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2001-06-04 CC Packet
ALBERTVILLE CITY COUNCIL AGENDA June 4, 2001 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES (a) May 21, 2001, City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (b) Approve application for Exempt Permit to allow raffle for North Hennepin Community College Foundation at the Cedar Creek Golf Course on Monday, June 25, 2001 waiving the 30 day waiting period (c) Approve Off -Sale 3.2 Malt Beverage License for MDC Albertville LLC (d.b.a. Albertville Mobil) 5. DEPARTMENT BUSINESS a. Fire Department b. Public Works • Public Works Report C. Planning & Zoning (1) Ashley Home Stores • Final Plat • Developer's Agreement (2) Heritage Commons • Final Plat • Developer's Agreement d. Engineering (1) Industrial Road layout (2) Darkenwald Real Estate Ltd.- Materials relating to their commitment to developing Roden property e. Legal (1) Authorization to revise storm drainage and abandon existing storm sewer through Peterson property City Council Agenda June 4, 2001 Page 2 of 2 f. Administration (1) Notice of intent to terminate Inspection Contract — Diversified Inspection Service (2) Discuss relocating former Barthel house (3) Park Fees for Parkside Commercial Lot 2, Block 1 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL a May 21, 2001 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin, Scott Wallace, and John Vetsch, City Engineer Peter Carlson, City Planner Cindy Sherman, City Attorney Mike Couri, 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 6f(4) — Payment request from Bobby Heuring Vetsch made a motion to adopt the agenda as amended. Franklin seconded the motion. All voted aye. Franklin made a motion to approve the minutes of the May 7, 2001, meeting as presented. Berning seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. Donatus Vetsch, representing the Albertville Lions, addressed the Council regarding the is Jaycees, plans for the City to construct a Community Room that could be used by the Lions, Jaycees, and Lionesses. Currently those organizations use the old City Hall building for meetings. Mayor Olson explained that the City had purchased the Barthel property adjoining City Hall for expansion, but there are no immediate plans for expansion. Mayor Olson and Councilmember Franklin were appointed to a committee to work with the civic organizations ton future space needs. Berning requested that Checks #14590,14601 and 14624 be removed from the Consent Agenda and placed under the Administration department. Wallace made a motion to approve payment of Check #'s 14591— 14600, Check #'s 14602 — 14623, and Check #'s 14625 - 14629 as presented. Berning seconded the motion. All voted aye. Wallace made a motion to approve the 3.2 Non -Intoxicating Malt Liquor License for the Albertville Jaycees at City Park on June 8, 9, and 10`h. Berning seconded the motion. All voted aye. Wallace made a motion to approve the 3.2 Non -Intoxicating Malt Liquor License for the Albertville Jaycees at St. Albert's Parish Center from 4:00 PM to 12:00 AM on June 9. Berning seconded the motion. All voted aye. Mayor Olson opened the public hearing to consider allowing Sunday liquor sales Mbeginning at 10:00 AM. Albertville City Council Minutes May 21, 2001 Page 2 of 4 City Administrator Goeb reported that in checking state statutes she found that Sunday liquor sales are allowed at 10:00 AM provided the establishment complies with the Minnesota Clean Air Act. The City liquor ordinance adopts the Minnesota Statute in its entirety. Glen Groetch, owner of Geez' Sports Bar and Grill, told the Council that he checked with the State Department of Health relating to the Clean Air Act and was told that his business was in compliance with the act as long as he provided separate tables designating a "No Smoking" section. He currently provides "No Smoking" tables and has in the recent past upgraded the ventilation system in his building. There was no comment from the public and Mayor Olson closed the public hearing. The Council found no need to amend its liquor ordinance. The Fire Department has revised the specifications for the new ladder truck and advertisement for bids will proceed. Wallace made a motion to accept the WWTF Report as presented. Berning seconded the motion. All voted aye. Planner Cindy Sherman reviewed the site plan and platting of Outlots B and C of the Outlets of Albertville. Jeff Brecht and Bill Hinks have submitted a Site Plan Review - Preliminary Plat for an Ashley Home Store. Ashley Home Store will employ 10-15 sales representative as well as four or five office staff. The signage package includes a wall sign on the rear of the building and on the awning over the front entrance. There is also the possibility of sharing the pylon sign that was approved for the Burger King site. The Planning and Zoning Commission has reviewed the plan. One of the issues they were concerned about was the parking issue. Since the city ordinance does not specifically address parking spaces for furniture stores, Planner Sherman used two outsources for parking ratios for furniture stores. Both sources recommended one space per 1000 square feet of floor area. Based on those guidelines, 55.8 stalls are required and 71 spaces are provided with nine overflow spaces provided for weekend use in the delivery area. In addition there will be cross easements over all properties affiliated with the Outlets of Albertville PUD so that parking can be shared. The Fire Department reviewed the site plan and the comments contained in the May 10, 2001, report will be incorporated in the Findings of Fact. The site plan will be modified to provide some access on the side and rear of the building. Pedestrian crossings shall be identified through signing and/or painting. • Albertville City Council Minutes May 21, 2001 Page 3 of 4 Franklin made a motion to adopt the Findings of Fact & Decision, as amended, approving the Preliminary Plat and site plan for the Ashley Home Store. Wallace seconded the motion. All voted aye. City Planner Cindy Sherman has with the Albertville Plaza developer on modifications to the screening and landscaping plan. A meeting was held at 6:30 p.m. prior to the City Council meeting. A revised site plan/landscaping was presented to the Council. Berning made a motion to adopt the modified landscaping and screening plan, approving the site plan for the Albertville Plaza. Vetsch seconded the motion. All voted aye. City Engineer Pete Carlson presented the 2001 Street Overlay project and requested authorization to bid the project. The bids would include the final bituminous wear course for 57th Street, Lambert Avenue, Lachman Avenue and the fire station parking lot. Vetsch made a motion to authorize bids for the 2001 Street Overlay Project. Wallace seconded the motion. All voted aye. City Engineer Pete Carlson presented the cost to correct the drainage on the rear lot line along 54t/z Street. The estimated cost for repair is $4,500, which includes restoration costs of $800. City Engineer Pete Carlson talked about another area of drainage problem on 55th Court. The drain tile would need to curve around to avoid the trees along the rear lot lines. The estimated cost for repair and restoration is $3,500. Randy Schmidt who resides at 5553 55th Circle stated he would be willing to complete restoration on his back yard. Franklin made a motion to have Tim get quotes on the repair and restoration projects, as well as getting cost together to renting a ditch -witch and use City employee to complete the work. Berning seconded the motion. All voted aye. City Engineer Pete Carlson brought to the Council's attention the water extension to WWTF. The existing well is less than 50' from clarifier, which makes it now non -complying. John Middendorf feels strongly the well should be replaced. The estimated cost for extending the water main to serve the WWTF is $25,000. Vetsch made a motion to approve the 6-inch water main extension. Mayor Olson seconded the motion. Beming and Wallace voted aye. Franklin voted no. City Engineer Pete Carlson presented two options for the location of the Industrial Park Road. One option shows the road down the center of the city property and would impact .48 • Albertville City Council Minutes May 21, 2001 Page 4 of 4 acres of wetland . The second option has the road moved to the north and creates .35 acre of wetland impact. Berning does want to go ahead with the plan without the Darkenwald project proceeding simultaneously. He wants to see a concept plan or something from Darkenwald first. Wallace made a motion to approve the City Industrial Park