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2001-02-20 CC Packet
ALBERTVILLE CITY COUNCIL AGENDA February 20, 2001 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) February 5, 2001, City Council Meeting 3. CITIZEN FORUM — (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (b) January Revenue/Expenditure Report (c) City Park Update (d) Approve Cooperative Agreement for Operation & Maintenance of New Traffic Control Signal System at CSAH 19 & Outlet Mall Road (e) Schedule 2001 City of Albertville Board of Review Meeting for Thursday, May 10 (f) Approve 3.2 Non -Intoxicating Liquor License for the Albertville Jaycees on March 24, 2001, at St, Albert's Parish Center from 6:00 PM to 12:30 AM (g) Approve 3.2 Non -Intoxicating Liquor License for the Albertville Lions on March 3, 2001, at the Albertville Fire Hall from 2:00 PM to 9:00 PM S. DEPARTMENT BUSINESS a. Public Works (1) Wastewater/Water Department Report b. Fire Department • Report C. Planning & Zoning • Replat of Parkside 2na Addition d. Engineering (1) Savitski Lift Station Feasibility Study (2) Towne Lakes — Feasibility Study (3) Industrial Park (4) CSAH 19 Trail (5) Mall Signal Light City Council Agenda February 20, 2001 Page 2 of 2 e. Legal (1) Developer's Agreement — Burger King (2) PUD/Developer's Agreement — Albertville Plaza (3) Agreement to split assessments — Albertville Plaza f. Administration (1) Update on Praught property purchase (2) Suggestions for agenda items for Joint Meeting with St. Michael on Wednesday, March 21, 2001 at the St. Michael City Hall G. ADJOURNMENT n u • ALBERTVILLE CITY COUNCIL 020,wo February 5, 2001 Albertville City Hall 7.00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Scott Wallace, Keith Franklin and John Vetsch, City Engineer Peter Carlson and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5a(4) — Consider purchase of a jetter truck for sewer main cleaning • Add Item 5e(4) — Discuss purchase of Steve Praught property • Add Item 5e(5) — Discuss rescinding request to reclassify School and Mud Lakes Franklin made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Berning made a motion to approve the minutes of the January 16, 2001, regular meeting as presented. Franklin seconded the motion. All voted aye. Mayor Olsen asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. Lee Kasper requested that the Council consider adding a berm and landscaping along the property line between the city property and his residence at the time that the existing house is removed or demolished. Wallace made a motion to approve payment of Check #'s 14138 — 14180 as presented. Vetsch seconded the motion. All voted aye. Franklin made a motion to accept the Public Works/Parks Report as submitted. Wallace seconded the motion. All voted aye. Vetsch made a motion authorizing the purchase of a 2001 Chevrolet %z Ton 2WD pickup at a cost of $13,255 plus tax. The vehicle will be purchased under the state bid contract from Hinckley Chevrolet. Franklin seconded the motion. All voted aye. Wallace made a motion to accept the Wastewater/Water Departments Reports. Vetsch seconded the motion. All voted aye. The Council directed the wastewater operator to meet with the Council at 6:45 PM on Tuesday, February 20`h before the Council meeting to review the monitoring forms for the PCA. ALBERTVILLE CITY COUNCIL February 5, 2001 Page 2 of 5 The Council directed staff to prepare a report for the next agenda detailing the number of feet of sewer main in the City and how much it would cost to have the mains jetted vs. the cost of purchasing a jetter truck for the City's own use. Dynamic Designs presented a concept plan for property they own at the southwest intersection of 57`h Street and Lambert Avenue. The property is currently zoned R-1 and could accommodate approximately four single-family homes that meet all zoning regulations. Dynamics is proposing to request a rezoning of the site to R-4, PUD to allow construction of 14 townhome units. The concept plan is for single level senior town -homes that would be3 owner occupied by seniors 55 and older. A homeowner's association would be created for maintenance of the grounds and the building exteriors. The developers asked for input from the Council. The Council suggested that less more green space be shown with fewer visitor parking spaces. City Planner Cindy Sherman reviewed the Conditional use Permit and Site Plan approval requests submitted by Casey's General Store for the construction of a convenience and gas facility to be located on the northwest corner of County Road 19 and 571h Street NE. . The site is currently zoned B-3 and the CUP is required to allow gas sales. There are two accesses shown onto the property, both are off of 571h Street. Because of the proximity to the intersection, the most easterly access is to be a right -in, right -out only. The most westerly access is designed to be shared with the adjacent parcel and was required through the platting process. Franklin made a motion to adopt the Findings of Fact & Decision, approving the Conditional Use Permit to allow gas sales and the site plan for Casey' General Store, contingent upon the developer installing a sidewalk along the north side of 57th Street from County Road 19 to Kalland Avenue NE. Berning seconded the motion. After further discussion regarding the accesses into the property, Berning made a motion to amend the original motion to require that the developer install a concrete median in the center of 57`h Street to prevent traffic from turning left onto 57`h Street. Vetsch seconded the motion. All voted aye. Further discussion of the motion led to Berning making a second amendment to the motion by adding an item to the Findings of Fact & Decision stating it is the Council's intention that a trail will be constructed in the County Road 19 right of way and the monies collected by park dedication fees for this plat will be used to construct the trail adjacent to this property. Franklin seconded the motion. All voted aye. 0 ALBERTVILLE CITY COUNCIL February 5, 2001 Page 3 of 5 Mayor Olson called for a vote on the original motion by Franklin and the two amendments of that motion. Franklin, Beming, Olson and Vetsch voted aye. Wallace voted no. The motion carried. Planner Sherman presented the Albertville Plaza Amended PUD and Preliminary and Final Plat. The property is located at the south and west intersections of County Roads 37 and 19. The site is zoned PUD and was approved for unrestricted commercial development as part of the Westwind PUD. The existing PUD also allows pylon signs consistent with the Sign Ordinance allowance for lots abutting the freeway. The current application is to amend the PUD and implement a development plan with specific uses with an internal system of shared access. Lots 1 and 3 have developments proposed that be subject to site plan review later in the agenda. Lot 2 will be subject to site plan review in the future. Outlot A may become more than one lot and will be subject to platting and site plan review in the future. The uses on the parcels under the amended PUD are proposed to be restricted to restaurants, automobile service, professional office, bank, motel daycare and retail sales. The developer requests that he be allowed two pylon signs on the entire site but that each sign be allowed to be 320 square feet in size. According to the amended PUD contract signed in 1989, each business would be allowed one 75' pylon sign, but the size of the actual sign would be determined by the Sign Ordinance (about 40 square feet). After discussion Berning made a motion to approve the Findings of Fact & Decision, approving the amended PUD and granting preliminary and final plat approval for Albertville Plaza as follows: • Amend Item 1 to read: "The PUD shall be limited to two multi -tenant signs at 75 feet in height with 400 total square feet of signage". • Amend Item 7 to include restaurant and auto service. • Amend Item 13 by adding "and acceptable to the City and the developer". • Add Item 14: The developer will record easements for utility and street access on all lots. • Add Item 15: The underlying zoning of the plat is B-3 and is subject to the above - mentioned use restrictions. • Add Item 16: The developer agrees to provide reciprocal access to the property lying to the south of the plat. • Add Item 17: The City will maintain the private streets in the plat as mutually agreed to in the Developer's Agreement. Wallace seconded the motion. Berning, Olson, Wallace and Vetsch voted aye. Franklin voted no. The motion carried. Planner Sherman reviewed the Culvers's site plan with the Council. Franklin made a motion to adopt the Findings of Fact & Decision, approving the site plan for Culver's to be located on Lot 3, Block 1 of the Albertville Plaza Addition. Beming seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL February 5, 2001 Page 4 of 5 The Council reviewed the site plan for a multi -tenant building to be located on Lot 1, Block 1 of the Albertville Plaza PUD. Franklin made a motion to adopt the Findings of Fact 7 Decision approving the site plan for the multi -tenant building on Lot 1, Block 1 of the Albertville Plaza PUD. Wallace seconded the motion. All voted aye. The Vehicle Committee of the Albertville Fire Department explained that the 1979 Ford pumper truck no longer meets the national standards for fire equipment. The Fire Department is asking for authorization to prepare plans and specs for the purchase of a new pumper truck. The Committee also pointed out that the 1985 Chevy truck must be refurbished or replaced in 2005. Vetsch made a motion authorizing the Vehicle Committee to proceed with preparing plans and specs for the purchase of a new pumper truck and to gather any information possible about the cost to refurbish the 1985 Chevy Truck for the Council to review. Wallace seconded the motion. All voted aye. Franklin made a motion to authorize the engineer to prepare a Feasibility Study to extend sewer, water and street to the City property located north of the outlet mall. Soil borings will be taken in the preparation of the Feasibility Study. Berning seconded the motion. All voted aye. Wallace made a motion authorizing the engineer to proceed to have the swale located on the city property adjacent to the outlet mall regraded to allow proper drainage. Estimated cost of the project is $500. Berning seconded the motion. All voted aye. The Council agreed to meet jointly with the St. Michael City Council to discuss items of mutual interest and proposed several dates for the meeting. Linda will contact St. Michael to arrange for a mutually convenient meeting date. The Council discussed looking into potentially purchasing the Steve Praught property adjacent to the City Hall property. Staff will meet with Mr. Praught and attempt to negotiate an offer. Councilmembers Vetsch and Berning were appointed to a committee to meet with the Wright County Engineer to discuss potentially relocating the Wright County garage. Franklin made a motion to withdraw the request to reclassify School and Mud Lakes from natural environmental lakes to general development lakes. Berning seconded the motion. All voted aye. The Council recessed its regular meeting to go into a closed session to discuss pending litigation at 11:10 PM. ALBERTVILLE CITY COUNCIL February 5, 2001 Page 5 of 5 Mayor Olson reconvened the regular meeting at 11:35 PM. Franklin made a motion to adjourn at 11:36 PM. Wallace seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator • • • • CLAIMS LIST February 20, 2001 Check No. Vendor Amount 14191 ACTION RADIO & COMMUNICATIONS 150.20 14192 AFFORDABLE SANITATION, INC 77.30 14193 ALBERTVILLE VILLAINS 1,500.00 14194 ARAMARK UNIFORM SERVICES 302.24 14195 BARTHEL, DON 4,343.16 14196 C C ELECTRIC 4,100.00 14197 CARQUEST 375.44 14198 COURT & MACARTHUR 3,850.00 14199 CROW RIVER FARM EQUIPMENT 18.87 14200 DAVIES WATER EQUIPMENT CO. 30,696.34 14201 DJ'S TOTAL HOME CARE CENTER 510.10 14202 DON'S AUTO & REPAIR 171.97 14203 EGGEN'S DIRECT SERVICE, INC. 413.68 14204 FEDERATED PROPANE 10.00 14205 FEHN GRAVEL & EXCAVATING 228.26 14206 FIRE INSTRUCTOR ASSOCIATION 89.46 14207 FIRSTAR BANK, N.A. 1,542.50 14208 FIVE STAR DOOR, INC. 6,350.00 14209 Void - 14210 GOULD BROTHERS 30.37 14211 GRIDOR CONSTRUCTION 275,262.00 14212 HAWKINS CHEMICAL, INC. 4,056.59 14213 HENRY & ASSOCIATES 1,093.53 14214 1NFRATECH TECHNOLOGIES, INC. 180.00 14215 JOHN MIDDENDORF 8.70 14216 JOINT POWERS BOARD 204,454.97 14217 LANO EQUIPMENT 81.08 14218 LARSON PUBLICATIONS 49.73 14219 LYLE H. NAGELL CO., INC. 2,500.00 • • CLAIMS LIST February 20, 2001 14220 MIDWEST ANALYTICAL SERVICES 92.00 14221 MINNESOTA PCA 32.00 14222 MN DEPT. OF TRADE/ECON. DEV. 49,965.26 14223 NORTHWEST ASSOCIATED CONSULTAN 4,770.48 14224 Void - 14225 OLSON & SONS ELECTRIC 652.29 14226 P.E.R.A 894.57 14227 PAT'S 66 136.02 14228 PLAISTED COMPANIES 315.15 14229 S.E.H./R.C.M. 5,582.80 14230 SCHUMM ELECTRIC MOTOR SERVICE 42.70 14231 U. S. BANK 21,960.00 14232 U.S. BANK TRUST NATIONAL ASSOC 22,253.08 14233 VETSCH CUSTOM CABINETS 4,172.79 14234 WASTE MANAGEMENT 105.45 14235 WEBER OIL COMPANY 574.62 14236 WELTER'S INC. 404.56 14237 WRIGHT RECYCLING 1,957.75 14238 XCEL ENERGY 6,100.35 Totall 662,458.36 CITY OF ALBERTVILLE Thursday, February 15, 2001 0 Page 1 of 6 Check Detail Register Check Amt Invoice Comment 10100 Security State Bank Unpaid ACTION RADIO & COMMUNICATIONS E 101-42000-404 Repair/Maint - Machinery/Equip $65.00 23124 Repair - pager E 101-42000r404 Repair/Maint - Machinery/Equip $85.20 5439 Monitor II pager Total ACTION RADIO & COMMUNICATIONS $150.20 Unpaid AFFORDABLE SANITATION, INC E 101-45100-415 Other Equipment Rentals $77.30 20114 Portable toilet Total AFFORDABLE SANITATION, INC $77.30 Unpaid ALBERTVILLE VILLAINS R 101-36200 Donations $1,500.00 Donation from Lions Total ALBERTVILLE VILLAINS $1,500.00 Unpaid ARAMARK UNIFORM SERVICES E 602-49400-417 Uniform Rentals $37.78 Water Dept. E 101-45100-417 Uniform Rentals $75.56 Parks Dept. E 601-49450-417 Uniform Rentals $37.78 WWTF E 601-49450-417 Uniform Rentals $18.89 VW TF E 602-49400-117 Uniform Rentals $18.89 Water Dept E 101-46100417 Uniform Rentals $18.89 Parks Dept. E 101-43100-417 Uniform Rentals $18.89 P Works E 101-43100-417 Uniform Rentals $75.56 P Works Total ARAMARK UNIFORM SERVICES $302.24 Unpaid BARTHEL, DON E 408-47000-640 Tax Increment Return Payment $4,343.16 Return of Tax Increment - Bus Total BARTHEL, DON $4,343.16 Unpaid C C ELECTRIC E 101-42000-521 C/O - Fire Hall $4,100.00 1861 Electrical work @ Fire Hail Total C C ELECTRIC $4,100.00 Unpaid CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $160.86 186581 E 101-43100-404 Repair/Maint - Machinery/Equip $51.65 188633 E 601-49450-404 Repair/Maint - Machinery/Equip $26.89 186721 E 101-45100-404 Repair/Maint - Machinery/Equip $71.70 187777 E 101-43100-404 Repair/Maint - Machinery/Equip $35.95 187876 E 101-43100-404 Repair/Maint - Machinery/Equip $12.08 187903 E 101-45100-404 Repair/Maint - Machinery/Equip $22.69 187990 E 101-43100-404 Repair/Maint - Machinery/Equip ($6.58) C23162 Total CARQUEST $375.44 Unpaid COURI & MACARTHUR E 451-49000-304 Legal Fees $27.50 Mooney Development E 429-49000-304 Legal Fees $3,080.00 CSAH 19/37 Improvement E 456-49000-304 Legal Fees $385.00 Shoreland Ordinance E 456-49000-304 Legal Fees $82.50 Towne Lakes E 101-41600-304 Legal Fees $82.50 Burger King E 438-49000-304 Legal Fees $55.00 CC So 6 E 101-41600-304 Legal Fees $27.50 1-94 Retail Development CITY OF ALBERTVILLE Thursday, February 15, 2001 Page 2 of 6 Check Detail Register Check Amt Invoice Comment E 450-49000-304 Legal Fees $27.50 AV 2 E 101-41600-304 Legal Fees $27.50 Albertville Plaza E 410-47000-304 Legal Fees $55.00 Mold Tech TIF Total COURI & MACARTHUR $3,8W.00 Unpaid CROW RIVER FARM EQUIPMENT E 101-43100-405 RepaiNMaint - Buildings $18.87 Total CROW RIVER FARM EQUIPMENT $18.87 Unpaid DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $29,948.13 3048224 E 601-49450-580 Other Equipment $380.78 3050431 E 601-49450-580 Other Equipment $367.43 3050433 Total DAVIES WATER EQUIPMENT CO. $30,696.34 Unpaid DJ'S TOTAL HOME CARE CENTER E 101-41940-210 Operating Supplies (GENERAL) $13.28 E 602-49400-210 