2001-06-18 CC PacketALBERTVILLE CITY COUNCIL
AGENDA
June 18, 2001
7:00 PM
1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA
2. MINUTES
(a) June 4, 2001, City Council Meeting
3. CITIZEN FORUM — (10 Minute Limit)
4. CONSENT AGENDA
(a) Approve payment of claims
(b) Approve request from Mary Kraus, Burger King Area Manager, to set up an outside
food trailer at the Outlet Mall property for the Grand Opening of Phase II (June 29 —
July 4)
(c) Approve request from Leuer-Munstertieger Properties, Inc. to reduce Letter of Credit
#18788503 from the original amount of $832,762 to $625,885 (Heuring Meadows
Addition)
5. DEPARTMENT BUSINESS
a. Fire Department
b. Public Works
(1) Public Works Report
(2) Wastewater Treatment Facility Report
(3) Recommendation on additional street lights
C. Planning & Zoning
(1) Minor Variance Request
• Don's Auto Service & Repair, Inc.
(2) Towne Lakes
• Rezoning from R-1 A to PUD
♦ Ordinance No. 2001-3 (An Ordinance Changing the Zoning of Certain
Land in the City of Albertville, Minnesota)
• Variance under the Shoreland Regulations
• Final Plat
• Developer's Agreement
(3) Concept Plan — Roden Property (Darkenwald Real Estate)
(4) Discussion regarding amending setback requirements
City Council Agenda
June 18, 2001
Page 2 of 2
d. Engineering
(1) Street Lighting Proposal for CSAH 19/37, Main Avenue NE, and 57`h Street NE
(2) Cost Estimates — Abandoning storm sewer line through Peterson property
(3) Drainage Problems — Costs to correct
(4) 2001 Street Overlay Project —Bids
• Resolution #2001-14 (Resolution Accepting Low Bid — 2001 Street Overlay
Proj ect)
(5) Bid — Savitski/Towne Lakes Lift Station
(6) Update on 57th Street Hydrant
e. Legal
• None
f. Administration
(1) Sandy Greninger & Peggy Kauffinan — FYCC request for funding
(2) Skateboard Park possibilities (Councilmember Berning)
(3) Selection of broker to market city property
(4) Discussion on portable signage (Councilmember Franklin)
6. ADJOURNMENT
ALBERTVILLE CITY COUNCIL jow�
i June 4, 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 by adding the following::
• Item 5d(3) Street Light County Roads 19/37
• Item 5f(4) Weeds in Westwind
• Item 5f(5) Water Tower Property
Wallace made a motion to adopt the agenda as amended. Franklin seconded the motion.
All voted aye.
The May 21, 2001 minutes were amended as follows: Paragraph 11, page 3 of 4. `Vetsch
made a motion to approve the 6-inch water main extension. Mayor Olson seconded the motion.
Berning, Wallace, Vetsch and Olson voted aye. Franklin voted no. The motion carried."
• Berning made a motion to approve the minutes of the May 21, 2001, meeting as amended.
Franklin seconded the motion. All voted aye.
Mayor Olson asked if anyone wished to address the Council under Citizen Forum. No one
in the audience wished to address the Council at this time.
Wallace requested that Item 4(c) under Consent Agenda be pulled and discussed under
Administration.
Berning requested that Check # 14665 be removed from the Consent Agenda and placed
under the Administration department.
Vetsch made a motion to approve payment of Check #'s 14649 to 14664 and Check #'s
14666 to 14677 and Check #'s 14685 to 14686 as presented. Wallace seconded the motion. All
voted aye.
Vetsch made a motion to approve the Application for Exempt Permit to allow a raffle for
North Hennepin Community College Foundation at the Cedar Creek Golf Course on Monday
June 25, 2001. Wallace seconded the motion. All voted aye.
Public Works Supervisor Guimont gave a report on the Tree Trust Program provided by
Xcel Energy. Xcel will contact property owners who's trees intrude upon the power lines. Upon
securing permission from the property owner, Xcel will remove those trees at no cost to the
Albertville City Council Minutes
June 4, 2001
Page 2 of 5
property owner and will pay $200 to the City to purchase replacement trees. The City would be
obligated to grind the stump and could replant one tree on the property. The City could then
plant the remaining tree wherever there is a need. Berning made a motion to motion to accept
the Public Works Report -Tree Trust program with the exception that the City would remove the
stumps only and the property owners would plant their own trees. Franklin seconded the motion.
All voted aye.
Tim requested authorization to purchase a plow truck from Boyer -Ford with the plowing
attachments from J-Craft at a cost of $92,889.28, plus tax. The truck would be purchased under
the state bid. Tim explained that he would keep the orange 1979 snowplow as a spare. Berning
would like to see the maintenance records on the City 1979 orange plow truck. He would prefer
to trade the plow truck in, partially because of the lack of indoor storage.
Vetsch made a motion to have the Public Works Committee discuss the possible purchase
of a plow and make a recommendation to the Council. Franklin seconded the motion. All voted
aye.
Wallace made a motion to have the Public Works Committee discuss the purchase of a
John Deere 4400 Utility Tractor and make a recommendation to the Council. Franklin seconded
the motion. Olson, Wallace, Berning and Franklin voted aye. Vetsch voted no. The motion
carried.
Tim requested that the Council authorize someone in the office to issue burning permits.
City Administrator Goeb explained that residents call to obtain a burning permit at the offices
and then Tim as to be contacted to issue the permit. The Council will require a 24-hour waiting
period.
The Council would like to discuss the Public Works Department's recommendations on
adding more streetlights at the next Council meeting.
Franklin made a motion to accept the Public Works Report with the additional discussion
at the Council meeting. Berning seconded the motion. All voted aye.
City Planner Sherman reviewed the final plat of the Hinks-Brecht Addition (Ashley Homes
Store) with the Council. Franklin made a motion to adopt the Findings of Fact & Decision,
approving the final plat of Hinks-Brecht Addition as presented. Wallace seconded the motion.
All voted aye.
City Attorney Couri reviewed the Developers Agreement for the Ashley Home Store. The
development is under the umbrella of the Outlets of Albertville PUD/Developers Agreement.
Franklin made a motion to approve the Developer's Agreement for the Ashley Home
Store. Berning seconded the motion. All voted aye.
•
Albertville City Council Minutes
June 4, 2001
Page 3 of 5
City Planer Sherman reveiwed the final plat of Heritage Commons. Dynamic Designs
Land Company is seeking final plat approval, comprehensive plan amendment, and rezoning.
Franklin made a motion to adopt RESOLUTION #2001-13 titled A RESOLUTION OF
THE CITY OF ALBERTVILLE, WRIGT COUNTY, MINNESOTA, TO AMEND THE
COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION OF
PROPERTY WITHIN THE PROJECT KNOWN AS HERITAGE COMMONS. Wallace
seconded the motion. Franklin, Wallace, Berning and Olson voted aye. Vetsch voted no. The
motion carried
Wallace made a motion to approve the ORDINANCE #2001-2 titled AN ORDINANCE
CHANGING THE ZONING OF CERTAIN LAND IN TH CITY OF ALBERTVILLE.
Franklin seconded the motion. Wallace, Franklin, Olson and Berning voted aye. Vetsch voted
no. The motion carried.
Franklin made a motion to adopt the Findings of Fact & Decision, approving the final plat
for the Heritage Commons Development. Wallace seconded the motion. Franklin, Wallace,
Berning and Olson voted aye. Vetsch voted no. The motion carried.
City Attorney Couri reviewed the Developer's Agreement for the Heritage Commons
Development. The development is exclusively a "Senior - 55 and over" project and wording has
been inserted in the agreement to assure that it will remain "senior" housing. A townhouse
association will be created to enforce its regulations.
Berning made a motion to approve the Developer's Agreement for the Heritage Commons
Development. Franklin seconded the motion. Berning, Franklin, Olson and Wallace voted aye.
Vetsch voted no. The motion carried.
City Engineer Carlson discussed the Industrial Road layout for the property north of the
Outlets at Albertville. Carlson feels that the layout or alignment to the north allows more
flexibility as to lot sizes but construction costs of either layout would be approximately the same.
The Council reviewed the documentation presented by Darkenwald Realty as to their
commitment to developing the property west of the city property when the road is extended.
John Darkenwald stated that a Soil Engineer has since been contracted to perform soil tests on
his property. The property has already been delineated.
The Council was satisfied that the Darkenwald project is proceeding simultaneously with
the city project and will likely be bid together.
Berning made a motion to authorize City Engineer Carlson to proceed with plans and specs
designed with the street location in the middle of the property. Franklin seconded the motion.
Olson, Berning and Franklin voted aye. Wallace and Vetsch voted no. The motion carried.
•
Albertville City Council Minutes
June 4, 2001
Page 4 of 5
The Council agreed to proceed with marketing the city property. A workshop meeting was
scheduled for Monday, June 11, 2001, at the City of Albertville Council Chamber to consider
proposals for marketing the property. John Darkenwald, owner of Darkenwald Real Estate
(DRE), told the Council he would market the property for a 10% commission. If a co -broker is
used, the commission would be 7%. City Administrator Goeb will contact other agents to
discuss their proposals for marketing.
