Services & 1 monitor. 3yr 24/7 On -site Warranty Included Repair Standard Terms &Conditions Apply Package B Quantity Workstations Pricing Terms 6 Voyager Intel Pent IV 1.8gHz Proc. $9,600.00* Net 10 days. Workstations w/256mb RAM, 40gHz Hard Drive, 32m Video, 52x CDRom, 40x12x48 CDRW, onboard LAN, audio Leadtime 7 business & video, speakers, Win 2000 PRO, days ARO. Office 2000 Pro, keyboard, mouse and KDS 17" monitor. 6 3yr 24/7 On -Site Warranty Included Computer Services & Repair Standard i Noblis AMD 1.4gHz Laptop w/20 gHz Terms & Conditions HD, 128mb RAM, Win 2000 Pro, $1,500.00* CDRW/DVD Combo, Office 2000 Pro Apply iyr Cross Ship Warranty 1 Computer Services & Repair, LLC Cont. Quote 082802GM 1 City of Albertville Package C Quantity Miscellaneous Pricing Terms 1 APC Smart-UPS1000 w/PwrChute+ $575.00* Net 10 days. 1 Misc. Equipment to include: $750.00* Cable modems, Hubs, Brouters, routers and cabling to complete Leadtime 7 business installation. days ARO. Labor to include removal of existing $2250.00 Computer Services & Equipment, setup new equipment, Repair Standard network both buildings and post training of personnel Terms & Conditions Apply Total A, B, & C Package= $21,675.00* *+ tax & Freight I hope I can earn your trust to become The City of Albertville's computer services provider. I look forward to hearing from you soon. Please contact us with any questions or clarifications needed in making this decision. Regards, Gary Mc ormack Note: Due to the unstable pricing of Computer products this quote will be honored for 30days from the date listed above. Attachment — Computer Services and Repairs Standard Terms and Conditions Cc: Mayor Scott Wallace Council Member: John Vetch Keith Franklin Leroy Berning Tom Fay F) COMPUTER SERVICES & REPAIR, LLC STANDARD TERMS AND CONDITIONS OF SALE 1. Admowledginent and acceptance of any order is expressly limited be and made conditional upon the be.. and conditions Contained herein. Any of Buyers terrhs and conditions which are In addition to or differ from those contained herein which are not separately agreed to in writing (except additional provisions specifying quantity, character of the pots ordered and in shipping Instructions) are hereby objected to and shall be of no eKed Objection b any of the Terms and Conditions herdn s ha1 be deemed m have been waived if wd ten notice of seh objectioi is not rived by Computer Services & Repar, WC (Seller) within filtee n (15) days of the date of admowledgment of any order. Buyer will in any event be deemed to have assionlad to all Terms and Conditioner contained herein if any of the products described herein is accepted. General. Except as may be expressly provided to the contrary in writing the provisions of this contract are for the benefit of the parties hereto and net for any other person. This instrument contains the entire and only agreement between the parties hereto relating to the subject matter hereof, and any representation, affirmation of fact, and course of prior dealings, promise or condition in connection therewith or usage of the trade not kaorponated herein shall riot be binding on either party. No charge, modifica0on, revisions, discharge, abandonment or waiver of these standard conditions of sales shall be binding upon Seiler unless made in writing and signed on its behalf by an authoized employee. 2. WARRANTY: A. General. Stier warrants thnt Its products will at the time of del very be free of defects in material and workmanshipand will conform to SelWs appikable specifications. Standard warranty for Computer Systems ere i year cross ship with Buyer respwisible for freight charges for return to mahadachurer. Optional 3 year 24/7 orsite extended warranty, available at additional cost to Buyer. Additional Itdns se; monitos prinlM etc, are cowed under manufacturers std. Warranty. B. Technical Assistance. Sellers warranty as herein above set IbM shah not be enlarged, diminished, or affected by, and no obligation or liabyity shall arise or grow ofl of, Seller's rendering of technical advice, fades or service in connection with Buyers order of file good famished hereunder. C Seller assumes no resporhhli ty for refund or replacement of products shipped at Buyer's request prior to successful completion of acceptance and/or qualcation tests performed by Seller at Buyer's request except those subject only to Buyers Incoming inspection. The sale of products, or parts thereof, by Seller does not convey any Now-, by impicatiory estoppel or otherwise, uncle patent claims covering oombinations of said product or parts with other devices or elements. 