Project with the Agreement that the Developer will pay the city design costs if he chooses not to proceed with his project. Berning seconded the motion. Wallace, Berning, Olson and Franklin voted aye. Vetsch abstained. The road alignment will be decided at the next City Council meeting IF Darkenwald is prepared to commit to his project. City Attorney Mike Couri presented the draft Towne Lakes Developer's Agreement. There are several unique items in this development and Couri requested Council input. Several items specific to the Towne Lakes project were discussed and will be incorporated into the final Developer Agreement. Bob Heuring requests that the City pay the $1,612.00 bill for cleaning his ditch. City Administrator was directed to write a letter to Mr. Heuring denying payment. Olson made a motion to approve Check #14590,14601 and 14624. Berning seconded the motion. All voted aye. Mayor Olson closed the meeting at 10:25 p.m. to discuss pending litigation for the Peterson condemnation trial. Mayor Olson re -opened the meeting at 10:50 p.m. City Administrator informed the Council we received one application for the Planning and Zoning Commission and one application for the EDA Committee. aye. Berning made a motion to adjourn at 11:15 PM. Wallace seconded the motion. All voted John A. Olson, Mayor Linda Goeb, City Administrator 44L CITY OF ALBERTVI LLE ••w.wG,, IVOy J 1, LW I Check Detail Register Page 1 of 4 Check Amt invoice Comment 10100 Security State Bank Paid Chk# 014 6/4/01 AFFORDABLE SANITATION, INC E 101-45100-415 Other Equipment Rentals $79.30 SP1052 Additional Unit Total AFFORDABLE SANITATION, INC $79.30 Paid Chk# 014650 614/01 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $377.39 3060471 2-1" T10 Pro Meters Total DAVIES WATER EQUIPMENT CO. $377.39 Paid Chk# 014651 6/4/01 DAVIS, ARIN E 101-42000-331 Travel Expenses $486.40 Mileage Reimbursement Total DAVIS, ARIN $486.40 Paid chK#7 01465 6/4/01 DELTA DENTAL E 101-41400-131 Employer Paid Health $89.56 June 2001 Dental - B/M E 601-49450-130 Employer Paid Ins (GENERAL) $33.59 June 2001 Dental - John/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $33.59 June 2001 Dental - John/Mike E 101-41300-131 Employer Paid Health $44.78 June 2001 Dental - Linda E 101-43100-130 Employer Paid Ins (GENERAL) $55.99 June 2001 Dental - Ken/Mike E 101-45100-130 Employer Paid Ins (GENERAL) $55.99 June 2001 Dental - Tim/Mike Total DELTA DENTAL $313.50 Paid Chk# 014653 6/4/01 EMERGENCY APPARATUS E 101-42000-404 Repair/Maint - Machinery/Equip $686.56 6014 Repair Rescue Vehicle $ Total EMERGENCY APPARATUS $686.56 Paid 7507 517W 6/4/01 ESCHELON TELECOM, INC. E 101-41940-321 Telephone $22.45 May 2001-Jun Phone - E-mail CH Total ESCHELON TELECOM, INC. $22.45 PaidChk# 014655 6/4/01 EULL, KARLA E 101-45000-598 Pledges & Contributions $250.00 2000 Albertville Queen Scholarship Total EULL, KARLA $250.00 Paid Chk# 014656 6/4/01 FEHN GRAVEL & EXCAVATING E 101-49300-660 Capital Projects Reserve $25,879.38 Payment No. 3 2000 Barthel Ind Improve Total FEHN GRAVEL & EXCAVATING $25,879.38 Paid Chr# 014657 6/4/01 FIREHOUSE MAGAZINE E 101-42000-433 Dues and Subscriptions $28.97 2001 Subscript 2001 Subscription Total FIREHOUSE MAGAZINE $28.97 Paid C90 014658 6/4/01 FIRSTAR TRUST COMPANY E 354-47000-601 Debt Sry Bond Principal $500.00 687989 Opening Account Total FIRSTAR TRUST COMPANY $500.00 Paid Chk# 014659 6/4/01 GOPHER STATE ONE -CALL E 601-49450-209 Locates $15.20 April Adjustme Adjust - invoice 1040087 E 602-49400-209 Locates $15.20 April Adjustme Adjust - invoice 1040087 Total GOPHER STATE ONE -CALL $30.40 • CITY OF ALBERTVILLE Thursday, May 31,2001 Check Detail Register Page 2 of 4 E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing Total LARSON PUBLICATIONS $39.47 June 2001 Pre -Plat Hinks/Brecht $73.52 June 2001 BIDS -Lift Station Upgrade $42.26 June 2001 Bd. of Review $73.52 June 2001 BIDS -Lift Station Upgrade $228.77 Paid Chk# 014661 614/01 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $140.11 96952 Copy Machine Maintenance Total MINNESOTA COPY SYSTEMS $140.11 Paid Chk# 014662 614101 MN DEPARTMENT OF REVENUE G 101-21702 State Withholding $724.64 Second half - May 2001 Total MN DEPARTMENT OF REVENUE $724.64 Paid Chk# 014663 614/01 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $38.00 217 Animal Control-stray/pickups Total MONTICELLO ANIMAL CONTROL $38.00 Paid Chk# 014664 6/4/01 NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $12.00 April 2001 Insurance Premium - Mariann G 101-21710 Other Deducations $12.00 June 2001 insurance Premium - Mariann G 101-21710 Other Deducations $12.00 June 2001 Insurance Premium - Linda Total NCPER S GROUP LIFE INSURANCE $36.00 Paid Chk# 014665 614/01 NEXTEL COMMUNICATIONS E 101-41400-323 Nextel Radio Units $111.65 May 2001 Two-way/cell-CH E 601-49450-323 Nextel Radio Units $55.82 May 2001 Two-way/cell-WWTF E 602-49400-323 Nextel Radio Units $55.82 May 2001 Two-way/cell-Water E 101-43100-323 Nextel Radio Units $55.82 May 2001 Two-way/cell-PW E 101-45100-323 Nextel Radio Units $55.82 May 2001 Two-way/cell-Parks E 101-42000-321 Telephone $48.77 May 2001 Two-way cell - Fire E 101-41400-323 Nextel Radio Units $55.82 May 2001 Two-way/cell-Inspct Total NEXTEL COMMUNICATIONS $439.52 Paid Chk# 014666 6/4/01 OFFICE MAX E 101-43100-582 C/O - Misc. Equipment $351.44 June 2001 TV -VCR for Training tapes E 101-41400-200 Office Supplies (GENERAL) $256.85 June 2001 Misc. Office Supplies Total OFFICE MAX $608.29 Paid Chk# 014667 614/01 PITNEY BOWES E 101-41400-413 Office Equipment Rental $357.70 0300939-MY01 Pitney Bowes - Machine Rental Total PITNEY BOWES $357.70 Paid Chk# 014668 614/01 S.E.HJR.C.M. E 439-49000-303 Engineering Fees E 450-49000-303 Engineering Fees E 101-41700-303 Engineering Fees E 450-49000-303 Engineering Fees E101-41700-303 Engineering Fees E 438-49000-303 Engineering Fees $319.55 74943 Center Oaks 4th $868.31 749" AV 4th $203.67 74945 Heuring Meadows $1,342.91 74946 AV 3rd $1,052.49 74947 2001 City Park Improve. $3,065.73 74948 Cedar Creek No. 3rd Add. CITY OF ALBERTVILLE Thursday, May 31, 2001 Check Detail Register Page 3 of 4 Check Amt invoice Comment E 450-49000-303 Engineering Fees $1,199.30 74949 AV 2nd E 438-49000-303 Engineering Fees $78.61 74950 Cedar Creek SoAth E 456-49000-303 Engineering Fees $3,175.16 74951 Towne Lakes Dev E 101-41700-303 Engineering Fees $2,541.05 74952 Barthel Ind. Drive E 450-49000-303 Engineering fees $49.52 74953 AV E 101-41700-303 Engineering Fees $7.190.53 74954 Misc. Engineering Serv. E 456-49000-303 Engineering Fees $12,243.03 75384 Towne Lakes Utility Ext. E 454-49450-303 Engineering Fees $26,917.26 75385 Savitski Lift Station Total S.E.HJR.C.M. $60,247.12 Paid MR# 014670 6/4/01 SECURITY STATE BANK OF MAPLE L G 101-21701 Federal Withholding $1,680.85 Second Quarter G 101.21703 FICA Tax Withholding $2,904.08 Second Quarter Total SECURITY STATE BANK OF MAPLE L $4,584.93 Paid Chk# 014671 614/01 SPRINT E 101-41940-321 Telephone $70.69 June 2001 Long -Distance Calls Total SPRINT $70.69 Paid Chk# 014672 6/4/01 SPRINT-UTS E 101-42000-321 Telephone $34.28 June 2001 Phone - FD-Main E 101-41940-321 Telephone $129.40 June 2001 Phone - tax/surcharge E 101-41940-321 Telephone $152.83 June 2001 Phone CH - Main E 101-41940-321 fe Telephone $42.15 June 2001 Phone - CH-Intemet E 101-41940-321 Telephone $41.55 June 2001 Phone - CH2 E 101-41940-321 Telephone $39.55 June 2001 Phone - CH3 E 101-42000-321 Telephone $34.28 June 2001 Phone - FD-Fax E 101-43100-321 Telephone $32.42 June 2001 Phone - PW Fax E 101-43100-321 Telephone $32.42 June 2001 Phone - PW E 101-41940-321 Telephone $32.42 June 2001 Phone - CH -Fax E 101-45100-321 Telephone $26.28 June 2001 Phone - Park Shelter E 601-49450-321 Telephone $28.17 June 2001 Phone - WWTF Total SPRINT-UTS $625.75 Paid Chk# 014673 6/4/01 SUNSHINE SPRINKLER SYSTEMS E 101-45100-404 Repair/Maint - Machinery/Equip $256.50 5050 Repair Sprinkler System Total SUNSHINE SPRINKLER SYSTEMS $256.50 Paid Chk# 014674 614/01 T & S TRUCKING E 101-43100-227 Street Sweeping $3,306.00 375 April 2001 Street Sweeping Total T & S TRUCKING $3,306.00 Paid Chk# 014675 614/01 VERUON E 101-42000-321 Telephone $15.95 June 2001 Cell Phone Service Total VERIZON $15.95 Paid Chk# 014676 6/4/01 WRIGHT COUNTY AUDITORITREASURE E 101-42110-307 Police Contract Fees $19,466.67 Patrol-5 Police Protection Total WRIGHT COUNTY AUDITOR/TREASURE $19,466.67 Paid Chk# 014677 6/4/01 WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities $8.00 June 2001 Lighting- 60th & MacKenzie CITY OF ALBERTVI LLE Thursday, May 31, 2001 Check Detail Register Page 4 of 4 Check Amt Invoice Comment E 101-43160-381 