City Engineer Carlson was directed to put a plan together for street lighting along the
CSAH 19/37 intersection, Main Avenue and 57L' Street NE for the Council's review.
Berning made a motion to have City Engineer Carlson get cost estimates on revising storm
drainage and abandoning existing storm sewer through Peterson property. Wallace seconded the
motion. All voted aye.
The Council accepted Kevin Mealhouse's notice to terminate his building inspection
services contract with the City effective July 31, 2001. Vetsch made a motion to authorize the
City Administrator to advertise for a building inspection contract. Berning seconded the motion,
All voted aye.
Franklin made a motion to advertise for sale the Barthel house to be moved off the site and
to notify Albert and Pam Barthel of the city's intention to sell the house for relocation. Wallace
seconded the motion. All voted aye.
Berning made a motion directing staff to investigate costs associated with renting the
Barthel house if it does not sell. Costs to be included are (1) Management Co; (2) Property
Taxes; 3) Property Insurance; 4) Condition of Appliances/Fixtures. Vetsch seconded the
motion. Berning, Vetsch and Franklin voted aye. Wallace and Olson voted no. The motion
carried.
City Administrator Goeb explained that the Parkside Commercial Developers Agreement
already outlines the method of determining park dedication fees. The Council may choose to
modify that agreement as requested by Pilot Land Development Company. The Council chose to
take no action.
Staff will check lots in Parkside P Addition to ensure that property owners are complyng
with the weed and grass ordinance.
City Attorney Couri will be prepared to discuss the city's water tower lot at the first
meeting in July 2001.
Franklin made a motion to approve the Off -Sale 3.2 Malt Beverage License for MDC
located at the Albertville Mobil Station. Berning seconded the motion. Franklin, Berning,
Vetsch and Olson voted aye. Wallace voted no. The motion carried.
1i
Albertville City Council Minutes
June 4, 2001
Page 5 of 5
Berning made a motion to approve Check #14665
voted aye.
aye.
•
Franklin seconded the motion. All
Wallace made a motion to adjourn at 9:30 PM. Berning seconded the motion. All voted
John A. Olson, Mayor
Linda Goeb, City Administrator
•
•
CITY OF ALBERTVILLE
Check Detail Register
Check Amt invoice Comment
10100 Security State Bank
aid Chk# 014687 6/18/01 ALLINA BEHAVIORAL HEALTH SERV
E 101-43100-208 Training and Instruction $189.00 June 2001 Behavioral Training (Medical)
Total ALLINA BEHAVIORAL HEALTH SERV $189.00
Paid Chk# 01 4M 6J 1 UNIFORM SERVICES
E 101-43100-417
Uniform Rentals
E 602-49400-417
Uniform Rentals
E 101-45100-417
Uniform Rentals
E 601-49450-417
Uniform Rentals
Total
ARAMARK UNIFORM SERVICES
Paid 014689 6/18/01 CARQUEST
$36.56 June 2001
Uniform - P Works
$36.56 June 2001
Uniform - WWTF
$36.57 June 2001
Uniform - Parks Dept.
$36.57 June 2001
Uniform - Water
$146.26
E 601-49450-404 Repair/Maint - Machinery/Equip $139.28 June 2001 Fittings / Mics. Repairs
Total CARQUEST $139.28
Paid Chk# 014690 6118/01 CENTRAL RIVERS COOPERATIVE
E 101-45100-210
Operating Supplies (GENERAL)
$8.80
F00865
Bam Lime
E 101-45100-210
Operating Supplies (GENERAL)
$234.98
F01017
Urea (46-0-0) Lime
E 101-45100-210
Operating Supplies (GENERAL)
$154.57
F01427
Class 40A 2.5 Gal
E 101-45100-210
Operating Supplies (GENERAL)
$47.93
F10488
CRC Mix
Total CENTRAL RIVERS COOPERATIVE
$446.28
Paid Chk# 014691 6118/01 CJ'S LINEN SERVICE
E 101-42000-200 Office Supplies (GENERAL) $42.60 15757 2/Fire Suits (8-pcs)
Total CXS LINEN SERVICE $42.60
Pad Cbk# 014 2 6/18/01 CONSTRUCTION BULLETIN
E 101-41100-351 Legal Notices Publishing $122.25 1752779 2001 Savitski Lift Station
E 101-41100-351 Legal Notices Publishing $122.25 1760414 2001 Savitski Lift Station
Total CONSTRUCTION BULLETIN $244.50
Paid Chk# 014693 6/18101 COUR18 MACARTHUR
E 450-49000-304
Legal Fees
$110.00
June 2001
E 451-49000-304
Legal Fees
$82.50
June 2001
E 429-49000-304
Legal Fees
$19,970.13
June 2001
E 45649000-304
Legal Fees
$1,210.00
June 2001
E 101-41600-304
Legal Fees
$467.50
June 2001
E 410-47000-304
Legal Fees
$137.50
June 2001
E 101-41600-304
Legal Fees
$110.00
June 2001
E 451-49000-304
Legal Fees
$27.50
June 2001
E 101-41600-304
Legal Fees
$82.50
June 2001
E 440-49000-304
Legal Fees
$110.00
June 2001
E 429-49000-304
Legal Fees
$82.50
June 2001
E 406-47000-304
Legal Fees
$55.00
June 2001
E 452-49000-304
Legal Fees
$55.00
June 2001
R 101-34103 Zoning and Subdivision Fees
$55.00
June 2001
E 601-49450-300
Professional Snrs (GENERAL)
$27.50
June 2001
E 101-41600-304
Legal Fees
$82.50
June 2001
Total COUR18 MACARTHUR
$22,665.13
AV 3rd
Mobil Gas Station
Hwy 37/19 Improvement
Towne Lakes Development
General Services
Mold -Tech TI F
Industrial Park
Albertville Plaza
Heritage Commons
Casey's General Store
Ashley Home Stores
TIF #6
Highway 19 Signals
Highlands 3rd Add't
Lift Stations
Highway 18
Page 1 of 6
CITY OF ALBERTVILLE Wednesday, June 13, 2001
Check Detail Register Page 2 of 6
Check Amt
E 101-45100-415 Other Equipment Rentals $185.96 154572 Air Compressure/Retaining Wail
E 101-45100-415 Other Equipment Rentals $118.39 155052 Pressure Washer
Total CROW RIVER RENTAL, INC. $304.35
Paid Chk# 014696 6/18/01 DAVIES WATER EQUIPMENT CO.
E 602-49400-250 Meters for Resale $653.85 3062588 1-1/2" Meters
Total DAVIES WATER EQUIPMENT CO. $653.85
Paid Chk# 014697 6/18/01 DEMMER, NORMAN
E 101-41940-405 Repair/Maint -Buildings $456.00 5056 Crushed concrete
Total DEHMER, NORMAN $456.00
Paid Chk# 014698 6/18/01 DESIGN ELECTRICAL CONTRACTORS
E 452-49000-306 Planning Fees $19,058.33 Pay No. 1 Control Signal/Hwy 19
Total DESIGN ELECTRICAL CONTRACTORS $19,058.33
Paid Chk# 014699 611&01 DIVERSIFIED INSPECTION SERVICE
G 101-20801 Inspection Fees Payable
$18,285.40
1666
Building Permits
Total DIVERSIFIED INSPECTION SERVICE
$18,285.40
Paid Chk# 014700 6118101 DJ'S TOTAL HOME CARE CENTER
E 602-49400-210
Operating Supplies (GENERAL)
$15.73
June City
Misc. supplies
E 101.45100-530
Improvements Other Than Bktgs
($32.86)
June City
Credit Memo
E 101-45100-530
Improvements Other Than Bkigs
$159.70
June City
Misc. Park supplies
E 101-41940-405
Repair/Maint - Buildings
$48.43
June City
Supplies for retaining wall
E 101-45100-210
Operating Supplies (GENERAL)
$34.77
June City
Handicap sign/hardware
E 601-49450-210
Operating Supplies (GENERAL)
$29.66
June City
Misc. supplies
E 101-43100-215
Shop Supplies
$20.00
June City
Misc. PW supplies
E 101-45100-210
Operating Supplies (GENERAL)
$17.96
June City
Misc. supplies
E 601-49450-210
Operating Supplies (GENERAL)
$17.42
June City
Misc. Tools
E 101-43100-215
Shop Supplies
$9.88
June City
padlock/identifier key
E 101-45100-405
Repair/Maint - Buildings
$7.98
June City
padlock - key
E 101-43100-215
Shop Supplies
$7.23
June City
Sprinkler parts
E 602-49400-408
RIM - Water Services
$7.01
June City
Concrete -water dept.