3. DELIVERY: All scheduled or quoted delivery dates are appmAnift and are based upon prompt receipt of all necessary mfomnadon from Buyer. Seiler shall not be liable for delays in delivery or faNuae to manufacture or deliver: (a) due to cam beyond Its reasonable control, or (b) due to arts of God, ads of Buyer, ads of civil or military audiorit y, prforhies Ores, $Mke% flood, epidemics, quarantine restrictions, war, riot, delays in transportation orcar shortages, or (c) due to any other commercial Impracticability. In the event of any such delay, the date of delivery shad be deferred for a period of time equal to the time lost by reason of the delay. A For multiple shipment orders, prices reflect deliveries of equal, or nearly equal, quantities over a bvetm-month m odmum period, unless otherwise stated in the Quotation. Reschetli ft of deliveries noted on Buyers original contract or as agreed upon and shown on Seller's Sales Achwoviedgment must be made at least 45 days prior to the originally scheduled delivery or the new delivery dare, whichever is earlier. B. If resciihedWirg of deliveries reacts In completion of the ofgind contract later than the and of the thirteenth month following the first scheduled stepmeri4 bObadc charges will be computed to .diet the appropriate pricing for the acWal qusrertles shipped over that period. These dnarge s will then be invoiced on the same to.fhs as the balance of the oonbact. Additional units remaining on the contract well be repriced at the appropriate quantity hate. 4. TRANSPORTATION: Unless otherwise agreed In writing by Seller, delivery of the products hereunder shah be made FOB Bumsdlle, Minnesota, USA, with transportation expenses paid by Buyer, and risk of less or damage to products in transit shall fah upon Buyer, whose responsibility it shah be to file claims with the tamer. S. PAYMENTS: 50% deposit due upon receipt of order. Payments shall become due as invoices are made and shall be pay" tan (10) days from the date of kwoice. Seta reserves the right at any time to rewlae any credit exterided to Buyer because of Buyers failure to pay for any articles when due or for any other reason deemed good and sufficient by Seta. In rich event Sella may require than ale subsequent deliveries shall be paid for in advance or on delivery or Seca may suspend any furdia deliveries or continuance of the work W be performed by Seiler until such payment has been received. N the wotr to be performed heresnder Is delayed by Byer, payments shall be made based on the purchase price and the percentage of completion. Products held for Buyer shall be at the risk and expense of Buyer. Fatluae to fumidh such payment within ten (10) days of demand by Seder shall constirdie a repudiation of the contract and in such event Sella shall be entitled tb receive relimbaasemernt for its caaiceliatlon daages. In the event of baNQuptcy or kn ohcerrcy of Buyer or in the evert any paoceeing Is brought by or against Buyer under the bardoapty or Insolvency laws, Sena shall be entitled to caned any order outstanding at any time during the period allowed for filing darns against the estate and shall receive reimbursement for Its cancellation charges. Al payments shah be in lei currency of the United Stab. Acceptance and endorsement by Sena of an instrument for leas than the full amount which Sena claims to be due shall not be deemed to be an admission of payment to fah and any conditions to the contrary whim are rooted on such an instrument shall not be binding on Sella. Prices are subject to correction for error. Falkre to male payments in said tern (10) days late charges shall be Incurred at the rate of 1 hit % per month or 18% per anmum. 6. TAXES: The amount of any present or furore sales, uses, excise or other tax applicable to to sale or use of the products sold hereunder shad be paid by Buyer, or to lieu thereof Buyer shad provide Sella with a tax exemption certificate acceptable to the mxdrhg autlhaities 7. CANCELLATION: No canedlation by Buyer for default shall be effective unless Sella shot have failed to correct such alleged default within thirty (30) days attar receipt by Seller of a written notice specifying such default Buyer may tanned his order only upon 45 days written rhh>tillartion and upon payment to Sella of cancellation charges, which may be levied for such action. These charges will riot exceed the total of the following: A. BNlback charges and/or other cancellation charges levied by Saber's suppliers for materials used in Seller's finished products; B. Bilibacd charges for products Seller supplies, based on the ufiffaenoe between the original contract price and the appropriate price for the quantity actually accepted by Buyer, C. Charges for a 45 day (minimum) supply of matertals In Seller's Inventory, unique to the product supplied to Buyer; D. A cancellation fee based on 2% of Buyer's original contract amount or $150.00 tlSQ, whichever is greater; E. OR, a charge based on the percentage of completion of the product Q.e, if 50 pieces are ordered and all are fib% complete when the cancellation is requested, a charge of 65% of Buyer's original owntract can be levied). F. Any ccirribiaullon of the above. The choice of procedures will be that of Computer Services a Repair, LLC alone. 