Elecbic Utilities $7.16 June 2001 Lighting- 58th & MacKenzie E 101-43160-381 ElecMc Utilities $7.16 June 2001 Lighting- 59th & MacKenzie Total WRIGHT HENNEPIN ELECTRIC $22.32 10100 Security State Bank $119,823.31 C1 0 Minnesota Lawful Gambling LG220 - Application for Exempt Permit Fee - $12 �6 Organization Information Check No. Organization name Previous lawful gambling exemption number North Hennepin Community College Foundation _7109 Street City I State/Zip Code County 7411 85th Ave. N. Brooklyn Park MN 55445 Hennepin Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO Don DeMorett 763-424-0916 Name of treasurer Daytime phone number of First name Last name treasurer. Barb Wile 763-425-2315 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran ® Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ® IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization ® Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Cedar Creek Golf Course Address (do not use PO box) City State/Zip Code County 5700 Jason Avenue Albertville MN 55301 Hennepin Date(s) of activity (for raffles, indicate the date of the drawing) Monday, June 25, 2001 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ -Bingo 0 Raffles ❑ *Paddlewheels ❑-Pull-Tabs ❑-Tipboards `Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying foryour permitwill become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Application for Exempt Permit LG220 Page 2 of 2 aro0 Organization Name North Hennepin Community College Local Unit of Government Acknowledgment If the gambling premises Is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. The city approves the application with no waiting period. The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name of city (Signature of city personnel receiving application) Title Date If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).[ Print name of township (Signature of township official acknowledging application) Tide Date Chief Executive Officer's Signature The information provided in ttion is complete and accu o the best of my knowledge. Chief executive officer's sure =-—� Name (please print)'NN Date Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of govemment or has been denied, do not send the application to the Gambling Control Board. • half 0 APPLICATION FOR CITY 3.2 MALT Bi jVC Applicants Name (Business, Partnership, Ccepion) Trade Name of DBA Mac. A (bLLC Albe(mue Mobi Business Address B iness Phone Home Phone - I(Oyuv 9o(ss3 Z�,(' City A (6elfv i I t e; State M N Zip Code 5.5"30 County k-- Is 3 application p� New If a transfer, give name of former owner: License period From: I'/ % b 1 To: O Transfer / 1 If a corporation or a partnership, give ama title, address, and date of birth of each Mer/partner. Officer/Partner Name and Title 6w hb�-�i owner Address �ssao -r 5k�r Nd � � 4 DOB 7123 e1C� - r. 4� o OffiWt. tle VAddress l30o s 0akc�ood � DOB Ma.r Morin. ern 53 ell �<plo Officer/Partner Name and Title 11 Min resohx L-n • DOB II r7 /33 eV 07'1 0 5 Officer/Parda r Name and TideAddress DOB Officer/Partner Name and Title Address DOB COPORATIONS Date of incorporation State of incceporation Certificate Number � porate authorized to do business in Minnesota? 313100 M III•1%,gglq No v If a subsidiary of an other corporation, give name and address of parent corporation BUILDING AND RESTAURANT Name of building owner CroixCo . Owner's address '0 (5� (-M 5. C Yid e � N kga Are Property Taxes Has the building owner any connection, direct, or indirect widl the Number of employees delinquent? � es � No a No Restaurant seating Number of months per year restaurant will Hours food will be Will food service be the capacity �/� be open (j�� N /• available. r Q, N principle business? 40 , Ti r Describe the premises to be licensed / CMV"ie nde ire I &'as If the is in conjunction with another business (resort, etc.), describe business N / A The licensee must submit the Mowing: A. Liquor Liability Insurance (Dram Slop) $50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100,000 for loss of means of support. ATTACH CERTIFICATE OF INSURANCE TO THIS FORM. ) (o4y- 885Z Pcr Canna ,4 wi4-h M N SWe A l eo ho ( b ewsi rug D i v i ai on , Dram Shop ins. 1.5 nW ilk -Por &K 50J e. 3.2 MaL4 i-F 40 e- a[o no -e¢ caeed SD, 000 aO Wlyear. WI. wi I I naf 5e( I A'ny wh ere near 4&se ,Wes I so we 5W Of it 6%. z6 • CrrY OF ALBERrALLE �FMORANDUM TO: Mayor and City Council FROM: Thu Guimonk Public Works Supervisor DATE: June 1, 2001 SUBJECT: Public Works/Parks Maintenance Report STREETS DEPT. — The retaining wall is completed on Main Avenue. PARKS MAIlVTENANCE — We placed more limestone on the ballfield warning track and infield The park building was pressure washed and the trim will be painted this week. TREE TRUST — This is a program between Xcel Energy (formerly NSP), the City and the homeowners. Xcel would like to remove the trees on the boulevards and public right-of-ways that are under power lines. Xcel would then give the City up to $200 per tree removed to plant 2 new trees either on public or private property. Xcel would contact property owners and put an ad in the newspaper. The City would remove the stumps, order and plant the new trees. Tree Trust would also give $50 to plant desired trees in unplanted boulevards. EQMffjNT — We would like to discuss purchasing the following items: 2001 Ford Sterling = L7500 Plow Truck complete with — snow plow, wing, dump box, sander, and mow board plow. Purchase price is $92,359 plus tax and license. John Deere 4400 — Utility T r complete with — 4-wheel drive, cab w/heater, 72' mowing deck, snow blower, sweeper. Purchase price is $25,889.28 plus tax - ($28,889.28 less trade-in $3,000). I would like to trade-in the old Toro mower and the Cub Cadet walk behind — Scharbers would give us $3,000 for both. TG:bmm aYa S compuW c:\My DocamemsTWft walks Repnrb\2001 RaMU\PW-PR Rq-t a-of-ot.d- • 11 4 t NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 962.595.9638 Facsimile: 952.696.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: May 30, 2001 RE: Albertville — Ashley Home Store — Final Plat FILE NO: 163.06 — 01.03 BACKGROUND Mr. Jeff Brecht and Mr. Bill Hinks have submitted an application for final plat to consolidate Outlots B & C of the Outlets at Albertville. The two parcels together equal 2.56 acres. The property is located on the south side of the private access into the mall just south of phase II construction. The City Council reviewed the site plan and preliminary plat at their May 21, 2001 meeting. Final Plat: The plat is proposed to create one parcel from two outlots that were platted with the intent of replat at the time a specific development was proposed. The Final plat is consistent with the preliminary plat. RECOMMENDATION Staff recommends approval of the final plat provided that all conditions of the preliminary plat and site plan remain in full force and effect. PC Linda Goeb Pete Carlson Jeff Brecht Mike Couri 06-04-01 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Final Plat Applicant's Name: Jeff Brecht and Bill Hinks Request: Mr. Jeff Brecht and Bill Hinks have submitted an application for final plat in order to construct a retail furniture store under the PUD at the Outlets of Albertville site. The application is to allow the platting of two outlots into one building site. Planning Commission Public Hearing Date: May 8, 2001 City Council Meeting Dates: May 21, 2001 and June 4, 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 Outlot B and C, Outlets at Albertville, Wright County, Minnesota. B. The Planning Report dated May 30, 2001 from Northwest Associated Consultants is incorporated herein. C. The requirements of Section 2700 of the Albertville Zoning Ordinance the Subdivision Regulations have been reviewed in relation to proposed plans. D. The proposed plat is consistent with the approved preliminary plat. 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. All conditions of the preliminary plat and site plan approval remain in full force and effect. 