E 101-43100-215
Shop Supplies
$6.17
June City
Fix -a -flat
E 101-45100-530
Improvements Other Than Bklgs
$14.37
June City
paintbrushes
E 101-43100-215
Shop Supplies
$3.08
June City
lettering kit
E 101-43100-215
Shop Supplies
$4.51
June City
Glovestmens
E 101-42000-570
Office Equip and Furnishings
$66.02
June Fire
May 2001-invoice
E 101-42000-570
Office Equip and Furnishings
$70.35
June Fire
General Office Supplies
E 101-42000-200
Office Supplies (GENERAL)
$41.98
June Fire
Spade Fork Fiber Ace
Total DJ'S TOTAL HOME CARE CENTER
$549.39
Paid Chk# 014702 6/18/01 DON'S AUTO & REPAIR
E 101-45100-212
Motor Fuels
$7.96
1797
Parks Department
E 101-42000-212
Motor Fuels
$52.16
1814
Fire Department
E 101-42000-212
Motor Fuels
$34.41
1819
Fire Department
E 101-42000-212
Motor Fuels
$20.18
1982
Fire Department
E 101-42000-212
Motor Fuels
$29.84
2020
Fire Department
E 101-42000-212
Motor Fuels
$23.85
2021
Fire Department
CITY OF ALBERT VILLE
Wednesday, June 13, 2001
Page 3 of
Check Detail Register
Check Amt Invoice
Comment
E 602-49400-212
Motor Fuels
$71.46 2102/2336
Water Department
E 101.42000-212
Motor Fuels
$50.42 2225
Fire Department
E 601-49450-212
Motor Fuels
$33.46 2362
Sewer Department
E 101-42000-212
Motor Fuels
$36.80 2383
Fire Department
Total DON'S AUTO & REPAIR $360.54
Paid Uk# 0147036/18/01 EARVS
WELDING & INDUSTRIAL SU
E 101-43100-215 Shop Supplies $38.51 1151 Acetylene
Total EARL'S WELDING & INDUSTRIAL SU $38.51
Paid h 014 6/18/01 EOGEN`8 DIRECT SERVICE, INC.
E 601-49450-212
Motor Fuels
$124.45 54209/54333/5 Sewer Motor Fuels
E 601-49450-210
Operating Supplies (GENERAL)
$31.34 54216
Sewer Misc. Supplies
E 101-43100-212
Motor Fuels
$20.98 54224
PW Motor Fuels
E 101-45100-212
Motor Fuels
$43.25 54280
Parks Motor Fuels
E 101-41940-399
Miscellaneous
$86.79 54308
Misc. Paper Supplies
Total
EGGEN'S DIRECT SERVICE, INC.
$306.81
Paid Chk# 014705 6/18/01 EULL, KARLA
E 101-45000-598 Pledges & Contributions $250.00 2000-2001 Albertville Queen Scholarship
Total EULL, KARLA $250.00
Paid Chk# 014706 6/18101 FEDERATED CO-OPS, INC.
E 101-41940-405 Repair/Maint -Buildings $446.28 June 2001 Barn Lime (Barthel Garage)
Total FEDERATED CO-OPS, INC. $446.28
Paid Chk# 014707 6/18101 FEHN GRAVEL & EXCAVATING
E 101-45100.530
Improvements Other Than Bldgs
$651.24 3366 Aglime Red
E 101-45100-530
Improvements Other Than Bldgs
$107.64 3524 Class 5
E 101-45100-530
Improvements Other Than Bidgs
$103.80 35264 Class 5
Total
FEHN GRAVEL & EXCAVATING
$862.68
Paid Chk# 014708 6118/01 FRIENDLY CITY DAYS COMMITTEE
R 101-36200 Donations $2,500.00 2001 Jaycee's - Donation
R 101-36200 Donations $2,500.00 2001 Lions - Donation
E 101-45000-596 Friendly City Days $2,800.00 2001 City Contribution -Friendly Cit
Total FRIENDLY CITY DAYS COMMITTEE $7,800.00
Paid Chk# 014709 6118101 GAGNON PRINTING
E 602-49400-203 Printed Forms
$382.98
14353-54
Meter cards/Utility bills
E 601-49450-203 Printed Forms
$382.97
14353-54
Meter cards/Utility bills
Total GAGNON PRINTING
$765.95
Paid Chk# 014710 6118/01 HAWKINS CHEMICAL, INC.
E 601-49450-216 Chemicals - Alum
$2,182.37
352205
Aluminum Sulfate Liquid
Total HAWKINS CHEMICAL, INC.
$2,182.37
Paid Chk# 014711 6118✓01 HENNEPIN-TECHNICAL COLLEGE
E 101-42000-312 First Responder Training
$161.00
35694
Davis, Arin
Total HENNEPIN TECHNICAL COLLEGE
$161.00
. Paid Chk# 01 712 6/18/01 HIGHLAND BANK
CITY OF ALBERTVILLE Wednesday, June 13, 2001
Check Detail Register Page 4 of 6
Check Amt Invoice Comment
E 323-47000-611 Bond Interest $1,013.18 CUSIP #0132129C1
Total HIGHLAND BANK $1,013.18
Paid Chk# 014713 6/18/01 MIDWEST ANALYTICAL SERVICES
E 601-49450-218 Testing Expenses $529.00 119504 Testing Expense
E 601-49450-218 Testing Expenses $141.00 119696 CBOD/TSS Testing
Total MIDWEST ANALYTICAL SERVICES $670.00
Paid Chk# 014714 6/18/01 MINNCOMM
E 101-43100-321
Telephone
$19.87
20422206019
PW Pager
E 601-49450-321
Telephone
$9.93
20422206019
WWTF Pager
E 602-49400-321
Telephone
$9.94
20422206019
Sewer Pager
E 101-45100-321
Telephone
$19.87
20422206019
Parks Pager
Total MINNCOMM $59.61
Paid Chk# 014715 6/18✓01 MONTICELLO BLOCK
E 101-41100-200 Oftice Supplies (GENERAL) $107.72 9211/9235 Retaining Wall Blocks
Total MONTICELLO BLOCK $107.72
Paid 14716 6118101 NORTHWEST ASSOCIATED CONSULTAN
E 429-49000-306 Planning Fees
E 101-41910-306 Planning Fees
E 101-41910-306 Planning Fees
R 101-34103 Zoning and Subdivision Fees
E 45649000-306 Planning Fees
E 451-49000-306 Planning Fees
R 101-34103 Zoning and Subdivision Fees
R 101-34103 Zoning and Subdivision Fees
E 101-41910-306 Planning Fees
R 101-34103 Zoning and Subdivision Fees
E 101-41910-306 Planning Fees
Total NORTHWEST ASSOCIATED CONSULTAN
Paid Chk# 014717 6/18/01 PATS 66
$4,788.33
10076
Peterson Trial
$293.70
10076
General Services
$528.95
10077
Albertville Heritage
$38.75
10077
Joint Powers Water Board
$570.00
10077
Towne Lakes Final Plat
$365.10
10077
Albertville Plaza
$147.25
10077
JMJ Phase II
$62.00
10077
Highlands 3rd Add't
$38.75
10077
Karstot Cove West PUD
$1,174.36
10077
Ashley Furniture Store
$375.00
10078
General Services
$8,382.19
E 101-43100-212 Motor Fuels $60.85 June 2001 PW Vehicles
E 101-42000-212 Motor Fuels $94.11 June 2001 Fire Dept.
Total PATS 66 $154.96
Paid Chk# 014718 6/19051 PICK'S MANUFACTURING & WELD.,
E 601-49450-404 Repair/Maint - Machinery/Equip $187.34 101570 Skimmer ski/Alum plate
Total PICK'S MANUFACTURING & WELD., $187.34
Paid Chk# 014719 6118101 POSTMASTER
E 601-49450.322 Postage $99.15 2nd Qtr. Postage - Meter Cards
E 602-49400-322 Postage $99.15 2nd Qtr. Postage - Meter Cards
Total POSTMASTER $198.30
Paid Chk# 014720 6118/01 POSTMASTER -US
E 601-49450-322 Postage $116.25 Postage - Utility Bills
E 602-49400-322 Postage $116.25 Postage - Utility Bills
Total POSTMASTER -US $232.50
CITY OF ALBERTVI LLE Wednesday, June 13, 2001
Check Detail Register Page 5 of 6
Chock Amt Invoice Comment
E 10142000-383
Gas Utilities
$46.60
Gas Utilities - Fire Hail
E 101-41940-383
Gas Utilities
$122.46
Gas Utilities - City Hail
E 101-45100-383
Gas Utilities
$126.00
Gas Utilities - Lander
E 101.43100-383
Gas Utilities
$345.00
Gas Utilities - PW Garage
E 101-41940-383
Gas Utilities
$0.00 CR Memo
Gas Utilities- 60th St
Total
RELIANT ENERGY/MINNEGASCO
$640.06
Paid Chk# 014722 6/160-1 SCHAR ER & SONS
E 101-45100-404 Repair/Maint - Machinery/Equip $96.17 247346 belt for John Deere
Total SCHARBER & SONS $96.17
Paid k# 014723 6118/01 SCHUMM ELECTRIC MOTOR SERVICE
E 601-49450-404 Repair/Maint - Machinery/Equip $42.70 28785 Sewer Equip. repair
E 101-42000-404 Repair/Maint - Machinery/Equip $40.00 28816 Repair Fan Motor
Total SCHUMM ELECTRIC MOTOR SERVICE $82.70
Paid h 014724 6/18/01 SENTRY SYSTEMS, INC.
