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2002-12-02 CC PacketALBERTVILLE CITY COUNCIL AGENDA December 2, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) November 18, 2002, City Council Meeting 3. CITIZEN FORUM — (lo Minute Limit) 4. (a) Approve payment of claims (Check #'s 17195—17233) 5. SPECIAL ORDER (1) Business Council — I-94 Chamber of Commerce 6. DEPARTMENT BUSINESS a. Fire Department • None b. (1) Public Works/Parks Maintenance Report (2) �'� c• -7,,4o_ p,3f (1) Gary Vetsch • Conditional Use Permit • Variance yO (2) Mark Daleiden, Parade Car Rentals • PUD Amendment (3) Mark Haller 5 • Conditional Use Permit 2Q ,%� (4) Outlets at Albertville, Phase III • Final Plat • '�j (1) Upgrade CSAH 19 City Council Agenda November 4, 2002 Page 2 of 2 a 3,(2) Albertville Industrial Park e. Above under P & Z items �D f. (1) Request for resolution initiating the concurrent detachment/annexation from St. Michael to Albertville — Steve Zachman /a_ (2) Purchase Offer — Portion of Outlot E, Northwest Commercial Park — Callan y Properties (3) Purchase Offer — Lot 1, Block 2, Northwest Commercial Park — Dave Commers, Carpet Country, 7. ADJOURNMENT CITY OF ALBERTVILLE CITY COUNCIL Q UNAPPROVED MINUTES NOVEMBER 189 2002 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA PRESENT: Mayor Scott Wallace, Councilmembers LeRoy Berning, Keith Franklin, Tom Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al Brixius, and Deputy Clerk Bridget Miller Mayor Wallace called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: • 6.c.(2) B2-A District Zoning • 6.c.(3) Right Turn Lane on 57th Street • 6.d.(2) Zachman Property • 61(8) Mail boxes on County Road 19 • 6.f.(9) Findings of Fact Franklin made a motion to approve the agenda as amended. Fay seconded the motion. All voted aye. 2. MINUTES Vetsch made a motion to approve the regular minutes of the November 4, 2002 City Council meeting. Berning seconded the motion. All voted aye. 3. CITIZEN FORUM Mayor Wallace asked if there was anyone in the audience who wanted to address the Council under the Citizen Forum. Mr. Klecker of Kalland Avenue spoke before the Council. He wanted to discuss the speed limit on County Road 19. With the Coborn's store at that intersection and opening this week he was hoping the speed limit could be controlled. He has come in to talk to the Council over the past couple years regarding this. He has also gone before Wright County to ask for their assistance. Mayor Wallace asked the City Engineer to inform the residents and Council as to how the speed limit is determined. City Engineer stated how things are calculated. They are measured by the State or Federal as to how fast traffic is going. They look at the spacing of intersections, look at other statistics on accidents, curves or bends in the road. They look at pro -active or not active. You would have to show or document the number of accidents and what type of accidents. Councilmember Vetsch wanted letters to be sent to the State and/or County requesting they lower the speed limit. City Engineer will draft a letter and send it out. He is not sure how far we will get with it. We may only get a staff member to reply. City Council Minutes November 18, 2002 Page 2 of 8 Mayor Wallace said he would contact Elmer and the City Engineer would do his best to notify Wayne to get a speed limit sign to change it. Don Peterson of 53rd Street introduced himself as the new Mayor for Albertville. He wanted to clarify as to when he would take over the office as Mayor. He was under the impression it would take affect in December. City Attorney Couri informed Peterson and the Council that when they appointed Wallace as the Mayor he completes the remainder of the term of office. So in January 2003 Don Peterson would come before a Council meeting swear in the Oath of Office, sign and date it. At that point he would take over the office as Mayor. 4. CONSENT AGENDA Berning requested Item 4c(1) be removed from the Consent Agenda and discussed under Administration. Franklin made a motion to approve check numbers 17082—17090; 17092—17110; 17112 —17114; and 17116—17142. Fay seconded the motion. All voted aye. Franklin made a motion to approve Resolution No. 2002-33 (A Resolution Certifying Uncollected Utility Bills to Wright County for Collection with Real Estate Taxes). Fay seconded the motion. All voted aye. 5. SPECIAL ORDER Mayor Wallace opened the Public Hearing at 7:20 p.m. — Resolution No. 2002-35 (Resolution Adopting Assessment for Installation of LaCentre Avenue and Related Utility Improvements). City Attorney Court reviewed over the proposal before the City Council. Mayor Wallace asked if the Council had any questions regarding the Resolution. There were no additional comments or questions. Mayor Wallace closed the Public Hearing at 7:25 p.m. Berning made a motion to approve the Resolution No. 2002-35 as presented. Fay seconded the motion. All voted aye. 6. DEPARTMENT BUSINESS a. Public Works Councilmember Franklin informed the Council that he had heard from Public Works Supervisor Tim Guimont. He was unable to attend as a vehicle hit his mother-in-law. Franklin made a comment to send flowers to Tim and family. All voted aye. Councilmember Franklin went over the potential purchase of the Eull Concrete property. He touched briefly from what he had heard from Tim. He informed them there could be some building issues involved. We may need to do some renovations, City Council Minutes November 18, 2002 Page 3 of 8 would want to watch out for the fill -land. We would want to know about soil testing prior to any purchase agreement. There was a comment that it would make sense to put the Public Works in the former Eull Concrete building. The parks are on this side on I-94, the majority of the streets to plow are here as well. Berning had an additional question for City Engineer Carlson. He was wondering how much room we need. City Engineer reviewed what the assessed needs were for the present and the future of Albertville. Question came up if we would keep the present Public Works Building? It was asked if we would be able to add on to the Eull Concrete building to meet the present or future needs the Public Works department would need. If the City were to purchase the Eull Concrete building would we be held liable for the wet fill Eull Concrete has done. It was shared that if we did purchase the E. Concrete building our plans with the County would be nixed. Near the Treatment Plant we would need about 1.9-2.0 acres. Councilmember Franklin wanted to get some kind of direction — go ahead with a purchase agreement on the E. Concrete building or table it for further discussion. Councilmember Vetsch wanted to know about the number. City Engineer Carlson talked about a TIF Districting. City Attorney Couri added you could not use TIF funds for a Public Works Bldg. It would have to come out of the General Funds. Berning added that looking at the surrounding communities they seem to build a Public Works facility on the outskirts of the city limits. City Attorney Couri could put it in the documents that the previous owner would be liable for the wetland fill. If it was questioned the previous owner would be accountable for it. Mayor Wallace basically asked to get a general interest at this point from the council. Councilmember Vetsch would be interested in pursuing a purchase agreement. Councilmember Fay would not want it to be a Public Works building. Berning agreed with Councilmember Fay. Mayor Wallace wanted to set an amount on how much to spend on researching the site. City Council Minutes November 18, 2002 Page 4 of 8 City Engineer Carlson would do some brief research on the site. He will try to find some aerial photos, numbers, soil testing history and present it at the December 2, 2002 Council Meeting. City Planner added that the owner should provide some information as well. b. (1). Outlets of Albertville Phase III Mayor Wallace turned it over the City Planner Brixius. City Planner Brixius reviewed the JMJ Phase III Preliminary Plat — PUD Development Stage. He touched on the additional items the Planning and Zoning Commission brought up. Councilmember Vetsch asked about a holding pond. City Engineer Carlson addressed the areas of where there are two (2) holding ponds and a number of rain guards. City Attorney Couri was confirming the number or percent required at this site for wetlands. City Engineer Carlson presented a drawing addressing the crosswalk issue. We are hoping this would get customers safely across County Road 19. Councilmember Berning would like to see the developer installing the trail along the front/sides of the mall with the Phase III. It was brought up about the trash enclosures. The ones on the backside and the front. It was address at the Planning and Zoning Commission meeting about the possibility of trash blowing around on windy days. How could we get those a little more contained to prevent this? The developer commented about knocking down the berm along Phase II on County Road 19 and putting in a sidewalk in its place. That would provide a walkway for the customers/pedestrian's to get to Phase II from Phase III or vice - versa. Mayor Wallace has heard there are still issues not addressed or completed from Phase I and Phase II. He wants to see the Fire Department input on Phase III. Fire Chief Roden commented about the issues in Phase I. The water connection by the Nike store he would like to see it fixed and the fire hydrant re -located to where it originally was proposed. City Engineer Carlson went over the details of the trunk line access. He has experienced that Welcome Furniture is not very cooperative in working with on this situation. City Council Minutes November 18, 2002 Page 5 of 8 Councilmember Vetsch asked who would be paying for the trunk line? City Attorney Couri let the council know that the trunk line fees are collected and that is where the access financing would come from. There is a question about an easement on Phase I for the water line. Councilmember Franklin made a motion to approve the Outlets at Albertville Phase III Preliminary Plat and PUD Development Stage with the Findings and Facts with amendments. Fay seconded the motion. All voted aye. c. Engineering (1) Public Works Building (memo) City Engineer Carlson went over the costs involved in the Public Works Building. He informed the council as to why the Fire Station costs seemed higher than the PW Building. (2) Zachman Property Mr. Zachman who lives in the Greenhaven Estates approached City Engineer Carlson. Mr. Zachman wanted to know if it would be possible to get City sewer and water service to his residence. City Engineer Carlson handed out drawings showing the possibilities of servicing the Greenhaven Estates development. The City of Albertville could work something out: City Planner Brixius explained the potential zoning of the land if we annex the land. A potential buyer of the property south of Franklin property would like to zone the partial B-3 or B-W. The question came up as to will the owners be assessed for the sewer and water access? City Attorney Couri went over a possible direction on how to handle this issue. There are two (2) options of how to assess the property. Use the trunk line funds or when the line actually goes down the street. City Attorney Couri was asked to draft a Resolution and send a letter to the Zachman's in regards to the hook up issue. (3) B2-A Zoning District City Planner Brixius addressed the council by stating the B2-A has not gone to publication. He will contact the City Administrator Goeb as to when it will go to publication. d. Legal (1). Discuss Winslow property City Attorney Couri addressed the Council in regards to the Winslow property. Mr. Winslow would like to do some additional landscaping in his backyard. He City Council Minutes November 18, 2002 Page 6 of 8 is aware of a wetland. He would like to include that in his landscaping plans. Mr. Winslow wanted to know who owned it — could he do landscaping near the wetland. He brought to the attention the issues that may arise. How will abutting landowners feel? Will future landowners want to do the same? Councilmember Berning was not in favor of granting the deed or giving the homeowner the option to landscape near the wetland. If we do we will have a number of other residents coming forward and wanting the same. Councilmember Vetsch made a motion to table the discussion. Have Mr. Winslow present at the next Council meeting to show us what he proposes to do before we would consider granting permission. Fay seconded the motion. All voted aye. e. Administration (1) Approve transfer of On and Off Sale Liquor License Mayor Wallace addressed GRG, Inc. with their request. GRG, Inc. wants to transfer the Liquor License to be transferred to C.L. Gentile, Inc. Glen shared with the Council that he has sold his business and wished to transfer his license to the new owner. Councilmember Franklin made a motion to approve the transfer subject to a completed application and the Certificate of Insurance presented to the City Administrator Goeb. Need to meet all of the State Law requirements. Fay seconded the motion. All voted aye. (2) On Sale and Sunday Sale Liquor License Spectators Grille and Bar was present to discuss approval of a liquor license for the restaurant. Councilmember Franklin shared with the Mayor and Councilmembers saying we have been asking for a nice sit down restaurant in the City of Albertville. He would be in favor of giving the last liquor license to Spectators Grille and Bar. Councilmember Fay agreed with Franklin — he would be in favor of the liquor license going to Spectators. Councilmember Franklin made a motion to approve the On Sale and Sunday Sale Liquor License to Spectators Grille and Bar of Albertville, Inc. meeting the City Administrator Goeb requirements for a building permit pulled in six (6) months from today. Berning seconded the motion. All voted aye. (3) On Sale and Sunday Sale Liquor License Fay made a motion to deny the On Sale and Sunday Sale Liquor License for the Pizza Man. Franklin seconded the motion. All voted aye. City Council Minutes November 18, 2002 Page 7 of 8 (4) Consider increasing the number of liquor licenses City Attorney Couri informed the Council the process for adding more liquor licenses in the City of Albertville. One way is for the population to grow. When it gets to 5,000 there would be an additional license added. Second way is to hold a Special Election to ask the public to vote on raising the number of liquor licenses in the City of Albertville. Council would like to have the City Administrator find a date to address this issue. There was talk about piggybacking on the possible school board election next year (2003). (5) Property across from City Hall Councilmember Franklin informed the Mayor and Council that he was approached regarding the house on 60th Street near City Hall. The garbage or miscellaneous junk has been sitting there for a number of months. City Attorney Couri commented that we have sent the owner a letter a couple of years ago. Deputy Clerk Miller confirmed that it was in 2000. Mayor and Councilmembers agreed to have the City Administrator send a letter to the resident homeowner. (6) Consider a pay raise for Planning & Zoning Commission Councilmember Franklin shared that the Planning and Zoning Commission members have not had a raise in a number of years. They have been putting in a number of additional meetings here and there. Councilmember Franklin made a motion to have the City Administrator Goeb draft a Resolution to raise the P & Z fee from $20.00 to $40.00 a month. Vetsch seconded the motion. All voted aye. (7) Praught property negotiations update City Attorney Couri handed out a draft purchase agreement for Beatrice Praught's property. There would be a similar one for Steven Praught's property also. In the agreement they would close on the properties in January 2003. The Praught's want to have the ability to have living quarters until June 30, 2003. Councilmember Franklin made a motion to approve the purchase agreement for both Praught's houses. Vetsch seconded the motion. All voted aye. (8) Approval of payment of claims Councilmember Berning had questions about check no. 17091. Why the Knights of Columbus were paying for a portion of the repairs. The repair was not from the storm damage — it was a general repair. He had a question about check no. 17111 to Hennen. City Engineer Carlson explained in more detail what the invoice was for. City Council Minutes November 18, 2002 Page 8 of 8 Last check no. 17115 to Kennedy and Graven. City Attorney Couri explained it is less expensive to have them do the franchise issues than our attorneys. Councilmember Berning made a motion to approve payment of check nos. 17091, 17111, and 17115. Franklin seconded the motion. All voted aye. (9) Mail boxes on County Road 19 Councilmember Fay asked the City Engineer Carlson when the mailboxes on County Road 19 would be replaced? City Engineer Carlson was not aware they were taken down. He would contact the county to have them replaced or re -installed. (10) Paul Donna and new company Paul Donna addressed the Mayor and Council and informed them that he and some of the staff from the former company formed a new company. He would work with the City Administrator Goeb to come up with numbers of Revenue and Expenditures. (11) Findings of Fact Councilmember Berning wanted a little more clarification on the Findings of Fact process. City Planner Brixius explained to the Mayor and Council how it is handled. 