8. OVERTIME: It is contemplated that any installation or supervision labor and services agreed on the face hereof to be performed by Seiler are to be performed Bring regular working taus or regular working days. If for any reason Buyer requests Seiler to furnish any such labor or services outside of such regular worldrg hours, any overtime or other additional expense occasioned thereby shall be bilked to and pail by Buyer as all extra. 9. PROPERTY: AN materials, looking, fadiities, production aids, dreadngs, and other data and other property required for performance, herein called "property' shah be furnished by and title thereto shah remain with Seta. 10. RETURN/RESTOCKING: A. Should a Seller's product ordered by, shipped to and/or accepted by Buyer be found to be in excess of Buyers needs or not what Buyers application requires, Steer may elect to permit return of the product If product is not unique to Buyer's application, the restocidng charge will not exceed 25% of the purchase price, or $20D.00 LJSD per ult whichever is greater. B. If the product is unique to Buyer (I.e., specially constructed for Buyer's application or to drawings and/or specifications supplied by Buyer), it is possible Seller may not permit its return. If return is accepted, Seta will only issue a maximum credit equal to the value of those components Seller deems salvageable. 11. INDEMNITY: Seiler shall not have any obligation to rhdenvnifjy Buyer for any costs, damages, or exgOereras arising out of or related to this contact its performance or any articles sold or work performed hereunder. MEMO ONEA Ti, X ■■ Matrix Group PO Box 395 • Buffalo, Minnesota 55313 612/682.0111 Tel 801 /991.9141 Fax brianQmatrixnet.com E-oral August 30, 2002 Linda Goeb City of Albertville 5975 Main Avenue Albertville, MN 55301 Hi Linda, Based on our phone conversation yesterday, I am providing a summary bid on the equipment and services I believe will be appropriate for your needs. Refer to that bid for system details. I would prefer to change the operating system to Windows 2000 Professional on all systems, but that won't affect the price. These prices reflect equipment that is available today. The market changes so rapidly that depending on when your order is placed, I most likely will be able to provide the same equipment at the same or better prices, or better equipment at the same prices. All prices are for equipment delivered to your site. My services are separate, billed hourly and I would estimate that to install and properly configure all of the hardware listed in my bid would require about 30 hours. Computer Systems (choose one) Choice A: Voyager Systems (White Box), Qty 7 @ $1,149 each $8,043 Choice B: IBM Systems, Qty 7 @ $1,299 each $9,093 Notebook Computer System $1 999 Toshiba Satellite Pro 6100 1.7GHz Video Monitors (Choose type and quantity) NEC MultiSync LCD1550V —15" Flat panel display — TFT/LCD $429 IBM E 74M - Standard display - CRT - 17" -1280 x 1024 .27mm speaker(s)/ microphone $229 Main Office and Old City Hall Network (materials, rough estimate) $260 Wireless network (between buildings, materials) $1,199 Data Backup Solution $500 (1) CDRW Recordable CDROM Drive, (2) Removable Hard Di sk Drives Internet Connectivity, from Charter Business Networks $45/Month Internet Firewall - Software and battery backup used w/your hardware $259 Document Imaging Solutions start as low as $1,500, selection requires additional consultation 19/002 /603 NOSES OEM No ■ -V.- A T R.. X Matrix Group PO Box 395 • Buffalo. Minnesota 55313 h, 2.682-0111 Tel 801 %991.9/ ai Fax brian@matrixnet.com E-mail August 28, 2002 -e Linda Goeb City of Albertville Administration 5975 Main Avenue Albertville, MN 55301 Hello Linda, and City of Albertville City Council - Here is my bid for computer equipment and services for the City of Albertville, for needs as discussed with Linda Goeb on August 22, 2002. There are a total of 9 categories of equipmenttservice needs that we discussed, so I've broken them into separate (bids that can be selected individually, mix and match or as an entire package. My recommendations for the configuration of the network reflect information obtained from John at Banyon Data Systems. John recommends that the data for BDS be stored on the computer system of the primary user, maintaining the existing peer to peer configuration. He reports that some users have reported extremely