E 101-42000-405 Repair/Maint - Buildings $50.96 267616 Security - Fire Hall
Total SENTRY SYSTEMS, INC. $50.96
Paid EM 01 725 6/18/01 SPRINT -NC
E 101-41940-321 Telephone $200.00 259934 Phone Service
0 Total SPRINT -NC $200.00
Paid Chk# 014726 6/18/01 U. S. POSTMASTER
E 101-41100-300 Professional Srvs (GENERAL) $448.00 July 2001 Postage - Newsletter
Total U. S. POSTMASTER $448.00
Paid Chk# 014727 6/18/01 USF - EDEN PRAIRIE
E 601-49450-404 Repair/Maint - Machinery/Equip $250.16 7296052 Repair GA52B
E 601-49450-404 Repair/Maint - Machinery/Equip $209.97 7427819 Repair/parts
Total USF - EDEN PRAIRIE $460.13
Paid 014728 6118/01 WEBER OIL COMPANY
E 101.43100-212 Motor Fuels
$409.94
40147
PW motor fuels
Total WEBER OIL COMPANY
$409.94
Paid Chk# 014129 6118101 WRIGHT COUNTY AUDITOR/TREASURE
E 101-41550-300 Professional Srvs (GENERAL)
$13,430.75
055-K
2001 Assessment Contract
E 101-41300-433 Dues and Subscriptions
$40.00
2001
Materials Mgmt. Div. Membershi
E 101-42110-307 Police Contract Fees
$19,466.67
Patrol-6
Police Protection
Total WRIGHT COUNTY AUDITOR/TREASURE
$32,937.42
Paid Chk# 014730 6/18/01 WRIGHT COUNTY HIGHWAY DEPT.
E 101-43100-222 Sand & Gravel $117.03 2982 cold mix (ton)
E 101-43100-226 Sign Repair Materials $172.80 2983 Sign repair equip.
Total WRIGHT COUNTY HIGHWAY DEPT. $289.83
Paid Chk# 014731 6/18101 WRIGHT RECYCLING
E 101-43200-308 Recycling Contract Fee $1,957.75 May 2001 Recycling Contract
CITY OF ALBERTVILLE Wednesday, June 13, 2001
Check Detail Register Page 6 of 6
Check Amt Invoice
Comment
Total WRIGHT RECYCLING
$1,957.75
Paid Chk# 014-732 6118101 XCEL ENERGY
E 101-41940-381
Electric Utilities
$20.78
Electric-Park-n-Ride Lot
E 601-49450-381
Electric UtiHties
$1,690.96
Electric -Sewage Plant
E 101-42000-381
Electric Utilities
$284.33
Electric - Fire Hail
E 101-41940-381
Electric Utilities
$163.21
Electrio-City Hail
E 101-45100-381
Electric Utilities
$141.35
Electric-Balifleld-Rink
E 601-49450-381
Electric Utilities
$127.61
Electric -Sewer Lift
E 101-43100-381
Electric Utilities
$87.14
Electric-PW Garage
E 101-45100-381
Electric Utilities
$23.11
Electric-51st St Park
E 101-45100-381
Electric Utilities
$18.84
Electric-58th St Park Shelter
E 101-41940-381
Electric Utilities
$13.67
Electric-6ft Street
E 601-49450-381
Electric Utilities
$12.82
Electric•Cty Rd 18 Sewer
E 101-45100-381
Electric Utilities
$7.02
Electrio4=2 Main
E 101-41940-381
Electric Utilities
$3.14
Electric -Defense Siren
E 101-43160-381
Electric Utilities
$3,332.64
Electric -Street Lighting
E 601-49450-381
Electric Utilities
$86.72
Electric-52nd St.Uft Station
Total XCEL ENERGY
$6,013.34
10100 Security State Bank $130,946.61
•
y6
•
June 4, 2001
City of Albertville
Attn: Unda
5975 Main Avenue
Albertville, MN 55301
Dear Undo,
My name is Mary Kraus. i am the Area Manager for the new Burger King soon to
open in the Albertville mall.
It was the plan of Dolphin Fast Food to open in time for the Grand Opening
celebration the mall is having. Due to the weather we will not be ready to open.
The purpose of this latter is to get your permission to set up an outside food
trailer during the time of the celebration. We would be selling Whopper
sandwiches, fries and ekes. We feel this is an important part of the mall
celebration and would like to be able to participate.
Thank you for your consideration.
Sincerely,
Mary K us
Area Manager
MKKAjb
•
coin "M tea, Me.
258 HSAWW Av M • MAnne OS. Mir =tl 55401 • (612) 338-4220
A ftWft of 9jW OV Corpor a+
CITY of ALBERwmLE
• MEMORANDUM
TO: Mayor and City Council
FROM: Tim Guimont, Public Works Supervisor
DATE: June 15, 2001
SUBJECT: Public Works/Parks Maintenance Report
STREETS DEPT. — The only place I thought there may be a need for a street light is
on the corner or Kalenda Drive and Kalland Avenue near the Westwind Park
PARKS MAEMNANCE — The City Parkk hockey rink looks like it could use a
repainting. I would like to have sentence -to -serve kids repaint the inside of the hockey
rink this summer. Are there any plans in the near future to remove the hockey rink?
BACKYARD DRAINS — I have received one quote for 54V2 Street and 55'h Court to
• complete both jobs for $5,000. I would like to get at least one more quote for this job. I
figure we could do this job for about $1,800.
•
TG:bmm
BridW's U' C:\MY DoeMMU\PU tie w«ks Repafs\2WI RgMU\ew-rR ReP0rt s-u-oi.d0C
SL Cz)
CITY OF ALEERTWLLE
• MEMORANDUM
TO: Mayor and City Council
FROM: John Middendorf', Wastewater Department
DATE: June 15, 2001
SUBJECT: Wastewater Treatment Facility Report
Construction is continuing on the Wastewater Treatment Plant. All the wet weather has ,
slowed the construction down a little.
There was a mechanical joint on the fire hydrant located on 57 h Street and Lambert
Avenue that was leaking. It has been repaired.
I have been out doing some cleaning with the jet truck.
The monthly report to the state is completed and available for reviewing at the City Hall.
Continuing to do daily, weekly and monthly duties.
•
JM:bmm
0
NORTHWEST ASSOC
IATED CONSULTA C
(A)
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.505.9636 Facsimile: 952.595.9837 planners@nacplanning.com
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
BACKGROUND
Albertville City Council
Cindy Sherman
June 13, 2001
Albertville — Towne Lakes Final Plat
163.06 — 01.04
Contractor Property Developers Company (CPDC) has submitted an application for
iFinal Plat, rezoning/planned unit development, and Comprehensive Plan amendment.
The request is being made to allow the development of the first phase of the Towne
Lakes neighborhood.
The City Council approved the preliminary plat and development plan in 2000. Since
that time staff has been working with the applicant to refine issues related to the
shoreland regulations, the development plan, and the development agreement. Many
of the details of the development plan have been articulated in the development
agreement and the related attachments.
Consistent with similar applications, the Council took action to conceptually approve the
rezoning with the preliminary plat. However, adoption of the ordinance to rezone the
property occurs with the final plat and as such, an ordinance to rezone the site is
included with this request for Council action.
ISSUES AND ANALYSIS
Comprehensive Plan. The Land Use Plan currently designates this site for low -
density residential use. The plat as proposed is 1.75 units per acre, which is consistent
with the existing land use designation.
Rezoning/Planned Unit Development. The property is currently zoned R-1A and is
proposed to be rezoned to Planned Unit Development (PUD). PUD zoning is necessary
to allow for flexibility in lot areas and dimensions, reduced setbacks, common facilities
to be maintained by a homeowners association, reduced right-of-way widths and street
designs and flexibility under the Shoreland regulations.
Final Plat. The final plat is the first phase of the development and includes 43 lots for
single-family homes and several outlots designated for open space, ponding, or future
development and two park areas. The plat as submitted is generally consistent with the
approved preliminary plat.
RECOMMENDATION
Staff recommends approval of the final plat as outlined in the attached findings of fact.
Staff further recommends that the Council adopt the ordinance to rezone the property.
2
• CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO.2001 - 3
AN ORDINANCE CHANGING THE ZONING OF CERTAIN LAND IN
THE CITY OF ALBERTVILLE, MINNESOTA
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA
HEREBY ORDAINS:
SECTION 1. The property legally described as (see Exhibit A) is hereby zoned from R-
SA, Low Density Single Family to PUD, Planned Unit Development.
SECTION 2. This amendment shall be in full force and effective immediately following
its passage and publication.