2. The final plat and development agreement shall be recorded prior to issuance of a building permit. Adopted by the Albertville City Council this 4th day of June 2001. • 1 Ashley Furniture Homestore CC Findings of Fact & Decision • Attest: M Linda Goeb, City Administrator Pc Linda Goeb Mike Could Pete Carlson. _ Jeff Brecht • City of Albertville By: John A. Olson, Mayor • 2 Ashley Furniture Homestore CC Findings of Fact & Decision • DEVELOPER'S\PLANNED UNIT DEVELOPMENT AGREEMENT Hinks Brecht Addition Ashley Home Store • THIS AGREEMENT, entered into this day of , 2001 by and between Jeff Brecht and William Hinks, collectively 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 "Hinks Brecht 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 Hinks Brecht 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 • boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, 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's\Planned 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 Hinks Brecht 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'sTlanned 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 Hinks Brecht Addition, and that these two documents be read together to determine the rights and obligations of the parries with respect to the property contained within the Hinks Brecht Addition. In the event of a confect 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 Hinks Brecht Addition, but any such 2 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 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 , 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. 0 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 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 an Ashley Home Store which shall consist of a large display area and small storage area to be used for the sale of furniture at retail to the public. 1. Said operation is to be constructed in substantially the same location, configuration, layout and with 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 F) and on file with the City Clerk. Developer agrees that it shall not construct any buildings other than said furniture store on the land in Said Plat. 2. Developer shall be allowed to install and maintain signage related to the uses permitted on Said Plat. Developer shall be allowed a "small pylon" sign fronting on the private drive on the north side of the property. Said small pylon sign shall not exceed 40 square feet per side and 30 feet in height and shall be placed in substantially the same location as shown on the attached Exhibit F. Developer may place a sign on the awning over the front entrance in substantially the same location, configuration, height, size and layout and substantially the same materials as shown on the attached Exhibit H. Developer shall also be allowed the option of choosing to place a wall sign on the rear (south side) of the building or choosing to place a pylon sign on the pylon to be erected by the Developer of Dolphin Real Estate Addition, pursuant to the terms of the Dolphin Real Estate Addition Developer's Agreement. Developer may not place both the rear wall sign and a pylon sign on the Dolphin Real Estate Addition pylon. In the event the Developer chooses to place a pylon sign with the Dolphin Real Estate Addition Pylon, Developer's sign on said pylon shall not be placed higher than 35 feet above the ground and shall not exceed square feet in area (each side), and must be approved by the City Council as to configuration and . layout. In the event the Developer chooses to place a sign on the rear of 4 the building, said sign shall be in substantially the same location, configuration, height, size, layout and substantially the same materials and colors as shown on the building elevations attached Exhibit H. Developer shall obtain a permit from the City for all signage obtained under this paragraph prior to the installation of such signage. 3. 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 1 of Said Plat to access over and across the private driveway intersecting with Wright County Highway 19. Said easement shall be approved by the City Attorney and recorded on the property records at the Wright County Recorder's Office. 4. Lot 1, Block 1 shall be landscaped in accordance with the attached landscape plan incorporated herein as Exhibit D. 5. Lot 1, Block 1 shall be lighted in accordance with the attached lighting plan incorporated herein as Exhibit E. 6. There shall be no exterior/outside storage on Said Plat. C. Developer understands that the amount of parking approved for this use (retail furniture store) is less than otherwise required for a retail use on this lot. Developer further understands and agrees that the use of the property shall be limited to a retail furniture store, unless some other use is approved by the City Council in the future based upon all applicable ordinances in effect at such time, including ordinances related to on -site parking. For purposes of evaluating a future use, the City may choose not to consider parking spaces available through cross -parking easements with adjacent properties for purposes of fulfilling on -site parking requirements. 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 $20,000. 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 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: 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 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 7 L-1 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 cleanup, 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. 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. K. 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. 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. 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. Developer shall maintain a hard -surfaced drive for fire protection purposes on the east side and west side of the proposed building in locations acceptable to the Fire Chief and as shown on the attached Exhibit F. Developer shall maintain said hard -surfaced drive in a manner which will support a fully loaded fire truck in any weather, and shall keep said drive free of snow in the same manner as the main parking lot on Said Plat. N. Developer shall provide and maintain a striped crosswalk across the private drive to the north of Said Plat in a location which allows pedestrian crossing from the parking lot on Said Plat to the parking lot north of the private drive. 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 10 $7,385 per acre. Said Plat consists of 2.56 acres. Therefore, Developer shall pay the City a cash payment totaling $18,905.60. 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. 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. Assienment 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. 11 B. Notwithstanding the 30-day notice period provided for in paragraph 17(A) above, in the event that a default by Developer will reasonably result in irreparable 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 go 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. 12 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 c% City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 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 By Linda Goeb Its Clerk DEVELOPER Jeff Brecht William Hinks 13 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. 1 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before ' me this day of 2001, by Jeff Brecht. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) 14 The foregoing instrument was acknowledged before me this day of 2001, by William Hinks. Notary Public EXHIBIT A The legal description of the property which is the subject of this Develo is Agreement is g P p PertY J Pe � as follows: Lot 1, Block 1 Hinks Brecht Addition, according to the plat of record on file in the Wright County Recorder's Office, Wright County, Minnesota. 16 j Exhibit B i Utility Plan Exhibit C Grading, Drainage and Erosion Control Plan Exhibit D Landscape Plan Exhibit E Lighting Plan Exhibit F -- Site Plan Site Dimension Plan Floor Plan and Details Exterior Elevations • 17 b �,. � ` ROT \� '°� I • s N I a um z a ve ' �-► .vow'"ern w J1/ T��\�j i' I' z a@O KSam ��R"fKSi �r N tMaw ai0lai BLMO1 _.s.S WAMU40 Ma _rpm P i R Nan r X C CaASA - O O CT� SIS 942.08 e 76 LFP PVC SOR 36IS *A0X PROPOSED SULDM i PUSHED FLOORR 9L 257.4 / =; $"30 / ilia jPC 0 ROW1. W Z=a wa 4AZ_W-j L mNZ ..� =�W.} STM SM O"AID0 OFF UMPM PAM TO CMISI UCIM - J '52 OCCICIO 1MTaRYW 2 CO UOUO IS SP FOR FROMM CULONO ?s Jm Z Q .