7. ADJOURNMENT Councilmember Franklin made a motion to adjourn at 10:35 p.m. Berning seconded the motion. All voted aye. CITY OF ALBERTVILLE *Check Detail Register© #0,0 December 2002 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 017195 12/2/2002 AFLAC G 101-21710 Other Deducations G 101-21710 Other Deducatlons G 101-21710 Other Deducations G 101-21710 Other Deducations $60.95 672822 $60.95 672822 $60.95 672822 $60.95 672822 Total AFLAC $243.80 Paid Chk# 017196 12/2/2002 ALPINE HOMES AFLAC Insurance Prem-TH AFLAC Insurance Prem-BM AFLAC Insurance Prem-JS AFLAC Insurance Prem-LG G 101-22800 Landscaping Escrow $2,750.00 420508 5473 Kali Avenue Total ALPINE HOMES $2,750.00 Paid Chk# 017197 12/2/2002 COURT & MACARTHUR E 456-49000-304 Legal Fees E 456-49000-304 Legal Fees E 456-49000-304 Legal Fees E 453-49000-304 Legal Fees E 452-49000-304 Legal Fees E 451-49000-304 Legal Fees E 448-49000-304 Legal Fees E 460-49450-304 Legal Fees E 429-49000-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 438-49000-304 Legal Fees E 101-41600-304 Legal Fees E 461-49470-300 Professional Srvs (GENERAL) E 462-49000-304 Legal Fees E 462-49000-304 Legal Fees Total COURI & MACARTHUR $467.50 November 200 Towne Lakes 2nd $82.50 November 200 Franchise Towne Lakes $27.50 November 200 Towne Lakes $220.00 November 200 Kollville Estates 2nd $3,657.50 November 200 Outlets Phase III $137.50 November 200 Albertville Plaza $330.00 November 200 Highway 19 $1,952.50 November 200 WWTF Legal Services $55.00 November 200 HWY 37 & 19 Improvements $27.50 November 200 High School Developers Agreeme $82.50 November 200 Baird Property $337.50 November 200 Bredemeier - Lawsuit $577.50 November 200 General Services $82.50 November 200 Karston Cove $192.50 November 200 Christian Bldrs $67.50 November 200 Lift Stations $357.50 November 200 LaCentre Improvements $577.50 November 200 Albertville Crossings 2nd *9,ZU.50 Paid Chk# 017198 12/2/2002 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale Total DAVIES WATER EQUIPMENT CO. Paid Chk# 017199 12/2/2002 DELTA DENTAL E 101-41300-131 Employer Paid Health E 101-45100-130 Employer Paid Ins (GENERAL) G 101-20801 Inspection Fees Payable E 101-43100-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) E 601-49450-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health Total DELTA DENTAL $323.69 3149147 Meters for Re -sale $323.69 $51.90 3425347 Dental Insurance - Admin $51.90 3425347 Dental Insurance - Parks/Parks $51.90 3425347 Dental Insurance - Bldg Inspec $51.90 3425347 Dental Insurance - PW/PW $51.90 3425347 Dental Insurance - Water/PW $51.90 3425347 Dental Insurance - WWTF/PW $103.80 3425347 Dental Insurance - Office $415.20 Paid Chk# 017200 12/2/2002 EMERGENCY MEDICAL PRODUCTS E 101-42000-200 Office Supplies (GENERAL) Total EMERGENCY MEDICAL PRODUCTS $328.38 INV3566951 Emergency Medical Supplies $328.38 Paid Chk# 017201 12/2/2002 ESS BROTHERS & SONS, INC. E 602-49400-407 R/M - Water Mains $221.52 EE5516 Cl ADJ RING Total ESS BROTHERS & SONS, INC. $221.52 Paid Chk# 017202 12/2/2002 EULL, JOEL R. E 101-43100-410 Rentals (GENERAL) $1,000.00 NOVEMBER 2 Rental of Building CITY OF ALBERTVILLE 11/27/0212:38 PM Page 2 *Check Detail Register@ December 2002 Check Amt Invoice Comment Total EULL, JOEL R. $1,000.00 Paid Chk# 017203 12/2/2002 FAIRVIEW NORTHLAND E 101-42000-305 Medical - Physicals $66.00 1999392 R.Marquette vaccines Total FAIRVIEW NORTHLAND $66.00 Paid Chk# 017204 12/2/2002 FERN GRAVEL & EXCAVATING E 101-43100-401 Repair/Maint - Unpaved $703.78 9058 crushed concrete Total FERN GRAVEL & EXCAVATING $703.78 Paid Chk# 017205 12/2/2002 GRANITE ELECTRONICS E 601-49450-404 Repair/Maint - Machinery/Equip $383.33 INV 057364 Move lift station alarm Total GRANITE ELECTRONICS $383.33 Paid Chk# 017206 12/2/2002 1 T L PATCH COMPANY, INC. R 101-36200 Donations $1,145.41 24672 Badges/Name Tages/Insignia Total I T L PATCH COMPANY, INC. $1,145.41 Paid Chk# 017207 12/2/2002 KENCO G 101-22800 Landscaping Escrow $2,750.00 Partial 10332 Karston Avenue Total KENCO $2,750.00 Paid Chk# 017208 12/2/2002 KENNEDY & GRAVEN E 456-49000-304 Legal Fees $945.00 54034 Franchise -Towne Lakes Total KENNEDY & GRAVEN $945.00 Paid Chk# 017209 12/2/2002 KNISLEY CONSTRUCTION G 101-22800 Landscaping Escrow $500.00 Partial Escrow- 1 Tree Total KNISLEY CONSTRUCTION $500.00 Paid Chk# 017210 12/2/2002 L.M.C.I.T. E 101-41100-151 Worker's Comp Insurance Prem $73.00 0200031319 Elected Officials E 602-49400-151 Worker's Comp Insurance Prem $117.00 0200031319 Municipal Employees E 101-41400-151 Worker's Comp Insurance Prem $440.00 0200031319 Office/Clerical Employees E 101-43100-151 Worker's Comp Insurance Prem $2,752.00 0200031319 General PW Maintenance E 101-42000-150 Worker's Comp (GENERAL) $2,424.00 0200031319 Firefighters (Volunteer) E 101-45100-151 Worker's Comp Insurance Prem $1,108.00 0200031319 Parks Maintenance Insurance E 601-49450-151 Worker's Comp Insurance Prem $1,023.00 0200031319 Water Dept. Maintenance Total L.M.C.I.T. $7,937.00 Paid Chk# 017211 12/2/2002 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $467.70 November 200 Legal Publication Total LARSON PUBLICATIONS $467.70 Paid Chk# 017212 12/2/2002 MEDICA E 101-41400-131 Employer Paid Health E 601-49450-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) G 101-20801 Inspection Fees Payable E 101-43100-130 Employer Paid Ins (GENERAL) E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41300-131 Employer Paid Health Total MEDICA $1,706.80 102335115311 Medical Ins -Office Staff $853.40 102335115311 Medical Ins-WWTF/PW $853.40 102335115311 Medical Ins - Water/PW $853.40 102335115311 Medical Ins -Bldg Inspec $853.40 102335115311 Medical Ins - PW/PW $853.40 102335115311 Medical Ins - Parks/Parks $853.39 102335115311 Medical Ins -Administrator $6,az 1.19 Paid Chk# 017213 12/2/2002 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $134.00 128159 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $134.00 Paid Chk# 017214 12/2/2002 MINNESOTA COPY SYSTEMS CITY OF ALBERTVILLE 11/27/02 12:38 PM Page 3 *Check Detail Register@ December 2002 Check Amt Invoice Comment E 101-41400-413 Office Equipment Rental $171.73 111700 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $171.73 Paid Chk# 017215 12/2/2002 NCPERS GROUP LIFE INSURANCE G 101-21710 Other Deducations $16.00 November 200 NCPERS Insurance Prem Total NCPERS GROUP LIFE INSURANCE $16.00 Paid Chk# 017216 12/2/2002 NEXTEL COMMUNICATIONS E 602-49400-323 Nextel Radio Units $50.29 718183318-01 Two-way Cell - Water Dept G 101-20801 Inspection Fees Payable $815.52 718183318-01 Two-way Cell - Bldg Dept. E 101-45100-323 Nextel Radio Units $50.29 718183318-01 Two-way Cell - Parks Dept E 101-43100-323 Nextel Radio Units $50.29 718183318-01 Two-way Cell - PW Dept E 101-42000-321 Telephone $50.29 718183318-01 Two-way Cell -Fire Dept. E 601-49450-323 Nextel Radio Units $50.62 718183318-01 Two-way Cell - Sewage Plant E 101-41400-323 Nextel Radio Units $51.96 718183318-01 Two-way Cell-Eng Inspec E 101-41400-323 Nextel Radio Units $100.58 718183318-01 Two-way Cell -Office Staff Total NEXTEL COMMUNICATIONS $1,219.84 Paid Chk# 0172 77 12/2/2002 NUPAC INDUSTRIES, INC E 101-42000-200 Office Supplies (GENERAL) $108.89 360806 Supplies E 101-42000-200 Office Supplies (GENERAL) $683.44 360809 Supplies Total NUPAC INDUSTRIES, INC $792.33 Paid Chk# 01T218 12/2/2002 OFFICE MAX E 101-41400-200 Office Supplies (GENERAL) R 101-32210 Building Permits Total OFFICE MAX Paid Chk# 017219 12/2/2002 OMANN BROTHERS $400.53 November 200 General Office Supplies $52.00 November 200 Bldg. Dept Office Supplies Z4b1.W E 101-43100-400 Repair/Maint - Paved Rd $1,560.00 17758 54th Street & Main Repair Total OMANN BROTHERS $1,560.00 Paid Chk# 017220 12/2/2002 PITNEY BOWES E 101-41400-413 Office Equipment Rental $204.00 0787150-NV02 Postage Machine Rental Total PITNEY BOWES $204.00 Paid Chk# 017221 12/2/2002 PORTABLES PLUS SANITATION E 101-45100-415 Other Equipment Rentals $228.16 107527 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $228.16 Paid Chk# 017222 12/2/2002 ROCKFORD STATE BANK E 322-47000-611 Bond Interest $1,013.18 2002 Pymt 1992 G.O. Bond E 322-47000-601 Debt Sry Bond Principal $8,600.00 2002 Pymt 1992 G.O. Bond Total ROCKFORD STATE BANK $9,613.18 Paid Chk# 017223 12/2/2002 S. E. H. E 426-49000-303 Engineering Fees $540.00 93112 Frontage Road Improv - E 448-49000-303 Engineering Fees $700.00 93113 CASH 19 / 57th Street Traffice E 438-49000-303 Engineering Fees $60.03 93114 CCSo. 7th E 450-49000-303 Engineering Fees $300.15 93545 2000 AV 2nd E 456-49000-303 Engineering Fees $336.46 93546 Towne Lakes 2000 E 452-49000-303 Engineering Fees $3,982.45 93551 Outlets @ Albertville III E 456-49000-303 Engineering Fees $16,428.94 93552 Towne Lakes 2nd E 101-41700-303 Engineering Fees $1,683.19 93553 Ice Arena Parking Lot E 101-41100-300 Professional Srvs (GENERAL) $1,375.15 93554 City Marketing Materials E 101-41700-303 Engineering Fees $3,940.69 93555 General Eng. Ser. Oct. E 101-41700-303 Engineering Fees $373.53 93556 2002 Street Overlay R 101-32210 Building Permits $1,750.00 93557 Lots Surveys E 463-49000-303 Engineering Fees $2,452.17 93558 Darkenwald Commercial CITY OF ALBERTVILLE 11/27/02 12:38 PM Page 4 *Check Detail Register© December 2002 Check Amt Invoice Comment E 463-49000-303 Engineering Fees $5,550.00 93559 2001 NW Commercial E 450-49000-303 Engineering Fees $543.89 93560 AV 4th E 454-49450-303 Engineering Fees $2.675.00 93561 Savitski Lift Station E 457-49000-303 Engineering Fees $604.65 93562 2000 Heuring Meadows Total S. E. H. $43,296.30 Paid Chk# 017224 12/2/2002 SECURITY STATE BANK OF MAPLE L E 322-47000-611 Bond Interest $1,013.18 2002 Pymt 1992 G.O. Bonds E 322-47000-601 Debt Sry Bond Principal $8,600.00 2002 Pymt 1992 G.O. Bonds Total SECURITY STATE BANK OF MAPLE L $9,613.18 Paid Chk# 017225 12/2/2002 SPRINT -NC R 101-32210 Building Permits $275.00 C112202055 Phone Labor/Serv.Bldg Dept E 101-41940-321 Telephone $200.00 C112206157 labor & service Total SPRINT -NC $475.00 Paid Chk# 017226 12/2/2002 T & S TRUCKING E 101-43100-227 Street Sweeping $372.00 47 Street Sweeping 11/12/02 Total T & S TRUCKING $372.00 Paid Chk# 017227 12/2/2002 UNIFORMS UNLIMITED INC R 101-36200 Donations $860.00 142537 Uniforms (donations from Lions Total UNIFORMS UNLIMITED INC $860.00 Paid Chk# 017228 12/2/2002 VERIZON E 101-42000-321 Telephone $39.51 November 200 Wireless Phone Total VERIZON $39.51 Paid Chk# 017229 12/2/2002 VISION STAFFING SOLUTIONS R 101-32210 Building Permits $612.25 IVC2569 Temporary Secretary R 101-32210 Building Permits $496.00 IVC2589 Temporary Secretary Total VISION STAFFING SOLUTIONS $1,108.25 Paid Chk# 017230 12/2/2002 VISIONARY SYSTEMS, LTD E 101-42000-570 Office Equip and Furnishings $3,190.00 25429 Firehouse Software Total VISIONARY SYSTEMS, LTD $3,190.00 Paid Chk# 017231 12/2/2002 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $1,241.90 3603 salt/sand mix E 101-43100-404 Repair/Maint - Machinery/Equip $409.36 3604 spinner motor'79 plow Total WRIGHT COUNTY HIGHWAY DEPT. $1,651.26 Paid Chk# 017232 12/2/2002 WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities $42.51 November 200 Street Lighting - 58-59-60 St. E 601-49450-381 Electric Utilities $101.48 November 200 Electric -Towne Lakes -Lift Stat Total WRIGHT HENNEPIN ELECTRIC $143.99 Paid Chk# 017233 12/2/2002 XCEL ENERGY E 601-49450-381 Electric Utilities $78.28 Electric-52nd St -Lift Station Total XCEL ENERGY $78.28 10100 Premier Bank $111,460.04 CITY OF ALBERTVILLE 11/27/02 12:38 PM Page 5 *Check Detail Register© December 2002 Check Amt Invoice Comment Fund Summary 10100 Premier Bank 101 GENERAL FUND $44.806.13 322 1992A GO IMP $19,226.36 426 FRONTAGE RD SEWER $540.00 429 CSAH 19/37 INTERSECTION $55.00 438 CEDAR CREEK N & S $142.53 448 CSAH 19 IMPROVEMENT $1,030.00 450 ALBERT VILLAS $844.04 451 MOONEY ADDITION $137.50 452 TRAFFIC LIGHT $7,639.95 453 KOLLEVILLE ESTATES $220.00 454 SW LIFT STATION $2,675.00 456 TOWNE LAKES $18,287.90 457 HEURING MEADOWS $604.65 460 2000 WWTF EXPANSION $1,952.50 461 TOWNE LAKES LIFT STATION $67.50 462 COBURN'S $935.00 463 NW COMMERCIAL PARK $8,002.17 601 SEWER FUND $2,676.01 602 WATER FUND $1,617.80 $111,460.04 TO: FROM: DATIC: Crry QFAmR MLMORAN1ii1A+i Mayor and Cif Coas+l Tim Guinsonts Pabfic Works Supavisor November 27, Works/Parks {.,,Report ' ti,_3 is ..:_ f i bench wasplaced L the skatepark for spectators. 6.. signage has been ordered and received for the skate park also. We have been fl I t •. !f leavesandplacing wood 1 i chips around li" trees in the parks. 4 have started t floo i the bockt Minnallisoonsin Playgroundhastwo iit 3-row aluminum bleachers assembled t ;i havebeenused 9i oneeverit.Thecost1rusnormally06for both #unassem liecost for lx would be f 0! Then would be 1 addition 4 he onesweordered from the storm damage. =1* RM The crosswalkshavebeenpunted the 1 ii.:School and t Street The streds in the old part of town have been swept. t F W # w>. t •:{ 1 i'1#� f:.: 1. r.• <t l fi:i !1 ! 1-{ -f. �.#:1 -.,;, S.1 i. `y l# i1 ♦t _y,{ Holy decorstions have been, repaired and put up. i ._ ,s _ 1 1 . 4_ illtif i tl f _.+ i # - ;I lgr XqU,IV& — Guiraoint Family thanks the city for the beautiful floral arrangement. Thank you for thinking of us in this time of sorrow. Congratulations go out to Mike Jenkins %mily on the new arrival of their daughter Jenna Renee, born Thursday, November 21, 2002. TG.t+mm He Ws amilipow CADowswoit mA pwv}bDommol Dilawmal v[►=b Isi RqmmW-M Report 11-27•0 Aos 444111TOWtSTASSOCIATID to"31111111! 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 Planning Commission Linda Goeb, City Administrator FROM: John Glomski / Alan Brixius DATE: November 7, 2002 RE: Albertville - Gary Vetsch Conditional Use Permit and Variance request FILE NO: 163.06 - 02.26 BACKGROUND The applicant, Mr. Gary Vetsch, is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial use (Smack Down's Bar and Grill). The applicant's property is located at 5772 main avenue north east and is zoned B-4, General Business District. The applicants building is an existing non -conforming structure in that it does not meet the following performance standards as described in City Code; 1) 20' Rear yard setback 2) 20' Side yard setback when abutting a residential use 3) Surface treatment for off street parking 4) Parking stall deficiency 5) Location and screening of dumpster 6) Curb cut location The site abuts a single family Residential property to the east and the proposed building addition will further reduce the existing setback from this Residential property. A non -conforming use or structure is not allowed to be expanded unless the nonconformity is lessened. The applicants request results in the need for a variance to the two setback requirements. The remaining non -conformities should be brought into conformance via conditions of the conditional use permit as described in this report. The Planning Commission and City Council will make the decision whether or not the improvements required by the conditional use permit are sufficient in lessening the nonconformity and allowing for the needed variances. The applicants request was discussed during the October 8, 2002 Planning and Zoning Commission meeting, however without a quorum there was no action taken on the issue. Attached for Reference: Exhibit A: Site Survey Exhibit B: Rear Building Elevation Exhibit C: Side Building Elevation Exhibit D: Site Pictures Exhibit E: Possible Parking Layout ISSUES ANALYSIS Conditional Use Permit: A residential use is allowed in a combined structure in the B- 4 district, provided that: 1) When combined with a non-residential use, the uses are separated on independent floors of the structure. Finding: The proposed residential use will be located on a separate floor with a separate enclosed entrance via a stairs at the rear of the building. 