Approved by the Albertville City Council this 18tbday of June 2001
CITY OF ALBERTVILLE
John A. Olson, Mayor
ATTEST:
BY:
Linda Goeb, City Administrator
U
EXHIBIT A
EXISTING LEGAL DMCRH ON
Government Lot 4; also Govt. Lot 3 except the North 32 rods thereof; also the West 1 rod of the
East 10 acres of Government Lot 8 in Section 36-121-24 and that part of Government Lot 8 and
any accretions and relictions to Government Lot 8,
Section
County, Minnesota described as follows: Commencing at the Enortheast �corner of the2To nstetof
Hamburg; thence on an assumed bearing of West along the north line of the Townsite of Hamburg
distance of 33.00 feet; thence on a bearing of North, a distance of 11.70 feet to the actual
point of beginning, said point of beginning being on the northerly right of way line of
Interstate Highway 94; thence continue on a bearing of North a distance of 48.30 feet; thence
North 45 degrees 00 minutes 00 seconds West a distance of 198.00 feet; thence on a- bearing of
North a distance of 228 fee€, more or less, to the shore line of School Lake; the_ nce
Afttheasterly along said shoreline a distance of 80 feet, more or less, to a point on the
terly extension of the north line of Government Lot 7; thence South 89 degrees 57 minutes 26
seconds East along said easterly extension of the north line of Government Lot 7 a distance of
30 feet, more or less, to a point distant 2057.49 feet easterly from the northwest corner of
Government Lot 7; thence continue South 89 degrees 57 minutes 26 seconds East a distance of 1;
feet, more or less, to the share line of Mud Lake; thence southerly, southeasterly, and
easterly along said shoreline a distance of 340 feet, more or less, to a point which bears
North 00 degrees 16 minutes 33 seconds West from said northeast corner of the Townsite of
Hamburg; thence South 00 degrees 16 minutes 33 seconds East a distance of 180 feet, more less,
to said northerly right of way line of Interstate 94; thence North 81 degrees 03 minutes 23
seconds west along said northerly right of way line of Interstate Highway 94 a distance of
33.37 feet to the point of beginning.
6-18-01
CITY OF ALBERTVILLE
City Council Findings
of Fact & Decision
Final Plat
Final Plan — PUD
Applicant Name: Contractor Property Developers Company (CPDC)
Request: CPDC has submitted an application for Final Plat and Final PUD plan. The request
is being made to allow the development of Phase One of the Towne Lakes Neighborhood and
is to include the development of 43 single — family lots and related improvements.
City Council Meeting Date: June 18, 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 attached as Exhibit A.
b. The Planning Report, dated June 13, 2001 and prepared by NAC Inc., is incorporated
herein.
0 c. The proposed use is consistent with the Albertville Comprehensive Plan Land Use Plan.
d. The Zoning District designation for the subject site is changed from R-1A to PUD 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 adopted August
21, 2000.
f. The final plat of Towne Lakes is in substantial compliance with the approved CUP/PUD and
preliminary plat.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the final plat and final PUD plan based on the most current plans and information
received to date subject to the following conditions.
1. All conditions of the decision dated August 21, 2000 and adopted on August 24, 2000
remain in full force and effect.
2. The development agreement is executed and recorded at Wright County.
3. The Final Plat is recorded at Wright County.
Towne Lakes Final Plat
Findings of Fact
Page 1
0 Adopted by the Albertville City Council this 18th day of June 2001.
Attest:
M
11
Linda Goeb, City Administrator
City of Albertville
LM
John A. Olson, Mayor
Towne Lakes Final Plat
Findings of Fact
Page 2
EXHIBIT B
TOWNE LAKES
Lot Areas & Setbacks
Phase 1
Lot Area Side Yard Setback Rear Setback Front Build To Line Shoreland
Lot / Block Sq. Ft. Garage/House Lakeshore Lot Interior Lot Garage'*/House Buffer
Lot 1, Block 1
15,618
5 / 10
59
15 / 15
42
Lot 2, Block 1
11,079
5 / 10
57
15 / 15
32
Lot 3, Block 1
10,702
5110
50
15 / 15
25
Lot 4, Block 1
11,915
5 / 10
52
15 / 15
27
Lot 5, Block 1
22,301
5 / 10
65
15 / 15
39
Lot 6, Block 1
12,424
5 / 10
63
15 / 15
40
Lot 1, Block 2
12,530
5 / 10
63
15 / 15
38
Lot 2, Block 2
13,531
5 / 10
63
15 / 15
39
Lot 3, Block 2
12,369
5 / 10
50
15 / 15
29
Lot 1, Block 3 9,600 5 / 10 10 / 25 15 / 15 X
Lot 2. Block 3* 9.000 5 / 10 10 / 25 15 / 15 X
Lot 3, Block 3
15,036
5 / 10
10 / 25
15 / 15
X
Lot 4, Block 3
10,087
5 / 10
10 / 25
15 / 15
X
Lot 5, Block 3*
9,036
5 / 10
10 / 25
15 / 15
X
Block 3 9,727 5 / 10 10 / 25 15 / 15 X
`ot 7, Block 3 9,755 5 / 10 10 / 25 15115 x
Lot 1, Block 4*
9,683
5 / 10
10 / 25
15 / 15
X
Lot 2, Block 4*
9,268
5 / 10
10 / 25
15 / 15
X
Lot 3, Block 4*
9,433
5 / 10
10 / 25
15 / 15
X
Lot 4, Block 4
14,066
5110
10 / 25
15 / 15
X
Lot 5, Block 4
10,730
5 / 10
10 / 25
15 / 15
X
Lot 6, Block 4
11,008
5 / 10
10 / 25
15 / 15
X
Lot 1, Block 5
11,357
5 / 10
53
15 / 15
27
Lot 2, Block 5
11,200
5 / 10
50
15115
25
Lot 3, Block 5
10,878
5 / 10
50
15 / 15
25
Lot 4, Block 5
10,750
5 / 10
50
15 / 15
25
Lot 1, Block 6
11,877
5 / 10
58
10 / 15
34
Lot 2, Block 6
13,028
5 / 10
68
15 / 15
41
Lot 3, Block 6
13,100
5 / 10
69
15 / 15
42
Lot 4, Block 6
12,936
5 / 10
66
15 / 15
41
1 n+ R Rlnrlr F
1 d 7f13
5 / 10
60
15 / 15
35
Lot 1, Block 7* 9,399 5 / 10 10 / 25 15 / 15 X
Mot 2, Block 7 10,051 5 / 10 10 / 25 15 / 15 x
CPDC Page 1 6/13/01
EXHIBIT B
TOWNE LAKES
Lot Areas & Setbacks
Phase 1
Lot Area
Side Yard Setback
Rear Setback
Front Build To Line
Shoreland
Lot / Block
Sq. Ft.
Garage/House
Lakeshore Lot Interior Lot
Garage"Mouse
Buffer
5 / 10
10 / 25
15 / 15
X
Lot 3, Block 7
10,144
Lot 4, Block 7
11,508
5 / 10
10 / 25
15 / 15
X
Lot 5, Block 7
13,838
5 / 10
10 / 25
15 / 15
X
Lot 6, Block 7
10,445
5 / 10
10 / 25
15 / 15
X
Lot 7, Block 7
10,936
5 / 10
10 / 25
15 / 15
X
Lot 1, Block 8*
8,827
5 / 10
10 / 25
15 / 15
X
Lot 2, Block 8*
8,750
5 / 10
10 / 25
15 / 15
X
Lot 3, Block 8*
9,125
5 / 10
10 / 25
15 / 15
X
Lot 4, Block 8
10,140
5 / 10
10 / 25
15 / 15
X
Lot 5, Block 8
11,916
5 / 10
10 / 25
15 / 15
X
Notes:
Rear setbacks are categorized by either riparian or interior lots. On riparian lots the setbacks
listed reflect the overall average dimension per lot, but in no case is the setback
less than 50' from the OHWL at any given point. Interior lots have a 10 foot garage and 25 foot
house rear yard setback.
uffer dimensions listed are measured from shoreline (OWHL) to a proposed monumentation
One.
*Denotes lots with up to 40% impervious surface. The remaining lots shall be 309/6.