� COMM SAWARY SVISR S SS[ GRADW PLAN FOR SMW SOMM WORYATION 6 < (a 3 N PROF OSFD SrOMM SM WATIUMM —F—►— PROPOR9 SAWARY SMIR � Ho. i A � * C i0 � fro. � _ ■ws! - _ ��` •_ — § � n. Z a.» J 0o wo- / M < a: W g�Zw1-' 0 2 z i sj��c..) wri�oa.Zoo x m a rn ¢< C.2z w i � -- -- � o! ,I Amt�w•a�� i n.O..U_W O 'L.2 V-A L 1.,,l.A...N: SHEET ! Y a 20' OF 7ALBERTVILLES LEY H :3TOfft HUNTER � UKVtst ARCHITECTS PLANNERS MINNESOTA W"Reo oft ��.,� nrAnTrewnnt! ndy^VM .mrT.?rM Adb%ihRe7TA7 TVJ C6_nT Tn/Tn/4n TOTAL P. 02 E NORTHWEST ASSOCIATED CONSULTA 4W5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9e36 Facsimile: 952.595.9837 planners@nacplanning:com PLANNING REPORT TO: Albertville City Council FROM: Cindy Sherman DATE: May 30, 2001 RE: Albertville — Heritage Commons Final Plat FILE NO: 163.06 — 01.01 BACKGROUND Dynamic Designs Land Company (Dynamics) has submitted an application for Final Plat and consistent with earlier action by the Council the rezoning ordinance and comprehensive plan amendment are also included with this action. The request is being made to allow the development of 14 townhome units designed for "senior living." ISSUES AND ANALYSIS Comprehensive Plan. The Land Use Plan currently designates this site for low - density residential use. The proposal requires an amendment to medium density residential (less than 10 units per acre). The proposal has 14 units on two acres for seven units per acre. A resolution changing the comprehensive land use is attached. Rezoning/Planned Unit Development. The property is currently zoned R-1 and is proposed to be rezoned to R-5 Planned Unit Development (PUD). Consistent with similar requests the Council approved the concept of the rezoning but delayed official action until such time as the final plat is reviewed. An ordinance to rezone the site to R- 5/PUD is attached. Final Plat. The final plat creates 14 lots for housing units and common space that includes green space as well as drive aisles and parking. The final plat is consistent with the preliminary plat and development plan. • • RECOMMENDATION Staff recommends approval of the final plat provided that all conditions of the preliminary plat remain in full force and effect. Staff further recommends that the Council adopt the ordinance to rezone the property and the resolution changing the comprehensive land use plan. ►A 6-4-01 9 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Final Plat Final Plan - PUD Applicant Name Dynamic Designs Land Company Request: Dynamic Designs Land Company (Dynamics) has submitted an application for Final Plat and. Final PUD plan. The request is being made to allow the development of 14 townhome units designed for "senior living." City Council Meeting Dates: June 4, 2001. Findings of Fact: Based upon review of the application and evidence received, the City Council now makes the following findings of fact and decision: a. The legal description of the subject property is Outlot F, Park View Place. b. The Planning Report, dated May 30, 2001 prepared by NAC Inc., is incorporated herein. • c. The Comprehensive Plan Land Use Plan designation is changed from low density residential to medium density residential pursuant to City Council Resolution 2001 - (exhibit A) d. The Zoning District designation for the subject site is changed from R-1 to R-5 pursuant to City of Albertville Ordinance 2001 - . (exhibit B) e. Approval of a CUP/PUD for the subject site was granted by the City Council subject to the provisions and considerations outlined in the Findings of Fact and Decision dated May 7, 2001. f. The final plat of Heritage Commons is in substantial compliance with the approved CUP/PUD and preliminary plat. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the final plat and final PUD plan based on the most current plans and information received to date subject to the following conditions. 1. All conditions of the decision dated May 7, 2001 remain in full force and effect. • Heritage Commons Findings of Fact Page 1 0 Adopted by the Albertville City Council this 4th day of May 2001. Attest: M • Linda Goeb, City Administrator City of Albertville By: John A. Olson, Mayor Heritage Commons Findings of Fact Page 2 • CITY OF ALBERTVILLE RESOLUTION # A RESOLUTION OF THE CITY OF ALBERVILLE, WRIGHT COUNTY, MINNESOTA TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY WITHIN THE PROJECT KNOWN AS HERITAGE COMMONS. WHEREAS, the project known as Heritage Commons was reviewed as a concept plan and as a development plan by the Planning Commission and City Council; and WHEREAS, The Albertville Planning Commission held a public hearing to consider the change in land use designation on April 10, 2001; and WHEREAS, notice of the public hearing on said motion was duly published and posted in accordance with the applicable Minnesota Statutes and persons attending were afforded the opportunity to comment on said amendment; and WHEREAS, the Planning Commission voted to recommend the Council approve the application including the comprehensive plan amendment as requested; and WHEREAS, the City Council held a public meeting on May 7, 2001 to consider the Comprehensive Plan amendment and persons attending were afforded the opportunity to comment on said amendment; and WHEREAS, on May 7, 2001 the City Council of Albertville approved the Comprehensive Plan amendment (pursuant to the conditions of the Findings of Fact and Decision dated May 7, 2001); and WHEREAS, the implementation of the Comprehensive Plan land use designation changes are to occur at the time of final plat; and WHEREAS, the final plat for Heritage commons was considered and approved by the City Council on June 4, 2001. M. 3-tilff.11 I] ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 4M DAY OF JUNE 2001. ATTEST: Linda Goeb, City Administrator 0 CITY OF ALBERTVILLE John A. Olson, Mayor Heritage Commons Resolution for Comprehensive Plan Amendment Page 2 of 2 CITY OF ALBERTVILLE WRIGT COUNTY, MINNESOTA ORDINANCE NO.2001- AN ORDINANCE CHANGNING THE ZONING OF CERTAIN LAND IN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. The following described property is hereby changed from R-1 to R-5: OUTLOT F, PARK VIEW PLACE SECTION 2. EFFECTIVE DATE. This amendment shall be in full force and effect immediately following its passage and publication. Approved by the Albertville City Council this day of 2001. ATTEST: 0 • Linda Goeb, City Administrator CITY OF ALBERTVILLE A John A. 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TGL 680 Dodge Avenue and that I am a Licensed Professional FOR Elk River, Xinneeota 65330 Engineer under the Tows of the State DRAWN BY: TGL DYNAMIC'S DESIGN &LAND CO. (61z)441-2072 (PAX)441-5665 of Minnesota. CHECKED BY: JK A Ltl, car A nr t,l e A I 201 M. Travetera Trait, Suite 200 Rvnrrnillr, Min nrenln �,i�n•rt DWG: 7701 LAND DWG ,5.511A7 1FXTr NOW .W G-3 I� tTJ tZj H I DATE I DESCRIPTION u N r z p=�,071 O W�Py =y p C W0 Zy, 0 0 y itiso m fm mp W > 1 O y x� Win you zAy m < mvg0 � A z�om i m ^'groin ;z Dry Wirnf ZDZ A" OVA g� Zy m> pm N b m z I.. rn i� > 00 0 C� pe A to 0 Z g A� m m m x �A g28�1 mDm pp OR fly 23 A m ' I I A51 tool (nm, ,I, w I I I I �I m nA1X i � I I u�z J�2 •I I � m �N x D yl t I � -I I." -------------'I I I I LAMBERT AVENUE I i 8 WM --T —T— _I''� 1 -- u I�u p V m tizrq I I 08 rn 1 , �0 4 o� m0m .Zl y2 m h H z 0 t D S m O P O N J g -�--- > I I I I I —yI u = O _ I I N o < L_ VARIABLE n D N aFa1iI �CgOgC�Opm C1.,/1 „'") Sa N 8�i $� I D I I rn G) �1+=r� o >jo2y y Zi%i Z 6' "'Ip„r Q i�� So Z,Cv Z L vN� n2 gI•I�y; y 2� V(/11 ,� �: O O p o z ply NQ'C i� WSW TOmm`-' �N mA `mm'O� 0 RI 1*I (� o = C1• .D 2 r�i-�1 =<O> >gZ� I/N1S Vs �i f„ act �Sg WO mp m=PPTfli Z y A n Z Sul A Vl Ul V) Vi M m m ; II 0 W O 15. x 1 34 i N do ; O t(r��� �Q�j 1vQot1 `DW/N NI"J G' AnA pp~ �N8 T 0 A I'1 11'N yy 00 1- iriZ g„A, rr Om ,z yN mZ r C? i >C iC A a v) .y K rn z z NNj f�l r ' S W HERITAGE COMMONS John Oliver Associates, inc. cution�llo( thatthis Iwaslapre DAB z o ALBERTVILLE. MN cYut1 e'I�'u"r1"e• L-W stiuwv4le, la..d Plan*!ro specifirn pared — 5/22/01 by me or under my direct supervision DESIGN BY: NO. DATE DESCRIPTION 0 FOR 660 Dodge Avenue Blk River, Minnesota 55330 JK, TGL and that I am a Licensed Professional Engineer under the laws of the State DRAWN BY: TGL DYNAMIC'S DESIGN & LAND CO. (612)441-2072 (M)441-6665 of Minnesota. CHECKED BY: JK Sol M. Travelers Trail, Suite 200 11 �i...i�..i�i 11II:.... . ., .. DWG: 7701SITE .DWG J - Z O x e NF 44� + xc° c iov a, o r�N OD� vmN =ONy ° S tiD � m2 N > yrpl � i yim� Q2 vlv�vNiv rA.A m�p r>. a! Drgi =mgy 0ln ;mC �>Z;a rry� WtD 9�CaO>Z t A zm r >m O N z ° QEYR �i�Dlr>l rQal���N 7f nptpr) yy�11 ZSIMM LAMBERT AVENUE - I I i I I I I I I --, I I I1. OD oho EEE NP : r9 yp O O O ID O z (A EA (A N wN- ' ,n .'9 iy n pp1 tT�P-r�� RI CA 8 N = \ Z � f\ \ HERITAGE COMMONS ALBERTVILLE, MN FOR f DYNAMICS DESIGN & LAND CO. GRADING, DRAINAGE .... �.-. .. .-....-,_. ..-�... ._. ... John Oliver dl Associates, lno. cwu spt.,.e.i,�, land 6tiawytoy, aa„d ptd...t„p 600 Dodge Avenue Elk River, Yinnaaotn 66990 (612)441-2072 (FAX)441-5665 I horeby certify that this pion, specification, or report was prepared by me or under my direct supervision and that I am a Licensed Professional Engineer under the lows of the Slate 9 of Minnesota. DATE: 5/22/Ot DESIGN BY: _ JK. TGL DRAWN BY: TGL/CSA CHECKED BY: JK DWG: 7701SITE.DWG TFYT NONE REV NO DATE 201 M. Travelera Trail suite 200 Ru.