2) The provisions of Section 400.2(e) of this Chapter are considered and satisfactorily met. (1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The location of the applicants property is on the border of the B-4 commercial district and the R-1, single family district, in the older central business district of Albertville. The applicants proposal is consistent with the goals and policies of the comprehensive plan in that it is a redevelopment of the central business district. The following are a list of goals and policies of the comprehensive plan that relate to this proposal; Maintain and improve the commercial, retail service focal points for the community. Promote redevelopment efforts to acquire and redevelop substandard and/or non -conforming buildings and properties in conformance with the established district plans. 2 Promote redevelopment of older businesses. Protect and preserve existing neighborhoods. (2) The proposed use is or will be compatible with present and future uses of the area. Finding: The site abuts a residential use with only a fence as a buffer separating the uses, raising some issues in regards to compatibility. Private reinvestment in the property along with adherence to conditions of the conditional use permit, such as garbage enclosure, paving of lot, location of curb cut, and proper hooding of lighting, may alleviate some negative compatibility issues. If the Planning Commission chooses to approve this project, these conditions need to be made in order to address this issue of compatibility. (3) The proposed use conforms with all performance standards contained herein. Finding: The proposed use will be located on the second floor of an existing non -conforming structure. The site is non -conforming in relation to setbacks, parking, trash enclosures, and curb cut location. The requested variances will bring the building closer to the adjoining residential use. If approved, Staff is suggesting a number of site improvements to reduce the site non -conformities and address issues of compatibility. The Planning Commission should determine if the improvements will justify the reduction in setbacks. (4) The proposed use will not tend to or actually depreciate the area in which it is proposed. Finding: Through private reinvestment that will bring this non -conforming site into closer compliance with City Code, this project may revitalize and improve the surrounding area. (5) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Finding: The proposed use will not overburden the City's service capacity. (6) Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: This is a single apartment use and thus shouldn't have much if any affect on increased traffic. Variance: The applicants building is a nonconforming structure and site in that it doesn't meet several of the performance standards required by ordinance. The applicant will need a variance to solve the setback issues while the conditions of the CUP will attempt to resolve the remaining issues. Setback Issues: rear yard required: 20' rear yard provided: 17' side yard required: 20' when abutting residential side yard provided: 14.4' side yard after expansion: 9' Finding: This request will expand the non -conformity in that the new entrance will encroach further into the side yard setback and to the adjoining residential property. Staff is suggesting a number of conditions and site improvement to reduce the non- conformity. The Planning Commission should determine if the improvements will justify the reduced setbacks and request for variance. The Zoning Ordinance, Section 500, sets out specific criteria for the review of variance requests. Essentially, the property owner seeking the variance must show that the variance is necessary to allow reasonable use of the property, and that there is hardship in meeting the basic zoning regulations that is peculiar to the land, structure or building involved. Finding: Section 500.1(c)(2)a.3. states that special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. Consequently, there isn't a clear cut hardship in this particular case. However, it should be noted that the ordinance, in Section 900.2(i), does allow for a non -conforming use of a structure of land to be changed to lessen that non -conformity of use. It is possible that with the granting of the variance and adherence to the recommended conditions and site improvements that the outcome will be a lessening of the non -conformity and an overall improvement to the area. Parking Issues: The use is currently deficient in parking in that it provides approximately 15 off street stalls when the ordinance requires between 50 and 70 for this particular use. (Staff does not have the floor plan of the building, thus was unable to figure out the exact amount, which is based on sq. footage of dining/bar and kitchen) The ordinance does allow for a use to be deficient by up to 50% of the required parking with a joint parking CUP. In addition the existing parking does not have any curbing, pavement, or striping per ordinance requirement. Finding: It has been noted by city staff that the lack of parking has been an issue for the Smack Down Bar, particularly during peak hours and weekends when parking tends to spill across the street to the St. Albert Parish Centers parking lot. As a result debris is often left behind. Staff has review possible parking layouts and as shown in (Exhibit E) came up with a possible layout providing 17 stalls, a location for the trash enclosure, and elimination of the curb cut on the south east corner of the parcel. 0 Although the applicant will not be able to meet the 50% requirement, a joint parking agreement between the applicant and St. Albert Parish Center should be a condition of the CUP so the applicant can take some responsibility for the maintenance and clean up of the parking lot they are currently using. A paving plan needs to be approved by the city engineer and the parking lot should be paved and striped in accordance with City Code, Section 1200.4. Screening and Landscaping: The Ordinance, Section 1000.7, requires that a business abutting a property zoned for residential use provide screening along the boundary of the residential property. Finding: The residential parcel to the east of the applicants property has provided a fence, however the applicant has not provided for any screening or landscaping along the boundary. There may not be room to provide additional screening as required in Section 1000.7 of the ordinance, however, by limiting glare from existing and additional lighting and enclosing the stairwell, the encroachment should have a minimal effect and may improve the overall appearance of the structure. Glare: The Ordinance, Section 1000.10, requires that any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Finding: As a condition of the CUP, any lighting added to the entrance to the new use as well as all existing lighting should be hooded so as not deflect light into the adjoining residential property, subject to review of the City Planner. Location and Screening of Dumpster: The Ordinance, Section 1000.15, requires dumpsters to be located in the rear or side yard and screened from neighboring properties. Finding: The applicant currently has his dumpsters unscreened and located in the parking lot. As a condition of the CUP, the dumpsters should be enclosed and screened from view as described in Section 1000.15(b) of the Ordinance. Enclosure plan subject to review of the City Planner. Curb Cut Location: City Ordinance, Section 1200.4(9), states that except with special approval from the zoning administrator, curb cut openings shall be a minimum of five feet from the side yard property line in all districts. Finding: The applicant currently has a curb cut on the south east corner of the lot that splits the lots line, partially on the neighboring property. As a condition of the CUP, the curb cut should be removed or located in a position further west that meets the requirements of city code. A paving plan should be approved by the city engineer. 5 RECOMMENDATION This was a very difficult application to review. The Planning Commission has two alternatives. One option would be to deny the request for variance based on the finding that the requirement for showing hardship has not been met, thus eliminating the need for a conditional use permit. The second option would be for the Planning Commission to approve the variance and conditional use permit based on the finding that the suggested site improvements and conditions will lessen the non -conformity of the site and improve the overall area. Staff is supportive of both alternatives with alternative two being subject to the conditions outlined below. 1) Parking lot is to be paved and striped in accordance with City Code -Section 1200.4. A paving plan is to be submitted and approved by City Staff prior to paving. Curbing and landscaping is to be included as illustrated in Exhibit E. 2) Curb cut at south east corner of the parcel is to be removed. 3) A joint parking agreement with St. Albert Parish Center allowing continued use of their parking lot should be signed and submitted to city staff, suitable to the review and approval of the City Attorney. 4) Dumpster should be enclosed and screened from view in accordance with City Code Section 1000.15(b), subject to City Planner review and approval. 5) Any lighting added to the entrance to the residential use as well as all existing lighting should be arranged as to deflect light away from adjoining residential areas as described in Section 1000.10 of the City Ordinance, subject to City Planner review and approval. 6) Rear entry/exit from bar should be used for handicap accessibility or emergency exit only and not for normal everyday use. 7) Building code concerns are met and approved by the building code official. 8) Any further conditions required by the city engineer. pc: Mike Couri Pete Carlson Gary Vetsch 2 . , /2002 10:58 7634970774 PAGE 01 A. MOE WCHITECTS INC. FPO< NO. : 76WO469 MCC. 06 2901 10s lopwi P1_ _ DOUGLAS A. 1109 01 ARCHITECTS INCOAPORATEO 16424 Yal• 4t►met elk, Rlre►, 1AlsntnOta SiiiA ��,4it� it1-64i0 GY�T Mir (EXHIBIT A u i ZTd Wd6£:Z0 Z00Z 80 Z �' n%_ OTZ£L6t7M. 'ON Xdd 81I I n1d8S7d d0 AIM 0 : WOdd FROM : CITY OF ALBERTVILLE FAX NO. : 7634973210 Oct. 08 2002 02:38PM P11 EXHIBIT C ��2 9 7o Z At te- ILE - - - - - - - - - - - QU WA �k"Z,"' "r All RIM 9 r y{yy i" 3 Rk r u t" t r T L UI LAJ C� 2IQ v ( ExtSritvG �urLD+Ne 17.3 INGRESS AND EGRESS-i ^ EXt57'tNC� EASEMENT '; t SUtLDIN6 �i704 // -14,4 Y Q. a EXt5rl* 6UtlDING o ir&S% ebgz6vre Q o c / d Q b000 RAMP t i I II Pa�wre�s�' :=I9 10 J/ 12 13 1q-!I5 14 17 27 - 89. 53 --- --� N N Ile, 577N STREET ME remove !Upia eA LEGAL UF_SC� The west 89. Block 1, Erll, Albertvil.e, Wr the north 3. ! ingress and F south 17.00 of the west low EXHIBIT E Sd Wdb£ : Za ZOOZ 80 '��0 BZZ�L6b�9L �N Xdd = 7 T n 1 AgP7H 4n ) + T 7 wnm 4 11-25-02 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Conditional Use Permit Variance Applicant's Name: Gary Vetsch Request: The applicant is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial Use (Smack Down's Bar and Grill). The applicant's building is an existing non -conforming structure in the B-4 District. The applicant is requesting a variance to the rear and side yard setback requirements. Planning Commission Public Hearing Date: November 12, 2002 City Council Meeting Date: December 2"d, 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 Planning Report dated November 7, 2002 prepared by NAC is incorporated herein. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. The Variance is not in compliance with the required conditions for approval as described in Section 500 of the Albertville Zoning Ordinance. D1. The proposed project fails to show hardship and the extension of the structure into the side yard increases the nonconformity. Decision: Based on the foregoing considerations and applicable ordinances, the Conditional Use Permit and Variance are denied based on the most current plans and information received to date. Adopted by the Albertville City Council this 2"d day of December 2002. Attest: By: Linda Goeb, City Administrator City of Albertville By: Scott Wallace, Mayor I14*RT1A t%T ASSOCyATtO t*114S LTAIN (406( 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 554io Telephone:952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Planning Commission Linda Goeb, City Administrator FROM: Cynthia Putz-Yang / Alan Brixius DATE: November 7, 2002 RE: Albertville — Don's Bus Garage / Parade Car Rentals FILE NO: 163.06 — 02.28 BACKGROUND Applicant Mark Daleiden of Parade Car Rentals and property owner Don Barthel of Don's Bus Garage have submitted an application for a Planned Unit Development (PUD) amendment to allow a car rental use on a portion of the bus garage site at 6000 LaBeaux Avenue NE (County Road 19). Four buildings exist on the site. The car rental business would occupy office space in the building closest to County Road 19. A PUD for the property was approved in 1997 to allow the fourth building on the property to be constructed. The site is a PUD because there are multiple buildings on the property and a shared access/parking arrangement. The PUD agreement entered into in 1997 is attached in Exhibit D. The underlying zoning is B-3, Highway Commercial District. Attached for reference: Exhibit A — Site Location Exhibit B —1997 Site Plan for Bus Garage Site Exhibit C — Site Plan Submitted for Parade Car Rental Exhibit D — Planned Unit Development Agreement ISSUES AND ANALYSIS Zoning. Section 4400.2 states that motor vehicle, farm implement, and recreation equipment sales, uses, structures and outdoor sales and storage accessory thereto are permitted in the B-3 District. Car rental is permitted because it is a motor vehicle use. PUD Amendment. The PUD agreement specifies that the property be used exclusively for the operation of a bus garage. A change in use requires a detailed development plan review, City Council approval, and a PUD amendment. Building Setbacks. All of the existing buildings comply with the required setbacks listed below: Front: 35 feet Interior Side: 20 feet Corner Side: 35 feet Rear: 20 feet Parking Setbacks. Parking areas are required to be set back at least five feet from all property lines. The site plan submitted in 1997 shows that the parking lots are very close to meeting this standard; however, it appears that the paving comes closer than five feet to the west property line and southwest corner of the property. Parking. The site plan submitted with the application for a PUD amendment differs somewhat from the site plan submitted in 1997. The plan submitted in 1997 shows three east/west rows of parking, but the site plan submitted with the PUD amendment application shows a different parking arrangement. It appears from the new site plan that the car rental use would occupy 12 parking spaces. The NAC planning report dated July 29, 1997, that reviewed the expansion of Don's Bus Garage stated that the site plan showed 65 spaces, which met ordinance parking requirements through the provision of 18 spaces for office use, 22 spaces for warehouse use, and 25 employee spaces. Unless more spaces have been created or the bus garage needs fewer spaces, there are no extra spaces for rental cars. CONCLUSION The proposed car rental use is permitted in the B-3 District and could be allowed on the site with a PUD amendment; however, unless more parking spaces are created or the bus garage needs fewer spaces than it appeared to need in 1997, a shortage of spaces for rental cars exists. We cannot recommend approval of a PUD amendment if a parking shortage exists. If the applicant and owner can demonstrate that adequate parking will be provided for both the bus garage and car rental uses, then the Planning Commission may wish to recommend approval of the PUD amendment subject to conditions. Conditions that the Planning Commission may wish to consider include bringing the site