slow performance of networked systems in certain situations, but if we have consistent operating systems across the network, fast computers and fast network equipment, maximum performance will be achieved. Technical service hourly rates decrease as use increases. We will need to discuss your needs, but I would estimate that your organization would need an ;average of 8 hours per month, about 100 hours per year. That rate would be $65-75/Hr. The categories of equipment/services I am recommending are: Desktop Computer Systems Notebook Computer System Main Office Network Configuration Remote Office (Old City Hall) Network Configuration Connectivity between Main and Remote Offices Document Management System Data Backup Solution Internet Connectivity/Security Technical Services Proposal Desktop Computer Systems • Video Monitors are quoted and sold separately • Printers are quoted and sold separately I'm quoting 2 systems- One is by IBM, the other, known as a "White Box" system is from a local supplier. Both of these systems are high powered, and either of these systems would work nicely in your offices, but also know that there are dozens of other .. configurations available if there are particular needs that these systems don't meet. IBM Systems Model name 831026U Color Stealth Black Form factor Tower Bus type / architecture PCI Processor type Intel Pentium 4 Processor speed 2GHz Front side bus 400 MHz L.2 internal cache 512KB Memory std/max 1.28 MB / 1024 MB Memory speed 266MHz Memory type PC2100 DDR SDRAM Hard disk size 40 GB Hard disk type A TA-100 (Enhanced IDE) Graphics chipset Intel Extreme Graphics Max resolution 2048x1536 256 colors Max color 16777216 CD-ROM 48X Floppy 3.5" 1.44 MB Networking Integrated Intel PRO/100 Ethernet Network speed 100Mbps, 10Mbps Audio SoundMAX with SPX Operating sys Microsoft Windows XP Professional Device drivers /utilities PC -Doctor Windows, NortonAntivirus 2002, Rapid Restore Mouse Mouse (2 button) Keyboard type IBM Preferred Pro Full size Warranty Three year parts - one year labor -1st year Onsite - 2nd/3rd year parts exchange only Add Microsoft Office XP Small Business Edition' Total Cost - $1,299.00 in quantity Desktop Computer Systems, con't. IBM Netvista M41 1.6GHz Desktop IBM NetVista M Series is a network workstation. NetVista M Series desktops smoothly moves your enterprise to the next stable platform with Intel(R) Pentium(R) 4 processors and the widest range of supported operating systems in the NetVista family for a better e-xperience. Features an Intel® Pentium® 41.6GHz, 256MB Memory, 20GB Hard Drive, 48x CD-ROM, 10/100 NIC Card, MicrosoftV Windows® XP Price Range for Netvista M series systems is $699 - $999 "White Box" System Intel D845BG-L Mainboard Intel P4 1.8Ghz Processor Uneec 300Watt MidTower case 256MB 266Mhz DDR Memory GeForce 2 64MB MX400 AGP Graphics Seagate 40Gig ATA100 7200RPM & 3.5"FDD Microsoft Internet Keyboard and MS Intellimouse Microsoft Windows XP Professional Edition Actima 52X CD-ROM, Altech ACS200 Speakers Diamond 56K PCI Modem, Integrated 10/100 LAN Microsoft Office XP Small Business Edition $1,149.00 in quantity Finding the "best" combination of systems, from the available inventory at the time of purchase requires about 2 hours of Technical Services Notebook Computer System Toshiba Satellite Pro 6100 1.7GHz Notebook Mobile Intel® Pentium® 4 Processor - M4 170QMHz, NVIDIAO GeForce4TM 420 GoTm graphics GPU and bright 14.1" XGA display (1024x768Features a Mobile Intel® PentiumOD 4 Processor 1.7GHz, 256MB RAM, 40GB Hard Disk drive, DVD/CD-RW Combo Drive, 10/100 Ethernet LAN, V.90 modem, 14.1" XGA Active Matrix display, Windows XP Professional, Microsoft Office Small Business Edition $1,999.00 Other Notebooks from $1,599 available Finding the "best" notebook computer, from the available inventory at the time of purchase requires about 1 hour of Technical Services Main Office Network Configuration There is some exposed wiring in place, with an eight port 10/100 (high speed) network switch currently in use. Additional workstations will require wiring, and ideally all systems would be wired to the same area as the telephone switch closet, and the network switch relocated there. Depending on the final network configuration, another 8 port switch can be added to the existing switch', yielding a total of 15 available ports. Wiring the building properly (wall outletsrjacks,'all Category 5 high speed wiring) will require approximately 6-8 hours of labor and $75.00 of material. An additional network switch is $79.99 Remote Office (Old City Hall) Network Configuration Wiring a network for two workstations could range from no cost (by leaving wiring exposed, routed out of the way) to 2-3 hours to install wiring in walls, where possible, and