-......(III. Ui...,,,rn DESCRIPTION CITY OF ALBERTVILLE PLANNED UNIT DEVELOPMENT AGREEMENT HERITAGE COMMONS THIS AGREEMENT, entered into this day of 2001 by and between Dynamic Designs Land Company, referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Heritage Commons" and shall hereinafter be referred to in its entirety as "Said Plat' or "Subject Property"; and WHEREAS, Developer intends to subdivide 2.1 gross acres into 14 "single-family residential lots for purposes of constructing 14 single-family attached senior housing residential units; and WHEREAS, approval of a Planned Unit Development is required to allow for the aforementioned subdivision proposed by Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Heritage Commons contingent upon compliance with certain City requirements including, but not limited; to, matters set forth herein; and 1 \J WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk trail(s), curb and gutter, grading, drainage, sanitary sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be financed by Developer and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of paved private streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Planned Unit Development. Said Plat is hereby approved as a Planned Unit Development with flexibility from the strict requirements of, the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set -back requirements. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land use regulations: A. The underlying zoning in Said Plat shall be the same as that shown in the City's R-5 zoning district, except that the following standards shall be as set out below: i. Lot Size: Per final plat. ii. Front yard setback: 30 feet (Front faces Lambert Avenue) iii. Side yard setback: 25 feet iv. Rear yard setback 25 feet V. Building Separation: Per Site Plan attached as Exhibit B. B. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. 2 n C. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit C. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. D, The Developer shall file property owners association covenants against all Lots in Said Plat, said covenants to be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance. Said covenants shall establish a Homeowner's Association or a Common Interest Community and shall, among other things, specify age restrictions for all residents of Said Platconsistent with this agreement. E. Outlot A shall remain an unbuildable lot and shall be used as a common area for all lots in Said Plat, and shall be maintained by the Homeowner's association. F. The Homeowner's Association shall maintain the exterior of all buildings constructed on Said Plat. G. Outside storage of recreational vehicles or equipment shall be prohibited on Said Plat. H. It is the understanding of the Parties that Developer does not presently intend to make use of model homes within Said Plat. The Parties acknowledge and agree that should Developer decide to construct any model homes within Said Plat, use of such Model Homes shall be consistent with Section 2200 of the Albertville Zoning Ordinance. The Parties further agree that prior to construction of any model homes, the Parties will enter a model home agreement and that said model home agreement shall be subject to review and approval by the City Attorney. I. All housing constructed on Said Plat shall be a seniors -only development, and shall comply with the following restrictions: i. At least one resident in each unit must be age 55 or older, and no residents under the age of eighteen are permitted. ii. No more than one unit within Said Plat may be occupied by an employee of the Homeowner's Association, or its family members, who are under the age of 55. All employees under the age of 55 3 must perform substantial duties directly related to housing management or maintenance in order to be eligible to live on site. iii. The Homeowner's Association must publish and adhere to policies and procedures that demonstrate an intent to maintain a seniors -only development. Such an intent shall be evidenced by procedures, approved by the City, related to the following areas; • The manner in which the development is described to prospective residents. • The nature of any advertising designed to attract prospective residents. • Age verification procedures. • Lease provisions. • Written rules and regulations. • Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations. iv. The Developer must comply with rules issued by the Secretary of Housing and Urban Development for verification of age of occupants. Such verification shall be made by reliable surveys and affidavits. V. The development must provide significant services specifically designed to meet the physical or social needs of older persons. Services may include, but are not limited to: • social and recreational programs • continuing education • information and counseling • recreational, homemaker, outside maintenance and referral services • emergency and preventative health care programs • congregate dining facilities • transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them 4 The Homeowner's Association shall submit a Compliance Proposal to the City annually demonstrating the significant services being offered to meet the physical or social needs residents and to comply with this paragraph l.I.v. vi. No person underage 18 may stay overnight with a person over the age of 55 who resides in Said Plat longer than 14 total number of nights in any period of 4 months. In no case may a person under the age of 18 stay overnight with a person over the age of 55 who resides in Albertville Cottages more than 28 nights in a twelve month period. vii. No person may house one or more people under the age of 18 during the day in any residential unit on Said Plat in a regular daycare arrangement nor may a person house one or more people under the age of 18 during the day in any residential unit on Said Plat for a total number of days exceeding 60 in any given twelve month period. I Other Use Restrictions. On all lots within 20 feet of any wetland, storm water management pond, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 2. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of paved private drives, curb and gutter, boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance and as detailed on the attached Exhibit D. Front, side and portions of the backyards of residential lots shall be sodded in accordance with the Residential Development 5 Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2003, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, cause the following items to be installed within the development', all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicablestate and local regulations: i. Electrical power supply, to be .provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights to be installed at such locations as deemed necessary by the City Engineer. Street signs shall also be installed of such type and at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit E. Developer agrees to have all utilities installed according to this Exhibit E. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, 6 electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot', unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. F. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit D. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 3. Intended Use of Subdivision Lots. The City and Developeragree that the lots in Said Plat are intended only for attached single-family residential use in the number and the configuration as are shown on the attached Exhibit B. Developer shall construct only single family dwellings in the number and configuration shown on the attached Exhibit B, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ representing the sum of 50% of the on and off -site improvements ($8,400.00), and 150% of the estimated cost for 7 Ll landscaping/screening materials ($ ). Said letter of credit or surety must meet the approval of the City Attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, 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 8 r-1 which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 5. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the On- and Off -site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the on- and off -site improvements or the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two years from the time of the installation of said landscaping materials. 0 iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. 