into closer conformance with Zoning Ordinance standards on issues such as parking lot setback, striping, and curbing. Another condition should be to verify that the conditions listed in the PUD agreement have been met. pc: Mike Couri, Pete Carlson, Don Barthel, and Mark Daleiden 2 CITY OF ALBERTVILLE OFFICIAL ZONING MAP ❑ ❑ A-1, Agricultural Rural R-6, Residential High Density © B-W, Business Warehouse ❑ A-2, Agricultural Transitional R-7, Special Purpose High Density ❑ 1-1, Light Industrial R-1A, Low Density Single Family ❑ R-8, Mixed Housing 2 I-1A, Limited Industrial ❑ R-1, Single Family Q R-MH, Manufactured Housing ResidentialO 1-2, General Industrial R-2, Single & Two Family ❑ 8-1, Neighborhood Business ❑ PUD, Planned Unit Development ® R-3, Single & Two -Family © B-2, Limited Business ❑ P/I, Public/Institutional ❑ R-4, Low Density Multiple Family ❑ B-3, Highway Commercial ❑ S, Shoreland Overlay R-5, Medium Density Multiple Family ❑ B-4, General Business ❑ W, Wetland Overlay 12-3-96 EXHIBIT A ' z a r 0 roe Q z M VV}Q� Q �i Vl a� 14 � 14 Y / :j Y3 �/ A .0 (i Q DON'S BUS GARAGE CONDITIONAL USE PERMIT PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated November , 1997, by and between the CITY OF ALBERTVILLE, a Minnesota municipal corporation ("City"), and Donald and Betty Barthel (collectively, "Developer"). WPTNESSETH: WHEREAS, Developer has submitted plans for the expansion of Don's Bus Garage located at 6000 LaBeaux Avenue NE, Albertville, MN, ("Subject Property") and legally described as: A tract of land in Section 1, Township 120 North, Range 24 West, described as follows: Lot 1, Block 1, Barthel Commercial Park Wright County, Minnesota. WHEREAS, said Subject Property is currently zoned B-3, Highway Commercial, with which this use conforms; and WHEREAS, the placement of an additional building for storage and maintenance space for additional buses on the Subject Property will result in several buildings being located on the Subject Property, as well as a shared access/parking arrangement, which in turn requires the establishment of a planned unit development through a conditional use permit process; WHEREAS, the City has granted Developer's request to place a fourth building on the Subject Property to provide storage and maintenance space for additional buses and generally to accommodate the growing business, contingent upon completion and continuing compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City further requires that certain site improvements be installed by the Developer within and about the Subject Property, and that the Developer at all times comply with certain other restrictions related to the use of the Subject Property as detailed in this agreement; WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of 1 EXHIBIT D the parties concerning the use of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of the CiWs granting of the Planned Unit Development, Developer agrees as follows: l Reyie-4 for Planned Unit n veln0ment Apnrnval- The Developer has asked the City to approve a Planned Unit Development (PUD) overlay district on the Subject Property. 2. C anditinns of Aims val_ The City hereby approves the Planned Unit Development district on condition that the Developer enters into this Agreement and complies with its terms and conditions. 3. 1Tce ofPremicea_ Developer agrees that it shall use the Subject Property for the operation of a bus garage. Developer agrees that the use of said Property shall be strictly limited to the uses described herein unless otherwise agreed by the City and Developer. 4. Changes in and Annfiration of Offiirial C ontrnlc_ Nothing herein shall be interpreted as limiting the Ci 3 ability to amend its Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement, as they apply to this Agreement or otherwise. Unless otherwise specifically contradicted by the terms of this agreement, all official City controls and ordinances presently existing or hereafter enacted shall apply to the Subject Property. 5, nevelapment Plan_ The Subject Property shall be developed in accordance with the following plan, attached and incorporated herein as Exhibit A. 6. FLtnre nevelnnmen /Change in Use Further development of the Subject Property shall require City Council approval and agreement amendment. Major development additions or a change in use beyond that established in this Agreement shall require detailed development plan review, City Council approval and a PUD amendment. 7. prnnerty Development and ITce Development and use of the Subject Property shall comply with the following performance standards: a. Deciduous trees shall be planted along 6& Street from the existi -g ees on the west end of the site to the east end of the site near the comer of 60 -Street and Lachman Avenue. 2 b. Sixtieth Street and the remainder of Lachman Avenue shall be platted in a width and configuration acceptable to the City engineer and sixtieth street and Lachman Avenue constructed in accordance with City standards for a commercial street (this requirement shall not apply to the north forty feet of Outlot A, which has been conveyed to the City). Adjacent lots shall be platted to the extent possible. These items must be completed prior to issuance of a certificate of occupancy and will be subject to review and approval by the City Engineer. C. The parking lot shall be curbed unless waived by the City Engineer for drainage purposes. d. Landscaping shall be provided by the Developer upon request by the City Council. 8. Suru. a. Developer will provide the City with cash or an irrevocable letter of credit as security that the obligations of the Developer under this contract shall be performed. Said letter of credit must meet the approval of the City attorney as to form and issuing bank Said letter of credit shall be in the amount of $148,500, representing the 100% of the estimated construction and engineering costs for the installation of the Site Improvements. b. The City may draw on said letter of credit to complete work not performed by Developer, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this agreement, or to otherwise fulfill the obligations of Developer under this agreement. c In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amounts If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. All monies deposited with the City shall be used by the City at the City's discretion to defray the City's costs and expenses related to the project(s) referred to herein. d. Developer hereby agrees to allow the City to assess Developer's property for 3 any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit prove insufficient or should Developer fail to maintain said letter of credit in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Min iesota Statutes. e. That portion of said cash, irrevocable letter of credit, or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. f. Periodically, as payments are made by the Developer for the completion of portions of the site improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the site improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. 9. SLret$E Release= The developer may request of the City a reduction or release of any surety provided for in conjunction with the Site Improvements as follows: a. When another acceptable surety is fiunished to the City to replace a prior surety. b. When the final cost amount minus previous payments for work performed becomes less than the surety provided, thus allowing the surety to be reduced to a sum commensurate with the remaining amount of the project. C. No reduction shall be made which would result in the surety held being less than thirty-five percent (35%) of the original surety until the final costs are known. It is the intent of the City and Developer that said letter of credit shall be released in its entirety when all site improvements to the Property are completed as detailed in this agreement. 2 10. Draw on F.xoirinZ Letter of Credit In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty- five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. Such irrevocable letter of credit must contain a provision stating that the letter of credit shall automatically renew for a one-year period unless the issuer of the letter of credit notifies the City of the issuer's intent not to renew the letter of credit within sixty (60) days prior to the expiration of said irrevocable letter of credit. The form of said irrevocable letter of credit shall be approved by the City Attorney prior to its issuance. 11. nevelnner�'Q T.x=Mse Installation of all site improvements required by this agreement shall be at the sole expense of the Developer. 12. Right of Entry- The Developer hereby grants the City, its agents, employees, officers and contractors an irrevocable right to enter the Subject Property to perform all reasonable work and inspections deemed appropriate by the City in conjunction with the granting of this PUD. 13. CIeauIZp. The Developer shall daily clean dirt and debris from public streets that have resulted from construction work by the Developer, their agents or assigns. 14. Re=ansibilita for rnata_ a. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the PUD. Developer shall pay all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the PUD, including but not limited to, legal, engineering and planning expenses. b. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from PUD approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 5 C. The Developer shall reimburse the City for any and all costs incurred in the enforcement of this agreement, including reasonable attorneys' fees. d. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may cease all PUD development work and construction, including but not limited to the issuance of building permits, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. 15. M weUgneang- a. The Developer represents that to the best of its knowledge, the PUD complies with the city, county, metropolitan, state and federal laws and regulations, including but not limited to zoning ordinances and environmental regulations. If the City determines that the PUD does not comply, the City may, at its option, refuse to allow construction or development work in the PUD until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. b. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits or revocation of the PUD. d. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this agreement shall not be a waiver or release. f. This Agreement shall run with the land and may be recorded against the title to the property. g. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or n hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 16. Violation of Agreement a. In the case of default by the Developer its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer mailed notice thereof; and if such default is not cured within the immediately following thirty (30) day period, the City is hereby granted the right and the privilege to declare this PUD terminated, and/or to bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorneys fees incurred in enforcing this agreement. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. The City may thence immediately and without notice or consent of the Developer use all of the deposited escrow funds, irrevocable letter of credit or other surety fiords to complete the Developer's Site Improvements, and to bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. b. Paragraph 16a. of this Agreement shall not apply to any acts or rights of the City under paragraph eleven 10. above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of City's intent to draw upon the surety without waiving the Citys right to draw upon the surety at a future time without notice to the Developer. 17. DevehWer Round by Contract Developer shall be personally liable for the fulfillment of all obligations under this Contract. Assignment of this contract shall not relieve Developer of its obligations related to the construction of the Site Improvements described herein. 18. A ornev's Fees_ The Developer will pay all reasonable attorneys fees incurred by the City and as fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's fees incurred by the City in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 7 19. Azmement Effect This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 20. Nafires- Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer or mailed to the Developer by registered mail at the following address: DEVELOPER: Don and Betty Barthel 6000 LaBeaux Avenue NE Albertville, MN 55301 Notices to the City shall be in writing and mailed to the City by registered mail or hand delivered to the city clerk, at the following address: Albertville City Clerk P.O. Box 9 Albertville, MN 55301 CITY OF ALBERTVIOLLE By: Mark Olson, Mayor By: Linda Houghton, City Clerk 0 BETTY BARTHEL STATE OF M NNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this _ day of 1997, by Mark Olson, 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 acknowledge before me this _ day of 1997, by Linda Houghton, Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public 9 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this — day of 1997, by Mr. Donald Barthel, personally. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this _ day of ; 1997, by Mrs. Betty Barthel, personally. DRAFTED BY: Radzwill & Couri Law Office PO Box 369 St. Michael, MN 55376 10 Notary Public Alan Brixius From: "Mark Daleiden" <Mark.Daleiden@Hawkinsinc.com> To: <abrixius@nacplanning.com> Sent: Tuesday, November 05, 2002 4:28 PM Subject: Parking spaces at bus garage Allen, I talked with Betty Barthel about the amount of employees they had. She said they make out 38 pay checks per month. That amount includes substitute drivers. So the amount of parking spaces they have shouldn't be a problem. I can make it to the meeting at 8:30 on the 12th. If you want you can run me last so I can answer any questions the board might have. Please let me know if you need anything else. Thanks Mark Daleiden Parade Gar Rentals. 11 /7/2002 CITY OF ALBERTVILLE 11-25-02 City Council Findings of Fact & Decision (Approval) PUD Amendment Applicant's Name: MARK DALEIDEN PARADE CAR RENTALS Owner's Name: Don Barthel, Don's Bus Garage Request: The applicant has submitted a request for a PUD amendment to allow a car rental use on a portion of the bus garage site at 6000 LaBeaux Avenue NE (County Road 19). Four buildings exist on the site. The car rental business would occupy office space in the building closest to County Road 19. A PUD for the property was approved in 1997. The underlying zoning is B-3, Highway Commercial District. Planning Commission Public Hearing Date: November 12, 2002. City Council Meeting Date: December 2"d, 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is Lot 1, Block 1, Barthel Commercial Park. 2. The Planning Report dated November 7, 2002, prepared by NAC is incorporated herein. 3. The Planning Commission Recommendation for the application is incorporated herein. 4. Car rental is permitted in the B-3 District because it is a motor vehicle use. 5. The PUD agreement specifies that the property be used exclusively for the operation of a bus garage. Any change in use requires a PUD amendment. 6. The NAC Planning Report dated July 29, 1997, stated that the site plan showed 65 spaces, which met Zoning Ordinance parking requirements through the provision of 18 spaces for office use, 22 spaces for warehouse use, and 25 employee spaces. 1 Don's Bus Garage/Parade Car Rentals Findings of Fact & Decision 7. The applicant and owner have demonstrated that Don's Bus Garage will have adequate parking if the car rental use occupies 12 parking spaces. 8. A change in use of the property provides an opportunity for the City to examine non -conformities with the site and require improvements that bring the property into closer conformance with Zoning Ordinance standards. Decision: Based on the foregoing considerations and applicable ordinances, a PUD amendment to allow a car rental use on the bus garage property is approved based on the most current plans and information received to date, subject to the following conditions: 1. The City Attorney shall amend the Don's Bus Garage CUP/PUD Agreement to allow a car rental and sales use on the property subject to conditions of approval. 