installing outlets. Hardware cost would be around $25.00 and a network switch is $79.99. Connectivity between Main and Remote Offices For building to building connectivity, I recommend using Buffalo Tech's wireless solution. This will allow connectivity between buildings by attaching wireless transmitter/receivers to the LAN switch in each building, along with an antenna on each building. The equipment provides 128 bit security, and can be configured to only talk to like equipment, or it can be configured so that wireless devices can be used within the -a building. An example would be a notebook computer that can be configured to access the network, without being connected to anything. The total hardware cost of the necessary parts to have wireless LAN connectivity between building is $1,199.00, plus roughly 4 hours to install and configure. Document Management System An excellent electronic document management system can be put into place using a variety of sheet fed scanners and Adobe Acrobat software, which retails for $279.99. There are a number of sheet fed document scanners available that regularly retail from $1,299 to $5,000 and above, however I am able to obtain drastically discounted units that carry manufacturer's warranties. A rough estimate of an entry level system is around $1,000, and some scanners are discounted as much as $2,000, when the original price is nearly $5,000. I can provide a full demonstration of a simple document management system, if desired. Data Backup Solution A variety of backup systems are available, and: per John/Banyon Data Systems, a tape backup is not recommended. I recommend a combination of CDROM and removable hard disk drive backup media, with all network data being captured in one unit. $500 will cover the cost of two hard disk drives, removable enclosures and CDRW drives, which may be included in some of the computer systems, making local backup possible as well. Internet Connectivity/Security The optimum Public Utility resource for Internet connectivity in Albertville is through Charter Business Networks, utilizing their digital network. They have service plans that start at $44.95 per month for the minimum connect speed of 256kbps -about 5X as fast as the current dialup connection. There is no installation or equipment fee when making a 3 year commitment to purchase the service. This connection can be integrated into the existing network so that each user can simultaneously access the Internet at high speed. Security will be provided by running NetMAX's FireWall ProSuite (Linux) software on an existing computer system. The requirements of this software are minimal and it will run on almost any computer currently in the office. An upgrade to this software and (Internet connection) will allow virtual private networking (VPN) connections via the Internet, if desired. The network connection and the firewall system should be located in the vicinity of the telephone hardware closet, and should be connected to a battery backup/surge protection system. Total Cost of NetMAX FireWall ProSuite software is $159.00 plus approximately 1.5 hours to configure, and about 3 hours annually to maintain. An adequate battery backup system will cost approximately $99.99. Technical Services Proposal My Goal as your Technical Services Provider: i believe the most effective way to manage technology in your o rganization is to take a comprehensive view of the components and how they fit together. l intend to perform many of the tasks that an in-house Technical Services Department would perform, in a manner that is customized to your specirk needs and requirements. With a Technical Services Agreement, services offered include: Process Evaluation Examination of and familiarization with data production processes Identify bottlenecks and investigate/recommend alternative solutions Disaster Prevention & Recovery Evaluate needs & implement protective measures to reduce exposure Determine & implement contingency strategies Respond to potential data security threats User support Direct, regular communication with designated contact Scheduled on -site maintenance/support services Uniform process to resolve problems at all levels Various levels of user training Network/Communications Configuration Network documentation & description Network component installation Remote network connectivity for support purposes Remote network connectivity for user access Resource configuration Determine needs\implement solutions Assist in developing usage policies Act as client's agent in interaction with outside vendors Comouter System Maintenance Inventory/Asset Management Troubleshooting Maintenance and Repair Software Inventory & Version Maintenance Proprietary software support Non -computer Technology