** Except when garage faces side street, then the setback is 20 feet.
X denotes not applicable
•
CPDC Page 2 6/13/01
0 page 1
Town Lakes
Project: 99360 Mon June 0414:28: 35 2001
Parcel Area Listing
Parcel name: BI,LI
Perimeter: 492. 4436 Area: 15, 617.5 sq fl. a 36 acres
Parcel name: BI,L2
Perimeter. 434.9822 Area: 11,078.S sq ft. a25 acres
Parcel name: BI,L3
Perimeter. 426.7164 Area: 10,702.1 sq. t. 0.25 acres
Parcel name: BI,L4
Perimeter: 438.8636 Area: 11,915.0 sgft. 0.27 acres
Parcel name: BI,LS
Perimeter. 658.1220 Area: 22,300.7 sq.ft. 0.51 acres
Parcel name: B1,L6
Perimeter. 460.0683 Area: 12.424.4 sq.ft. 0.29 acres
Parcel name: B2,L1
Perimeter. 464.8225 Area: 12,529.5 sq ft. 0.29 acres
JLH-06-2001 15:38 952 937 5822 96% P•04
Parcel name: B2,L2
Perimeter. • 484.4656 Area: 13,S30. 6 sq. t. 0.31 acres
Parcel name; B2,L3
Perimeter: 462.5848 Area: 12,369.4 sgft. 0.28 acres
Parcel name: B3,L1
Perimeter: 400.0000 Area. 9,600.0 sq ft. 0.22 acres
Parcel name: B3,L2
Perimeter: 390.0000 Area: 9,000.0 sgft. 0.21 acres
. Parcel name: B3,L3
Perimeter: 479.8705 Area: 15,035.7 sgft. 0.35 acres
Parcel name: B3,L4
Perimeter: 440.7282 Area: 10,087.3 sgft. 0.23 acres
Parcel name: B3,L5
r Perimeter: 397.8987 Area: 9,036.3 sgft. 0.21 acres
Parcel name: B3,L6
Perimeter: 405.3397 Area: 9, 726.6 sgft. 0.22 acres
Parcel name: B3,L7
JUN-06-2901 15:38 952 937 5822 96% P.05
. Perimeter:403.0912 Area: 9,754.5sq.jt.0.22acres
Parcel name: B4,L1
Perimeter. 402.4771 Area: 9,682.9 sq jt. 0.22 acres
Parcel name: B4,L2
Perimeter: 395.0010 Area: 9,267.E sgft. 0.21 acres
Parcel name: B4,L3
Perimeter: 399. 7584 Area: 9,432.8 sq f t. 0.22 acres
Parcel name: BAL4
Perimeter. 476.6793 Area. 14,065.5 sq ft. 0.32 acres
Parcel name: B4,L5
Perimeter. 420.1364 Area: 10,729.5 sq. t. 0.25 acres
Parcel name: B06
Perimeter.423.9903 Area: 11,007.6s¢ft.0.25acres
Parcel name. BUI
Perimeter: 434.9812 Area: 11,357.0 sgft. 0.26 acres
Parcel name: B5,L2
Perimeter: 429.5290 Area: 11,199.6 sgft. 0.26 acres
JUN-06-2001 15:38 952 937 5822 96% P• 06
0 ------------- - ------------------ - - - - - ---- - ---- - ----
•
•
Parcel name: B5,L3
Perimeter: 425.1182 Area: 10,878.2 sgft. 0.25 acres
Parcel name: B5,L4
Perimeter: 424.3533 Area: 10,749.5 sq.ft. 0.25 acres
Parcel name: B6,L1
Perimeter: 450.9992 Area: 11,877.3 sq.ft. 0.27 acres
Parcel name: B6,L2
Perimeter: 473.1352 Area: 13,028.2 sq.ft. 0.30 acres
Parcel name. B6,L3
Perimeter: 477.6851 Area: 13,100.2 sq.ft. 0.30 acres
Parcel name: B6,L4
Perimeter. 474.4244 Area: 12,936.3 sq.ft. 0.30 acres
Parcel name: B6,L5
Perimeter. 486.8694 Area: 14,282.6 sq.ft. 0.33 acres
Parcel name. B7,L1
Perimeter: 401.9129 Area: 9,398.8 sq.ft. 0.22 acres
SUN-06-2001 15:38 952 937 5822 96% P.07
• Parcel name: B7,L2
Perimeter: 412.6944 Area: 10,050.8 sgft. 0.23 acres
•
Parcel name: B7,L3
Perimeter: 414.3701 Area: 10,143.7 sq. I.0.23 acres
Parcel name: B7,L4
Perimeter: 435.6019 Area: 11,507.6sq. t 0.26acres
Parcel name: B7,L5
Perimeter: 471.3505 Area: 13, 837.7 sq ft. 0.32 acres
Parcel name: B7,L6
Perimeter. 422.3351 Area: 10,445.4 sq ft. 0.24 acres
Parcel name: B7,L7
Perimeter: 435.4712 Area: 10,935.9sq.ft. 0.25 acres
Parcel name: B8,L1
9 Perimeter: 391.5593 Area: 8,827.4 sgft. 0.20 acres
Parcel name: B8,L2
Perimeter. 390.0000 Area: 8,750. 0 sq ft. 0.20 acres
JLN-06-2001 15:39 952 937 W22 96% P.08
Parcel name. B8,L3
Perimeter: 396.0000 Area: 9,125.0 sq ft. 0.21 acres
Parcel name: B8,L4
Perimeter: 421.4670 Area: 10,140.4 sgft. 0.23 acres
Parcel name: B8,L5
Perimeter: 443.8514 Area: 11,916.1 sq. t. 0.27 acres
Parcel name: BOUNDARY
Perimeter: 12913.2692 Area: 3, 715, 001.4 sgft. 85.28 acres
• Parcel name: OUTLOT A
Perimeter: 2736.2579 Area: 54, 730.7 sq.ft. 1.26 acres
Parcel name: OUTLOT B
Perimeter: 1501.9411 Area: 71,666.7 sgft. 1.65 acres
Parcel name: OUTLOT C
Perimeter: 801.6889 Area: 37,075.7 sgft. 0.85 acres
Parcel name: OUTLOT D
Perimeter: 350.3973 Area: 5,817.4 sgft. 0.13 acres
• n.. ..� » N
JUN-06-2001 15:39 952 937 5822 P•09
•
•
Perimeter: 270.8319 Area: 5,089.2 sgft. 0.12 acres
Parcel name: OUTLOT F
Perimeter: 343.6767 Area: 5,392.0 sgft. 0.12 acres
Parcel name: OUIZOT G
Perimeter. 1192.4223 Area: 49,416.9sq. t. 1.13 acres
Parcel name: OU7ZOT H
Perimeter: 10615.5046 Area: 2,340,634.3 sgft. 53.73 acres
Parcel name: OUTLOTJ
Perimeter: 2550.4294 Area: 46, 852.6 sgft. 1.08 acres
Parcel name: PARK I
Perimeter-: 2029.4805 Area: 124,379.4 sq.ft. 2.86 acres
Parcel name. PARK 2
Perimeter. 3977.3556 Area: 233,331.1 sq.ft 5.36 acres
Parcel name: REMAINING
Perimeter: 147.5317 Area: 1,115.2 sq ft. 0.03 acres
Parcel name: STREET 1
Perimeter: 4493.4985 Area: 74,829.2 sqft. 1.72 acres
ANJ-06-2001 15:39 952 937 5822 97i P.10
Parcel name: STREET 2
Perimeter: 1663.0992 Area: 39,061.0 sgft. 0.90 acres
Parcel name: STREET 3
Perimeter. 4901.5484 Area: 132,228.6 sq f t. 3.04 acres
JLH-06-2001 15:39 952 937 5822
P.11
0 o
N
N
�
b
w c
a
°
0 W
U
O O
.
o U m
v
JL
J v
e {
~
o y
G
U 3
y u •�-'N �
c
�
c �
�
v
Eh v U
U
aci
U G
�
•. o
O
a
3
s (
E
o
3\
42
o
m
G
O p D
°4
�Q QV E
o
S
W'N Wb�
e�
:5 o 400 ��
ea
W�2
�
v \
°
O
M
o O .h. V" O� ° YGi 0 � h .G r. b h
O
...
x
C
O p �•b
L { N
°m w�uao&va:000
tv
C
a
F
o°`�
p Cp,�rOj-0O��Z�C iov
vo
y
�
.per
p
Ovp•3G
4 o.F�r.`coo.0
oso,
a°
b
JVL
O UNxOpv hvy00�\
u moo¢-0v yo hoop ..
W.°.
a
�
h gg
o°
yc�.�
O OU°V OU Ow
m3 a.O�t`nhyomc O CE E M$y
N
yGZo
u"
av� U m
g oN� p.c c° o.c y o u` y,r^,vh• o
o�
e
W
D
Q.e �.;
bo
E`
4
O ENO
Er q o O[
C y p^
�.�,
t'^
¢N
C
v
, v
o~ o`'.c.r..m.c4.^.`{'
4
°
W
w o, h
U` a°iba hh
° lb E O v g 0 E 11 U O v M
N v N M v O' O J C N O m
mb
O C
a%
b
°y
x
\
O p
p
U y
O
3 w h
y° OIL
O
M D F q,
°� dW'0
y
101,
v
v
U i
00
Q N
RE
U p
0' E3•`°J.Om`o�do�_mj
�•'
�H3.�
OEO�V E °a1Ow
mopa-i2ZE
yb
ro,
mGwwxEaa. °v.5��$
E
�o p`'WD°°
pba,2
O
M"Eq"
O,xUO;)
pO�•CHhLbU, ^CD
b�Nhp
'oN�p
Obmo
ybO°
°{
NNO�Cw
E
�yNvO
r"7.EO'
�C md"�U••
UmQc
yo`o°
Oiy
pNu
1
V�\OO
:syuE
oy oG3Zav III
J
cam:
c
Oy
tic
a°Gno
p"�v
�N O�'••WO^z�
O m
� y caL. O..,pr�,ab qa 00
O
bvu
�Ob
4w
v0
Cep
o Fe ooOum
>ob
°�
9bi��.L„
a
u.
i�u
NVC2�w.[ vU NOh 33
-0y.v.