2. City Staff shall verify that all the conditions of the original CUP/PUD Agreement have been met before a car rental and sales use is allowed on the property. 3. The car rental and sales use is limited to no more than 12 parking stalls. 4. Parking for the entire site must be striped to indicate a minimum of 65 parking stalls. Adopted by the Albertville City Council this 2"d day of December 2002. Attest: City of Albertville L_ Linda Goeb, City Administrator Scott Wallace, Mayor 2 Don's Bus Garage/Parade Car Rentals Findings of Fact & Decision 60.('45) October 5, 2002 Albertville City Council P.O. Box 9 Albertville, MN 55301 Dear Council Members, 1 am requesting a conditional use permittvariance to build a detached garage on my existing property at 11565 5& St. NE, Albertville, MN. This is a letter of rational explaining why the request should be approved. Currently, I have an attached 28' x 28' garage on my property and 1 am requesting permission to build a 24' x 28' detached garage on the same property. Please note the following conditions relating to this issue: • My property is 192.5 feet wide at the street and 1,312 feet deep which is approximately 5 % acres, all of which is within the city limits. • My neighbor to the west, Lary Hiekes, has an attached garage (aprox. 24' x 24'), a detached garage (aprox. 24' x 38') and a horse barn (aprox. 32' x 80'). His property is the same size as mine. • My neighbor to the south, Tom Haller, has an attached garage, (aprox. 24' x 20') and a pole barn (aprox. 30' x 48') and his property is slightly less acreage than mine. • Directly to the east of my property is a small lot (80' wide) that I also own and have no buildings on. • I have positioned the garage 10' from the west property line and aligned it as best as I could to avoid removing existing trees. Please review the site plans I have submitted and advise if it is acceptable. Thank you, Mark Haller CITY OF ALBERTVII.LE • ZONING RE UEST APPLICATION 5975 Main Avenue NE Case No: P.O. Box 9 Base Fee: 300 Pd. Albertville, MN 55301-0009 Escrow Amt:- 4s0 Pd. -7 (612) 497-3384 fax(612) 497-3210 Date 1 n-to- era Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation by the City Clerk and prior to accq* oe of required processing fees/deposits. Street Location of Property: 11 %2- 271 ST N 6- 4 f� � A112 --- Legal Description of Property J` (Attach additional shot if necessary): Address: l I SAS 5a77f 51—- NE City. ram= nTUf[�' State: M AJ Tp:53� Tclephahe (Home): q 9 7- �� 9 (]3 !� - 6711 �;5/ (Fax): 76 S 77 - 6? z 3_ Applicant (If other than owner): Name: Telephone(Home): (Buses): Type of Request(s): Site and Building Plan Review Minor Subdivision/Consolidation Preliminary Plat Final Plat Comprehensive Plan or Ordinance Amendment State: Zip: (Fax): Rezoning Variance r/ Conditional Use Permit Interim Use Permit Other — Description of Request(s): 9 V I c. U 1 l-f�� oZ� ` x a!K ' 6A-A 46 E 7_8 x z8 117 i7fc tl G-il Gfl-RhGe 1 Reason Why Request Should Be Granted: ` i OA+ t' A 51fi Ae1Zc LOT cw r t 14 ± 6or F _ P.mM- , fUcl C! W5L N L 1 L,HRd A I\ Page Two, City of Albertville Planning/Zoning Application Existing Use of the Property / Nature of Facility or Business:--,uv G��s r,ucs S �,rSE Fin< 16141e.A,t sra/20E itXA6, wvo�r:,oR�..�IG �v8i3 if a request for a plstnning/zoning action on the subject site or any part thereof has been previously sought, please describe it below: What? When? Project Name, if applicable• I hereby apply for the above cmu dmtwn and declare that the information and materials submitted with this application are in compliance with City Ordinance and Policy Requirements and are complete and accurate to the best of my knowledge. I understand that the application will be processed for the next available meeting agenda after review of the information submitted to determine if any other data is needed and after completion of a staff report. I understand that all City incurred professional fees and expenses associated with the processing of this request are the responsibility of the property owner and/or applicant and should bepromptlypaid Ifpayment is not received from the applicant, the property owner acbwwledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. (If the property fee owner is not the applicant, the applicant must provide written authorization by the owner to make application.) Sixty (60) Day Waiver: The City hereby noafles the applicant that development review may not be completed within the regwW 60 days due topublic Marine requirements and agency review, therefore, the City is taking an automatic 60- day c amdon for development review. Development review will be completed within 120 days unless additional review extensions are approved by the applicant. Signature(s) of Owner(s): Signature(s) of Applicant(s): Approved Approved • Date: — Date: — Date: — Denied by the Planning Commission on: (date) Denied by the City Council on: (date) 59 cto r+ZHS a v x N O ro A- ct B zv M Is 0 roW R� ro DAro Cf N ro En et 0 0 cr 0� tro ct$a c t+f ct W 0 Ct o M41 - ro W N ctcrowwcNr ?dro 7'ct cr 0 �0t �q oo° 00dctp0tn �cI� 5 's T O N O ro 0 W 5O`C ,p W fDp Oro O��ct OrroM'J N0 x ro N La c M ro dd01 c moocts ro an K Orro9WOMS Mso0Cd"Z(D on ro a ° o ac<o 5. �� rooK o' 70VW0. i `G �p W 'A a er 0 K�3'O�.Yy rro MOcr IA d- �crm 7no ror cr. r� O O 0 m error wro ro w aim O ''�aap' 4EG r IK+• y cr aadp+d<K a`< ro 0 u o a w m 2 9 S m c N ch o = r m ,. 0 Z C C T � m m m z -1 -1 A30 r--r M L. w a o -r., a �. NW'!�.niEl/¢ Sac. IZ, Y i � I 1 S ' o O I Z� Fsc r / as c. A ( eya C1 V p 14. M I 1 O 1 I N -- •� I C Y x 1 •I I 1 1 �t O Y ..D x / / SouTM Liar. op T—+ Ai W'II, o f -r t a 136 %(j,-- Z4. �. ,6e. t2, ir+i-. 120, 1 A�OFTMyl.laa o- -j.�6 ww'lti,3e�ir � �r ctE70~x m o n N ry me�a.i 6-r �J• e. + i — , � c"o 0 � ti MM � to n- q � ti o�A� o �vN oM'da ta N yOCl.P+Ct ct 0 N a 0 I .s f�D M 0 0 'S R W Q O f00 ct $ 7p M ItN oe qct i 71 �•, M•• • ct OAT a I .•- M CT A M. A j� • 1 'f x ti z yNn 1 C rA ct a W c ct OcOtO0 �r �42P o dd� f Ky o 0 w S c 0 T A I �_� c�1o�M ,+ �f�� W�p O Ory 2zP -op I , nC� �a 1� O N �gM�, pwMUfO 1 '& ( Fyn �Y i 5'rt A M rycr ct FA µ teams S t' 0? / .I• '•o pSL R Y G. O ct (D O O ct O• cr+ll M W a N I r I v '�' p� 0 I W O1-•N O'W 0p2c O O r 0 a I 1 \ I 1 ao r<e+ oama•�� $0 W O K col -P �C+o } r�roO�pp� I t 04 a�S�A0m X O I I m ro9O�r� �r>b Cyl 1 • N 9 r 3 -7.d g D C+O O O m a �rr 1"i =r y I, a ro 1 1 I Ip 7< O- r •"= 1 �• to r for yc+ I a.W ar � < •s �ra.� I I C 1 Pa.am coe I 1 Y j f .z AD E ;� 0. f O x 2 O _T V 1, x m A O �' i z o n o / s / N/ to 2 f m - I „ / '_ i _ •• ae /. a IA. m m N 1 T--IQz.SO--- w N - SOUTH 1..1•JC vP T"••' � i- ' 4vi I4 �� TM •� alp 6-C-3. CITY OF ALBERTVILLE Applicant's Name: Mark F. Hatter 11-29-02 City Council Findings of Fact & Decision Accessory Building CUP Request: The applicant has requested a conditional use permit (CUP) for a 24' x 29 detached garage to be used for vehicle storage and woodworking shop. The CUP is needed for two reasons. First, a CUP is needed in order to build the garage forward of the principal building. Second, a CUP is needed because the total square footage Of the detached garage when combined with the existing attached garage is 1,456 sq. which is over the 1,150 sq, ft limit set within the Zoning Ordinance. The subject site is 5.21 acres in size and is located on the south side of 5& Street NE. The site is currently zoned R-1A Residential Low Density Single Family District. Planning Commission Public Hearing Date: November 12, 2002 City Council Meeting Date: December 2" °, 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: The east 192.50 feet of the west 385.00 feet of the Northeast Quarter of Section 12, Township 120, Range 24, Wright County, Minnesota except the east 80.00 feet of the south 320.00 feet of the north 510.00 feet thereof. Subjed to the right of way of Be Street N.E. over the north 33.00 feet thereof. B. On November 12, 2002 the Albertville Planning Commission conducted a public hearing to consider the applicant's request. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. C. The applicant has stated in the October a memo that the building is positioned 1a from the west property line. Decision: Based on the foregoing information mn and currentand information tthe City Council APPROVES the CUP based o plans received to date subject to the following conditions: 1. The detached garage with woodworking shop will not be used for business purposes. t tr0/Z0'd L286 S6S ZT9 OUN 02:VT Z00Z-LZ-S0N 2. The detached garage shall not be set back less than 1 o feet from the side lot line per Section 1000.4 (b)(8) of the Albertville Zoning Ordinance. Adopted by the Albertville City Council this a day of December 2002. Attest: By: - - Linda Goeb, City Administrator City of AlberWille By: Scott Waliaoe, Mayor 2 00/£0'd LZ86 S6S ZZ9 DUN t£:bti Ze©Z-LZ-nON 612 595 9837 P.04/04 ,40 K• N �.%-b9b y'.o AllMV rt16 �aIf4 do&'*. 1I%,,f-;. Mtn, 46• TJH Z; qqt f NM—27-2002 14: 31 NAC 2 I ,a e ll .Jpglf � ea I4f � 6 glib it I"itIap ■t TOTAL P.04 NORTHWEST ASSOCIATED CONSULT 6.1c. 1 ANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Linda Goeb FROM: Alan Brixius DATE: November 27, 2002 RE: Albertville — Outlets at Albertville Second Addition Final Plat FILE NO: 163.06 — 02.37 BACKGROUND At the November 18, 2002 City Council meeting, the City Council approved the preliminary plat for JMJ Properties for Outlets at Albertville Second Addition and PUD development stage, subject to conditions outlined in the findings dated 11/19/02. Subsequent to that approval, JMJ Properties Inc. has submitted a final plat, attached as Exhibit A, for City Council consideration at their December 2, 2002 meeting. The following is a review of the final plat as submitted. The plat consists of a single parcel, 16.46 acres in area, located on the east side of County Road 19, just north of 1-94. ISSUES AND ANALYSIS Consistency with the Preliminary Plat. In review of the final plat, we find that the final plat is consistent with the approved preliminary plat with regard to lot configuration, lot size, and lot width dimensions. The proposed lot exceeds the lot area requirement of the B-3 Zoning District. The final plat does not identify the lot and block description. The final plat must label the plat as Lot 1, Block 1 consistent with the preliminary plat. Right -of -Way Dedication. The final plat illustrates a 70 foot right-of-way dedication for Wright County Highway 19 per the recommendations of the City Council. An additional 10 foot trail and highway easement must be established along the west property line. This easement description will be prepared by the City Attorney and must be entered into as a condition of final plat by the applicant then recorded with the plat. Drainage and Utility Easements. The final plat does illustrate drainage and utility easements along all property lines and over utility corridors proposed within the lot. An oversized drainage and utility easement is shown along the east property line, consistent with the Shoreland Protection Area and encompasses the storm water drainage ponds, rain gardens, and wetland mitigation areas. All easements within the plat should be reviewed and approved by the City Engineer with regard to location and proper size. Park Land Dedication. At the time of final plat approval, the applicant shall be required to enter into a development contract that outlines a park land dedication contribution to the City. Said contribution shall be calculated by staff and stipulated in the development contract. Development Contract. Finally, as part of the overall final plat and PUD approval associated with this property, the applicant shall be required to enter into a development contract that outlines all conditions and regulations that will govern the development of this plat and the conditions that will govern the approved planned unit development associated with the shopping center development. RECOMMENDATION Based on our review of this final plat, we recommend approval subject to the following conditions: 1. The final plat be revised to label the plat as Lot 1, Block 1, Outlets of Albertville Second Addition. 2. The City Engineer must review and approve the location and size of all utility easements shown on the plat. 3. The applicant shall enter into a trail and highway easement that will cover the western 10 feet of the plat. 4. The applicant shall pay park land dedication in the amount calculated by staff based on 16.46 acres of commercial land. 5. The applicant shall enter into a development contract that will govern the development of the final plat and the operation of the overall approved planned unit development for the shopping center. pc: Pete Carlson Mike Couri ►a NOV-2?-20M 14:07 d B Q L4 4 J NAC 612 595 9837 11 E E e ti v � 3 ![ iB ° B 9 - �Sbsf et ■ ir56, B 4•;� b I Fi [a S Lyres �fs P.04/09 1 I' r NOU-2?-2002 14:07 NAC 612 595 9837 A . W 09 t Y J. ra a:�; n��•B'ewiL •r u� �� in I ! 1 � ��ti♦ h�`p1�+ I f-'----anus —.:._I —d,'—� •�y \j) _..__ (alai � I ,~`i'.• } �� + �40 i� -@�°R '�40Y/�7�iM�411 }�M1' ` ! I J •. � II � �� at —. --__—__--_— ��. �� ra Ara Sit k' aracs +errz j_ _ j - pN �Av rYlr96r! sl i>ti iy/� AV ARCH AIM03 i!OW - _ — -w �.'.• — — — � .t � •. �• 'T — � u �� ibllfM, R7� Mi1Y is � — — —+ — — — — — — ! I M! 4" X t�9T .7t177fiNJ ;y • i Ei ! 1 .. ,. E CITY OF ALBERTVILLE Applicant Name: JMJ Properties Inc. 11 /27/02 City Council Findings of Fact and Decision Final Plat Request: JMJ Properties Inc. has submitted a final plat for Outlets of Albertville 2nd Addition consisting of one lot being 16.46 acres in size within a B-3 Zoning District located immediately adjacent to Wright County Highway 19, north of 1-94. City Council Meeting Date: December 2, 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 November 27, 2002 and prepared by NAC Inc., and City Engineer comments prepared by SEH are incorporated herein. C. On November 12, 2002, the Albertville Planning Commission conducted a public hearing to consider the applicant's request for a preliminary plat, preceded by published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the preliminary plat. D. On November 18, 2002, the Albertville City Council considered JMJ Properties Inc. application for preliminary plat for Outlets of Albertville 2nd Addition and, consistent with the recommendation of the Planning Commission, approved the preliminary plat. E. Subsequent to the City Council approval of the preliminary plat, the applicant has now filed application for final plat. Decision: Based on the foregoing considerations and applicable ordinances, the City Council APPROVES the final plat based on the most current plans and information received to date subject to the following conditions: Outlets of Albertville 2nd Addn Final Plat Findings of Fact Page 1 1. The final plat be revised to label the plat as Lot 1, Block 1, Outlets of Albertville Second Addition. 2. The City Engineer must review and approve the location and size of all utility easements shown on the plat. 3. The applicant shall enter into a trail and highway easement that will cover the western 10 feet of the plat. 4. The applicant shall pay park land dedication in the amount calculated by staff based on 16.46 acres of commercial land. 5. The applicant shall enter into a development contract that will govern the development of the final plat and the operation of the overall approved planned unit development for the shopping center. Adopted by the Albertville City Council this 2nd day of December 2002. CITY OF ALBERTVILLE In ATTEST: By: Linda Goeb, City Administrator pc: Mike Couri, Pete Carlson, Bobby Morse Scott Wallace, Mayor Outlets of Albertville 2"d Addn Final Plat Findings of Fact Page 2 NOU-27-20M 14:09 NAC ICA is " 4 n5 �= 1 s I 612 595 9837 P.08i09 LLLLa 6 4 5 � s 1 9 u NOU-27-2002 14:09 NAC 612 595 9837 P.09/O9 L •a low, '#s �d ,�• ; la I �„,� fill O1I li 5 a • O VIA __ ss i ja A •, Paa P�i4%Pli�t A gAl � � � ii I I�1 'l; � �� ham• s7� I gt ti�yygg -1------:-------- " _-------• ------------- I I. a •i :Y TAY Ib►xm i 81 DAt dull&!? I AW170 i dY01in Ft * q P ... xn.