Operating Supplies (GENERAL) $28.91 E 101-45100-210 Operating Supplies (GENERAL) $44.04 E 601-49450-210 Operating Supplies (GENERAL) $79.57 E 101-41300-200 Office Supplies (GENERAL) $161.86 E 101-43100-215 Shop Supplies $182.44 10 Total DJ'S TOTAL HOME CARE CENTER $510.10 Unpaid DOWS AUTO & REPAIR E 101-43100-212 Motor Fuels $32.80 Public Works E 601-49450-212 Motor Fuels $35.78 Water E 101-42000-212 Motor Fuels $103.39 Fire Dept. Total DON'S AUTO & REPAIR $171.97 Unpaid EGGEN'S DIRECT SERVICE, INC. E 101-41940-210 Operating Supplies (GENERAL) $109.36 City Hail E 101-43100-212 Motor Fuels $218.55 Public Works E 602-49400-212 Motor Fuels $37.52 Water E 602-49400-210 Operating Supplies (GENERAL) $14.80 Water - supplies E 101-42000-200 Office Supplies (GENERAL) $3.45 Fire Dept. E 601-49450-212 Motor Fuels $30.00 VW1 TF Total EGGEN'S DIRECT SERVICE, INC. $413.68 Unpaid FEDERATED PROPANE E 601.49450-210 Operating Supplies (GENERAL) $10.00 Equipment Rental Total FEDERATED PROPANE $10.00 Unpaid FEHN GRAVEL & EXCAVATING E 101-43100-222 Sand & Gravel $70.26 2562 E 101-43100-222 Sand & Gravel $71.00 2567 E 101-43100-222 Sand & Gravel $87.00 2568 Total FERN GRAVEL & EXCAVATING $228.26 Unpaid FIRE INSTRUCTOR ASSOCIATION E 101-42000-208 Training and Instruction $42.60 45979 Training material E 101-42000-208 Training and Instruction $46.86 46012 Training material CITY OF ALBERTVILLE Thursday, February 15, 2001 Page 3 of 6 Check Detail Register Check Amt Invoice Comment Total FIRE INSTRUCTOR ASSOCIATION $89.46 Unpaid FIRSTAR BANK, N.A. E 318-47000.611 Bond Interest $1,542.50 Interest Total FIRSTAR BANK, N.A. $1,542.50 Unpaid FIVE STAR DOOR, INC. E 101-43100-522 CIO - PW Building $6,350.00 4851 Repair garage door Total FIVE STAR DOOR, INC. $6,350.00 ONE CALL, INC. E 101-45100-404 Repair/Maint - Machinery/Equip $30.37 35635 98 Chev - repair Total GOULD BROTHERS $30.37 Unpaid _ GRIDOR CONSTRUCTION E 460-49480-310 Other Professional Services $275,262.00 WWTF Project Total GRIDOR CONSTRUCTION $275,262.00 Unpaid HAWKINS CHEMICAL, INC. E 601-49450-217 Chemical- Ferric Chloride $4,056.59 322815 Total HAWKINS CHEMICAL, INC. $4,056.59 Unpaid HENRY & ASSOCIATES E 601-49450406 RIM - Collection System $500.56 5430 E 601-49460-210 Operating Supplies (GENERAL) $592.98 5433 Total HENRY & ASSOCIATES $1,093.53 Unpaid INFRATECH TECHNOLOGIES, INC. E 601-49450-406 R/M - Collection System $180.00 10022 Pipeline cleaning Total INFRATECH TECHNOLOGIES, INC. $180.00 Unpaid JOHN MIDDENDORF E 601-49450-331 Travel Expenses $8.70 CPR Training - mileage Total JOHN MIDDENDORF $8.70 Unpaid JOINT POWERS BOARD R 602-37165 Water Penalty - JP $3,148.31 Penalty (Oct -Dec 2000) R 602-37105 Water Sales - JPB $87,156.78 Water Sales(Oct-Dec 2000) R 602-37171 WAC - JPB $51,600.00 WAC Fees (Oct -Dec 2000) R 602-37171 WAC - JPB $11,600.00 January 2001 WAC FEES R 602-31300 General Sales and Use Tax $767.36 January 2001 Sales Tax R 602-31300 General Sales and Use Tax $744.53 Sales Tax (Oct -Dec 2000) R 602-37130 Safe Water Test Fees $608.68 Safe Water Tests (Oct -Dec 2000 R 602-37165 Water Penalty - JP $72.38 January 2001 Penalties R 602-37130 Safe Water Test Fees $0.03 January 2001 Safe Water Tests R 602-37105 Water Sales - JPB $48,756.90 January 2001 Water Sales Total JOINT POWERS BOARD $204,454.97 CITY OF ALBERTVILLE Thursday, February 15, 2001 Check Detail Register Page 4 of 6 Check Amt Invoice Comment Unpaid LAND EQUIPMENT E 101-43100404 Repair/Maint - Machinery/Equip $81.08 166W Total LAND EQUIPMENT $81.08 Unpaid LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $49.73 Ordinance 2000-15 Total LARSON PUBLICATIONS $49.73 Unpaid LYLE H. NAGELL CO., INC. E 429-49000-310 Other Professional Services $2,500.00 9117 SEC 60th St / CSAH 37 Total LYLE H. NAGELL CO., INC. $2,500.00 Unpaid MIDWEST ANALYTICAL SERVICES E 601.49450-218 Testing Expenses $92.00 117733 CBODITSS Total MIDWEST ANALYTICAL SERVICES $92.00 Unpaid MINNESOTA PCA E 601-49450-208 Training and Instruction $32.00 Certification - Class B Total MINNESOTA PCA $32.00 Unpaid MN DEPT. OF TRADE/ECON. DEV. 1p E 601-49450,601 Debt Sry Bond Principal $31,512.31 GO Notes - Interest E 601-49450-611 Bond Interest $18,452.95 GO Notes - Principal Total MN DEPT. OF TRADE/ECON. DEV. $49,985.26 Unpaid NORTHWEST ASSOCIATED CONSULTAN E 429-49000-306 Planning Fees $2,177.88 9835 Peterson Trail E 101-41910-306 Planning Fees $115.60 9835 General Planning Services R 101-34103 Zoning and Subdivision Fees $193.75 9836 Albertville Plaza Mulit-tenant R 101-34103 Zoning and Subdivision Fees $373.50 9836 Albertville Plaza PUD E 456-49000-306 Planning Fees $363.00 9836 Towne Lakes PUD R 101-34103 Zoning and Subdivision Fees $293.75 9836 Mobil Site Plan Amendment R 101-34103 Zoning and Subdivision Fees $263.50 9836 Casey's CUP/Site Plan E 460-49000-306 Planning Fees $257.75 9836 AV 4 R 101-34103 Zoning and Subdivision Fees $242.25 9836 Culver's E 101-41910-306 Planning Fees $185.25 9836 Albertville Heritage E 101-41910-306 Planning Fees $31.00 9836 JP Board Site Plan E 457-49000-306 Planning Fees $23.25 9836 Heuring Meadows E 101-41910-306 Planning Fees $250.00 9837 General Planning Services Total NORTHWEST ASSOCIATED CONSULTAN $4,770.48 Unpaid OLSON & SONS ELECTRIC E 601-49450-404 Repair/Maint - Machinery/Equip $300.00 WWTF Repair E 601-49450-404 Repair/Maint - Machinery/Equip $352.29 WWTF Repair Controller Total OLSON & SONS ELECTRIC $652.29 Unpaid P.E.RA G 101-21704 PERA $894.57 Pay Period 11 - 02/09/01 Total P.E.RA $894.57 Unpaid PATS 66 E 101-42000-212 Motor Fuels $18.87 27730 Fire Dept. Motor Fuel CITY OF ALBERWILLE Thursday, February 15, 2001 Page 5 of 8 Check Detail Register Check Amt Involce Commem E 101-43100-212 Motor Fuels $17.36 27744 PW Motor Fuel E 101-43100-212 Motor Fuels $9.90 27982 PW Motor Fuel E 101-43100-212 Motor Fuels $47.35 28034 PW Motor Fuel E 101-43100-212 Motor Fuels $12.75 28044 PW Motor Fuel E 101-43100-212 Motor Fuels $29.79 28045 PW Motor Fuel Total PATS 66 $136.02 Unpaid PLAISTED COMPANIES E 101-43100-222 Sand & Gravel $315.15 17583 Total PLAISTED COMPANIES $316.15 Unpaid S.E.HJR.C.M. E 460-49450.303 Engineering Fees $5,582.80 72268 PnNessional Services Total S.E.HJR.C.M. $5,582.80 Unpaid SCHUMM ELECTRIC MOTOR SERVICE E 601-4900-404 Repair/Maint - Machinery/Equip $42.70 28498 Repair Aerator Motor Total SCHUMM ELECTRIC MOTOR SERVICE $42.70 Unpaid U. S. BANK E 341-47000-611 Bond Interest $1,960.00 GO Interest 1993C E 341-47000-601 Debt Sry Bond Principal $20,000.00 GO Principal 1993C Total U. S. BANK $21,9W.00 Unpaid U.S. BANK TRUST NATIONAL ASSOC E 407-47000-640 Tax Increment Return Payment $22,253.08 Cottages of Albertville Tax In Total U.S. BANK TRUST NATIONAL ASSOC $22,253.08 Unpaid VETSCH CUSTOM CABINETS E 408-47000-M Tax Increment Return Payment $4,172.79 Return of Tax increment Total VETSCH CUSTOM CABINETS $4,172.79 Unpaid WASTE MANAGEMENT E 101-45100-384 Refuse/Garbage Disposal $52.72 Parks Dept E 101-41940-384 Refuse/Garbage Disposal $52.73 Building/Grounds Total WASTE MANAGEMENT $105.45 Unpaid WEBER OIL COMPANY E 101-43100-212 Motor Fuels $574.62 39078 PW Motor Fuels Total WEBER OIL COMPANY $574.62 Unpaid WELTER'S INC. E 101-42000-404 Repair/Maint - Machinery/Equip $404.56 Machinery Supplies Total WELTER'S INC. $404.56 Unpaid WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $1,957.75 January 2001 Total WRIGHT RECYCLING $1,957.75 Unpaid XCEL ENERGY E 101-41940-381 Electric Utilities $21.67 Parking Area E 601-49450-381 Electric Utilities $1,822.01 Sewage Plant s �J CITY OF ALBERWILLE Thursday, February 15, 2001 Page 6 of 6 Check Detail Register Check Amt Invoice Comment E 101-41940-381 Electric Utilities $208.93 City Hall E 10145100-381 Electric Utilities $186.12 Skating RinkBalffieki E 601-49450-381 Electric Utilities $134.31 Lift Station-52nd St. E 101-43100-381 Electric Utilities $121.83 PW Garage E 601-49450-381 Electric Utilities $117.58 Sewer Lift Station E 101.45100-381 Electric Utilities $23.69 51st Street -Park Shelter E 101-41940-381 Electric Utilities $7.02 6002 Main Avenue E 101-45100-381 Electric Utilities $7.02 58th Street -Park Shelter E 101-41940-381 Electric Utilities $3.14 Civil Defense Siren E 101-43160-381 Electric Utilities $3,401.13 Street Lighting E 101-41940-381 Electric Utilities $45.90 60th Street- Barthel House Total XCEL ENERGY $6,100.35 10100 Security State Bank $662,958.36 CITY OF ALBERTVILLE *Revenue Guideline© 41 Current Period: January 2001 Act % Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 101 GENERAL FUND In -Active R 101-31000 General Property Taxes $0.00 $0.00 $0.00 $0.00 0 Active R 101-31010 Current Ad Valorem Taxes $1,042,719.00 $0.00 $0.00 $1,042,719.00 0 Active R 101-31020 Delinquent Ad Valorem Ta $0.00 $0.00 $0.00 $0.00 0 Active R 101-31050 Tax Increments $0.00 $0.00 $0.00 $0.00 0 Active R 101-31900 Penalties and Interest Del $0.00 $0.00 $0.00 $0.00 0 In -Active R 101-32000 Licenses and Permits $0.00 $0.00 $0.00 $0.00 0 Active R 101-32100 Business Licenses/Permits $12,000.00 $90.00 $90.00 $11,910.00 0.75 Active R 101-32110 Liquor Licenses $13,200.00 $0.00 $0.00 $13,200.00 0 Active R 101-32120 3.2 Licenses $200.00 $0.00 $0.00 $200.00 0 Active R 101-32150 Sign Permits $4.200.00 $150.00 $150.00 $4,050.00 3.57 In -Active R 101-32180 Other Licenses/Permits $0.00 $0.00 $0.00 $0.00 0 Active R 101-32210 Building Permits $75,000.00 $13,123.12 $13,123.12 $61,876.88 17.5 Active R 101-32240 Animal Licenses $200.00 $0.00 $0.00 $200.00 0 Active R 101-33401 Local Government Aid $89,592.00 $0.00 $0.00 $89,592.00 0 Active R 101-33402 Homestead Credit $138,190.00 $0.00 $0.00 $138,190.00 0 Active R 101-33405 Police Aid $8,000.00 $0.00 $0.00 $8,000.00 0 Active R 101-33406 Fire Aid $12,500.00 $0.00 $0.00 $12,500.00 0 cbve R 101-33422 Other State Aid Grants $7,500.00 $0.00 $0.00 $7,500.00 0 ctive R 101-33620 Other County Grants/Aid $6,000.00 $0.00 $0.00 $6,000.00 0 Active R 101-34000 Charges for Services $1,500.00 $75.00 $75.00 $1,425.00 5 Active R 101-34101 Lease Payment - City Prop $2,800.00 $0.00 $0.00 $2,800.00 0 Active R 101-34103 Zoning and Subdivision Fe $0.00-$1,320.81-$1,320.81 $1,320.81 0 Active R 101-34105 Sale of Maps and Publicati $0.00 $0.00 $0.00 $0.00 0 Active R 101-34106 PID/Legal Description Req $200.00 $110.00 $110.00 $90.00 55 Active R 101-34107 Assessment Search Fees $600.00 $20.00 $20.00 $580.00 3.33 In -Active R 101-34109 Other Gen Govt Charges $0.00 $0.00 $0.00 $0.00 0 Active R 101-34202 Special Fire Protection Sry $45,000.00 $0.00 $0.00 $45,000.00 0 Active R 101-34780 Park Fees $2,000.00 $0.00 $0.00 $2,000.00 0 Active R 101-34950 Other Revenues $0.00 $0.00 $0.00 $0.00 0 Active R 101-35000 Fines and Forfeits $100.00 $0.00 $0.00 $100.00 0 Active R 101-36200 Donations $0.00 $0.00 $0.00 $0.00 0 Active R 101-36210 Interest Earnings $25,000.00 $7,466.58 $7,466.58 $17,533.42 29.87 Active R 101-36220 Loan Payment - Principal $0.00 $0.00 $0.00 $0.00 0 Active R 101-36230 Loan Payment - Interest $0.00 $0.00 $0.00 $0.00 0 Active R 101-39101 Sales of General Fixed As $0.00 $0.00 $0.00 $0.00 0 Active R 101-39203 Transfer from Other Fund $0.00 $0.00 $0.00 $0.00 0 Fund 101 GENERAL FUND $1,486,501.00 $19,713.89 $19,713.89 $1,466,787.11 1.33% CITY OF ALBERTVILLE 02/16/01 10:48 AM *Expenditure Guideline© Page 1 10 Current Period: January 2001 Act Status Account Descr YTD Budget YTD Amount MTD Amount Enc Current +}' Balance . of Budget Fund 101 GENERAL FUND Dept 41100 Council Active E 101-41100-100 Wages and Salaries $11,400.00 $950.00 $950.00 $0.00 $10,450.00 8.33 Active. E 101-41100-122 FICA $872.00 $72.69 $72.69 $0.00 $799.31 8.34 Active E 101-41100-151 Worker's Comp Insur $200.00 $0.00 $0.00 $0.00 $200.00 0, Active E 101-41100-200 Office Supplies (GE $300.00 $31.92 $31.92 $0.00 $268.08 10.64 Active E 101-41100-208 Training and Instructi $1,300.00 $0.00 $0.00 $0.00 $1,300.00 0 Active E 101-41100-300 Professional Srvs (G $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 101-41100-331 Travel Expenses $300.00 $0.00 $0.00 $0.00 $300.00 0 Active E 101-41100-351 Legal Notices Publis $6,000.00 $222.30 $222.30 $0.00 $5,777.70 3.71 Active E 101-41100-361 General Liability Ins $6,000.00 $0.00 $0.00 $0.00 $6,000.00 0 Active E 101-41100-433 Dues and Subscripti $3,500.00 $880.00 $880.00 $0.00 $2,620.00 25.14 Active E 101-41100-490 Donations to Civic O $0.00 $0.00 $0.00 $0.00 $0.00 0 Dept 41100 Council $34,872.00 $2,156.91 $2,156.91 $0.00 $32,715.09 6.19% Dept 41300 Administrator Active E 101-41300-101 Full -Time Employees Active E 101-41300-102 Full -Time Employees *five E 101-41300-121 PERA Active E 101-41300-122 FICA Active E 101-41300-131 Employer Paid Healt Active E 101-41300-151 Worker's Comp Insur Active E 101-41300-200 Office Supplies (GE Active E 101-41300-208 Training and Instructi Active E 101-41300-331 Travel Expenses Active E 101-41300-361 General Liability Ins Active E 101-41300-433 Dues and Subscript Active E 101-41300-560 Furniture and Fixture Active E 101-41300-570 Office Equip and Fur Dept 41400 City Clerk $49,140.00 $3,779.20 $3,779.20 $0.00 $45,360.80 7.69 $0.00 $230.30 $230.30 $0.00 -$230.30 0 $3.560.00 $207.71 $207.71 $0.00 $3,352.29 5.83 $2,545.00 $306.73 $306.73 $0.00 $2,238.27 12.05 $6,000.00 $865.21 $865.21 $0.00 $5,134.79 14.42 $200.00 $0.00 $0.00 $0.00 $200.00 0 $1,000.00 $10.00 $10.00 $0.00 $990.00 1 $500.00 $330.00 $330.00 $0.00 $170.00 66 $500.00 $0.00 $0.00 $0.00 $500.00 0 $500.00 $0.00 $0.00 $0.00 $500.00 0 $100.00 $0.00 $0.00 $0.00 $100.00 0 $500.00 $0.00 $0.00 $0.00 $500.00 0 $3,000.00 $2,111.28 $2,111.28 $0.00 $888.72 70.38 Dept 41300 Administrator $67,545.00 $7,840.43 $7,840.43 $0.00 $59,704.57 11.61 % Active E 101-41400-101 Full -Time Employees $50,149.00 $3,817.60 $3,817.60 $0.00 $46,331.40 7.61 Active E 101-41400-102 Full -Time Employees $0.00 $135.14 $135.14 $0.00 -$135.14 0 Active E 101-41400-104 Temporary Employe $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 101-41400-121 PERA $2,597.00 $204.76 $204.76 $0.00 $2,392.24 7.88 Active E 101-41400-122 FICA $3,836.00 $302.39 $302.39 $0.00 $3,533.61 7.88 Active E 101-41400-131 Employer Paid Healt $12,000.00 $909.99 $909.99 $0.00 $11,090.01 7.58 Active E 101-41400-151 Worker's Comp Insur $300.00 $79.00 $79.00 $0.00 $221.00 26.33 Active E 101-41400-200 Office Supplies (GE $3,000.00 $73.61 $73.61 $0.00 $2,926.39 2.45 Active E 101-41400-202 Duplicating and copy $1,000.00 $202.17 $202.17 $0.00 $797.83 20.22 tive E 101-41400-208 Training and Instructi $500.00 $100.00 $100.00 $0.00 $400.00 20 tive E 101-41400-301 Auditing and Accrg $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 In -Active E 101-41400-320 Communications (G $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41400-322 Postage $1,200.00 $274.50 $274.50 $0.00 $925.50 22.88 Act Status Account Descr CITY OF ALBERTVILLE *Expenditure Guideline© Current Period: January 2001 YTp YTD MTD Budget Amount Amount Enc Current 02/16/0110:48 AM Page 2 % Balance of Budget Active E 101-41400-323 Nextel Radio Units $4,795.00 $0.00 $0.00 $0.00 $4,795.00 0 In -Active E 101-41400-329 Civil Defense Siren $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41400-331 Travel Expenses $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-41400-361 General Liability Ins $4,500.00 $0.00 $0.00 $0.00 $4,500.00 0 Active E 101-41400-404 Repair/Maint - Mach! $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 101-41400-413 Office Equipment Re $1,500.00 $90.00 $90.00 $0.00 $1,410.00 6 Active E 101-41400-433 Dues and Subscripti $50.00 $0.00 $0.00 $0.00 $50.00 0 Active E 101-41400-560 Furniture and Fixture $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-41400-570 Office Equip and Fur $8,000.00 $4,975.30 $4,975.30 $0.00 $3,024.70 62.19 Active E 101-41400-592 Elections $0.00 $0.00 $0.00 $0.00 $0.00 0 Dept 41400City C/erk $110,427.00 $11,164.46 $11,164.46 $0.00 $99,262.54 10.11% Dept 41410 Elections Active E 101-41410-100 Wages and Salaries $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41410-203 Printed Forms $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41410-300 Professional Srvs (G $0.00 $0.00 $0.00 $0.00 $0.00 0 Dept 41410 Elections $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Oept 41550 Assessing Active E 101-41550-300 Professional Srvs (G $13.000.00 $0.00 $0.00 $0.00 $13,000.00 0 Dept 41550 Assessing $13,000.00 $0.00 $0.00 $0.00 $13,000.00 0.00% Dept 41600 City Attorney Active E 101-41600-304 Legal Fees $20,000.00 $1,135.75 $1,135.75 $0.00 $18,864.25 5.68 Dept 41600 City Attorney $20,000.00 $1,135.75 $1,135.75 $0.00 $18,864.25 5.68% Dept 41700 City Engineer Active E 101-41700-303 Engineering Fees $40,000.00 $12,550.98 $12,550.98 $0.00 $27,449.02 31.38 Dept 41700 City Engineer $40,000.00 $12,550.98 $12,550.98 $0.00 $27,449.02 31.38% Dept 41800 Economic Development Active E 101-41800-200 Office Supplies (GE $100.00 $0.00 $0.00 $0.00 $100.00 0 Active E 101-41800-208 Training and Instructs $100.00 $0.00 $0.00 $0.00 $100.00 0 Active E 101-41800-331 Travel Expenses $100.00 $0.00 $0.00 $0.00 $100.00 0 Active E 101-41800-511 Taxes on City Proper $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41800-599 TIF Local Contributio $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Dept 41800 Economic Development $5,300.00 $0.00 $0.00 $0.00 $5,300.00 0.00% Dept 41910 Planning and Zoning Active E 101-41910-100 Wages and Salaries $1,200.00 $100.00 $100.00 $0.00 $1,100.00 8.33 Active E 101-41910-109 Wages - Zoning Adm $15,600.00 $0.00 $0.00 $0.00 $15,600.00 0 Octive E 101-41910-122 FICA $1,193.00 $7.65 $7.65 $0.00 $1,185.35 0.64 ctive E 101-41910-200 Office Supplies (GE $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 101-41910-208 Training and Instructi $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-41910-306 Planning Fees $25,000.00 $784.16 $784.16 $0.00 $24,215.84 3.14 CITY OF ALBERTVILLE 02/16/01 10:48 AM *Expenditure Guideline© Page 3 0 Current Period: January 2001 Act YTD YTD MTD Eric % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-41910-331 Travel Expenses $500.00 $0.00 $0.00 $0.00 $500.00 0 Dept 41910 Planning and Zoning $44,193.00 $891.81 $891.81 $0.00 $43,301.19 2.02% Dept 41940 General Govt Buildings/Plant Active E 101-41940-210 Operating Supplies ( $1,500.00 $0.00 $0.00 $0.00 $1,500.00 0 Active E 101-41940-321 Telephone $3,000.00 $827.32 $827.32 $0.00 $2,172.68 27.58 Active E 101-41940-361 General Liability Ins $4,500.00 $0.00 $0.00 $0.00 $4,500.00 0 Active E 101-41940-381 Electric Utilities $3,000.00 $321.22 $321.22 $0.00 $2,678.78 10.71 Active E 101-41940383 Gas Utilities $1,500.00 $546.72 $546.72 $0.00 $953.28 36.45 Active E 101-41940-384 Refuse/Garbage Dis $1,200.00 $47.93 $47.93 $0.00 $1,152.07 3.99 Active E 101-41940-399 Miscellaneous $500.00 $0.00 $0.00 $0.00 $500.00 0 In -Active E 101-41940-401 Repair/Maint - Unpa $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41940-404 Repair/Maint - Machi $500.00 $317.11 $317.11 $0.00 $182.89 63.42 Active E 101-41940-405 Repair/Maint - Buildi $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 Active E 101-41940-520 Buildings and Struct $41,000.00 $0.00 $0.00 $0.00 $41,000.00 0 Active E 101-41940-530 Improvements Other $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 101-41940-560 Furniture and Fixture $2,000.00 $0.00 $0.00 $0.00 $2,000.00 0 Active E 101-41940-580 Other Equipment $500.00 $295.16 $295.16 $0.00 $204.84 59.03 40 Dept 41940 General Govt Buildings/Plant $64,200.00 $2,355.46 $2,355.46 $0.00 $61,844.54 3.67% Dept 42000 Fire Department Active E 101-42000-100 Wages and Salaries $1,500.00 $0.00 $0.00 $0.00 $1,500.00 0 Active E 101-42000-106 Wages - Fire Calls $10,000.00 $2,779.00 $2,779.00 $0.00 $7,221.00 27.79 Active E 101-42000-107 Training Reimburse $10,350.00 $0.00 $0.00 $0.00 $10,350.00 0 Active E 101-42000-108 Medical Training $2,875.00 $0.00 $0.00 $0.00 $2,875.00 0 Active E 101-42000-122 FICA $880.00 $202.87 $202.87 $0.00 $677.13 23.05 Active E 101-42000-124 Fire Pension Contrib $13,300.00 $0.00 $0.00 $0.00 $13,300.00 0 Active E 101-42000-150 Worker's Comp (GE $3,700.00 $0.00 $0.00 $0.00 $3,700.00 0 Active E 101-42000-200 Office Supplies (GE $3,450.00 $746.68 $746.68 $0.00 $2,703.32 21.64 Active E 101-42000-208 Training and Instructi $4,725.00 $535.20 $535.20 $0.00 $4,189.80 11.33 Active E 101-42000-212 Motor Fuels $800.00 $24.67 $24.67 $0.00 $775.33 3.08 Active E 101-42000-301 Auditing and AccVg $1,400.00 $0.00 $0.00 $0.00 $1,400.00 0 Active E 101-42000-305 Medical - Physicals $810.00 $0.00 $0.00 $0.00 $810.00 0 Active E 101-42000-311 EMT Training $1,200.00 $0.00 $0.00 $0.00 $1,200.00 0 Active E 101-42000-312 First Responder Trai $1,200.00 $0.00 $0.00 $0.00 $1,200.00 0 Active E 101-42000-321 Telephone $1,200.00 $156.37 $156.37 $0.00 $1,043.63 13.03 Active E 101-42000-331 Travel Expenses $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 101-42000-361 General Liability Ins $3,100.00 $0.00 $0.00 $0.00 $3,100.00 0 Active E 101-42000-381 Electric Utilities $2,000.00 $304.22 $304.22 $0.00 $1,695.78 15.21 Active E 101-42000-383 Gas Utilities $1,500.00 $1,255.12 $1,255.12 $0.00 $244.88 83.67 Active E 101-42000-384 Refuse/Garbage Dis $800.00 $0.00 $0.00 $0.00 $800.00 0 ctive E 101-42000-404 Repair/Maint - Mach! $3,750.00 $0.00 $0.00 $0.00 $3,750.00 0 ctive E 101-42000-405 Repair/Maint - Buildi $550.00 $0.00 $0.00 $0.00 $550.00 0 Active E 101-42000-417 Uniform Rentals $200.00 $117.25 $117.25 $0.00 $82.75 58.63 Active E 101-42000-433 Dues and Subscripti $200.00 $70.00 $70.00 $0.00 $130.00 35 CITY OF ALBERTVILLE 02/16/01 10:48 AM *Expenditure Guideline© Page 4 Current Period: January 2001 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget In -Active E 101-42000-447 C/O - Furniture $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-42000-521 C/O - Fire Hall $40,000.00 $1,010.69 $1,010.69 $0.00 $38,989.31 2.53 Active E 101-42000-551 C/O - Fire Trucks $45,000.00 $0.00 $0.00 $0.00 $45,000.00 0 Active E 101-42000-560 Furniture and Fixture $2,200.00 $0.00 $0.00 $0.00 $2,200.00 0 Active E 101-42000-570 Office Equip and Fur $2,200.00 $481.69 $481.69 $0.00 $1,718.31 21.9 In -Active E 101-42000-580 Other Equipment $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-42000-583 C/O - Hose $1,650.00 $0.00 $0.00 $0.00 $1,650.00 0 Active E 101-42000-584 C/O - Trunout Gear $2,750.00 $0.00 $0.00 $0.00 $2,750.00 0 Active E 101-42000-585 C/O -Air Packs $2,990.00 $0.00 $0.00 $0.00 $2,990.00 0 Active E 101-42000-586 C/O - Pagers $1,500.00 $0.00 $0.00 $0.00 $1,500.00 0 Active E 101-42000-587 C/O - Tools $1,200.00 $0.00 $0.00 $0.00 $1,200.00 0 Dept 42000 Fire Department $169,980.00 $7,683.76 $7,683.76 $0.00 $162,296.24 4.52% Dept 42110 Police Administration Active E 101-42110-307 Police Contract Fees Dept 42110 Police Administration Dept 42400 Building Inspection (GENERAL) Octive E 101-42400-302 Building Inspection F Dept 42400 Building Inspection (GENERAL) Dept 42700 Animal Control Active E 101-42700-309 Animal Control Contr Dept 42700 Animal Control Dept 43100 Hwys, Streets, & Roads Active E 101-43100-101 Full -Time Employees Active E 101-43100-102 Full -Time Employees Active E 101-43100-104 Temporary Employe Active E 101-43100-121 PERA Active E 101-43100-122 FICA Active E 10143100-130 Employer Paid Ins Active E 101-43100-151 Worker's Comp Insur Active E 101-43100-208 Training and Instruct! Active E 101-43100-212 Motor Fuels Active E 101-43100-215 Shop Supplies Active E 101-43100-221 Ice Removal Active E 10143100-222 Sand & Gravel Active E 10143100-223 Seal Coating Active E 101-43100-224 Street Overiayment Active E 10143100-226 Sign Repair Material E 101-43100-227 Street Sweeping active ctive E 101-43100-321 Telephone Active E 101-43100-323 Nextel Radio Units Active E 101-43100-329 Civil Defense Siren $233,600.00 $19,466.67 $19,466.67 $0.00 $214,133.33 8.33 $233,600.00 $19,466.67 $19,466.67 $0.00 $214,133.33 8.33% $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% $3,000.00 $358.00 $358.00 $0.00 $2,642.00 11.93 $3,000.00 $358.00 $358.00 $0.00 $2,642.00 11.93% $39,993.00 $3,103.22 $3,103.22 $0.00 $36,889.78 7.76 $500.00 $729.72 $729.72 $0.00 -$229.72 145.94 $4,000.00 $42.00 $42.00 $0.00 $3,958.00 1.05 $2,305.00 $198.55 $198.55 $0.00 $2,106.45 8.61 $3,404.00 $296.43 $296.43 $0.00 $3,107.57 8.71 $7,500.00 $876.42 $876.42 $0.00 $6,623.58 11.69 $2,964.00 $0.00 $0.00 $0.00 $2,964.00 0 $750.00 $255.75 $255.75 $0.00 $494.25 34.1 $3,500.00 $725.88 $725.88 $0.00 $2,774.12 20.74 $3,000.00 $563.52 $563.52 $0.00 $2,436.48 18.78 $4,000.00 $221.34 $221.34 $0.00 $3,778.66 5.53 $1,000.00 $1,159.32 $1,159.32 $0.00 -$159.32 115.93 $16,000.00 $0.00 $0.00 $0.00 $16,000.00 0 $75,008.00 $0.00 $0.00 $0.00 $75,000.00 0 $500.00 $241.26 $241.26 $0.00 $258.74 48.25 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 $1,350.00 $142.24 $142.24 $0.00 $1,207.76 10.54 $371.00 $0.00 $0.00 $0.00 $371.00 0 $15,000.00 $0.00 $0.00 $0.00 $15,000.00 0 • CITY OF ALBERTVILLE *Expenditure Guideline© Current Period: January 2001 02/16/01 10:48 AM Page 5 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-43100-331 Travel Expenses $100.00 $0.00 $0.00 $0.00 $100.00 0 Active E 101-43100-381 Electric Utilities $2,400.00 $109.09 $109.09 $0.00 $2,290.91 4.55 Active E 101-43100-383 Gas Utilities $2,500.00 $561.00 $561.00 $0.00 $1,939.00 22.44 Active E 101-43100-400 Repair/Maint - Paved $7,000.00 $672.00 $672.00 $0.00 $6,328.00 9.6 Active E 101-43100-401 Repair/Maint - Unpa $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 101-43100-402 Repair/Maint - Sidew $7,500.00 $0.00 $0.00 $0.00 $7,500.00 0 Active E 101-43100-403 Repair/Maint - Catch $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Active E 101-43100-404 Repair/Maint - Machi $10,000.00 $565.83 $565.83 $0.00 $9,434.17 5.66 Active E 101-43100-405 Repair/Maint - Builds $5,000.00 $1,990.65 $1,990.65 $0.00 $3,009.35 39.81 Active E 101-43100-410 Rentals (GENERAL) $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-43100-417 Uniform Rentals $800.00 $48.24 $48.24 $0.00 $751.76 6.03 Active E 101-43100-433 Dues and Subscripts $500.00 $252.50 $252.50 $0.00 $247.50 50.5 Active E 101-43100-522 C/O - PW Building $35,000.00 $0.00 $0.00 $0.00 $35,000.00 0 Active E 101-43100-541 C/O -Tractor/Loader $25,000.00 $0.00 $0.00 $0.00 $25,000.00 0 Active E 101-43100-542 C/O - Snow Plow $25,000.00 $0.00 $0.00 $0.00 $25,000.00 0 Active E 101-43100-552 C/O - Pick-up $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 101-43100-581 C/O - Mower $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 101-43100-582 C/O - Misc. Equipme $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 0 Dept 43100 Hwys, Streets, & Roads $335,437.00 $12,754.96 $12,754.96 $0.00 $322,682.04 3.80% Dept 43160 Street Lighting Active E 101-43160-381 Electric Utilities $38,000.00 $3,067.34 $3,067.34 $0.00 $34,932.66 8.07 Dept 43160 Street Lighting $38,000.00 $3,067.34 $3,067.34 $0.00 $34,932.66 8.07% Dept 43200 Sanitation (GENERAL) In -Active E 101-43200-210 Operating Supplies ( $0.00 $8.94 $8.94 $0.00 -$8.94 0 Active E 101-43200-308 Recycling Contract F $23,000.00 $1,715.00 $1,715.00 $0.00 $21,285.00 7.46 Dept43200 Sanitation (GENERAL) $23,000.00 $1,723.94 $1,723.94 $0.00 $21,276.06 7.50% Dept 45000 Culture and Rec (GENERAL) Active E 101-45000-596 Friendly City Days $4,250.00 $250.00 $250.00 $0.00 $4,000.00 5.88 Active E 101-45000-597 Ice Arena Funding $15,000.00 $0.00 $0.00 $0.00 $15,000.00 0 Active E 101-45000-598 Pledges & Contributi $6,516.00 $0.00 $0.00 $0.00 $6,516.00 0 Dept 45000 Culture and Rec (GENERAL) $25,766.00 $250.00 $250.00 $0.00 $25,516.00 0.97% Dept 45100 Recreation (GENERAL) Active E 101-45100-101 Full -Time Employees $45,110.00 $3,460.00 $3,460.00 $0.00 $41,650.00 7.67 Active E 101-45100-102 Full -Time Employees $500.00 $99.75 $99.75 $0.00 $400.25 19.95 Active E 101-45100-104 Temporary Employe $1,000.00 $230.00 $230.00 $0.00 $770.00 23 Active E 101-45100-121 PERA $2,362.00 $184.40 $184.40 $0.00 $2,177.60 7.81 Active E 101-45100-122 FICA $3,566.00 $272.31 $272.31 $0.00 $3,293.69 7.64 Wctitive E 101-45100-130 Employer Paid Ins ( $7,500.00 $876.42 $876.42 $0.00 $6,623.58 11.69 ve E 101-45100-151 Worker's Comp Insur $2,968.00 $0.00 $0.00 $0.00 $2,968.00 0 Active E 101-45100-208 Training and Instructi $300.00 $255.75 $255.75 $0.00 $44.25 85.25 Active E 101-45100-210 Operating Supplies ( $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 • CITY OF ALBERTVILLE *Expenditure Guideline© Current Period: January 2001 02/16/01 10:48 AM Page 6 Act YTp YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-45100-212 Motor Fuels $800.00 $72.00 $72.00 $0.00 $728.00 9 Active E 101-45100-321 Telephone $700.00 $53.68 $53.68 $0.00 $646.32 7.67 Active E 101-45100-323 Nextel Radio Units $375.00 $0.00 $0.00 $0.00 $375.00 0 Active E 101-45100-331 Travel Expenses $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 101-45100-361 General Liability Ins $4,400.00 $0.00 $0.00 $0.00 $4,400.00 0 Active E 101-45100-381 Electric Utilities $2,700.00 $227.91 $227.91 $0.00 $2,472.09 8.44 Active E 101-45100-383 Gas Utilities $1,500.00 $200.00 $200.00 $0.00 $1,300.00 13.33 Active E 101-45100-384 Refuse/Garbage Dis $1,500.00 $47.94 $47.94 $0.00 $1,452.06 3.2 Active E 101-45100-404 Repair/Maint - Machi $4,000.00 $1,831.46 $1,831.46 $0.00 $2,168.54 45.79 Active E 101-45100-405 Repair/Maint - Buildi $2,000.00 $0.00 $0.00 $0.00 $2,000.00 0 Active E 101-45100-415 Other Equipment Re $2,500.00 $77.30 $77.30 $0.00 $2,422.70 3.09 Active E 101-45100-417 Uniform Rentals $1,000.00 $48.24 $48.24 $0.00 $951.76 4.82 Active E 101-45100-523 C/O - Park Buildings $2,000.00 $0.00 $0.00 $0.00 $2,000.00 0 Active E 101-45100-530 Improvements Other $10.000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 101-45100-552 C/O - Pick-up $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 101-45100-588 C/O - Park Mach/Eq $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 101-45100-589 C/O - Park/Trail Con $20,000.00 $0.00 $0.00 $0.00 $20,000.00 0 Active E 101-45100-595 City Special Assess $3,200.00 $0.00 $0.00 $0.00 $3,200.00 0 Dept 45100 Recreatfon (GENERAL) $143,181.00 $7,937.16 $7,937.16 $0.00 $135,243.84 5.54% Dept 49300 Other Finanacing Uses Active E 101-49300-650 Working Capital Res $75,000.00 $0.00 $0.00 $0.00 $75,000.00 0 Active E 101-49300-660 Capital Projects Res $40,000.00 $26,679.93 $26,679.93 $0.00 $13,320.07 66.7 Dept 49300 Other Financing Uses $115,000.00 $26,679.93 $26,679.93 $0.00 $88,320.07 23.20% Fund 101 GENERAL FUND $1,486,501.00 $118,017.56 $118,017.56 $0.00 $1,368,483.44 7.94% CITY OF ALBERTVILLE 02/16/01 11:07 AM *Revenue Guideline© Page 54 Current Period: January 2001 Act % Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 601 SEWER FUND Active R 601-36105 Certified Del. Utilities $0.00 $1,185.29 $1,185.29 -$1,185.29 0 Active R 601-36210 Interest Earnings $0.00 $0.00 $0.00 $0.00 0 Active R 601-37200 Sewer Sales $250,000.00 $56,212.24 $56,212.24 $193,787.76 22.48 Active R 601-37260 Swr Penalty $2,500.00 $110.58 $110.58 $2,389.42 4.42 Active R 601-99999 UNALLOCATED UTILITY $0.00 $0.00 $0.00 $0.00 0 Fund 601 SEWER FUND $252,500.00 $57,508.11 $57,508.11 $194,991.89 22.78% CITY OF ALBERTVILLE 02/16/01 10:49 AM *Expenditure Guideline© Page 59 0 Current Period: January 2001 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Fund 601 SEWER FUND Dept 49450 Sewer (GENERAL) Active E 601-49450-101 Full -Time Employees $24,570.00 $2,045.63 $2,045.63 $0.00 $22,524.37 8.33 Active E 601-49450-102 Full -Time Employees $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 601-49450-103 Part -Time Employee $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Active E 601-49450-104 Temporary Employe $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 601-49450-121 PERA $1,273.00 $105.98 $105.98 $0.00 $1,167.02 8.33 Active E 601-49450-122 FICA $1,880.00 $156.45 $156.45 $0.00 $1,723.55 8.32 Active E 601-49450-130 Employer Paid Ins ( $4,500.00 $443.81 $443.81 $0.00 $4,056.19 9.86 Active E 601-49450-151 Worker's Comp Insur $767.00 $0.00 $0.00 $0.00 $767.00 0 Active E 601-49450-203 Printed Forms $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 601-49450-208 Training and Instruct! $1,500.00 $374.75 $374.75 $0.00 $1,125.25 24.98 Active E 601-49450-209 Locates $750.00 $38.40 $38.40 $0.00 $711.60 5.12 Active E 601-49450-210 Operating Supplies ( $2,500.00 $95.02 $95.02 $0.00 $2,404.98 3.8 Active E 601-49450-212 Motor Fuels $750.00 $92.79 $92.79 $0.00 $657.21 12.37 Active E 601-49450-216 Chemicals - Alum $9,000.00 $0.00 $0.00 $0.00 $9,000.00 0 Active E 601-49450-217 Chemicals - Ferric C $8,000.00 $3,516.13 $3,516.13 $0.00 $4,483.87 43.95 Active E 601-49450-218 Testing Expenses $6,500.00 $252.00 $252.00 $0.00 $6,248.00 3.88 ctive E 601-49450-300 Professional Srvs (G $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 601-49450-321 Telephone $1,000.00 $96.77 $96.77 $0.00 $903.23 9.68 Active E 601-49450-322 Postage $600.00 $164.16 $164.16 $0.00 $435.84 27.36 Active E 601-49450-323 Nextel Radio Units $566.00 $0.00 $0.00 $0.00 $566.00 0 Active E 601-49450-331 Travel Expenses $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 601-49450-361 General Liability Ins $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 601-49450-381 Electric Utilities $25,000.00 $2,066.32 $2,066.32 $0.00 $22,933.68 8.27 Active E 601-49450-383 Gas Utilities $4,000.00 $818.95 $818.95 $0.00 $3,181.05 20.47 Active E 601-49450-404 Repair/Maint - Machi $10,000.00 $2,497.84 $2,497.84 $0.00 $7,502.16 24.98 Active E 601-49450-405 Repair/Maint - Buildi $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 601-49450-406 R/M - Collection Syst $7,500.00 $205.00 $205.00 $0.00 $7,295.00 2.73 In -Active E 601-49450-412 Building Rentals $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 601-49450-417 Uniform Rentals $600.00 $24.12 $24.12 $0.00 $575.88 4.02 Active E 601-49450-552 C/O - Pick-up $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 601-49450-580 Other Equipment $7,500.00 $0.00 $0.00 $0.00 $7,500.00 0 Active E 601-49450-587 C/O - Tools $2,000.00 $0.00 $0.00 $0.00 $2,000.00 0 Active E 601-49450-590 C/O - Alternative Ele $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 601-49450-601 Debt Sry Bond Princi $62,000.00 $0.00 $0.00 $0.00 $62,000.00 0 Active E 601-49450-611 Bond Interest $38,500.00 $0.00 $0.00 $0.00 $38,500.00 0 Dept 49450 Sewer (GENERAL) $252,756.00 $12,994.12 $12,994.12 Fund 601 SEWER FUND a $252,756.00 $12,994.12 $12,994.12 $0.00 $239,761.88 5.14% $0.00 $239,761.88 5.14% CITY OF ALBERTVILLE 02/16/01 11:07 AM *Revenue Guideline© Page 55 Current Period: January 2001 Act % Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 602 WATER FUND Active R 602-31300 General Sales and Use Ta $0.00 $767.36 $767.36 -$767.36 0 Active R 602-34950 Other Revenues $0.00 $0.00 $0.00 $0.00 0 Active R 602-36100 Special Assessments $0.00 $0.00 $0.00 $0.00 0 Active R 602-36105 Certified Del. Utilities $0.00 $0.00 $0.00 $0.00 0 Active R 602-36210 Interest Earnings $0.00 $0.00 $0.00 $0.00 0 Active R 602-37100 Water Sales - City $85,000.00 $16,897.30 $16,897.30 $68,102.70 19.88 Active R 602-37105 Water Sales - JPB $0.00 $48,756.90 $48,756.90 -$48,756.90 0 Active R 602-37130 Safe Water Test Fees $0.00 $0.03 $0.03 -$0.03 • 0 Active R 602-37160 Water Penalty - City $350.00 $20.89 $20.89 $329.11 5.97 Active R 602-37165 Water Penalty - JP $0.00 $72.38 $72.38 -$72.38 0 Active R 602-37166 Safe Water Penalty $0.00 -$0.13 -$0.13 $0.13 0 Active R 602-37170 WAC - City $60,000.00 $4,200.00 $4,200.00 $55,800.00 7 Active R 602-37171 WAC - JPB $0.00 $9,000.00 $9,000.00 -$9,000.00 0 Active R 602-37175 TRUNK WATER FEES $0.00 $0.00 $0.00 $0.00 0 Active R 602-37190 Meter Sales $10.000.00 $760.00 $760.00 $9,240.00 7.6 Active R 602-99999 UNALLOCATED UTILITY $0.00 -$4.83 -$4.83 $4.83 0 Fund 602 WATER FUND $155,350.00 $80,469.90 $80,469.90 $74.880.10 51.80% CITY OF ALBERTVILLE 02/16/01 10:50 AM *Expenditure Guideline© Page 60 Current Period: January 2001 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Fund 602 WATER FUND • Dept 49400 Water Utilities (GENERAL) Active E 602-49400-101 Full -Time Employees $24,570.00 $2,045.62 $2,045.62 $0.00 $22,524.38 8.33 Active E 602-49400-102 Full -Time Employees $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 602-49400-104 Temporary Employe $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Active E 602-49400-121 PERA $1,273.00 $105.94 $105.94 $0.00 $1,167.06 8.32 Active E 602-49400-122 FICA $1,880.00 $156.54 $156.54 $0.00 $1,723.46 8.33 Active E 602-49400-130 Employer Paid Ins ( $4,500.00 $443.82 $443.82 $0.00 $4,056.18 9.86 Active E 602-49400-151 Worker's Comp Insur $787.00 $0.00 $0.00 $0.00 $787.00 0 Active E 602-49400-203 Printed Forms $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 602-49400-208 Training and Instructi $600.00 $315.75 $315.75 $0.00 $284.25 52.63 Active E 602-49400-209 Locates $750.00 $0.00 $0.00 $0.00 $750.00 0 Active E 602-49400-210 Operating Supplies ( $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 602-49400-212 Motor Fuels $1,000.00 $30.00 $30.00 $0.00 $970.00 3 Active E 602-49400-250 Meters for Resale $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 602-49400-300 Professional Srvs (G $1,500.00 $0.00 $0.00 $0.00 $1.500.00 0 Active E 602-49400-321 Telephone $1,000.00 $39.25 $39.25 $0.00 $960.75 3.93 Active E 602-49400-322 Postage $600.00 $164.15 $164.15 $0.00 $435.85 27.36 *ctive E 602-49400-323 Nextel Radio Units $561.00 $0.00 $0.00 $0.00 $561.00 0 Active E 602-49400-331 Travel Expenses $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 602-49400-361 General Liability Ins $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 602-49400-404 Repair/Maint - Machi $3,500.00 $650.00 $650.00 $0.00 $2,850.00 18.57 Active E 602-49400-407 R/M - Water Mains $25,000.00 $0.00 $0.00 $0.00 $25,000.00 0 Active E 602-49400-408 R/M - Water Service $1.000.00 $0.00 $0.00 $0.00 $1,000.00 0 In -Active E 602-49400-412 Building Rentals $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 602-49400-417 Uniform Rentals $600.00 $24.13 $24.13 $0.00 $575.87 4.02 Active E 602-49400-445 C/O - Tools $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 602-49400-446 C/O - Vehicles $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 602-49400-582 C/O - Misc. Equipme $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Dept 49W Water Utilities (GENERAL) $105,321.00 $3,975.20 $3,975.20 $0.00 $101,345.80 3.77% Dept 49450 Sewer (GENERAL) In -Active E 602-49450-412 Building Rentals $0.00 $0.00 $0.00 $0.00 $0.00 0 Dept 49450 Sewer (GENERAL) $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Fund 602 WATER FUND $105,321.00 $3,975.20 $3,975.20 $0.00 $101,345.80 3.77% • CITY OF ALBERTVILLE *Revenue Guideline© Current Period: January 2001 02/16/01 11:07 AM Page 56 Act Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 604 STORM WATER Active R 604-36105 Certified Del. Utilities $0.00 $0.00 $0.00 $0.00 0 Active R 604-36210 Interest Earnings $0.00 $0.00 $0.00 $0.00 0 Active R 604-37400 Storm Water Charges $28,000.00 $7,716.18 $7,716.18 $20,283.82 27.56 Active R 604-37450 Storm Wtr Connection $20,000.00 $1,400.00 $1,400.00 $18,600.00 7 Active R 604-37460 Storm Water Penalty $250.00 $12.31 $12.31 $237.69 4.92 Active R 604-99999 UNALLOCATED UTILITY $0.00 $0.00 $0.00 $0.00 0 Fund 604 STORM WATER $48,250.00 $9,128.49 $9,128.49 $39,121.51 18.92% Report Total $1,942,601.00 $173,151.53 $173,151.53 $1,769,449.47 8.91% • • CITY OF ALBERTVILLE 02/16/01 10:50 AM *Expenditure Guideline© Page 61 Current Period: January 2001 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Fund 604 STORM WATER Dept 49960 Storm Water Utility Active E 604-49960-203 Printed Forms $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 604-49960-300 Professional Srvs (G $7,500.00 $0.00 $0.00 $0.00 $7,500.00 0 Active E 604-49960-322 Postage $300.00 $164.14 $164.14 $0.00 $135.86 54.71 Dept 49960 Storm Water L1011ty $8,000.00 $164.14 $164.14 $0.00 $7,835.86 2.05% Fund 604 STORM WATER $8,000.00 $164.14 $164.14 $0.00 $7,835.86 2.05% Report Total $1,852,578.00 $891,210.45 $891,210.45 $0.00 $961,367.55 48.11% • 0 AWAVWA ,=,zEH MEMC 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City of Albertville FROM: Wayne Stark, P.E. DATE: February 15, 2001 RE: 2001 City Park Improvements Construction Update Albertville, Minnesota SEH No. A-ALBEV 0103.00 14 320.229.4300 800.572.0617 320.229.4301 FAX Last fall, Fehn Construction began mining out clay material from the City Park in exchange for construction work to the park. In order to finish the park improvements, there is still some work to be completed. The following is a list of the work Fehn Construction has completed to date, what they will finish this spring, and what work will be completed under separate agreements. • Work completed to date by Fehn Construction: 1. Deliver, place, and compact fill material in areas that were mined out. About 21,000 cubic yards of clay material excavated to a depth no greater than 15 feet. 2. Install storm sewer along north side of Park to correct drainage problem. • Work to be completed by Fehn Construction this spring: 1. Finish grading of site per plan. 2. Place limestone for softball and baseball fields. 3. Complete seeding for softball and baseball fields and disturbed areas. • Work to be completed under separate agreements: 1. Install irrigation systems for softball and baseball fields (estimated cost is $20,000). - Quotes for work will be obtained from three qualified irrigation contractors. 2. Install backstop and perimeter fences for softball and baseball fields (estimated cost is $46,000). - Plans and specifications will be prepared for bidding. The irrigation system and fence installation work will be coordinated with the work that Fehn Construction will be doing this spring. The work outlined in this letter for the two fields should be completed by the end of May. The softball field should be ready for play at that time, however, the baseball field will need at least another month for turf establishment. Items not included in this project are: lighting, bleachers, dugouts, and the Ice Arena parking lot expansion. Please contact me at 320.229.4373 if you have questions regarding this project djg Enclosures c: Pete Carlson, SEH Mike Czech, SEH Gary Fehn, Fehn Construction w: Wbev\0103koffA I i aO I eia-m.dm Short Elliott Hendrickson Inc. • Offices located throughout the Upper Midwest • Equal Opportunity Employer We help you plan, design, and achieve. October 23, 2000 Gary Fehn Dennis Fehn Gravel, Inc. 11900 50th Street NE P.O. Box 256 Albertville MN 55301-0256 Dear Gary: 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 architecture engineering environmental ID 320.229.4301 FAX transportation RE: Albertville, Minnesota 2000 City Park Improvements SEH No. A-ALBEV 0103.00 14 As per our telephone conversation on Wednesday, October 18, I've summarized your proposal to is the City for this project. Dennis Fehn Gravel, Inc. will complete the following items at no charge to the City of Albertville in exchange for mining out the desired clay material located on this site. • Haul in and place topsoil material for the ball fields. • Perform all finish site grading per the attached grading plan. • Seed all disturbed areas per SEH specifications. • Place crushed limestone for the ball fields per the attached site plan. The existing clay material can only be excavated to a depth such that the topsoil fill material can be placed and compacted up to final grade. The pipe work will be paid for by the City on a per unit basis. Dennis Fehn Gravel will complete this pipe work before the end of November. If this proposal meets with your approval, please sign in the appropriate place below and return one copy to us. This letter will serve as the written agreement between the City of Albertville, and Dennis Fehn Gravel, Inc. Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan, design, and achieve. Gary Fehn October 18, 2000 Page 2 We look forward to working with you on your project. Please give me a call at 320/2294373 if you have any questions. Accepted: By: Title: Date: &-- .Z --p o djg Sincerely, Short Elliott Hendrickson Inc. W Wayne Stark, PE Project Engineer djg Enclosures: 2000 City Park Improvements Drawings, Sheet Nos. 1 — 4, 08/14/00 c: Linda Goeb, City of Albertville Tim Guimont, City of Albertville Mike Couri, Couri & MacArthur Pete Carlson, SEH \\Woc I \scev\a1bev\0103\coMoc 19404. doc 0 • E .•r..ww.n.a.w�N Nva ••Na N ~ A LACHMAN AVEN F-- ----- ---- -- -- Q ' w t"- . !1s-' .j r az IM ieT NIS ti{ 6 o2 5 Ra� HP =Oy spy fQj ---_. E -� ��8�1 �l\ j � i ^•� E m Zm� —i m �y o a LANDER AVENUE � m � y � E N :O o g i OJNTY 4,,, ?,Z WRIGHT COUNTY Z DEPARTMENT OF HIGHWAYS M Wright County Public Works Building �d O 1901 Highway 25 North ��, Buffalo, Minnesota 55313 786r* Jct. T.H. 25 and C.R. 138 Telephone. (763) 682-7383 FAX. (763) 682-7313 January 25, 2001 Ms. Linda Goeb City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 A 4J (763) 682-7388 VIRGIL G. HAWKINS, P.E. Assistant Highway Engineer (763)682-7387 RICHARD E. MARQUEM Right of way Agent (763)682-7386 RE: Cooperative Agreement for Operation & Maintenance of New Traffic Control Signal System at CSAH 19 & Outlet Mall Road Dear Linda: Please find enclosed three (3) original copies of the cooperative agreement for the above mentioned signal system. Please have the agreement approved by the City and return to our office for approval by the County Board. We will sign and approve the signal plans upon return of the signed agreement to our office. Please call me at 763-682-7387 or Wayne Fingalson at 763-682-7388 if you have any questions or require further information. Sincerely, V-e4Z444 Virgil G. Hawkins, P.E. Assistant County Engineer Enclosure: Three (3) originals of cooperative agreement no. 01-01 cc: Wayne Fingalson, County Engineer Bill Cordell, Senior Traffic Technician Pete Carlson, SEH, Inc. Project File C:\Data\WPWIN\CITY\Cover letter for agreement 0101 CSAH 19 & Outlet Mall signal.wpd Equal Opportunity / Affirmative Action Employer • 0 o4t. 4;� 40 wz � m m O dY 7856 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS TRAFFIC SIGNAL AGREEMENT NO. 01-01 BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF ALBERTVILLE TO FURNISH AND INSTALL A TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF CSAH 19 AND THE OUTLET MALL ACCESS ROAD IN THE CITY OF ALBERTVILLE February 9, 2001 F:\data\HWY\SIGNALS\CSAH 19 & Outlet Mali Signal Agreement.wpd COOPERATIVE AGREEMENT • THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, hereinafter referred to as the "County", and the City of Albertville, hereinafter referred to as the "City", WITNESSETH. WHEREAS, the City of Albertville, in conjunction with Wright County Department of Highways have determined that there is justification and it is in the public's best interest to install traffic control signals at the junction of CSAH 19 and the Outlet Mall Access Road in the City of Albertville. AND WHEREAS, the County, and the City will share the maintenance and operation costs of the new traffic control signals as hereinafter set forth; AND WHEREAS, the City is initiating the project and will be responsible for administrating the project, which includes, engineering design work, plans, specifications, and proposal. Such work as described above will constitute "Engineering" and be so referred hereinafter. The City will also perform the construction engineering and inspection required to complete the items of work hereinafter set forth. Such work as described above will constitute "Inspection" and be so referred to hereinafter. AND WHEREAS, the City and the County agree to the installation of an Emergency Vehicle Pre-emption System, hereinafter referred to as the "EVP System", as a part of the new traffic control signal installation at the CSAH 19 & the Outlet Mall Access Road intersection. AND WHEREAS, the County and the City will share the cost, maintenance, and operation of the new traffic control signal system with street lights, EVP System and signing, as hereinafter set forth; NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Article 1 The contract cost of the work and/or, if the work or portions of work are not contracted, the cost of all labor, materials, and equipment rental required to complete the work, including the cost of providing the power supply to the service poles or pads, shall constitute the actual ° "Construction Cost" and be so referred hereinafter. Article 2 The County and the City shall share the costs for this project as follows: CONSTRUCTION COSTS ENGINEERING COSTS & INSPECTION COSTS County - 0 % of total cost County - 0 % of total cost City - 100% of total cost City - 100% of total cost The above breakdown is in accordance with item no. 6 of cooperative agreement No. 99-04 between the City of Albertville & Wright County and will apply when improvements to the signal system and on CSAH 19 (removal of median for southbound left -turn lane) are necessary in the future due to isdevelopment on the east side of CSAH 19 at this intersection. February 9, 2001 F:\data\HWY\SIGNALS\CSAH 19 & Outlet Mall Signal Agreement.wpd - 2 - Article 3 • The City shall keep records and accounts that enable it to provide the County with the following information. 1. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued certified by an appropriate City official that final contract payment has been made. 2. Copies of all construction contract change orders, work orders, and supplemental agreements. 3. A certification form signed by the City's Engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and completion of all contract construction in accordance with County State Aid approved City plans, specifications and/or special provisions b. Acceptance and approval of all materials furnished for the construction covered under this Agreement relative to compliance of those materials to the State's current MnDOT "Standard Specifications for Construction". 4. A copy of the "as -built" plan sent to the County Engineer. The City Engineer shall provide to the County Engineer a blue line as built plan of the improvements within three (3) months of the final completion of the project. Article 4 The City shall be responsible for providing the necessary electrical energy for the operation of the traffic control signals, and any electrical energy for street lights. In addition, the City shall be responsible for at its cost and expense to (1) relamp the traffic control signals; and (2) clean and paint the traffic control signals and cabinets; (3) provide, at its costs and expense, the maintenance on luminaries; and (4) maintain and operate the EVP System. (Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03.) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP System, at the City's expense. 0 February 9, 2001 F:\data\HWY\SIGNALS\CSAH 19 & Outlet Mall Signal Agreement.wpd - 3 - • Article 5 Upon completion of the project; it shall be the County's responsibility at its cost and expense to (1) maintain the signal controller, (2) determine the appropriate signal timing sequence, (3) provide phone service to the controller for remote servicing, (4) provide for replacement of poles, cabinet etc. if they should be damaged through vehicle collision etc. (major maintenance). Article 6 The City indemnifies, saves, and holds harmless the County and all of its agents and employees of any form against any and all claims, demands, actions, or causes of action whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City and further agrees to defend at its own sole cost and expense any action or proceeding related to the construction work provided for herein to be performed by the City. Notwithstanding the preceding sentence, the City does not agree to hold harmless or indemnify the County from any claims related to the operation and maintenance of the traffic control signal. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance by any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third •parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the City. • February 9, 2001 F:\data\HWY\SIGNALS\CSAH 19 & Outlet Mall Signal Agreement.wpd - 4 - • Article 7 Before this agreement shall become binding and effective it shall be approved by resolution of the City Council of Albertville and it shall also be approved by resolution of the County Board and such other officers as law may provide. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. COUNTY OF WRIGHT CITY OF ALBERTVILLE Recommended for Approval: Recommended for Approval: County Engineer Date City Engineer Date Approved: • Chairman, County Board County Coordinator County Attorney Date Approved: Mayor City Clerk City Attorney Date • February 9, 2001 F:\data\HWY\SIGNALS\CSAH 19 & Outlet Mail Signal Agreement.wpd - 5 - • 0 OJNTY d� i z 4L W O 79 dy 7B!3t$ February 6, 2001 Linda Goeb Albertville City Administrator 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 GERALD E. KRITZECK, SAMA Wright County Assessor Wright County Government Center 10 2nd Street NW, Room 240 Buffalo, MN 55313-1183 Phone: (763) 682-7367 / (763) 682-7368 / 1-800-367-3667 FAX: (763) 682-6178 RE: 2001 Local Board of Review Dear Ms. Goeb: The 2001 City of Albertville Board of Review has been tentatively set for Thursday, May 10, 2001 at 7:00 p.m. If this date will not work for you please let me know before February 15, 2001. If your supervisors would be interested in changing the board of review to a daytime meeting, please let me know. Currently, almost half of the townships in Wright County hold their boards starting at either 9:00 a.m. or 1:00 p.m. If this is not practical and you are interested in beginning the board meeting earlier or later than your tentatively scheduled time, please contact me. Due to the length of some of the boards it may be worthwhile to consider a starting time of 7:00 p.m., 6:30 p.m. or earlier. If you have any questions, please feel free to contact me. Sincerely, Gerald E. Kritzeck Wright County Assessor GEK/rmt 3 5975 Albertville, MN 55301 (612) 497-3384 NOW" Alm Fax: (612) 497-3210 APPLICRTION FOR NOR-IIMXICASING HhL? LIQUOR LICENSE The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant: ALR"_1V'rCL-C 1-t% • 2. Name and Address of President and Secretary of Applicant: M15;54 Z197- $DYL 3. Purpose for which fundj�s' derived will be used: // a Av? sc. Pt_: iilwl 4. Date of activity: Afac 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: 57 • ALAeAzS A,?+'�►� ��+ � c 6. Hours of operation: _00 vy, 4, 3L> n •� 7. Number of previous license obtained this calendar year: --�� S. Name, address, telephone number and position held with Club of person signing this application: E'd�r F- A A7Urzc P i�S7135 3 - Date: 9)4 Zbl Signatur of A icant(s • CITY OF ALBERTVILLE M .MORANDUM TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: February 169 2001 SUBJECT: Wastewater Treatment Facility Report I replaced Aerator #16 with a spare, the aerator was rebuilt. The Main Lift Station control panel was repaired, the control relay burned out. I changed the oil in both pumps at the Main Lift Station. There was a water leak at 11711 54m Street. — Meiney's repaired the service line. I contacted. Infra -Tech to clean and televise the sewer line where the sewer backup occurred on Karston Avenue on January I'. They found that the sewer line was not very • dirty. There was no problem with the sewer line or the service line connection. I'm confident that the string left in the line was the only cause of the backup. SW Lift Station is completed and running. It is being checked on a regular basis. Continuing to do daily, weekly, and monthly duties: locates, meter reading, daily rounds, adding bacto doe for grease at Sunrise Lift Station, pond reading and observations, testing alarm system, testing standby generator, equipment maintenance. JM:bmm 0 • CITY OF ALBERTVILLE ME ORANDU TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: February 15, 2001 SUBJECT: Sanitary Sewer Update The City of Albertville currently has 102,212 feet of Sanitary Sewer. We are proposing 16,930 feet of new sewer main this summer. At .75 a foot to clean it will cost us $12,698 to clean. We are putting more in per year than we have budgeted to clean. The budget for collection system maintenance is $7,500 in 2001. There was a carryover of $4,690 from 2000 for a total of $12,190. Last year I contacted one of the larger sewer cleaning contractors. They estimated it would cost $0.75 per foot for cleaning. They said the reason for the high cost is because of Joint Powers rule of having to get Water from the pump house and having to haul it. The League of Minnesota Insurance says you must clean every three -years and clean trouble spots every year for Insurance coverage for sewer backups. The disad _ _vanta to owning a jetter are: 1. Added labor costs 2. Added storage needs The aivm, a es to owning a jetter are: 1. Quicker response times for main line backups 2. Ability to clean our own lines, have better knowledge of sewer system conditions and do a more thorough job. 3. Ability to flush out water valves for access. 4. Ability to haul water for streets and parks needs. JM:b= Bride's CAMy DocumemTublic Works Reportg\swimry Sewer Update 2-15-01.doc • CITY OF ALBERTVILLE MEMORANDUM ninn TO: Mayor and City Council FROM: John Middendorf Wastewater Department DATE: February 15, 2001 SUBJECT: High Velocity Sewer Cleaners Listed below are a number of high velocity sewer cleaners that are on the market today. ENVIRONMENTAL EoUIPMENT 1975 Int. Truck trade-in from City of Andover (John) 1991 Sherco Jetter 500 hr. — meyers pump — 65 gpm — 2,000 psi Ford Ind— 6 cylinder —1,000 gal tank— 5001" hose $15,750 FLEXIBLE PIPE AND TOOL 1977 Chev Truck Very good shape for year 1977 Sherco Jetter Weekly pump 70 gpm 1600 psi • Ford Ind — 6 cylinder 1" hose $12,500 1990 Ford Truck PTO driven Sherco Jetter — Meyer pump mid $40,000 1982 Chev Truck trade-in from City of Minneapolis 1982 Meyer pump high miles and hours $12,500 1982 Chev Trick trade-in from City of Buffalo 1976 Meyer pump in poor condition $ 7,500 Trailer mount Sherco 1987 Sherco Jetter 2000 hr — 40 gpm — 2000 psi $ 9,950 Trailer mount Sherco 1989 Sherco 750 hr — 45 gpm — 2,500 psi — 500 gal tank $12,500 •1977 Int. Truck trade-in from City of St. Peter 1979 Meyers pump 2,560 hr —1,000 gal tank — 65 gpm $7,750 JM:bmm • • 0 FYI CITY OF ALBERTWLLE ,MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: January 24, 2001 SUBJECT: Public Works/Parks Maintenance Equipment List Here is an inventory list of equipment in the City of Albertville's Maintenance Department as of January 22, 2001. I have listed the equipment in the departments that they are intended for. We do share equipment between departments. STREETS 2000 Case 621C Wheel Loader 12' — 2 way snowplow 10' — wing Dirt bucket 1997 863 Bobcat — Skid Steer Loader Dirt bucket Snow bucket 60' - snow blower 60' - 2 way sweeper Pallet forks Grading bar 785.5 hours currently New engine installed - under warranty at 578 hours 1989 Chevy 3500 4-wheel drive pickup - 65,658 actual miles (1-22-01) 8' — 2 way snow plow 12-20-95 — new transmission 12-21-96 — 51,955 miles new engine 1979 Ford L 8,000 Single Azle Dump Truck - 62,950 actual miles (1-22-01) 11' — 2 way snow plow 10, — wing Sander • • • PW — PR Equipment Inventory January 24, 2001 Page 2 of 3 1979 International S-1800 Single Axle Dump Truck - 235,848 actual miles (1-22-01) Purchased from the City of Rockford in the Fall of 1999. 11' — 2 way snow plow 9' — wing Sander 4-26-95 at 230,219 miles a new engine was installed. 10-98 a new clutch was installed. 2-99 the rear -end was replaced with a used one. Stew 1 Ton Gas Power Roller Used for compacting soils. Could be used for street patching. 1987 John Deere 855 Utility Tractor Cab with heater 4T' snowblower 72" mowing deck 3 point hitch 4' box scraper 5' — 2 way back blade 36' Ryan core aerator Post hole auger 2170 hours (currently) Scharber and Sons rebuilt engine on 4-28-98 at 1700 hours. installed in the snow blower in January 2001 at 2166 hours. New gearbox and augers were Would like to replace this tractor with new one complete with new snowblower, mowing deck and possible a 2 way sweeper, cab and heater. Keeping the remainder of the attachments to use on the new tractor. The cost of replacement is estimated at $25,000. The 1997 John Deere is worth about $6,000 - $8,000. PARKS 1998 Chewy 1 Ton Dump Truck - 12,436 actual miles (1-22-01) 9'2" — 4 way snow plow Tail gate sander 1999 Toro Grounds Master 325 D 4-Wheel Drive - 274 hours 72" mowing deck 1976 Toro Grounds Master - 34% hours 72" mowing deck (not being used) 5'— 1 way broom This unit is used for sweeping the ice rinks, sidewalks and pathways. 1998 5 hp Vaccum Trailer Used either with the John Deere or Toro for Spring and Fall cleanup. PW — PR Equipment Inventory January 24, 2001 Page 3 of 3 Stibl F.S. 66 Model Weed Trimmer Snapper 2111 SST model weed trimmer Stibl 019T Chain Saw Jonsec cd 370 chain saw WATER — WASTEWATER 2000 GMC 2500 4-Wheel Drive Pickup - 8,401 actual miles (1-22-01) 8'2" — 4 way snow plow 2,000 lb. Elc lift more crane 2000 14' John Boat and Trailer 5 HP Honda generator Home light gas powered blower Trailer mounted diesel powered 4" hydraulic pump Used for pumping lift stations and other water transferring. • Ariens 8 HP 24" Snowblower Used for the sidewalk at the WWTF 11MSCELLANEOUS EQUIPMENT NOT BEING USED Cub Cadet 4816F Commercial Walk Behind Mower, 134 hours, 16 HP engine 48' deck. This mower was purchased for PSG to mow the ponds with. It doesn't work well for us. I would like to sell it or trade it in. 6' Flail Mower — do not have a tractor it will work on. 5' Brush Hog Mower — do not have a tractor it will work on. 12' V Hui Boat — has 2 holes in boat — 7.5 HP EvenRud out board motor - motor seized — does not run. I do have detailed maintenance records of this equipment since 1998. If somebody would like to see them they can contact me. TG:bmm L�] NORTHWEST ASSOCIATED CONSULTANTS, INC. • 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac(lonrinternet.com PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Request Albertville City Council Cindy Sherman February 16, 2001 Albertville — Park View Place 2"d Addn. PUD amendment 163.06 — 00.35 Christian Builders, Inc. have submitted an application to amend the PUD for the Park View Place 2"d Addition. The request is being made to allow porches as an option on some of the units, which affects the setbacks as originally approved. The request is to allow porches to be built within the platted lots of Blocks 3, 4, 51 and 6. Porches will be either 10 x 14 or 12 x 12, depending on the space available within each unit lot. The setbacks along the rear of the units will be maintained at 20' or more. The common space is at least 20' wide along the rear yards of the base lots and there is wetland open space surrounding the entire plat. The provisions of a PUD allow flexibility in interior setbacks. Since this plat is part of a larger development all of the setbacks are considered interior and therefore can be varied from the standard. In order to allow porches on some of the units where the buildings have not been constructed yet, the buildings may be constructed closer to the road but in no case shall the garage front be closer then 30' to the right-of-way line. Not all of the lots in the subdivision can accommodate porches. Porches are proposed as follows: Block 1: No porches Block 2: No porches Block 3: Porches allowed within lot areas where common space boundary is at least 20'. Block 4: Porches allowed within lot areas where common space boundary is at least 20'. Block 5: Porches allowed within lot areas where common space boundary is at least 20'. Block 6: Porches allowed within lot areas where common space boundary is at least 20'. The attached plan identifies the minimum setbacks allowed on the front and rear of the buildings. All construction will take place within the platted lot created for each unit. Recommendation The Planning Commission held a public hearing and reviewed this request at their February 13 meeting and they recommend approval of the PUD amendment subject to the following conditions: 1. A modified plan shall be submitted that reflects the building footprint on each block as it is constructed. • 2. An amendment to the PUD/CUP agreement be drafted by the City Attorney for approval by the City and Applicant. � 0 • 1 �I� � IL W.57 — M� ��uaK uMna�t� aw✓ �---t :# V 1 rsw 4 .awt .tao tj w�w.er. .u1 nu 14478 i :.:... +tL�r -"Wo.._ N Mw Alm I Lim l— 1 I L'i i 9 CITY OF ALBERTVILLE 2-20-00 City Council Findings of Fact & Decision PUD Amendment Applicant's Name: Christian Builders, Inc. Request: Christian Builders, Inc. has submitted a PUD amendment application to allow 4-season porches to be constructed on units located in the Park View Place 2"d Addition. The request is to allow zero setbacks within the base lot area of Lots 3, 4, 5, and 6 where a minimum common space of 20' exists on rear yards and 30' on front yards. Planning Commission Public Hearing Date: February 13, 2001 City Council Meeting Date: February 20, 2001 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A • B. The Planning Commission considered the application and recommends approval. C. The requirements of Sections 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. D. The City Council finds the PUD amendment consistent with the original intent of the PUD. E. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. Decision: Based on the foregoing information 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: 1. A modified plan shall be submitted that reflects the building footprint on each block as it is constructed. 2. An amendment to the PUD/CUP agreement be drafted by the City Attorney for approval by the City and Applicant. • 1 Park View Place Amended PUD CC Findings of Fact & Decision 0 Adopted by the Albertville City Council this 20th day of February 2001. Attest: M is Linda Goeb, City Administrator City of Albertville By: John A. Olson, Mayor 2 Park View Place Amended PUD CC Findings of Fact &Decision 0 • EXHIBIT A INSERT LEGAL 3 Park View Place Amended PUD CC Findings of Fact & Decision S 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 32,6 j AoEH architecture engineering environment 2001 OUTLET MALL TRAFFIC SIGNAL IMPROVEMENTS 02/14/01 ALBERTVILLE, MN SEH NO. A-ALBEV 0106 OPINION OF PROBABLE COST ITEM UNIT OF APPROXIMATE NO. ITEM DESCRIPTION MEASUREMENT QUANTITY UNIT PRICE AMOUNT 1 Mobilization LS 1.00 $5,000.00 $5,000.00 2 PA85 Pole Foundation EA 1.00 $1,000.00 $1,000.00 3 PA90 Pole Foundation EA 3.00 $1,200.00 $3,600.00 4 Type PA85-A (Pole Only) EA 1.00 $5,000.00 $6,000.00 5 Type PA90-A-40-D40-9 EA 3.00 $8,500.00 $25,500.00 6 3 Section Overhead Signals EA 4.00 $500.00 $2,000.00 7 5 Section Overhead Signals EA 1.00 $750.00 $750.00 8 LED Red and Don't Walk Indications EA 13.00 - $125.00 $1,625.00 9 LED Yellow Indications EA 11.00 $200.00 $2,200.00 10 LED Green and Walk Indications EA 15.00 $300.00 $4,500.00 • 11 Type 10A EA 2.00 $1,000.00 $2,000.00 12 Type 10B EA 1.00 $1,000.00 $1,000.00 13 Type 10B (5-Section) EA 1.00 $1,250.00 $1,250.00 14 Type 30A EA 1.00 $350.00 $350.00 15 250 Watt H.P.S. Luminaire EA 2.00 $300.00 $600.00 16 Pedestrian Push Button and Sign EA 4.00 $100.00 $400.00 17 PVC Handhole (metal cover) EA 6.00 $600.00 $3,600.00 18 install Controller and Cabinet EA 1.00 $1,500.00 $1,500.00 19 Service Cabinet EA 1.00 $2,000.00 $2,000.00 20 Equipment Pad Foundation EA 1.00 $1,500.00 $1,500.00 21 Emergency Vehicle Pre-emption System EA 1.00 $4,000.00 $4,000.00 22 6 x 6 Loop Detectors (Sawcut) EA 4.00 $400.00 $1,600.00 23 Two 6 x 6 Loop Detectors (Sawcut) EA 4.00 $600.00 $2,400.00 24 2" Non Metallic Conduit LF 610.00 $3.00 $1,830.00 25 2" Rigid Steel Conduit LF 120.00 $6.00 $720.00 26 3" Rigid Steel Conduit LF 54.00 $10.00 $540.00 • 27 4" Rigid Steel Conduit LF 148.00 $15.00 $2,220.00 28 12/c #12 Cable LF 1600.00 $2.00 $3,200.00 S 1' Offices located throuihout the Upper Midwest Equal Opportunilyjq Ayer We help you plan, design, and adiieve. • 02/14/01 2001 OUTLET MALL TRAFFIC SIGNAL IMPROVEMENTS ALBERWLLE, MN SEH NO. A•ALBEV 0106 OPINION OF PROBABLE COST UNIT OF APPROXIMATE ereu n�CCMEASUREMENT ASUREMENT QUANTITY UNIT PRICE AMOUNT 17EM • ■ 29 3/c #12 Cable 30 21c #14 Cable 31 1/c#6 Cable 32 1 /c #2 Cable 33 Painting 34 Traffic Control 35 Salvage Street Light and Pole 36 Signing 37 Striping 38 Concrete Median LF 1800.00 $0.75 $1,350.00 LF 1500.00 $0.50 $750.00 10.00 $1.00 $10.00 LF LF 70.00 $1.25 $87.50 1.00 $1,000.00 $1,000.00 LS 1.00 $1 ,000.00 $1,000.00 LS 0.00 $500.00 $0.00 EA 1.00 $2,500.00 $2,500.00 LS 1.00 $7,000.00 $7,000.00 LS 303.00 $6.50 $� 50 SF SUBTOTAL $97,652.00 Contingency $18,000.00 Engineering $15,000_00 CONSTRUCTION $130,552.00 Materials (Controller & Cabinet) _$22,000.0_0 City Furnished GRAND TOTAL $152,562.00 2/14/01 W:\ALBEV\0106\SPECS\estimate.xls 2 NLJ 4% m m � O W n 0 to m ® tV O O. N a a E-s J ZaP-11 1N3 llYN 1 ' `°� Q Z a a. co a H YOUd3unifdlj = Q ee —�' Q, IF � Y. Z V N WC) a m O _! 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N W N rn v O t0 Ir i- O Z > m = m Q v m 40- MZo 1- M-N 0 CL Q=Z Z 4 W CL V) Z Z N X F JN W W m I-Z= >> 7 Qr- 0 O JO W m W Q N VI z zW W Q a O W Q J 1- tw z O O VI W : VI Rl r El I x x 0 W Z W J - 1 000 • Ow to Y W W W Z VW-C U Z W >42 RoZ W- m } Y Y s Vf 0 0 m U 0 W Vl O 25 a a a v W Z J O V) 0 W O CL m a O 0 J J LL LL U U LL LL ¢ ¢ H N h Z ui � � J -IVNO I S .� > Q a�- w— ad3Hd T o W a TLa LJ.I 0 Q Q Z N —1N Ln LIJ W Z c� (N N Z Z W w z Q Q a z z w i 20 WW D O W QO z w CL J m u Ox Dr ~ 0 z Z O 00 zm m ? �- V1 i :3_ �� W CL W Z mW O x > Z 7J W z a_ tD i W = ^ 3 7 <t N .., W m V1. tD Q J Q I W W- O z LLI F- m1 t >'A I W U Z O U W Q J J_0 N � W W Z mz N r = b �gg O WJ y�O�Ji ¢y� QF�CN� W W � C � SrW'~ �YHs W t N r ©Ie 10 M CO-LG-90 10/90/zO E DEVELOPER'SIPLANNED UNIT DEVELOPMENT AGREEMENT Dolphin Real Estate Addition THIS AGREEMENT, entered into this day of , 2001 by and between DOLPHIN REAL ESTATE MANAGEMENT, LLC, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City" all of which are collectively referred to herein as "the Parties"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Dolphin Real Estate Addition". The real property described in Exhibit A shall hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Dolphin Real Estate Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City further requires that certain on and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of is boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, 1 parking lot, drainage swales, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; and WHEREAS, the City has previously entered into a Developer's Agreement titled "Developer'sTlanned Unit Development Agreement Outlets at Albertville" an agreement entered into on the 4th day of May, 1999 by and between Albertville Factory Outlets, LLC, a Michigan Limited Liability Company and the City of Albertville and may sometimes hereinafter be referred to as the ("Master Agreement") which governs certain aspects of the Subject Property; and WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Dolphin Real Estate Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Master Agreement. A. That certain Developer's Agreement entitled "Developer's\Planned Unit Development Agreement Outlets at Albertville" ("Master Agreement") between Albertville Factory Outlets, LLC, a Michigan Limited Liability Company and the City of Albertville, dated May 4, 1999 remains applicable to the Subject Property to the extent set out in the Master Agreement. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master Agreement as to the specific development issues related to Dolphin Real Estate Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Dolphin Real Estate Addition. In the event of a conflict between the terms of the Master Agreement which governs the subject property and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Dolphin Real Estate Addition, but any 2 such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Construction of On and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, yard top soil, sod and seed in all lots, grading control per lot, bituminous or concrete driveways, storm water ponding, municipal water, sanitary sewers, storm sewers, drainage swales, private streets, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance including those items shown on the Utility Plan (attached hereto as Exhibit B), Grading Plan (attached hereto as Exhibit Q. All such improvements shall be constructed according to the plans and specifications dated August 16, 2000 as prepared by John Oliver & Associates, Inc., and according to the standards adopted by the City, along with all items required by the City Engineer and/or City Planner. Unless the City Engineer specifies a later date, said improvements shall be installed no later than October 31, 2001, with the exception of erosion control, which shall be installed immediately upon initial grading of Said Plat, and with the exception of the final layer of bituminous pavement on the parking lot, which may be placed no later than June 30, 2002. B. Developer shall install all landscaping and lighting for the Subject Plat according to the plans and specifications contained in the Landscape Plan (attached hereto as Exhibit D) and the Lighting Plan (attached hereto as Exhibit E) as prepared by RSP Architects, Inc., and according to the standards adopted by the City, along with all items required by the City Engineer and/or City Planner. Unless the City Engineer specifies a later date, said improvements shall be installed no later than October 31, 2001. C. All said Improvements shall be installed at Developer's expense. If the City determines that it is necessary to have the City Engineer or other inspector on site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs incurred by the City. D. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction said on- and off -site improvements prior to the issuance of a certificate of occupancy (temporary or permanent) by the City for a building located on Lot 1. 3 3. Use of Property. Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning or other amendment of the conditional use permit by the City Council: A. Said Plat has been approved as a planned unit development ("PUD"). The provisions of the City's B-3 zoning district (as amended from time to time) shall apply to the lots in Said Plat, except as modified by this Agreement and except that the uses on the lots in Said Plat shall be limited to the following unless otherwise agreed to by the City Council and Developer. B. Under the terms of this "PUD" the Developer is permitted to operate a Burger King convenience food and drive-in restaurant on Lot 1 of Said Plat, provided the following conditions are observed: 1. Said operation is to be constructed in substantially the same location, configuration, layout and substantially the same materials and colors as shown on the site and building plans as shown on the Site Plan and Site Dimension Plan, Floor Plan and Details, and Exterior Elevations (attached hereto as Exhibit G) and on file with the City Clerk. Developer agrees that it shall not construct any units other than said restaurant on the land in • Said Plat. 2. Developer shall be allowed to install and maintain signage related to the uses permitted on Said Plat. Signage for said operation is to be constructed in substantially the same location, configuration, height, size, layout and substantially the same materials and colors as shown on the signage, site and building plans as shown on the attached Exhibit F and on file with the City Clerk. Developer shall construct the pylon sign in a manner capable of accommodating a second logo sign atop the pylon, of the same size as Developer's original logo sign. In the event that the City Council approves signage of substantially similar size and height for the adjacent Outlot C, Developer shall then permit the owner of Outlot C to install such signage on Developer's pylon in a "side -by - side" fashion at the same height as Developer's sign, provided that the Owner of Oudot C pays for its own sign and makes satisfactory arrangements with Developer to reimburse Developer for: a. one half the cost of the initial pylon sign construction; b. the cost of resetting the Developer's sign atop the pylon (or replacing Developer's sign, if resetting the existing sign is not possible); and is C. one half of the future power and sign maintenance costs. 4 Nothing in this paragraph shall be deemed to infer that it is mandatory that the owner of Outlot C utilize the pylon sign erected by Developer, nor shall this Agreement be interpreted as authorization for the owner of Oudot C to erect a sign of similar size and height to that granted Developer herein. The entrance sign shall be setback 20 feet from the north property line. Developer agrees it shall not construct any other signs on the land in said plat other than as herein specified. 3. Developer shall include odor control scrubbers in the construction and operation of the building. 4. Developer shall establish an access (ingress/egress)/parking lot agreement and/or easement with Albertville Factory Outlets, LLC, the owners of the Outlet Mall, allowing Lot l of Said Plat to access over and across the private driveway to Wright County Highways 19 and 37. Said easement shall be approved by the City Attorney and recorded on the property records at the Wright County Recorder's Office. 5. Lot 1, Block 1 shall be landscaped in accordance with the attached landscape plan incorporated herein as Exhibit D. 6. Lot 1, Block 1 shall be lighted in accordance with the attached lighting plan incorporated herein as Exhibit E. 7. There shall be no exterior/outside storage on Said Plat. 8. The City reserves the right to periodically review said Conditional Use Permit and modify or amend these conditions as the City reasonably deems necessary to protect the public health, safety and welfare. 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $10,000. Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off --site improvements, erosion control, and other such measures), to reimburse itself 5 for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to pay special assessments not timely paid by Developer, or to otherwise fulfill the obligations of Developer under this Agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of creditor other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6 • 5. Surety Release. A. The Developer may request of the City a reduction or release of any surety as follows: 1. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 2. When all or a portion of the on- and off site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed. 3. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. G. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty(30) days of billing. 6. Abandonment of Proiect - Costs and Expenses. In the event Developer should . abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as • all reasonable engineering expenses incurred by the City in approving and inspecting 7 said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit C, and as required by City ordinance. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub -base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or . repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have ten (10) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council, provided, however, that Developer shall immediately clean up or repair any public property damage deemed by the City Engineer to be an imminent safety hazard or an imminent cause of pollution or water quality degradation. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be taken from the Tax Increment otherwise due the Developer and/or specially assessed against any or all lots within Said Plat. • 10. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 8 • 11. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent Jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties during construction of improvements on Said Plat. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers . shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of . Minnesota. 9 • H. Developer shall comply with all water and wetland related restrictions, if any, required by the City of Albertville and/or any applicable provisions of State and Federal law. I. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. J. If required by the City Fire Chief, the owner of any lot in Said Plat on which a building is proposed to be constructed shall provide the City Fire Chief with a detailed analysis of the proposed building's compliance with the fire code then in force in the City, or, at the election of the City Fire Chief, said owner shall pay the reasonable cost of such an analysis if performed by or for the • City. K. Developer shall guarantee that all new plantings as required by Exhibit D shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. L. Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. 12. Dedications to the City. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay $7,385 per acre. Said Plat consists of 1.16 acres. Therefore, Developer shall pay the City a cash payment totaling $8,566.60. 13. Indemnity. Developer shall hold the City and its officers, employees and agents harmless from claims made by Developer and Third Parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers, employees and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, • including attorney's fees. Third parties shall have no recourse against the City under this contract. 10 • 14. Wastewater Treatment Plant Expansion. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Until such time as said expansion is completed, 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. 15. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 16. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successor and assigns of the parties hereto. 17. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement • due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. is B. Notwithstanding the 30-day notice period provided for in paragraph 19(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. 11 • C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or occupancy permits until said breach is remedied. 18. Phased Development. If the plat is a phase of a. multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve fifture Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect, at the time such future Development phases are approved by the City. 19. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 20. Professional Fees. The Developer will pay all reasonable professional fees incurred • by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. • 21. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 22. Inteeration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 23. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: 12 City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Dolphin Real Estate Management, LLC 258 Hennepin Avenue Minneapolis, MN 55401 Telephone (612) 338-7581 Fax (612) 371-7488 With Copy to: Bill Dorn, Esq. Dorn Law Firm 9380 Central Avenue N.E. Blaine, MN 55434 Telephone: (763) 783-7000 24. Agreement Effect. This Agreement shall be binding upon and extend to the • representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, • John Olson Its Mayor By Linda Goeb Its Clerk DOLPHIN REAL ESTATE MANAGEMENT, LLC :A 13 Thomas P. Dolphin Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2000, by John Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2000, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2000, by as Dolphin Real Estate Partnership, LLP DRAFTED BY: Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763 497-1930 Notary Public day of of 14 0 EXHIBIT A The legal description of the property which is the subject of this Developer's Agreement is as follows: Lot 1, Block 1 Dolphin Real Estate Addition, according to the plat of record on file in the Wright County Recorder's Office, Wright County, Minnesota. • 15 EXHIBIT B Utility Plan Exhibit C Grading, Drainage and Erosion Control Plan Exhibit D Landscape Plan Exhibit E Lighting Plan Exhibit F Signage Plans Exhibit G Site Plan Site Dimension Plan Floor Plan and Details Exterior Elevations AWWMW RM&%"w*.0 16 • • • • 0 _ a LOT 1. 13LOOC i R tw W \C101 m NEAT ESTATE PARTNERSH P UTILITY PLAN ism 006W a Aar Erna. Pf... f..,.. m— /Nwwx.f. .lfflf JNu-am (01AV -sift n.a Aff/ m fwwwlflr. YdvMY ifLf !f /fjff/-JfN (/f11HhJI�1 nwanf MlE: 1: •6i00 V0. ow OESCWMN cKc.Eo a, N M. SIM� I,<.. y si/sieo fp ./. FIC V_Rl?_2-2/- - /• r! • I r lilt Aj G t D u s m g.��• �� � � ��i L—r�s—•� 7 � ! � � � � t x Y f \ 31 DOLPHIN REAL ESTATE ADDITION JoM O#W 6 A�aoai�ya loo , �« `�"• "« vn .+w•++• ccs w m. rc. an ri lrY+•. Ywrwa pJsi.1rn r rn• Crt.•(e—if �—e--.. DOL N AM [sTATC PARTNUMV or wORAINAGE I .rm 4w.NtNol-"" � 'r._• {A�w n.teo -reraw a i. pw_ V1GAN M w 1 qj N0. 7U)f0-03 r»» K r r r r r K» r g g.» r r r e r r- E Y tr TE r r M r r C£ E k r K r r K r r r r r r r r Lo K K L r r rLo C r r r- i Lr r E Lr r r r r r r s s x Y a S C Lr ! K r r r r r . x _ r r s r. Lr r ir 13 N NN.IM.N � �Tiil��r BMMM KM FEWAURAW ""�" � BURGER KING BK 2500 w/May►and :. CORPORATION Albs►rtviii.�. MN � � - ' I-M a �m ul • • aci icrlo lrwulanrr ®-----�--- BURGE D euR KING 1 13K S4 W/F44Lyl.�,a I :. CORPORATION N /Iwd�L/Y1/C1� w.Mw • RACEWAY SIGNS/ AWNING SIGNS 2 BDRQER KING RACEWAY SIGNS TOTAL 60 SQ. FT. ENTRANCE SIGN 4 FOOT ROUND SIGN 12 SQ. FT. 4 % 8 READERBOARD 32 SQ. FT. OVERALL HEIGHT OF SIGN 11 FEET • • *a•o a - GROUND SIGN 12 FOOT ROUND SIGN 108 SQ. FT. OVERALL HEIGHT OF SIGN 35 FEET • WALL SIGNS / BUILDING ENTRANCE SIGN - REQUIRED BY BURGER RING 2 S FOOT ROUND SIGNS TOTAL 38 SQ.FT. 1 airs PLAN- a.� F . sr+ ".. 0 0 sr�� '���--�~- * BURGER KING elc taa w�Piayland I CORPORATION • • • 5 A L 4 SWOM KNO i Aib�rrtviR101oW, W�AJ I® =BURGER KING SK 04 w/PlaTONMN -. CORPORA'S • REAL ESTATE ADDITION Jahn Orhrrr i ApoWita� Iia \DOLP" d LOT L BLOCK 1 W \ 0GU%W ItM LSTAU PARTIMM" » r—% Soft aM sow SITE DRAENSK>wJ PLAN nit a.-,«. ivhzmf -,.., "�'� OIUYIM 3>•cL 1 r.• eT w ;sae• c-ecaco ,>� nw a•c '+.;>srt[ avers b 1EMT 'ItleeE c(Sc,l nm 7 im D pp�1 �1.����� KM pT .NpM.-N.I....N..� .•.Iw�.p...�..�., BURGER KING, I ®K 04 w/Playland == .� _ _-- -•-• _ _ -- _ � .w _ I A c"Y"lQPnQ a TIP'1A1 T • • y eurlclM lcracs I�eTnuAowr BURGER KING SK 04 w/Playland I Alb��-tvlllCORPORATION ai aawror Nam„ 0 DEVELOPER'SIPLANNED UNIT DEVELOPMENT AGREEMENT Albertville Plaza THIS AGREEMENT, entered into this day of , 2001 by and between ALBERTVILLE PLAZA, LLC, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as . "City" all of which are collectively referred to herein as "the Parties"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Albertville Plaza.". The real property described in Exhibit A shall hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Albertville Plaza contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, storm water ponding, municipal water, sanitary sewers, storm sewers, drainage swales, street cleanup during project development, erosion control, and other site -related items; and 0 WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, yard top soil, sod and seed in all lots, grading control per lot, bituminous or concrete driveways, storm water ponding, municipal water, sanitary sewers, storm sewers, drainage swales, private streets, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance including those items shown on the Utility Plan (attached hereto as Exhibit B) and the Grading Plan (attached hereto as Exhibit Q. All such improvements shall be constructed according to the plans and specifications dated as prepared by Loucks Associates, and according to the standards adopted by the City, along with all items required by the City Engineer and/or City Planner. Unless the City Engineer specifies a later date, said improvements shall be installed no later than October 31, 2001, with the exception of erosion control, which shall be installed immediately upon initial grading of Said Plat, and with the exception of the final layer of bituminous pavement on the parking lot, which may be placed no later than June 30, 2002. B. All said Improvements shall be installed at Developer's expense. If the City determines that it is necessary to have the City Engineer or other inspector on site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs incurred by the City. C. Notwithstanding the requirements of subparagraph IA above, prior to the issuance of a certificate of occupancy for a building on any given lot in Said Plat, Developer shall have installed to the City's satisfaction said on- and off - site improvements on the lot. 2. Use of Property. Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning or other amendment of the planned unit development by the City Council 2 A. Said Plat has been approved as a planned unit development ("PUD"). The provisions of the City's B-3 zoning district (as amended from time to time) shall apply to the lots in Said Plat, except as modified by this Agreement and except that the uses on the lots in Said Plat shall be limited to the following unless otherwise agreed to by the City Council and Developer: i. Lot 1: Multi -tenant retail, office and coffee shop. ii. Lot 2 and Outlot A: Professional office, bank, hotel/motel, daycare, retail sales, restaurant, and auto service. iii. Lot 3: Restaurant. . All such uses must receive site plan approval from the City Council prior to the issuance of building permits. B. The Developer may erect no more than 2 pylon signs to a height no greater than 1033 feet above sea level (as measured from the benchmark elevation of 979.219 at bridge disc on bridge at east Interstate 94 and Wright County Highway No. 19) or 75 feet, whichever is less. The total square footage of both pylon signs added together must not exceed 400 square feet. The Developer may allocate the 400 square feet of sign area between the two signs as the Developer sees fit. The pylon signs shall contain signage related to the particular business uses located on Said Plat. The pylon signs may only be installed upon lots 1 and 3, Block 1 of Said Plat. C. Developer may erect one monument (ground) sign per lot, provided said monument signs are no higher than 10 feet in height and provided the sign face (excluding the sign base) is no larger than 40 square feet in area per sign. Developer may install building signage in accordance with the signage allowed in the B-3 zoning district, but may not place such signs on the rear of buildings facing residentially zoned areas. The monument signs shall contain signage related to the particular business uses located on the lot on which the sign is located. D. At the time of the replatting of Outlot A into a numbered lot, the Developer shall make available to the property owner bordering Outlot A on the south ("Adjacent Property," the legal description of said Adjacent Property is attached as Exhibit D) a reciprocal access easement extending from the public street located between Outlot A and Lot 3 south to the southerly border of Said Plat according to the following terms: i. The access easement shall be of the same width as the private street easements between lots on Said Plat. 3 ii. In the event the Developer uses the access easement area to access any portion of the property now known as Outlot A, and in the event the Adjacent Property actually connects to said easement, the access easement may require the owner of the Adjacent Property to pay a reasonable proportion of the cost of the construction any portion of the private street or access built by Developer over said easement, said reasonable proportion to be determined by the City Council at the time of platting of the Adjacent Property, with the owner of the Adjacent Property paying 100% of the cost of construction of any private street or access not already constructed by Developer over the easement access area and 100% of the cost of any restoration work necessary to assimilate said private street or access into the existing parking improvements of Developer. iii. In the event the Adjacent Property actually connects to said easement, the owner of the Adjacent Property shall be required to pay a proportion of the cost of maintenance of the private streets on Said Plat as determined by the City Council. iv. Prior to any use of the access easement by the Adjacent Property, Developer may require the owner of the Adjacent Property to provide a reciprocal easement to Developer for access purposes on any service road constructed on the Adjacent Property and which connects to the access easement. V. At the time of replatting of Outlot A, Developer shall provide the City with the location and configuration of the easement access, which must be acceptable to the City and is intended to act as a service road to connect to the Adjacent Property. Said easement shall be approved by the City Attorney as to form and content, and shall be recorded on the property records at the Wright County Recorder's Office. E. Developer shall establish an access and utility easement agreement providing for access to all lots over the private roadways shown on Exhibit E and providing for the maintenance of utilities and ponding consistent with the Utility Plan in areas described as "easement" on Exhibit E. Said easement shall be approved by the City Attorney and recorded on the property records at the Wright County Recorder's Office. F. Developer shall be permitted to construct a building on Lot 3, Block 1 for restaurant use in substantially the same location, configuration, size and materials as shown on the attached Exhibit F. In the event Developer constructs said building, Lot 3, Block 1 shall be landscaped in accordance with the attached Landscape Plan incorporated herein as Exhibit G and lighting is to be installed in 4 accordance with the Lighting Plan (attached hereto as Exhibit H). Signage on said Lot 3, Block 1 shall be substantially similar to that shown on the attached Exhibit L except that Developer may also install one of the pylon signs described in paragraph 2.B. above on Lot 3, Block 1. All improvements required to be installed under this paragraph shall be installed at Developer's expense. G. Developer shall be permitted to construct a building on Lot 1, Block 1 for the uses described in paragraph 2.A.i. in substantially the same location, configuration, size and materials as shown on the attached Exhibit J. In the event Developer constructs said building, Lot 1, Block 1 shall be landscaped in accordance with the attached Landscape Plan incorporated herein as Exhibit K and lighting is to be installed in accordance with the Lighting Plan (attached hereto as Exhibit L). Signage on said Lot 1, Block 1 shall be substantially similar to that shown on the attached Exhibit M, except that Developer may also install one of the pylon signs described in paragraph 2.B. above on Lot 1, Block 1. All improvements required to be installed under this paragraph shall be installed at Developer's expense. H. In the event the Developer operates a restaurant on any lots in Said Plat, the City may require Developer to install and operate odor control scrubbers with the restaurant uses. 3. Maintenance of Streets, Utilities and Ponding. A. The streets, curb, gutter, municipal water, sanitary sewer, storm sewer, and ponds in Said Plat shall remain private and the cost of maintenance of these items must be borne by the lots in Said Plat in accordance with the terms of the Maintenance Agreement attached as Exhibit N to this Agreement. B. The City shall have the right to enter upon all easement areas at any time for inspection and maintenance purposes. 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $10,000. Said letter of creditor surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site 5 improvements, erosion control, and other such measures), to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to pay special assessments not timely paid by Developer, or to otherwise fulfill the obligations of Developer under this Agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6 • 5. Surety Release. A. The Developer may request of the City a reduction or release of any surety as follows: 1. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. 2. When all or a portion of the on- and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed. 3. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. B. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the. City within thirty (30) days of billing. 6. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, 7 enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in approving and inspecting said improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit C, and as required by City ordinance. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub -base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have ten (10) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council, provided, however, that Developer shall immediately clean up or repair any public property damage deemed by the City Engineer to be an imminent safety hazard or an imminent cause of pollution or water quality degradation. In the event that Developer fails to so cleanup, repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be taken from the Tax Increment otherwise due the Developer and/or specially assessed against any or all lots within Said Plat. 10. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 11. Miscellaneous. 8 • A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties during construction of improvements on Said Plat. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. 9 H. Developer shall comply with all water and wetland related restrictions, if any, required by the City of Albertville and/or any applicable provisions of State and Federal law. I. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. J. If required by the City Fire Chief, the owner of any lot in Said Plat on which a building is proposed to be constructed shall provide the City Fire Chief with a detailed analysis of the proposed building's compliance with the fire code then in force in the City, or, at the election of the City Fire Chief, said owner shall pay the reasonable cost of such an analysis if performed by or for the City. K. Developer hall guarantee that all new plantings as re s guar p g required by Exhibits G, and K shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. L. Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. 12. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: 1. Developer shall dedicate drainage and utility easements to the City over, under and across all drainage ponds located in Said Plat as the same are identified on the attached Exhibit C. 3. Developer shall dedicate to the City all utility easements shown on Said Plat. 10 I B. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay $7,385 per acre for all lots developed as numbered lots. Said Plat consists of 5.42 acres of numbered lots. Therefore, Developer shall pay the City a cash payment totaling $40,027. At such time as Developer replats Outlot A into a numbered lot, the Developer shall pay the City park dedication amounts due under the applicable ordinance in effect at the time of such replatting. 13. Indemnity. Developer shall hold the City and its officers, employees and agents harmless from claims made by Developer and Third Parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers, employees and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 14. Wastewater Treatment Plant Expansion. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Until such time as said expansion is completed, 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. 15. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 16. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successor and assigns of the parties hereto. 17. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any 11 sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 19(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or occupancy permits until said breach is remedied. • 18. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 19. Limited Aporoval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. • 20. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. 12 • 21. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated 22. Integration Clause. Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 23. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville -- cJo City Clerk P.O. Box 9 Albertville, MN 55301 • Telephone: (612) 497-3384 Albertville Plaza, LLC Suite 104, 75 Viking Drive Little Canada, MN 55117 With a copy to: Ron Groth Groth Law Firm, Ltd. 222 South Ninth Street Suite 2960 Minneapolis, MN 55402-3369 24. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By John Olson Its Mayor • 13 By Linda Goeb Its Clerk ALBERTVILLE PLAZA, LLC By Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2001, by John Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2001, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2001, by Reginald A. Plowman, as Chief Manager of Albertville Plaza, LLC. Notary Public 14 r1 LJ • DRAFTED BY: - Coun and MacArthur Law Office P.O. Box 369 705 Cenral Avenue East St. Michael, MN 55376 763 497-1930 a 15 • EXHIBIT A The legal description of the property which is the subject of this Developer's Agreement is as follows: Lots 1, 2 and 3, Block 1 Outlot A Albertville Plaza, according to the plat of record on file in the Wright County Recorder's Office, Wright County, Minnesota. 16 rrY Mw, t W Y -�r a , , � iGiii, \w�rrr•tW• 4j rZ-w • • e j �y { 2:1 ' 'dill nN'�p ffflff l Ik 6I ! t till f 1 l' fill { y Exhibit D Adjacent Property Legal Description Exhibit E Private Easement Descriptions II�IIg1A 0 eiaml S b i r F ® N y I i I- ! n n;�� H i,�i,r t ttst:t 1 1-- �' M �r -r— all III K .. n z p b rn y H I 1 1! 1 2 i a. iiZ a o y M MrMr•rMMY���M�MMMMM��r�N�MMMWMrIWrrlYlwrlaeeJYi�yrRYe CULVER FRANCHISING SYSTEM, INC.ff eaao wrwww w MN12 PPROTOTYPE PLANS (Ek gill LE -_ 1 • • • • wnrrs rr,wwwr��•rrrrrw�rYgyrr,ra W rMl•1�wYlYrwry. MMM W 1MrMrM•M�MrrrlYMdti�rMrMU+rrMrr•rM 01•rfrY•�ArRlr. CULVER FRANCHISING SYSTEM, INC.91a NN120 PROTOTYPE PLANS �In O uave•vs„w � Snee,u 'O w ! . N o LL sk'F 0 I IQz . am ZZ!A „� 0. _ k O— •�„ sa!lwn slLbq+1 � � woarvalNsrwwarsuw u b M1O,(4VRNY„IXRROb"NOR 64 � �� �� � �---f awrrorar•nearo 4 He•n.baula j R nil tar,texeenee H tiM M1A5 4 be sa.Re sake T '— (S � 1lQURlHQYLR n 0" -----•---•----•---^..---....—..n.,.......�r,�w�lnwwlrwrwnlwwrwwRwrw!lwlww.rr.wwrw.w arwtin+wMr..r. t CULVER FRANCHISING SYSTEM, INC. N $ MN120 PROTOTYPE PLANS?�r..:.. w Rr eR.werw w • • • 9/ -TJ Q 9 'o .n .. 60 6y6,\sv .. 8ti Z`sa / \ o `i? � s Ln 009 41 \ m P.0) \ ! o otoC) n -j ' O ---------------- t/ _ �� g• co )f the NE 1/4 of ` •p. 120, Rge. 24 �@.eRYrG4a8a � b t ! - ��saasY A w� RFS`� it •giq.iasye55 tl � Z � � � � t/ — i L � � o mom i ® III , jlK U2 7 • • • Exhibit H Lot 3 Lighting Plan Exhibit I Lot 3 Signage Plan • MIA 10 jr,o --� mw.swwl..w rrq:wnnpr.wl[w,.l-.: w rx w s :: ts. nr: Z ,/ :Y3 . • Ell a ALBERTVUI PLAZA 1 Ww wMy IYI N 11� q.p..o w �e S ALlER1YILiL. MMRSOTA FLOOR PLAN � -Z -Yj , . I'll PLAZA AMMWU, MWHnWA EXTERIOR ELEVATIONS I O Hill ill if 1 !if if fit if m!wp fill I if I 11111111 I If .1111:1� it 1111 If fill I if Ull. it 111,1111 1,111 �FU 0 0 • 11t a s S SV -'No=o ,► `•, pIg U .—..—._—_.—'.1._ fill HOW • • • • • Exhibit K Lot 1 Landscape Plan Exhibit L Lot 1 Lighting Plan MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF ALBERTVILLE AND THE OWNERS OF LOTS WITHIN ALBERTVILLE PLAZA ADDITION FOR THE MAINTENANCE OF REAL PROPERTY LOCATED IN THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA CITY OF ALBERTVILLE MAINTENANCE AGREEMENT FOR LOTS IN ALBERTVILLE PLAZA ADDITION AGREEMENT, made this day of February, 2001, by and between the CITY OF ALBERTVILLE, a municipality of the State of Minnesota ("City") and ALBERTVILLE PLAZA, LLC, a Minnesota limited liability company and its successors and assigns as the term "Owner" is hereafter defined. 1. DEFINITIONS. The following terms, unless elsewhere defined specifically in this Agreement, shall have the meanings as set forth below: a. OWNER(S). Owner initially shall mean Albertville Plaza, LLC, a Minnesota limited liability company. It is acknowledged that Owner intends to sell the lots in the Plat. Each and all subsequent assignees of the Property or any portion thereof shall collectively be deemed to be an Owner for the purpose of this Agreement. If any portion of the Property becomes subject to a contract for deed, the contract for deed vendee shall deemed to be the Owner unless the contract for deed specifies otherwise and notice thereof is given to the City. In the event of an • assignment, transfer or conveyance of the ownership of any of the Property without retaining any beneficial interest other than under the terms of a mortgage or without simultaneously acquiring a new interest on such parcel by way of leasehold, life estate or other possessory interest, then the obligations hereunder will be deemed assigned, transferred and conveyed to such transferee, assignee, or grantee; the obligations will be deemed assumed by such transferee, assignee or grantee with the interest so acquired. Not withstanding the foregoing, any mortgagee who takes title to such parcel by foreclosure or deed in lieu of foreclosure shall be liable to perform the obligations burdening such Property pursuant to this Agreement. b. PLAT. Plat means the Plat of Albertville Plaza on file and of record in the office of the Wright County Recorder comprising of real property located in the City of Albertville, Wright County, Minnesota. Said Plat consists of Lots 1 through 3, Block 1, and Outlot A. If Outlot A is subsequently replatted into one or more lots, it shall include such replatted Outlot A. C. PROPERTY. Property means the real property within the Plat owned by the Owner. d. SANITARY SEWER. Sanitary sewer shall mean all sanitary sewer pipes and appurtenances constructed in the Plat but shall not include the stubs to the • individual lots within the Plat. It shall also include any subsequently installed sanitary sewer as part of any replatting of Outlot A but shall also exclude any • I* stubs to individual lots that are platted as part of Outlot A. The legal description for the easement area of the portion of the Plat for sanitary sewer is set forth on the attached Exhibit A. e. STREETS. Streets shall mean those roadways installed in the Plat as presently reflected on the Plat together with any additional roadway that may hereafter be constructed on Outlot A. The legal description for the area for streets is set forth on Exhibit B. f. STORM SEWER. Storm sewer shall mean all storm sewer pipes and appurtenances constructed in the Plat. It shall also include any subsequently installed storm sewer as part of any replatting of Outlot A. The legal description for the easement area of the portion of the Plat for storm sewer is set forth on the attached Exhibit C. g. STORM WATER PONDS. Those portions of the Plat which have been set aside as storm water ponds as legally described in the attached Exhibit D into which storm water drains. h. WATER MAIN. Water main shall mean the water pipes and appurtenances constructed in the Plat but shall not include the stubs to the individual lots within the Plat. It shall also include any subsequently installed water pipes as part of the replatting of Outlot A, but shall not include any stubs to individual lots that are platted as part of Outlot A.. 2. MAINTENANCE BY CITY. The City shall maintain, repair, and replace the sanitary sewer, storm sewer, streets, storm water ponds, and water main in the same manner and with the same degree of care as if they were owned by the City. Such maintenance shall include snow removal, street sweeping, and other maintenance and repair typically performed by the City. 3. MAINTENANCE COSTS. The City will periodically bill the Owner for its costs of performing the services under this Agreement. Such costs shall be reasonable and in proportion to the actual costs of the City performing such services. The total costs shall be allocated among the lots in the Plat in proportion to their square footage which is as follows: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Outlot A 25.56% 15.96% 15.88% 42.60% TOTAL 100% Such charges shall be invoiced to the Owner and shall be due and payable by the Owner within thirty (30) days after invoicing ("Due Date") by the City. Bills not paid by the Due Date shall incur the standard penalty and interest established by the City for utility bills within the City. If any such payment is not made, the City may certify to Wright County the amounts due and payable with real estate taxes in the next calendar year; the parties agree that such certifications may be made under Minnesota Statutes, Chapter 444 or Chapter 429 in a manner similar to certifications for unpaid utility bills. The Owner hereby waives any and all procedural and substantive objections to the imposition of such charges on the respective lots. Further, the Owner hereby waives any and all procedural and substantive objections to special assessments for the aforementioned reasonable costs, including, but not limited to, notice and hearing requirements, and any claims that the charges or special assessments exceed the benefits to the lot. The Owner waives any appeal rights otherwise available pursuant to Minnesota Statutes Chapter 429.081. 4. INDEMNIFICATION OF CITY. Owner shall indemnify, defend and hold the City, its council, agents, employees, attorneys, and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties, and attorney's fees, that the City incurs or suffers which arise out of, result from, or relate to the City's performance of its duties hereunder. 5. ADJOINING PROPERTY. As a condition of approving the Plat and entering into this Agreement, the City has required that the adjoining property legally described in the attached Exhibit A have the right to connect to the streets located in the Plat at the option of the • Owner of said adjoining property and the City. If such adjoining property utilizes the streets, then the City shall reallocate the costs of maintenance of the streets set forth in Paragraph 3 above to account for the use by the owners of the adjoining property. 6. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time after March 1, 2016 by giving the Owners one (1) year notice of such termination. The Owners shall have six (6) months from the time of such notice to form a legal entity in which all of the Owners have joined to carry on the maintenance obligations of this Agreement. Such entity and the terms of such maintenance obligation shall be subject to the approval of the City and appropriate documents shall be recorded with the Wright County Recorder to reflect such new agreement. If the Owners fail to take such action within six (6) months, the City shall form a legal entity for the Owners, which such entity shall be obligated to assume all maintenance, repair and replacement duties delineated in paragraph 2 above, and in such event, the Owners appoint the City as their attorney -in -fact for purposes of executing all necessary documentation to create said legal entity and obligate the Owners to reimburse said entity for all costs incurred by said entity in performing its duties under paragraph 2 above. In the event the City must form this entity, Owners agree to pay all costs, including all applicable attorney's fees, the City incurs related to the creation of said entity. The Owners shall have an interest in such entity and an obligation to pay maintenance costs in the same proportion as the percentages set forth in Paragraph 3. The City shall reallocate the percentage for Outlot A when it is replatted among the replatted lot(s). • 7. NOTICES. All notices given or required to be given if directed to the City shall be directed to: City of Albertville, c/o City Clerk, P. O. Box 9, Albertville, Minnesota 55301. • All notices to the Owners shall be to the address to which real estate tax statements are sent to each of the Owners. 8. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties pertaining to maintenance. This Agreement shall be governed by Minnesota law. It is the intention of the parties that this Agreement be recorded with the Wright County Recorder and that all Owners and subsequent Owners of the Property shall be bound by the terms and conditions of this Agreement. CITY OF ALBERTVILLE a Municipality of the State of Minnesota Liz and By_ STATE OF MINNESOTA ) John Olson Its Mayor Linda Goeb Its Clerk )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by John Olson, the Mayor and Linda Goeb, the Clerk of the City of Albertville, a municipality under the laws of the State of Minnesota, on behalf of the City of Albertville. Notary Public ALBERTVILLE PLAZA, LLC a Minnesota Limited Liability Company Uz 0 Reginald A. Plowman Its Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by Reginald A. Plowman, the Chief Manager of Albertville Plaza, LLC, a Minnesota limited liability company, on behalf of the limited liability company. • THIS INSTRUMENT WAS DRAFTED BY: Groth Law Firm, Ltd. 222 South Ninth Street Suite 2960 Minneapolis, MN 55402-3302 0 Notary Public