U
Dv
3-0
1Y°1-0Cy
�5b mU°
•L C �.' C O L`
�'�oo�M00000°v`�oo
•�o
vo
CO
v�
O v° m
roo�,o
JIN-0U�-0°v`� vN
v
EH�
yy
j 0[1
CL qC
` O O
,e
mb Ua �'L{� D l'� O y(p y N$ O�
a o[Oo o �C
y J-0
�uv
v�
..\,D
cd
t�v.. {
v$�
G E'+O]-0Ov°O�.00lNL vO���.-0{
3 uvv
J
v-0
3b
2
4
°i
yvE
��JC4{
Cahy Oyd'+!D-0JiZiN
�
�a
N
�•�
m E
C°] O� 0 0-0b`'.G. G+{.. a", C24 z G
3
N
v1
� m
ScO��
O'er
Oj�
1<r
vRR
vmbNN
o
x ¢¢
&:
-i
O
O
b
t
N§�
o�
N
N v
0
��-- C 2 c b o 4 OIV 9
• c r.�—. o •� \ a � J � Ip m o �
10
V u �N 4�im m g yco o ,3i
o y v a 2 cc uv I I �o�__ z�
� � o • m ��` W I ^�o% `s
Y
30t
m
II a Ia spy .ri h
h
n o ,
9 P h
q P
Gam"' o I Nl ih �m
.. Lij N I u I Im o h h
P
it
Q 4 W WI� Z Ob$b
yy Fg b h H
w°
00,
i /o auq is—
i 96880N...
OF4•£l M.«.Zto00N
81'L[ZLU
1 \\ c x� // }i _ _ —� _.y.=j Ti1•r_ — — _O
OJ p/ 9 O b OrP v 2 'i 0M1 y
n �1� 11 // �h"`��\/' \� � i � S���R`� .J •'2 // � 2 ^`�So1J8 �/�
130t N2t° pg2'W
N08°56"11"W 9 3 \ u
3 o ro y GG' 12 94.82
3ry11b10 `, NI Io58.59
N$1� II �!d o P h� •,.""� ,PPS o a f i � N�f ' �olro 'o
m�I II �E I' 1'�\ 2 Oa o°� Ih � 2 2 /♦�O� I � x.�ry " h'2 �`
4wo /", e / I
kry17 0.�.y,
p
11
1 � �
._• i ` I a N \ `1 rya°'; �i //
�1
W
W a st
271 p t
gyp=
L a\ry'1-L
a i %
�— -- . -7 _T0951 M„02,11000N
i f P7 ivawui oy !o awl isa•-' 1
r
d = 4°10'32"
L= 23,68
--
-- MATCH LWE ---- I R- J25.00
i i i �' C.B.= S78°1745"E
{ (See sheet 2 of 6 sheets) I , /
{ -MATCH UNE - use fr-(See sheet 2 N__
off 6 - sheets) \
{ 2 .'(See sheet 1 of 6 sheets) {
ae, M"SE.O£e69N
47 ILL
...ib:98 ' W
.7 r
2Val— N86°2956"W Ngge 'p
j � L I
0v..
6
92.29 N87 °6184,W
_. 946;78
4
!i
tly oLyd
$I?D y
\\ (J/ •,1 , i/
I `\�
v / Ip3g %V
54
57O3"W n
\\
- .. ti(n
B
tlo
Cb
/
�
c
m
/IZ,
w
{
N84
40'J4"W
120.00
/
a
34
/
o
,r
a
S'
// - 1J/'. J, /
Ste•
// �3•L69C41 "^ i
� %/$ i
{ J �
eosterty exfmsion of
the north line t I I
Go•emmmt Lot 7
.-south line of Govemmmt Lot 4,
, J / / / Sec. J6, Township 121, Ronge 24.
�
/
� ;
—
1
I
j
n
0 p
r S. Sn
^01'
f�.f
0
Q
I
[
2 ,
O
f���✓"�
O 0 0
m W 0
y y?
CO
O
3 •` �
N o �,
Q�
\
r
I�
I
m r
a ii -•
o
b 4.-„
2 0 �
n
� \
�•
p
�
I o �aob 20
o�O btn
I I q 0 1
m'/1;Ff, STREFT q . 'c#i5':: � �= I I � � .�,. � � U -•.
!g
II
% I I
R
r
a
m
ti
•
o � a'°•
I �o
m gb
i 10
^Rj.q
I
O
0air
-- —
O r
a.00 I T�
/
/
I` 10
/
q
b
2
/
v r
i4
N
b0
a N T�
O by 1
b
m
_
O I
I N I
O�
�44 a,V.4,
A Y /
14
I 4LL
's
g� O
o
/ 4N�
/ N a
/ v a
/ O
/ b
/ / n
-north-esl comline
er or GOO Lot 7, Ot,. 1 / S �P
r Section 36, Township 121. Range 24, 0 O.O�;Or'' �4 South or
eostMy extension oI e north l / :'Ob .Otni SNOti '
r r line or G—emment MGovemmenl Lot 4
Lot 7. p `o is
N89°56'57 f 2057.49—
N89°5726 f (Deed)
�i
r
/ 5g
30
zo
/ � 1
/ T
O
/4 O
R'�o
o
N �
O \
O O O
D \\
0 0
6L \
narrner/pO\
94 srRr'nar�uined Y O
/ A / Tr-- .— T-norlherly line or the ,x O I
V / _ / ;) ^ T ^ T/„ TOWNSI7F OF HAMBURG
L
� W
------------------------------- -
( 32.99�
2
W>=ST
T/lIA/Al^ITF'
lVVVIV�IIL_
—
�ii
I I ! I A A
I I r 7/-I 1 v
F.
i I I I I
I zn
0
i
m
r
€
!
y
5
z
£ e€
fix• � �
� �� �
�h9 Ss
"5 6
xgYh � 4.E 3
$Z8 y 5 0 EB
gg!
•:y€i
'b 3
E8i %j .h s • g
a
'€off � •s x •s.: $�
is f
5€; hg 91
Y-
�g xfr
A x5,� g 8
i 8gg
� � S � n• � 4 E s
m I
2�
�I
i
F
iV
�O
sW=
tl
x�y
o N
d
`s-
a
o�m
•b
a6=o
uoiS
a e.o
e:e
fq{
°
L—
3AVI om
----------------------------
r4
la3 Nd SE:K:a 10/21/90 6-PlIS109E60-009E66-
P:\9?3e0\tlwg\9360 tRLftl.g Ob/I2/01 02:Sd31 PN CDl
BOTH S TREE UN. E.
--- _
70fh ST NF
— — — -- — — — — — — — — -— � --—_— — -----------— — — — — — — ——---————————————————-—
—
i
j 1
i4s '1 ,
FUTURE
STREET J-1
g FORME STREET o-1 1 � /
N ;
— \
o MUD LAKE
SCHOOL LAKE
OHWL=947.3
izog
tb
U � Mqr
P.
�c os�
i dnl
trul
2 j roc
91
r / _
a
Owl I ii (r y cn
ja
X K
_ I
oW
)� o
I � H
W
/ //Oil
LL
cr-
U W �+
J / e lo- uto
Id
\\1 I I I
\\ 9 -- o Lo-u j I I
I I II
I iouno i I
/� II
/ / Z 9
Z
z 5 \\
loon
�- -- -- - ;
- - - - - i - - - d .iouno \\ r�
ono 9 s \\ C )
Z b
bl £ L
LA
d�aapp ' 3, I L m
j
kk
' 4 r
\ r• �i /
9
as
I
�
I
Q�
I
N I
O
IW l
s~
�
O
4-1
v0
o
%+.
m O
�, 0
;
a---
--- -- """" "
ea
R"
P�
d�
$
x
a
a
AG
a
S=
o�m
Lug
o
ono
a
0
s
yHj
ld� Htl 52 BZ 6U IW1/Cl/YY ��,+I M,OYCo.��i .u�ieu��
N
0
t
v
WIR
•
1
U�
•
r-�
F
7J�
5eC2)o.14
CITY OF ALBERTVILLE
MASTER CONDITIONAL USE/PLANNED UNIT DEVELOPMENT
AGREEMENT
TOWNE LAKES
THIS AGREEMENT, entered into this day of , 2001 by
and between Contractor Property Developers Company, collectively 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 and developer of the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which
real property is proposed to be subdivided and platted for development, and which
subdivision, which is the subject of this Agreement, is intended to bear the name
"Towne Lakes" and shall hereinafter be referred to in its entirety as "Said Plat" or
"Subject Property"; and
WHEREAS, Developer has received preliminary plat approval for 131 single
family lots on 85.3 acres as shown on Exhibit G, of which Said Plat is the first phase
of the development of said 85.3 acres; and
WHEREAS, the real property described. in Exhibit A includes said 85.3 acres
over which preliminary plat approval has been granted; and
WHEREAS, approval of a Conditional Use Permit/Planned Unit
Development is required to allow for the aforementioned subdivision proposed by
Developer; and
1
WHEREAS, the City has given preliminary approval of Developer's plat of
Towne Lakes contingent upon compliance with certain City requirements including,
but not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including,
but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading,
sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter
"Municipal Improvements") be installed to serve the Subject Property and other
properties affected by the development of Developer's land, to be installed and
financed by Developer; and
WHEREAS, the City fiuther requires that certain on- and off -site
improvements be installed by the Developer within Said Plat, which improvements
consist of paved streets, boulevards, top soil and sod, grading control per lot,
bituminous or concrete driveways, parking lot, drainage swales, berming, street
signs, street lights, street cleanup during project development, erosion control, and
other site -related items; and
WHEREAS, the Developer has received preliminary plat approval over most
of the land described on Exhibit A and will submit final plats for these lands in
phases over the course of several years; and
WHEREAS, this Agreement shall serve as a master agreement for all 85.3
acres over which preliminary plat approval have been granted and as a primary
Developer's Agreement for the first phase to be platted as Towne Lakes and
alternately described as "Said Plat" or "Subject Property." Separate Developer's
Agreements shall be required at the time of final platting of all phases following Said
Plat.