•e®r- W •ow 1 xr:Ali9N 11Wfh77 MOM 1 P N7 pK N MP7 N4Y 4 ---i{--• — •y t' r:—I—<2 -- N ------�... — TOTAL P.O9 DRAFT #5, November 26, 2002 DEVELOPEWS\PLANNED UNIT DEVELOPMENT AGREEMENT Outlets at Albertville Phase Three THIS AGREEMENT, entered into this day of 2002 by and between LAKEVIEW OUTLETS, LLC, a Michigan Limited Liability Company, (hereinafter `Developer') and the CITY OF ALBERTVILLE, a municipal corporation organized under the laws_ of the State of Minnesota (hereinafter `City'), all of which are collectively referred to herein as `the Parties'; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit 1, attached hereto and incorporated herein by reference, which parcels of land are proposed to be subdivided and platted for development, and which subdivision plat, which is the subject of this Agreement, is intended to bear the name "Outlets at Albertville Phase Three" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, Developer has applied for a Planned Unit Development ("PUD") to be established on Said Plat; and WHEREAS, the City has given final approval of Developer's plat and Developer's PUD request of Outlets at Albertville contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, municipal water and highway improvements (hereafter "Municipal Improvements ,) be installed to serve the Subject Property and other properties- affected by the development of Subject Property, said improvements to be installed and/or financed by Developer; WHEREAS, the City further requires that certain on- and off --site improvements be 1 installed by the Developer within the Subject Property, which improvements consist of landscaping, grading, sanitary sewer, private drivel storm water ponding and storm sewer, wetland mitigation, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the Parties and subsequent owners, the understandings and Agreements of the parties concerning the development of the Subject Property, including the rights and obligations of the respective parties; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and covenants herein set forth, as follows: 1, rnnstrneti n of M nniei an 1 Improvements Municipal Improvements shall consist of watermain, sanitary sewer, and highway improvements as described below: A. Water Main. The Developer shall construct a watermain on Said Plat in accordance with the plans and specifications attached hereto as Exhibit 2. 64 The City Engineer shall inspect the installation of said watermain on a regular 1P, basis. Said watermain shall be installed no later than June 30, 2004. Said IVA watermain shall be constructed at the, Developer's sole expense. 1. The Developer warrants to the City for a period of one year from the date the City accepts the project in accordance with Paragraph 16 hereof, that the watermain has been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. 2. Upon completion of the installation of said watermain, Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said watermain. 3. ,Developer shall acquire all necessary permits required for the installation of the watermain. B. Sewer Main. The Developer shall construct a sanitary sewer on and off Said Plat in accordance with the plans and specifications attached hereto as Exhibit 2. The City Engineer shall inspect the installation of said sanitary sewer on a regular /`" 2 basis. Said sanitary sewer shall be installed no later than June 30, 2004. Said sanitary sewer shall be constructed at the Developer's sole expense. 1. The Developer wan -ants to the City for a period of one year from the date the City accepts the project in accordance with Paragraph 16 hereof, that the sanitary sewer has been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. 2. Upon completion of the installation of said sanitary sewer, Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said sanitary sewer. 3. Developer shall acquire all necessary permits required for the installation of the sanitary sewer. C. .Highway Improvements. Subject to approval from the Wright County Highway Department, the City shall construct highway improvements to Wright County State Aid Highway No. 19 ("CSAH 19") at the intersection the Outlets of Albertville private drive and CSAH 19 consisting of a CSAH 19 northbound right turn lane into Said Plat, a CSAH 19 southbound left turn lane into Said Plat, extension of the CSAH 19 median north of said intersection to the northerly entrance to Said Plat, the northerly CSAH 19 entrance into Said Plat and accompanying turn lane, and the fourth "leg" of the traffic signal (red, yellow and green) to be installed at the intersection of CSAH. 19 and the private drive located on Said Plat (collectively, "Highway Improvements"). All such required Highway Improvements shall be constructed in accordance with Wright County Highway standards and applicable City standards. The City Engineer and/or County Engineer shall inspect all Highway Improvements on a regular basis. Provided there are no delays beyond the City's control, said improvements shall be installed no later than October 31, 2003. 1. The Developer shall pay all City costs incurred in constructing the Highway Improvements, including engineering costs, land acquisition costs (if any), construction costs, permit fees (if any) and financing costs. 2. The City shall specially assess 100% of the costs of said Highway Improvements to Lot 1, Block 1 of Said Plat, payable over a period of years tobedetermined by the City but not exceeding ten years, at an annual interest rate not exceeding the rate of any bond issued to finance 3 said Highway Improvements plus 2%. Developer hereby waives any objection to the special assessment of 100% of the cost of said Highway Improvements against Said Plat in lieu of a direct billing of said costs to Developer. Developer understands that the cost of said improvements is not calculable at this time and that Developer's project would be delayed if the City and Developer waited for said costs to be calculable before entering into this Developer's Agreement. Developer requests that the City proceed with the final approval of Said Plat and enter into this Developer's Agreement prior to the time said costs are calculable. Consequently, Developer specifically waives any assessment appeal rights which may arise from the fact that said costs have not been calculated prior to the execution of this Developer's Agreement. Developer hereby waives its right to appeal said special assessment to the District Court pursuant to Minnesota Statute § 429.081. Developer may prepay, in whole or in part, said special assessments at any time pursuant to Minnesota Statutes Chapter 429. 3. The City shall obtain a permit from the Wright County Highway Department allowing construction of the Highway Improvements. 4. In the event the City has not completed the Highway Improvements by June 30, 2004, the City shall provide reasonable access to Said Plat for Developer's business purposes after said date and such incomplete road improvements shall not be a basis for denying Developer an occupancy permit. 1 1 n II 1 1 1 I! 1 1 f #ff I( 1 1 ` II = 1 A. Developer shall construct all on- and off -site improvements as detailed in (,(JJ/ attached Exhibit 3. Said on- and off -site improvements shall be installed no later than June 30, 2004 with the exception of erosion control, which shall be installed 31 pursuant to Paragraph 11 hereof. B. Developer shall install at Developer's expense all landscaping as shown on the attached Exhibit 4. Developer warrants that all trees, bushes, shrubs and other landscaping plantings shall survive for two years from the date of planting, and C�+C Developer shall replace any trees, bushes, shrubs or other landscape plantings that die within said two-year period. C. Developer shall, at its', own expense, cause the following items to be installed within the development, all such items to be installed under ground where 4 commercially practicable, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier; I Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by United Telephone Company or other such carrier; c(OD. Developer agrees to install all utilities substantially according to the Utility Plan attached as Exhibit 2. E. Developer shall provide on -site storm water holding ponds as shown_ on the attached Exhibit 5. Developer shall be responsible for g said storm water holding ponds in proper working order at all times. 3. Planned Unk Development and Intended Use of Property . The City hereby establishes a Planned Unit Development (PUD) on Said Plat, subject to the terms and conditions contained in this Agreement. It is the Developer's and City's intent that up to four buildings containing retail "factory outlet" shops be constructed on Lot 1, Block 1 of Said Plat. Developer agrees that it shall not construct any units other than said buildings on Lot 1, Block 1, and also agrees that said construction shall be subject to the following restrictions: A. Developer shall construct only those buildings and other structures as shown on the attached Exhibits 3 and 6. Said buildings shall be constructed in substantially the same size, shape and location as shown on the attached Exhibits 3 and 6. All buildings shall be constructed in substantial conformity to and of substantially the 3 same materials as shown on the attached Exhibit 6. All trash receptacles shall be located exclusively within the trash enclosure areas shown on the attached Exhibit 3. B. The uses permitted on Lot 1, Block 1 shall be those listed on the attached Exhibit CCU, 7. Developer may petition the City to amend the potential uses listed on Exhibit 7 at such time as Developer proposes a use not currently listed on said Exhibit 7. 7 The City shall hear said petition as an amendment to the PUD and shall use the same standard as a rezoning to evaluate and consider said petition. 5 C. Developer shall be allowed to install permitted on Said Plat in the following i maintain signage related to the uses 1. Developer may erect a back -lit "Mall Center" pylon sign that complies with City signage ordinances in effect at the time said sign is to be erected, but in no circumstances shall said sign be greater than 30 feet in height. Said sign shall be placed in a location to be approved by the City. 2. The Developer may attach sing 4A-1 to the buildings identified in business signs shall not exceed doq" below the parapet of each buil, individual business signs shall i of the building frontage of all b Plat. Total building frontage ; area on the front side of the bL top of the parapet, including wv 3. Said business signage and pyloj 11 p.m. or 2 hours after busin li earlier of daylight or opening of D. Developer shall install parking lot light lighting in substantially the same foi attached Exhibit S. Said lighting shall than 1.5 foot candles (as measured at tt after business hours and shall not be r( daylight or opening of business the nex E. Developer shall perform all necessary ' drive and all sidewalks located on said Mcommercial manner, all at Developer's 4. Snr . nirements_ Developer will pr letter of credit as security that the obligatio shall be performed. Said letter of credit m as to form and issuing bank. Said cash of $ .220 g representing the sum of 1 Municipal Improvements ($ 8 installing the landscaping $I� 2 the City prior to the issuance o any buildin n faced, lighted individual business signs ragraph 3.A. above. Said individual ree feet in height, and shall be installed g. The total square footage of all said exceed 15% of the total square footage dings erected on Lot 1, Block 1 of Said 11 be calculated to include all building ing from the top of the sidewalk to the iw glass and doors. sign shall be turned off at the earlier of 3s hours and shall remain off until the usiness the next day. g, exterior building lighting and security type and location as shown on the dimmed to an illumination of not more source) the earlier of 11 p.m. or 2 hours ored to full intensity until the earlier of day. intenance, and shall keep the private : clear of snow in a timely, reasonably vide the City with cash or an irrevocable us of the Developer under this Agreement tst meet the approval of the City attorney letter of credit shall be in the amount of 10% of the estimated cost of installing the I and 150% of the estimated cost of . Developer shall provide said surety to permits for any structures on Said Plat. deposit of snow on the ep shared drive Developer shall give the � p defaulting owner of the North Property fifteen (15) days notice via certified mail and csimile transmission thereof, and if the defaulting owner of th North Property fails to cure within 15 days of the notice (or ails to prosecute said cure diligently to completion if it cane reasonably be finished within said 15 day period), DevelopT will be granted the right and the privilege to complete t ie defaulting owner's obligations and to bring legal action ag 'nst the defaulting owner of the North Property to collect ar y sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. b. The fifteen day notice period shall be deemed to run from the date of deposit in the United States Mail and the transmission of the facsimile. C. For all conditions arising from the accumulation or deposit of snow on the shared drive, Developer shall give the defaulting owner of the North Property twenty-four hours notice via telephone and facsimile transmission thereof, and if the defaulting owner of th North Property fails to cure within said twenty-four hour period, Developer will be granted the right and the privilege to complete the defaulting owner's obligations and to b ' g legal action against the defaulting owner of the North P operty to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing tI 's Agreement. 6. Developer shall enter into an e ement agreement with the owner of the North Property in substantially a same form and substantially the same terms as shown on the attache Exhibit 9, provided the owner of the North Property agrees to enter ' to said easement. 7. Developer may construct said, shared private driveway as a joint driveway entrance from CSAH 19 located on the common property line of the North Property and Said Plat (subject to approval by the City Engineer and the Wright Co un Highway Engineer) or Developer may construct said shared private driveway with the entrance from CSAH 19 entirely on Said Plat as shown on the attached Exhibit 3, provided however that: 11 L In the event that the conditions of Paragra April 30, 2003 that i CSAH 19 and that th construct its portion October 31, 2003, driveway has a joint d on said common prof Engineer and the Wri ii. In the event that D driveway as shown c of the North Prope 8.C.1-6 and notifies desires a joint drivel shall permit the Own joint drivfeway entr. Engineer and the VV sole expense of the [ Developer shall pa; compactor, its concr to a location accepts of the North Proper[ construction with construction in a m� the disruption to Dev 8. Notwithstanding anything con[ Developer shall be allowed to Exhibit 3 for parking, drive Ian until such time as the condition D. Developer shall permit the owner of d the south property line of Said Plan ("S ingress to the South Property at the 1, provided that; 1. The City requires that Develo] via said private driveway locat( 2. The owner of the South Prope private driveway located on th 12 Owner of the North Property meets the 1 8.C.1-6 and notifies Developer before desires a joint driveway entrance from Owner of the North Property intends to f said joint driveway entrance prior to eveloper shall construct said private veway entrance from CSAH 19 located rty line, subject to approval by the City ht County Highway Engineer. reloper constructs said shared private the attached Exhibit 3, and the Owner y meets the conditions of Paragraph )eveloper after April 30, 2003 that it ry entrance from CSAH 19, Developer of the North Property to construct said ce (subject to approval by the City ght County Highway Engineer) at the veer of the North Property, except that for the cost of relocating the trash e pad and the accompanying screening e to the City. In such event, the Owner shall coordinate the timing of all such )eveloper and shall proceed with ner reasonably calculated to minimize oper's activities on Said Plat: ned in Paragraph 8 of this Agreement, ,e the easement area shown on attached and other permissible mall -related uses AParagraph 8.C.1-6 are met. property immediately to ,and abutting on ith Property") to use the south access for ration shown on the attached Exhibit 3, r provide access to the South Property on the South Property. agrees to construct that portion of the South Property to the same weight and width specifications as required by this agreement, unless other specifications are required by the City. 3. The owner of the South Property agrees that the costs of maintenance and repair of that portion of the shared private driveway which is located on the South Property shall be borne by the owner of the South Property. The owner of the South Property shall be responsible for 25% of the maintenance cost of that portion of the shared private driveway located on Said Plat. For purposes of snow removal, costs attributable to the shared private drive on Said Plat shall be apportioned proportionate to the amount of square footage of shared private drive on Said Plat to the total square footage of. parking lot and total private drive on Said Plat. Other maintenance costs shall be apportioned based on actual maintenance costs incurred for work on the shared portion of the private drive located on Said Plat. Developer and the owner of the South Property may alter this cost sharing formula by mutual agreement. 