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 representations shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground - cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 7. Developer to Pay Citv'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 m designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special 10 assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit D. 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. Drainage Requirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume fiill financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary 11 • legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 11. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection onto accomplish any necessary work pursuant to this Agreement. 12. 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. 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. D. This Contract shall run with the land and shall be recorded against the title to the property. FV 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. Developer agrees to obtain all required federal, state and local permits. 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. 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 12 n u 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. G. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. H. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. 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. 13. Violation of Agreement. A. Except as otherwise provided in this Agreement, upon any default by Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, ' the City may thence immediately and without notice or consent of the 13 Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Notwithstanding the 30-day notice period provided for in paragraph 13A 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. Paragraph 13A of this section shall not apply to any acts or rights of the City under the preceding paragraph, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or revocation of the Conditional Use Permit. 14. Dedications to the City. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the 14 residential lots in Said Plat, Developer shall pay the City a cash payment totaling $21,000 (14 lots x $1,500.00 per lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. 15. 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 14 • 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. 16. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 17. Assignment of Contract. The obligations of the Developer under this Contract cannot be -assigned without the express written consent of the City Council through Council resolution. . 18. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this Agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 19. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 20. 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. 21. 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. 15 • • 0 Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 22. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c% City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Dynamics Design Land Company 555 3' Street N.W. Elk River, MN 55330 Telephone: (612) 441-8591 23. Agreement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk DYNAMICS DESIGNS LAND COMPANY W By: Its President 0 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2001, by John A. Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) • The foregoing instrument was acknowledged before me this day of , 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 as President of Dynamics Designs Land Company. Notary Public 17 DRAFTED BY: Coun and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 612 97-1930 10 18 • EXHIBIT A TO DEVELOPER'S AGREEMENT 0 The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Heritage Commons Plat): Lots 1-6, Block 1 Lots 1-4, Block 2 Lots 1-4, Block 3 Outlot A All said property in Heritage Commons plat, City of Albertville, County of Wright, Minnesota. 19 � 0 �� _ _ .. iG .�iT•l•i_ ■ice ■ ._�I�i•(. _ �� �� _ ■ .1.j� ■�i .�iriff I nT. I.TormTgE :—�wl -- HERITAGE COMMONS 55 do OLDER 0 • r * HERITAGE COMMONS 55 do OLDER • 0 i t ,r L , T---------- I ' � � 000ro.wr wrw (Y ar.w _ I � eolo,o w W, s.uce (Y bam I ' 8 uoere Z , L ® i - - - - - - - - - - 3 I I 4 9M ® AIM► e •' I i r4f (Y MGa) \ \ \ \\ 1 E 3 4 BI I I YII/1 M/M!(Y ilWn rrga. \\ I I 5.•uS. fJD.f M.p LANDSCAPE ISLAND DETAIL L------------------------ ( I iLar9 9rMr, x.K , �µt MtS I , I I ----------- I di-------------I I I � I I I , � I I-----------. r 0 MM •.i � � W WW V DRIVEWAY ISLAND DETAIL- O G N == 2 � J U i� I h L ---.� __ j9$g 1\ li I LEGEND Y \ � 2 rn g rar � � �+` i I —ex— RtaRs Dona ooaat I —or— ataro mmoem caxrat I. .arwwrr ot+aas xr mns as; , g �3 Yea � �{ TTnR 07 mam nrwm aaaRc Raor aay. g €'�� '� ------ 3 1 J 1�z i 1t � i rc. tR:.a worn raa_,oa .R rr. ; qa :r 8 i 2 9 4 i � F------- a.eui' a� .asae ..'a'�`.e\ U ram» I AI d U g = G 4 � M M�a...r O�iO.IwnMnt 14/r siRlit Wei wrt+�ioro 2. \vwY< M+ Nw� a aa.®M..OnO[ NW:M 0.A M Mff re MI[\. 1 +a+Aa .Y.A re a •w[ wM COO:t W1.Y rra rD W. 0 S.S. W / sruauro araa MID "MM j' 4 • 2 3 r. 4 S 8 AmV&VEIIM K] I I --------------------------- ------ 2 1 2 9 4 j� we me 7 I .e wi I r � i lI n`m wrr ucna .o eavnai nve — .Vrm I rCOis�'on e°vau1M0w �-- uxan � 1 2 3All , i e i I i I I j I ,r o a w LEGEND -.- aoom asnxa sYRxrr arw �w� OBg16111�ROM1 AnBt j I w Y4Y GSK rsR WSM-"—.z R9 W „Mo bm xi.0 LWwsi 71 @WfuLL n[g A,YRY III i 5cl); 9IDi I I Darkenwald Real Estate Ltd. June 1, 2001 Ms. Linda Goeb City Administrator City of Albertville 5975 Main Avenue Northeast Albertville, Minnesota 55301 RE: Roden Property — Darkenwald Development Albertville, Minnesota Dear Ms. Goeb: This is to confirm the substantial commitment of Darkenwald Real Estate (DRE) for the Roden Property project in Albertville, Minnesota. We are providing the following summary of work that DRE has committal to and is in the process of completing for the • project: I . DRE has retained an attorney for the development of three purchase agreements for prospective users that are anticipated to be drafted in the next few weeks, for execution upon agreement of schedule and contingencies. 2. RLK Kuusisto has been retained for survey, conceptual design and site planning services for a contract totaling approximately $90,000. To date, almost $30,000 in fees have been expended toward the concept design of the 25-acre project and associated coordination with agencies and prospective users to include: • On -going coordination with the City Engineer, Pete Carlson, regarding alignment and location of proposed water and sanitary sewer utilities through the parcel. • Completion of a boundary verification and topographic survey update for the parcel. • Conceptual layout of the roadway, parcels, storm ponds and wetland mitigation. • Discussions with MnDOT regarding amounts and locations of off -site flows from I-94 that flow onto the property that will have to be addressed. • Development of a concept roadway connection plan for the retail mall road on the south. DRE contacted mall representatives for agreement. The mall has not responded to date to the road plan. • Coordination with architects retained by the prospective users to provide concept lot layout and grading information. • Preparation of initial cost estimates for roadway and associated utilities. Industrial & Commercial Real Estate 7535 NE River Road • Elk River, MN 55330.763/441-3700 • fax 763/441-3751 • darkenwaiditorldnet.att.net * www.darkenwaldrealestate.com n Ms. Linda Goeb City of Albertville June 1, 2001 Page 2 3. Kjolhaug Environmental has been contracted to provide wetland design and permitting services for the parcel. To date, Kjolhaug has reviewed the project and provided preliminary design information for wetland impacts and mitigation alternatives. 