Suonort Inventory/Asset Management Identify & implement technology solutions beyond computers Technology Hardware & Software Selection & Acauisition Identify best market pricing, etc. & act as client's purchasing agent Preferred pricing on tinge market products Dispose of obsolete equipment thorough consignment style sales process information Maintenance Recommendations on new equipment and technologies Maintain a consistent level of industry awareness Various levels of activity reporting Availability & Response Time Will be specified in your Technical Services Agreement Based on severity of incident Technical Services Rates vary from $100/hr to $60Mr M "13-3", HIGHWAY COMMERCIAL DISTRICT Section 4400.1 Purpose 4400.2 Permitted Uses 4400.4 Accessory Uses 4400.4 Conditional Uses 4400.5 Lot Requirements and Setbacks 4400.6 Maximum Building Height 4400.7 Maximum Lot Coverage '54 01 (10) 4400.1. Purpose. The purpose of the "B-3", Highway Commercial District is to provide for and limit the establishment of motor vehicles oriented or dependent high intensity commercial and service activities. 4400.2. Permitted Uses. The following are permitted uses in a "B-3" District: (a) All permitted uses as allowed in the "B-2" District. (b) Auto accessory store. (c) Motor vehicle, farm implement, and recreation equipment sales, uses, structures and outdoor sales and storage accessory thereto. (d) Commercial recreational uses. (e) Motels, motor hotels and hotels, provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. (f) Restaurants (not of the drive-in, convenience or drive -through type), cafes, on and off -sale liquor. (g) Private clubs or lodges serving food and beverages. (h) Animal hospitals and kennels. 6 (i) Adult uses - principal as regulated by Section 2800 of this Chapter. 6 Amended Ord. 1993-4, 5 April 1993 City of Albertville 4400-1 Zoning Ordinance ADULT USES 6 Section 2800.1 Purpose 2800.2 General 2800.3 Adult Uses -Principal 2800.4 Adult Uses -Accessory 2800.5 Non -Conforming Adult Use -Principal or Accessory 2800.1. Purse. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential use such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from _ each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value. 2800.2. General. Adult uses as defined in this Ordinance shall be subject to the following provisions: (a) Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. (b) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. (c) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages. (d) An adult use which does not qualify as an accessory use shall be classified as an adult use -principal. 2800.3. Adult Uses - Principal. (a) Adult use -principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use -principal is located to the property line of: 6 Amended Ord. 1993-4, 5 April 1993 City of Albertville 2800-1 Zoning Ordinance (1) Residentially zoned property (2) A licensed day care center (3) A public or private educational facility classified as a pre-school, elementary, junior high or senior high (4) A public library (5) A public park (6) Another adult use -principal (7) An on -sale liquor establishment (b) Adult use -principal shall be located at least two hundred fifty (250) radial feet as measured from one another. (c) Adult use -principal activities, as defined by this Ordinance, shall be classified as one use. No two adult uses -principal shall be located in the same building or upon the same property and each use shall be subject to Section 2800.2.(b) and (c). (d) Adult use -principal shall adhere to the following signing regulations: (1) . Sign messages shall be generic in nature and shall only identify the type of business which is being conduced. (2) Shall not contain material classified as advertising. (3) Shall comply with the requirements of size and number for the district in which they are located. (e) Adult use -principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted. 2800.4. Adult Uses - Accessory. (a) Adult use -accessory shall: (1) Comprise no more than ten (10) percent of the floor area of the establishment in which it is located. (2) Comprise no more than twenty (20) percent of the gross receipts of the entire business operation. (3) Not involved or include any activity except the sale or rental of merchandise. City of Albertville Zoning Ordinance 2800-2 (b) - Adult use -accessory shall be restricted from and prohibited access to minors by the physical separation of such items from areas of general public access: (1) Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator. (2) Magazines. Publications classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. (3) Other Use. Adult uses -accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator. (c) Adult use -accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. Section 2800.5. Non -Conforming Adult Use -Principal or Accessory. Adult uses which are classified as legal non -conforming uses may continue in accordance with the provision of this Ordinance, except that any such non -conforming use shall be terminated and become illegal on and after 1 July 1998. To the extent possible, the City shall attempt to identify all such uses which become classified as non -conforming under the provisions of this subdivision and shall notify the property owners and operations of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the City Council for an extension of the termination date. Any such application shall be in writing and be received by the City no later than 1 January 1988. Failure to submit a timely extension application shall constitute a waiver of the right to request an exception, if upon the Council's determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the City Council may consider any factor relevant to the issue, including but not limited to: (a) The degree or magnitude of threat to the public health, safety, and general welfare posed by the secondary impacts of the operation. (b) The length of time that the adult use has been operating. (c) The ease by which the property could be converted to a conforming use. City of Albertville Zoning Ordinance 2800-3 (d) The nature and character of the surrounding neighborhood. (e) The value and condition of the improvements on the property. (f) The amount of the applicant's investment in the business. (g) The amount of investment already realized. (h) The cost relocating the adult use. City of Albertville 2800-4 Zoning Ordinance 0. 3/1/93 ORDINANCE NO. 1993- 4 AN ORDINANCE AMENDING ORDINANCE NO. 1988-12 OF THE CITY OF ALBERTVILLE RELATING TO THE DEFINITION OF ADULT USES; GENERAL PROVISIONS FOR ADULT USES; REGULATION OF ADULT USES -ACCESSORY WITHIN THE B-1, NEIGHBORHOOD LOW INTENSITY BUSINESS DISTRICT WITH CARRYOVER INTO THE B-2, B-3, B-4, AND B-W DISTRICTS; REGULATION OF ADULT USES -PRINCIPAL WITHIN THE B-3, HIGHWAY COMMERCIAL DISTRICT WITH CARRYOVER INTO THE B-4 AND B-W DISTRICTS. THE CITY COUNCIL OF ALBERTVILLE, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: Section 1. Section 200.2 is hereby amended to add the following: (3.1) Adult Uses': Adult uses include adult bookstores, adult motion picture theaters, adult motion picture sales and rental, adult mini -motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241_are not included. (a) Specified Anatomical Areas: (1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s)• below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (b) Specified Sexual Activities: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually -oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, s necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or (6) Erotic or lewd touching, fondling or other sexually - oriented contact with an animal by a human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (3.2) Adult Uses - Accessory: The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to -the primary activity and g o o d s and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and the like. (3.3) Adult Uses - Principal: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the following: (a) Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non -transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas". (b) Adult Use - Bookstore: A building or portion of a building uses for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". 2 (c) Adult Use - Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas". 7. (d) Adult Use - Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (e) Adult Use - Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (f) Adult Use - Health/Sport Club: A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (g) Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexually activities" or "specified anatomical areas". (h) Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (i) Adult Use - Mini -Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (j) Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual 3 stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (k) Adult Use Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or s-lug- operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". (1) Adult Use - Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (m) Adult Use - Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (n) Adult Use - Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished of characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (o) Adult Use - Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age of if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". 4