4. The owner of the South Property agrees that except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the private driveway shall be erected, condoned or permitted by the owner of any property benefited with the private driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or 'storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the shared private driveway for the purposes permitted herein. However, in no event shall any owner allow any construction -related traffic that will cause damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 5. The owner of the South Property agrees that should it fail to repair or maintain said shared private driveway, that Developer may undertake making or causing any defective condition existing on said private shared drive to be cleaned up, repaired or maintained as outlined below: a. For all conditions not arising from the accumulation or deposit of snow on the shared drive, Developer shall give the 13 J defa Ming owner of the South Property fifteen (15) days notice via 'feed mail and facsimile transmission thereof, and if the defai Ming owner of the South Property fails to cure within 15 days of the notice (or fails to prosecute said cure diligently to completion if it cannot reasonably be finished within said 15 day period), Developer will be granted the right and the pri' ege to complete the defaulting owner's obligations and to b ' legal action against the defaulting owner of the South Pro to collect any sums due for the cost of the work performed, plus all costs and attorneys fees incurred in enforcing this Agreement. b. The fifteen day notice period shall be deemed to run from the date of deposit in the United States Mail and the transmission of the facsimile. C. For all. conditions arising from the accumulation or deposit of snow on the shared drive, Developer shall give the defaulting' o r of the South Property twenty-four hours notice via tel hone and facsimile transmission thereof, and if the defa ilting owner of the South Property fails to cure within said tw ty-four hour period, Developer will be granted the right and the privilege to complete the defaulting owner's obli ations and to bring legal action against the defaulting 0 of the South Property to collect any sums due for the cost of the work performed, plus all costs . and attorney's fees incurred in enforcing this Agreement. 6. Developer sht 11 enter into an easement agreement with the owner of the South Prop in substantially the same form and substantially the same terms as shown on the attached Exhibit 10, provided the owner of the South Prop agrees to enter into said easement. 7. Notwithstan ' g anything contained in Paragraph 8 of this Agreement, Developer sh 1 be allowed to use the easement area shown on attached Exhibit 3 for arking, drive lane, and other permissible mall -related uses until such tim as the conditions of Paragraph 8.D.1-6 are met. 9. sanitaM viewer and Water Trunk Line Fees_ A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance 14 requires the Developer to pay $1,100.00 per acre in sanitary sewer trunk line fees. There are 16.46 acres in Said Plat. Therefore, the Sanitary Sewer Trunk Line Fees for this plat would be $18,106.00 ($1,100.00 x 16.46 acres). Developer will pay said fee prior to the release of the final plat by the City. B. Developer shall be required to pay trunk water line fees of $1,400.00 per acre. There are 16.46 acres in Said Plat. Therefore the water trunk line fee for Said Plat is $23,044.00 ($1,400.00 x 16.46 acres). Developer will pay said fee prior to the release of the final plat by the City. 10. AhandonmPnt of Project - Cods and F.xp=,qm= In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, or fails to provide sufficient ground -cover to prevent continuing soil erosion from the Plat, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground - cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Platted properties. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph, provided that at least 5 business days prior to said withdrawal, the City provides notice to the Developer of the City's intent to withdraw said funds . 11. Fro -Man send Siltation Control Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan attached hereto as Exhibit 5 shall be installed, and Developer agrees to comply with additional erosion control measures recommended by the City Engineer should the erosion control plan prove inadequate. 12. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain; and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 15 13. Maintain Pnhlic PrngWI iv — Casts and F.x e� nses During the development of Said Plat, Developer agrees to repair any damage caused by Developer, its contractors, sub -contractors or agents to public property including but not limited to, streets, street sub -base, base, bituminous surface, curb, utility systems, water main, sanitary sewer or storm sewer. Developer further agrees to repair or clean the streets and/or utility systems damaged or cluttered by Developer, its contractors, sub -contractors or agents during the development of Said Plat. In the event Developer fails to clean-up, maintain or repair the public property as provided above, the City shall provide the Developer with a,Notice of its intent to clean-up, repair or maintain such public property, as the case may be, said notice to be sent to Developer by facsimile and U.S. Mail. Thereafter, Developer shall have ten (10) days form the date of receipt of such Notice to commence and diligently complete such clean-up, repair or maintenance of said public property as provided herein within said ten (10) day period, or in the event that an emergency repair is necessary, the City may undertake making or causing said public property to be cleaned -up, repaired or maintained, and the Developer shall reimburse the City for all such reasonable expenses related thereto within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within. thirty (30) days, ,funds sufficient to pay the bill may be withdrawn by the City from the surety described above and/or assessed against any or all of Said Plata 14. Temnararl Access Rigbta. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. The City will use reasonable efforts to coordinate such inspections with Developer's general contractor. 15. Mkcellaneans_ A. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Agreement. B. The action or inaction of the City or Developer shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the Parties and approved by written resolution of the City Council. Neither the City's nor Developer's failure to promptly take legal action to enforce this Agreement shall constitute a waiver or release. C. This Agreement shall run with the land and shall be recorded against the title 16 to the property. Developer agrees to cooperate with the City in recording this Agreement as the first item recorded after the filing of Said Plat in the Wright County Recorder's Office. Developer shall secure the subordination of all liens recorded against the Subject Property to the terms of this Agreement. After the Developer has completed all work and obligations required of it under this Agreement, at the Developer's request, the City will execute and deliver to the Developer a release of those portions of this Agreement which have been completely fulfilled and require no fiurther action by Developer, but all portions of this Agreement governing the use of the land shall remain in effect. D. All municipal water concerns (i.e. water supplied from the Joint Powers Water Board water tower) will be handled by the Joint Powers Waxer Board or its successor with jurisdiction over the Subject Property. No connections to the water system will be permitted until the Board or its successor has given final approval. E. The Developer and City represent to each other that, to the best of their knowledge, as of the date of this Agreement, the Plat complies with all City, county and state laws and regulations, including but not limited to: subdivision ordinances, sign ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not so comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, subject to the provisions of this Section, the Developer shall cease work until there is compliance with said laws and regulations. F. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from Chicago Title Insurance Company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. G. Developer shall pay any and all fees pursuant to any State, County or City ordinance or statute related to Said Plat or the Subject Property. H. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. 17 I. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of publicimprovements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material, men, employees, agents, or third parties. J. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State law. K. The .Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some portions of Said Plat. Provided that the City's wastewater treatment capacity is not reduced by conditions beyond the City's control or by order of a Court or a Minnesota state agency with jurisdiction over said wastewater treatment plant, the City shall reserve adequate capacity for Developer's uses for which occupancy permits are issued prior to July 1, 2004. In no event shall such reservation exceed gallons per day of treatment capacity- L. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100 year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. M. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer and/or Wright County. N. Developer shall, at Developer's expense, cause to be installed a sidewalk on the Outlets at Albertville Plat as shown on Exhibit 11 16. Dedientions to the City, 18 i A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road and trail right-of-ways, curbs, gutters, ponds, °sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedications Developer acknowledges and agrees that! in order to satisfy the City's park dedication requirements for the commercially zoned land in Said Plat, Developer shall pay $5,000 per acre. Said commercially zoned land in Said Plat consists of 16.46 acres. Therefore, Developer shall pay the City a cash` payment totaling $82,300.00 (16.46 acres x $5,000 per acre) which shall satisfy the park dedication requirement for this property arising from the approval of Said Plat. C. Easements 1. The Developer shall dedicate to the City drainage easements over all ponds, wetlands and ditches. 2. Developer shall dedicate 10 feet of right-of-way abutting CSAH 19 for trail, utility and highway purposes as shown on Exhibit 12 3. Upon performance b Developer as required under this paragraph 16, the P P Y Pe City shall take all reasonable steps necessary to accept the dedications by Developer to the City which are required pursuant to this Agreement. 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys fees. The Developer shall also indemnify the City and its officers and employees for all damages which the City may pay be required to pay as a result of adverse judgments or awards of Court resulting from plait approval and development. Third parties shall have no recourse against the City under this Agreement. 19 18. P12ns Attached 2-q F.xhihitc_ All plans attachedto this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 19. Intee=tinn Clause Mndificatinn by Written_Ag Bement Only. -This Agreement represents the full and complete understanding of the Parties and neither Party is relying, on any prior Agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both Parties. 20. Prnfessinnal Fees_ The Developer will pay all reasonable professionalfees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorneys fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys and professional fees incurred by the City in the event an action is brought upon a (bond or letter of credit finnished by the Developer as provided herein. In the event the Developer disputes the City's fees incurred under this paragraph, the Parties agree to submit said dispute to binding arbitration by the American Arbitration Association. 21. Nntificatinn Information. Any notices given to the Parties as herein required shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following Parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384' Lakeview Outlets, LLC C/o JMJ Properties, Inc. 107 Sinclair Drive Muskegon, Michigan 49441 Telephone (231) 798-4670 Facsimile (231) 798-4611 With a copy to 20 Michael Knowlton Pamenter O'Toole 175 West Apple Avenue P.O. Box 786 Muskegon, Michigan 49443-0786 Telephone: (231) 722-5428 Fax: (231) 728-2206 22. Amognment of Agromen t. The obligations of the Developer under this Agreement cannot be assigned without the express written consent of the City Council through Council resolution, except that Developer may assign its rights and obligations under this agreement without further consent to CPG Partners, L.P., a Delaware Limited Partnership, provided that the surety provided by Developer shall not be released by virtue of such assignment unless and until an acceptable substitute security is provided by the assignee. 23. Time of the Rssenee. Time is of the essence in regard to the undertakings of the Parties in this Agreement. 24. Agnement Meet This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the Parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk DEVELOPER, LAKEVIEW OUTLETS, LLC. By Shane Bullock Its Manager 21 i STATE OF MINNESOTA ) ) 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 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 ) ) ss• COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2002, by as Manager of Lakeview Outlets, LLC, a Michigan Limited Liability Company. 22 Notary Public This .Agreement drafted by: Couri & MacArthur Law Office P.O. Box 369 St. Michael, MN 55376 (763) 497-1934 1Bcbwppd6aMa HL6K)etleetatAAsNHePIWe3Pt�Dalt29x 23 EDIT 1 The legal description of the property to whi h this Agreement applies is described as follows: Lot 1, Block 1, Outlets at Albertville Phase e, Wright County, Minnesota. 24 EXHIBIT'A". i Utility Plan EXHIIT Site Plan EXHIBIT 41 Landscape P an EXHIBIT .15 Grading and Erosion Control Plan EXHIBIT Building Elevations and Floor Plans 25 EXHIBIT 7 PERMITTED USES FOR LOT 1, BLOCK 1 OUTLETS AT ALBERTVILLE PHASE THREE The following uses shall be allowed on Lot 1, Block 1 of the Outlets at Albertville Phase Three Plat: 1. Antique or gift shop. 2. Art and school supplies. 3. Auto accessory store. 4. Bakery goods and baking of goods for retail sales on the premises. 5. Bath and bedding sales. 6. Books, office supplies or stationary stores. 7. Camera and photographic materials. 8. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. 9. Carpet, rugs and tile. 10. ` Coin and philatelic stores. 11. Computers and computer accessories sales and service. 12. Convenience store without gasoline sales. 13. Costume, clothes rental. 14. Delicatessen. 15. Department and discount stores. 16. Drug store. 17. Florist shop. 18. Furniture stores. 19. Furriers when conducted only for retail trade on premises. 20. Garden supply stores. 21. Gift or novelty store. 22. Hobby store. 23. Household appliance sales and repair. 24. Jewelry stores. 25. Kitchenware sales. 26. Leather goods and luggage stores. 27. Paint and wallpaper sales. 28. Record -music shops. 29. Restaurants and on and off -sale liquor. 30. Sewing machine sales and service. 31. Shoe stores. 32. Sports and exercise equipment sales. 33. Wearing apparel and clothing stores. 26 No overnight storage or display shall be allowed outside any building for any of the uses listed on this exhibit. 