4. Geotechmcal firms have been contacted regarding the completion of soil borings and a geotechnical report for roadway and individual lots' pad design. A firm will be contraded shortly, the soil borings are expected to be completed in a few weeks. RLK Kuusisto has been requested to continue with the development process for the project, and will continue with the following tasks: • Clarify anticipated costs for than infrastructure within than project with soils information. • Prepare a concept plan for review at Planning and Zoning Meeting on June 13th and the subsequent City Council meeting. • Begin work on than preliminary platting for the property and concurrent site planning, anticipating a submittal to the city by July 5 , and subsequent approval • by early or mid -September 2001. Please consider this extensive level of work by DRE as a serious commitment toward the development of the project. If you have questions or require additional information, please contact me. Sincerely, Dark Estate Darkenwald President Enclosures: • Copy RLK Kuusisto letter to Braun requesting soil boring and geotechnical report • Concept of preliminary plat • Copy of preliminary plat in relation to entire 110 acres as laid out in Pete Carlson's feasibility study Cc: Michele Caron, PE, RLK Kuusisto, Ltd John Dietrich, ASLA, RLK Kuusisto, Ltd. /0 � - =U-4r— Irr Engineering - Planning - Surveying • Landscape Architecture L, L May 30, 2001 by Bmi de FAX 763-SS"720 G1+61r Cox►tuhamts 'tom Hinkcmcyer FAX 32"53.3050 Sra m Inva tx Re: Roden Property - Darketwald DevelopMut An,acMUC, MN Regnest for proposal — Son Borimp and Geotechnical Report As i previously. we we solicitint � to � of snit bariags and associated mwww ad report for do Roden PtoPecty i8 Ate. Dubmwald Real Ss" is clam* p Wwbg wept plans and p rehminuy platting i8r a conm>rsr W developrent on appcoxbomsaety 25 acm of pcopett3► as shown on this adaeh ed "'bit meta. That is a potential for future work drat would inehWe do remainder of rite +-110 acres of property outlined on rho attaehmcut. e of Worms Please pmvidc a soaps of work and cost estinte by end of day Friday. June 1. 2001 to cormpkte the scope of work as follows: • god as noted an 00 atrrhnent- • Assoc amd amble to include ids of soil con a an work antickpah acceptability of borrow for 611 u0der building pdst ttmdurays, and bnildW pad and pavemam secdW m&V*de recommendations. • Preparation of a gooteclsdcal report. Proposed boring latations are sbown in anticilumd roadway loca ovs, Potential soil borrow/ wetland mitigation kwmb= and potenial bWldiagg pad Iocabom on each of the curet project lom melt Schedule Inftiatjjormmn uv3udjqg prdl"nary ration of soil correcouon work requirod for building lads/ roadways and acceptability of borrow is raptired Prior to June 22, 2001. The tcotabnical report should be complete by June 30, 2001. The proposal sbouid include confirmation that you Can meet the proposal salwMe. If you have questions or require addition! h9brrrnaion. Pie contact me. Sincerely, RLK-Knudsto, Ltd. UFA& azeN Michelle Jackson Caron, PE Senior Professiomi Engineer Attachment Cc John Dietrich, ASLA, RI-KAuusisto, Ltd WcotaAWW REP 3--30-01 Offleex Hibbing • Minnetonka • SG Paul • .Bain Pons (952) 933-0972 . 6@0 glue Circle Ork4e - Suite 100 • Minnetonka. MN SS343 - FAX (952) 933-153 Eq" Opp wivnity Employw 115 ACRES OF COMMMUL AND DMUSTR M REAL ESTATE c 70th S oyy SITE ty cO MALL COUNTY ROAD 37 MALL 90 NAT[ONAL RETAIL STORES N 60TH STREET NE k44S N ST. CLOUD 3 SAY 10 � { © 0 ELK RIVER o� ROGERS u —115 ACRES OF COMMERCUL AND MAPLE GROVE I- INDUSTRIAL REAL ESTATE. MINNEAPOLIS a +N+U —1e one a N�3Fq Do 03 �aQ N` -ld ld30N00 TlV/ 13AO �•�•�� Dlosauu!yj 'apinIJagIV I1 1 Q 03NJIS30 31d1S3 -lV36 O-Ib'MN3>16da SNOISVi38 ,l3nans Aid3dOdd N3408 Z W F- W U ry z 'aAb Xndaevi / 6L 'ON JkVMHJIH )u Nnoo rium Oaf 1 w clV l I f5r ron-srwsm.Qw1�-_r xr•sw-wrr3ew,.-.-� 7 Z Q Z Z - -------- : I ry 00 w __-'" IINNNHNIHH < w �- w � w Wow w p Q Z W Z ; {NfNHfNNNN' 1 (� � � � i ' QZD 1-2' Wes ' a O� �I p U� W p W I .�-J41N�lIHNlIN _ w F— cn cc w p 1. IHNHIFNHHN Z Z ��-- NHHNHNNHI '� I (IfJ m CL m O Q ryI- O ry O w p Ch p l I Q> -- m t � f I1jII _ J I� U '1 i 1 ' • DIVERSIFIED INSPECTION SERVICES 1021 100th ST. NE. Monticello, MN. 55362 295-6099 May 30, 2001 Honorable Mayor John Olson cot City Council Please except this as official notice of my intent to terminate the Inspection Contract between The City of Albertville and Diversified Inspection Services effective July 31; 2001. As a condition of this termination I would like to complete all projects that I have issued permits for to simplify the transition. If you should have any questions for me or would like any assistance in the hiring process of a new Building Official feel free to contact me. Sincerely, a • PILOT LAND DEVELOPMENT COMPANY April 18, 2001 Mr. Jon Olson, Mayor Ms. Linda Goeb, Administrator 5975 Main Avenue NE. Albertville, MN 55301 RE: Park fees satisfaction for Parkside Commercial Lot 2. Block 1. Albertville Dear Mr. Olson, Ms. Goeb and Members of the Council: This letter is to confirm the value of both market and taxable value as assigned by Wright County Assessors for the above parcel. This value is to comply with our development agreement language to forward the determined value upon receipt in order to pay the City 10% of the parcel value as platted prior to July of 2001. The Council accepted use of the County Assessor values when we had concerns about Cedar Creek Golf Course's raw as platted value back in 1998. It is the responsibility of the County Assessor to fairly and professionally assign value to various parcels, using accepted criteria of surrounding market and similar parcels. It is not the practice of City Attorneys to create assessed market values or speculate on sale values. The City Code is clear that the parcel has a park fee obligation on the value as platted. The plat occurred in 2000, and the assessor has made his determination for taxes due in 2001. Please accept this information and send us a confirmation of your acceptance. Pilot Land has been very fair throughout our development history with Albertville. We hope the City will follow past precedent and accept the Assessor's valuation of this property. Please let me know if I should attend a meeting to discuss this item. Sincerely, Donald Jense Land Development Director cc: Kent Roessler — Pilot Doug Gruber — County Au litorlTmauvr parkfees.doc 13736 Johnson Street NE - Ham Lake, MN 55304 - 763-772-1001 - Fax: 763-757-4094 f STATE COPY If this box is checked, you ENCLOSE THIS COPY WITH owe delinquent taxes. FORM MPR WHEN FILING❑ FOR A REFUND FROM THE MINNESOTA DEPARTMENT OF REVENUE PROPERTY LD: • TPIM LAND DEVELOPMENT CO 13736 JOHNSON ST NE HAM LAKE MN 55M TAXPAYER COPY TAXPAYER: PILOT LAND DEVELOPMENT CO 13736 JOHNSON ST NE HAM LAKE MN 55304 (PR70PERTYLD: R10f-076-001020 SECT-02 TWP-120 RANGE-024 PARKSIDE COMMERCIAL CENTER LOT-002 BLOCK-M TAX DES(-: STATEMENT OF PROPERTY TAX PAYABLE IN 2001 WRIGHT COUNTY, MINNESOTA 2000 2001 Estimated Market Value: WA 56,500 New Improvements: WA Taxable Market Value: WA SGAW M-1PR Line I Amount: $ M-IPR Line 2 Amount: $ WA Line 6 Amount: WA 1,782.00 Property Class: COMM/PREF RES NOWHSTO STATEMENT OF PROPERTY TAXES PAYABLE IN 2001 4 �4t Y °� Wright County 2 DOUGLAS M. GRUBER = A AUDITOR/TREASURER 0 p 10 SF.('t IND STREET N.W., ROOM 232 BUFFALO, MN 55313-1194 Y 78156 d (763)682-7573 or (763)682-7572 61849 36491 2060 2001 %lewivifn vunikittt"! "Y'" */A Estimated Market Value: WA 56,500 'ia`xnbfe'°1�isf'afti�'.,;„t,,;".'.--•�,-WAT,,�",,�",`�,,"�� Property r, Class: COMM/PREF -. -. - _�...... _ tee• .. .� <,.�, .:,..,,,, , :w� . �-. � .. �....... s. T OW Pmpeny mx ucmv rouumm oy manvp— awa — --- N/A 2.,510.4/ 4. Aid Paid b the state of Minnesota to reduce roonrro tax. S. t redita "itt"a seta to tetit�eiHv A 0.00 A. Education homestead credit and education agricultural credit. W "�dtet cret�ifs"k' n 0.00 6 ax after reduction bate-gatd aids and credits. $ A $ r 782.00 - - , - Yuur�, er*s x ,err °s=+^-°mac*='.'.'e'----•me�n^^s,..- .....,,, ...._....a....«..c•.n a'*s^ ,. ^;..tea.. Where Your Property Tax Dollars Go .--,...m-,4 n:WA ,975 NZA 8.. City or Town. ALBER MLLE CITY OF WA .7- , 9. � State I)ttfetriii vy N/A 335M B. Voter Approved Levi 3 £ WA^ "t " _ v " - 02 e� iertea WA.00 10 Special Text Districts A OAO; C. - w0.00 mT It. Na-school voter eTo , jeferenda levies WA 00 x Z 177 12. Tottil'pioperly ei ore ttpecial isseaameeia: `$ .S 14. Your total property tax and special assessments. $ N/A $ r Please save this tax statement for future Pay this amount no liner than MAY 15 $ 891•00 reference. Pay this amount no later than OCTOBER 15 $ 891.00 You may be eligible for one or even two refunds to reduce your property tax. tied the hack of this statement to find out how to apply. PAYABLE 2001 STUB 2 SECOND HALF DUE OCTOBER 15 PAYABLE 2001 STUB I FIRST HALF DUE MAY 15 PROPERTY I.D.: R101-076-001020 PROPERTY I.D.: R101-076-001020 COMM/PREF COMM/PREF REAL ESTATE REAL ESTATE BILLM 51It49 fiA1TAZAMt BILLN:51849 RUTAXµR TAXPAYER Ili 36491 1,782.00 , TAXPAYER / 36491 $ 1,782 00 PILOT LAND DEVELOPMENT CO SEOW HALF TAXAMT PILOT LAND DEVELOPMENT CO FIMTHALF TAXAW _ 891.00 ` $ .' 891A0 Poll TOTAL >. • TOTAL _ . - PLEAS INDICATE ADDRESS CHANGE ABOVE PLEASE INUICATE m �' 1^iS CHANGE ABOVE