27 EX WIT 9 ACCESS EASEMENT Lakeview Outlets, LLC, a Michigan Limited Liability Company ("Developer") and , ("North Property Owner"), hereby grant perpetual, reciprocal easements of access according to the following terms: 1 Developer owns Lot 1, Block 1 of Outlets at Albertville Phase Three, Wright County, Minnesota (" Outlet Property'). 2. North Property Owner owns property described as ("North Property„) 3.. Developer shall permit ingress and egress to and from the North Property over the Outlet property at the locations shown on the attached Exhibit A {"Shared Private Driveways"). 4. North Property Owner shall permit ingress and egress to and from the Outlet Property over the North Property at the Shared Private Driveways. 5. The benefited and burdened properties under this Agreement are the Outlet Property and the North Property. 6. The cost of maintenance and repair of those portions of the Shared Private Driveways which are located on the North Property shall be borne by the North Property Owner. 7. The cost of maintenance and repair of those portions of the Shared Private Driveways which are located on the Outlet Property shall be borne by the Developer. 8. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any, portion of the Shared Private Driveways shall be erected, condoned or permitted by the owner of any property benefited by the Shared Private Driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the shared private driveway for the purposes permitted herein. However, in no event shall any owner allow any construction -related traffic that will cause damage to the shared driveway to utilize the 29 shared driveway, nor shall any owner allow traffic to use said shared driveway which has a weight rating which exceeds the weight rating for which said shared driveway was designed and constructed. 9. Should an owner fail to repair or maintain that portion of said Shared Private Driveway located on said owner's property, the other owner may undertake making or causing any defective condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as outlined below: a. For all conditions not arising from the accumulation or deposit of snow on the shared drive, the other owner shall give the defaulting owner fifteen (15) days notice via certified mail and facsimile transmission thereof, and if the defaulting owner fails to cure within 15 days of the notice (or fails to prosecute said cure diligently to completion if it cannot reasonably be finished within said 15 day period), the other owner will be granted the right and the privilege to complete the defaulting owner's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. b. The fifteen day notice period shall be deemed to run from the date of deposit in the United States Mail and the transmission of the facsimile. C. For all conditions arising from the accumulation or deposit of snow on the shared drive, the other owner shall give the defaulting owner twenty-four hours notice via telephone and facsimile transmission thereof, and if the defaulting owner fails to cure within said twenty-four hour period, the other owner will be granted the right and the privilege to complete the defaulting owner's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work performed, plus all costs and attorneys fees incurred in enforcing this Agreement. Dated: [Signature Blocks] [Notary Blocks] ["Drafted by" Statement} 30 EXHIBIT 10 ACCESS EASEMENT Lakeview Outlets, LLC, a Michigan Limited Liability Company ("Developer") and , ("South Property Owner"), hereby grant perpetual, reciprocal easements of access according to the following terms: 1. Developer owns Lot 1, Block 1 of Outlets at Albertville Phase Three, Wright County, Minnesota ("Outlet Property"). 2. South Property Owner owns property described as ('South Property"). 3. Developer shall permit ingress and egress to and from the South Property over the Outlet Property at the location shown on the attached Exhibit A ("Shared Private Driveway"). 4. South Property Owner shall permit ingress and egress to and from the Outlet Property over the South Property at the Shared Private Driveway. 5. The benefited and burdened properties under this Agreement are the Outlet Property and the South Property. 6. The owner of the South Property agrees that the costs of maintenance and repair of that portion of the Shared Private Driveway which is located on the South Property shall be borne by the owner of the South Property. The owner of the South Property shall be responsible for 25% of the maintenance cost of that portion of the Shared Private Driveway located on Said Plat. For purposes of snow removal, costs attributable to the Shared Private Drive on Said Plat shall be apportioned proportionate to the amount of square footage of Shared Private Drive on Said Plat to the total square footage of parking lot and total private drive on Said Plat. Other maintenance costs shall be apportioned based on actual maintenance costs incurred for work on the Shared Private Drive located on Said Plat. 7. Except for temporary and reasonable activities required in connection with construction, maintenance, repair and replacement, no obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared Private Driveway shall be erected, condoned or permitted by the owner of any property benefited by the Shared Private Driveway, its tenants, invitees or licensees, nor shall any other conduct, passive or affirmative, including but not 31 limited to the parking or storage of vehicles, be permitted which would in any manner restrict the rights of the respective owners of any of the benefited property, their tenants, invitees and licensees to fully utilize the Shared Private Driveway for the purposes permitted herein. However, in no event shall any owner allow any construction -related traffic that will cause damage to the Shared Private Driveway to utilize the Shared Private Driveway, nor shall any owner allow traffic to use said Shared Private Driveway which has a weight rating which exceeds the weight rating for which said Shared Private Driveway was designed and constructed. 8. Should an owner fail to repair or maintain that portion of said Shared Private Driveway located on said owner's property, the other owner may undertake making or causing any defective condition existing on said Shared Private Drive to be cleaned up, repaired or maintained as outlined below: a. For all conditions not arising from the accumulation or deposit of snow on the shared drive, the other owner shall give the defaulting owner fifteen (15) days notice via certified mail and facsimile transmission thereof, and if the defaulting owner fails to cure within 15 days of the notice (or fails to prosecute said cure diligently to completion if it cannot reasonably be finished within said 15 day period), the other owner will be granted the right and the privilege to complete the defaulting owner's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work performed, plus all costs and attorney's fees incurred in enforcing this Agreement. b. The fifteen day notice period shall be deemed to run from the date ° of deposit in the United States Mail and the transmission of the facsimile. c. For all conditions arising from the accumulation or deposit of snow on the shared drive, the other owner shall give the defaulting owner twenty-four hours notice via telephone and facsimile transmission thereof, and if the defaulting owner fails to cure within said twenty-four hour period, the other owner will be granted the right and the privilege to complete the defaulting owner's obligations and to bring legal action against the defaulting owner to collect any sums due for the cost of the work -performed, plus all costs and attorneys fees incurred in enforcing this Agreement. Dated: 32 [Signature Blocks] [Notary Blocks] ["Drafted by„ Statement} E)OMrr 11 Sidewalk from Old Navy to Intersection 34 EXEIIBIT 12 PERPETUAL TRAIL, UTILITY AND HIGHWAY EASEMENT Lakeview Outlets, LLC, a Michigan Limited Liability Company, Grantor, for valuable consideration, receipt of which is hereby acknowledged, does hereby convey and warrant to the City of Albertville, Grantee, a perpetual easement for trail, utility and highway purposes, together with the unrestricted right to improve the same, free and clear of all encumbrances, over, across, under and through the following described property located in the County of Wright in the State of Minnesota: The west ten feet of Lot 1, Block 1, Outlets at Albertville Phase Three, Wright County, Minnesota. Dated' STATE OF ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 200 , by as Manager of Lakeview Outlets, LLC, a Michigan Limited Liability Company. Notary Public This Document Drafted by: Couri & MacArthur Law Office P.O. Box 369 St. Michael, MN 55376 (763) 497-1930 35 1'er, -P ( , ) November 15th 2002, To whom this concerns, The Zachman family would like Albertville to execute resolutions initiating the concurrent detachment and annexation of said property located in the West 1/2 ,of section 6 in township 120 North, Range 23 West, Wright County Minnesota from St. Michael to Albertville. Respectfully submitted, Steve Zachman �-7 k. The parties hereto hereby agree that to the extent that Municipal Board File No. OA-424/OA-424-1 is not modified by this Joint Resolution, that all other terms and conditions as stated therein shall remain in full force and effect. 7. In addition to the other terms of this Joint Resolution, the City of St. Michael, the Town of Frankfort and the City of Albertville agree as follows: a. ! With respect to the 28.5 acres currently owned by the Maplewood Company, excepted from Orderly Annexation Area II by the terms of this Joint Resolution, at the time said property requests sewer service and said service can be provided by Albertville, St. Michael and Albertville agree to execute resolutions initiating the concurrent detachment and annexation of said property located in the W1/2 of Section 6 in Township 120 North, Range 23 West, Wright County, Minnesota, from St. Michael to Albertville. b. Frankfort/St. Michael agree to continue to work cooperatively with Albertville to resolve the County 37 and I-94 drainage issues.. C. Frankfort/St. Michael agree to continue to work cooperatively with Albertville regarding the possible extension of a sanitary sewer trunk line outfall fiom.the existing Albertville Wastewater Treatment Facility to the Crow River. Should Albertville receive all appropriate approvals from the Minnesota Pollution Control Agency and other approving agencies, both state and federal, for such a project extending an outfall across Frankfort/St. Michael to the Crow River, Frankfort/St. Michael will not object to Albertville attempting to acquire appropriate easements for said project provided however that; the approved project does not interfere or disrupt the provision of services to Frankfort/St. Michael; and all costs associated with the project, including costs for easements or condemnation, are borne solely by Albertville; and the proposed project's location has been approved by Frankfort/St. Michael. 8. In addition to the other terms of this Joint Resolution, the Town of Frankfort, the City of St. Michael, and the City of Otsego agree as follows: a. Otsego and Frankfort/St. Michael recognize that -they may determine that certain portions of Frankfort/St. Michael west of Highway 101 may best be served by Otsego. They will arrive at this decision through cooperation and discussions. Frankfort/St. Michael will not be required to utilize Otsego services, and Otsego would not be required to provide those services. The two parties will exchange information and cooperate 0 .Ioe1 > i 1 8 c ! 1 i Al �o e ! 1 at ! � I 1 I ' 1 Z V) O '• I u. OD V) ! NVN)VNjVN)1 IYcr tv 00 O I > J cU 00 r- — e— 11. ta_ Wcr ! Li � ! 1 Z12, ! x rnIn IT µ 1 1 1 9 ' s ' 3 � 1 1 ! 1 ! 1 ! 1 1 1 i i 1 i 1 ! 1 i • f j Z 1 a i ' y W cr > D a H lu J ON 1 m m� N x mn, t- 1N 0 ' 0 u60•ue1nM �\I�!4�w+V0[o�•�VII�:N1 371 H35 m o,zr:60 zoiSOM A 0 aN �u O ! ( - --- WW LLJ a a �> 00 1 p 3 ! , 1 ; 0- } 1 1 Z 1 1 00 ` W : a , t ---;-3A* WN *-1----------- ------ i 1 } 1 i 1 1� aUl i l 1 1 1 }1 i l i l i11 I i 1 i 1 i 1_ - • i Z W a Ir w U a, ON As W Z uj W Z Z J 1 381 N NNVI Q x 133a1s 3NVI W 2 F N 3f1N3AV NroW w z � rn 3f1N3AV a30Nb'I 0 co 1NOWVI uep•y,q....�Mu..a�gigy.+uoco�•+a.vM 31J H3S nd *0199:& 10/90/11 Callan Properties Timothy and Patrick Callan 2316 Division St. Waite Park, MN 56387 Phone: 320-253-1050, 612-978-3491 City of Albertville 5975 Main Ave NE PO Box 9 Albertville, MN 55301 This letter is to serve as an offer to construct a purchase agreement on 235 frontage feet of Outlot E in the City of Albertville Northwest Commercial Park. The 235 frontage feet will begin at the shared property line with Block 1 and based on calculations provided to us by Pete Carlson, City of Albertville City Engineer, will total approximately 87,778 square feet. The price to be paid for the said parcel is $307,223 or $3.50 per square foot The agreement also will include a twenty-four month option to purchase the remaining parcel of Outlot E at $3.50 per foot. The purchase agreement is be completed no more than 30 days after the acceptance of this price by the City of Albertville and the closing date for the purchase is to be set for approximately six months after the purchase agreement has been accepted by both parties. Enclosed is a check to the City of Albertville for $10,000. As consideration for this amount the City of Albertville 'agrees not to entertain any other offers on Outlot E of the Northwest Commercial Park until the 30 day period to construct the purchase agreement with Callan Properties terminates. If the purchase agreement is not finalized the $10,000 is fully refundable to Callan Properties Inc. The $10,000 is to be applied against the purchase price upon closing of the transaction. At the closing date Callan Properties will provide a cahiers check to the City of Albertville for $297,223. We thank you for your prompt consideration of this proposal as we are in the process of site exploration. Sincerely, Patrick Callan Callan Properties '� _" '__. � �.--- � SZ'Sdb 3„LZ,fit.00• S— ` --.--- I MILD i J \ 00'Ot I or or i i► 1 \� AAA C) '' � • '' ON I'''t 1 O' W 1i, t `T 1 2 W v1> I Oua (z i .P-WOKMy IYIG co.)ouiw iyz ,.1 i 1-rWsviooa a+ LaI. r a_ r- -- ' QW Ci W N jv V �... WZF• O ; p '�• SD �1 W N r• � asIn as 41 l.i . • O 1 1 • td l p•.. 1 1 1 1 1:1 i 15'£!£ 1A.IZ_E1.00 N sD 1 asIn W --- -- ^i n 11j t0'SZZ� osD M„LZ,£t 00 N :I .t Sr Sr t ,`1 1 1 V t 1 ; or rr 1 U.I mj Of . of 01 ..i in to •, IVUl Y• O IV' '� N lul ry I � _ t I SC or 1 � Nj N O N 1 o¢xr! N � I 1 t' 013 t 1` i N �' ,91,.00 N- j p N JN3113SY 3:lrnntl7 � �a . h r _........ 1 ar —'-' 60'9t6 IA.LZ,£t.UO N � I t 1Y1ti a] c, cc c, o JJJJe �1 1 4" •� rll ! 14 t— N � - 4 V ' O 1D N� 4 4 ! Q v co N w� ' 'in s go w a oa- a N o(M �•p N �� \�`�� 09'ti9p JA.kZ,ZI•.00 ! i� N ' •�:. ,.- ----- --------------------i-- ZOO/ZOO . _—;____ W N J In N ow � � 4 m za M N Q in i Ld m a F- n: v z � 0 1 YINNN 1 a wwww I-- r�v•N.v W �Minnn Z U YI NNN nz2zz Z JJ.n.1J CARPET e ON E V out of 10 of our new customers are referred to us by past customers." November 19, 2002 7500 Lakeiana #%venue rva - - - Brooklyn Park, MN 55428 (763) 425-7141 Fax (763) 425-2864 carpetcounty@earthlink.net City of Albertviilt; Attn. City Manager 5975 Main Avenue Albertville, MN 55301 Dear Linda, I would like to be part of your expansion plans for the Outlet Mall. However, the 2-% acre parcel you have for sale would be a huge step for me due to the fill needed for the lot on the north side of the new road. I have a price from Dehn Excavating to fill this lot at $129,000. If you sell this lot to me at $4.00 per square foot, minus the cost of bringing the lot up to a build able level, I will buy the parcel and will pay cash on closing.` I would need to arrange a loan or mortgage to build the building on the lot. I will name the store Flooring America. I believe our company would be an asset to the city of Albertville and would like to make our expansion at your location. I have my present building located in Brooklyn Park. It is mortgage free as well as my personal residence. I do not feel it would be a problem for me to qualify for a building mortgage with the iand paid in full. Thank you for your very kind consideration in this matter. I look forward to hearing from you soon.