WHEREAS, this Agreement is entered into for the purpose of setting forth
and memorializing for the parties and subsequent owners, the understandings and
covenants of the parties concerning the development of the Said Plat and the
conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each parry's promises and considerations herein set
forth, as follows:
1 Conditional Use Permit. Developer is hereby granted a Conditional Use Permit
to allow the development of Said Plat as a Planned Unit Development with
flexibility from the strict requirements of the City's Shoreline Regulations and
Zoning Ordinance in relation to selected items detailed in this paragraph.
2
A. Unless otherwise explicitly set forth in this Agreement, all lots in Said Plat
must conform to the requirements of the RI -A zone of the Albertville
Zoning Ordinance and applicable Shoreline Regulations, as well as all
other applicable land use regulations. Exceptions to the RI -A zoning
requirements are as follows:
i. Lot Widths shall be as shown on the final plat.
ii. Lot sizes shall be as shown on the final plat.
iii. Street width shall be as shown on the approved plans and
specifications.
iv. Minimum set backs (rear setbacks to be shown on Exhibit B)
a. Front: Fifteen feet for a house and garage, except twenty
feet for all garages where the garage door faces the street.
b. Side: As shown on the attached Exhibit
Driveways may not encroach upon the side setback except
that a driveway may be placed within the setback to the
extent that the accompanying garage is allowed within the
setback under the provisions of this subparagraph, and
except that for those properties which utilize a garage facing
a side lot line, a paved turnaround may be allowed not less
than three feet from the side lot line.
c. Corner lots, Side: Fifteen feet for the house; twenty feet for
the garage when it faces the side street.
d. Interior lots, Rear: Twenty five feet, except that garages
may be allowed not less than ten feet from the rear lot line.
e. Lakeshore lots, Rear: See attached Exhibit B.
V. Detached garages may be constructed on the same lot
containing an attached garage, provided the detached garage
does not exceed 600 square feet, and total garage square
footage, including attached garages, does not exceed 1,150
square feet.
vi. A detached second dwelling unit may be constructed on a lot
provided the second dwelling unit ("accessory dwelling unit")
is occupied only by a family member of the owner and occupier
of the principal dwelling unit, and provided the construction of
said accessory dwelling unit does not violate any provisions of
this Agreement. "Family member" is defined as a brother,
sister, parent, child, grand child or grand parent of the owner
and occupier of the principal dwelling.
3
•
•
•
vii. Maximum impervious surface coverage: 30% for all lots except
the following lots, which shall not exceed 40%:
Lots 2 and 5, Block 3; and
Lots 1, 2 and 3, Block 4; and
Lot 1, Block 7; and
Lots 1, 2, and 3, Block 8.
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.
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 trees shall survive for two full years from the time
the planting has been completed or will be replaced at the expense of the
Developer. The Homeowners Association shall require that bushes and
shrubs survive at least two years from the date of planting.
D. Developer shall, at its own expense, construct sidewalks and trails in the
locations shown in the attached Exhibit D at the time of road construction.
E. Developer shall not disturb the stand of woods presently contained on
Outlot N as shown on the preliminary plat attached as Exhibit G, said
woods to be dedicated to the City. The City and Developer intend that
this stand of woods remain a wooded area for the use and enjoyment of
residents of the City of Albertville.
F. Approval of Said Plat is contingent upon issuance of any necessary
permits required by the US Army Corp of Engineers and the Wetland
Conservation Act. Such permits are subject to review and approval by the
City Engineer and City Attorney.
G. The Developer shall establish a homeowner's association via a recorded
covenant for this development. The Developer shall file the homeowners
association covenants against all Lots in Said Plat, said covenants and
agreements are 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.
H. Said homeowner's association shall provide for maintenance of all of the
following items located within Said Plat: common areas, all outlots, all
4
trees along all boulevards, the swimming pool described below, the
shoreline conservation easement area, all parks and park tonal
equipment, all docks, and all trails. Said items shall be maintained by the
homeowner's association in perpetuity except for lands dedicated as parks
pursuant to this Agreement and park recreational equipment, which shall
be maintained for five years from the establishment of the homeowner's
association, after which time the City shall be solely responsible for their
maintenance.
I. Said homeowner's association shall provide for and maintain permanent
markers at all property lines along the Shoreline Conservation Easement.
The markers must advise property owners of the Shoreline Conservation
Easement and that property owner's must leave the area within the
Shoreline Conservation Easement in its native vegetative state as shown
on the landscaping plan attached as Exhibit E. The type of markers to be
installed must be approved by the City Engineer.
J. Prior to the sale of any lot(s) within Said Plat, Developer shall provide to
the City with a copy of the sales literature and other appropriate
documentation which identifies all deed restrictions and that the private
homeowner's association and not the City shall be responsible for the
maintenance of the items listed in paragraphs l .G & H above.
K. Except as otherwise provided in this Agreement, upon the failure by
homeowner's association to properly maintain or repair the items outlined
in paragraphs 1. G & H above (as determined by the City), the City shall
give Developer and homeowner's association 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 fix any deficiencies governed by this Agreement and bill the
homeowners' association for said costs. 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 the homeowners' association, the City may thence
immediately and without notice or consent of the Developer or
homeowner's association complete their obligations under this
Agreement, and specially assess the costs thereof against the lots within
Said Plat and/or bring legal action against the homeowner's association 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,
property owners and homeowner's association knowingly and voluntarily
agree not to contest or appeal such assessment and waives all statutory
rights of appeal under Minnesota Statutes, including Minnesota Statute
429.081.
5
L. If a subdivision sign is desired by the Developer to identify the Towne
Lakes Development, a sign proposal shall be submitted for the review and
approval of the City Planner.
A Prior to the sale of any lot(s) within Said Plat, Developer shall provide to
the City a copy of the sales literature and other appropriate documentation
which identifies that the private homeowner's association and not the City
shall be responsible for the maintenance of the subdivision sign in
perpetuity. Said documents shall also provide a clause allowing the City
to remove the sign in the event that it is not maintained. Said
documentation must also inform the prospective purchaser of the DNR
classification of the abutting lakes as Natural Environment lakes and that
the lakes are generally not suitable for boating and swimming. The
written documentation shall be subject to review and approval of the City
Attorney and filed with the Wright County Recorder's Office.
N. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing portions of the
shoreline conservation area indicating that the use of fertilizer and
pesticides in the shoreline conservation easement area is prohibited.
The use of fertilizer and pesticides in said plat must be done in such a
way as to minimize runoff into the shoreline conservation easement area
or public water by the use of earth, vegetation, or additional means
acceptable to the City Engineer.
O. The Developer shall file deed restrictions with the Wright County
Recorder of Deeds for all lots adjacent to or containing NSP easements
indicating that no structures can be built within the easement areas. The
applicant shall also file deed restrictions with the Wright County Recorder
of Deeds for all lots adjacent to or containing wetlands or storm water
ponds indicating that no structures can be built within 30 feet of wetlands.
All such deed restrictions shall be subject to the approval of the City
Attorney.
P. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the
City with a copy of the sales literature identifying NSP easement building
restrictions, the required twenty (20) foot wetland setback building
restrictions, the location of all future parks within Said Plat, and the
location of all sidewalks, trails and easements. Developer agrees that the
aforementioned sales literature will be distributed to all potential lot
buyers within Said Plat prior to the sale of any of said lots by Developer.
6
Q. It is the understanding of the Parties that Developer does 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.
R. Electrical Easement Restriction. Lot 5 of Block 6, Lot 14 of Block 7 Lots
1 and 11 of Block 8; Lots 8 and 9 of Block 11, Lot 1 of Block 12; Lot 4 of
Block 17; Outlots G, L. and O of Said Plat are subject to transmission line
easements in favor of Northern States Power Company, its successors or
assigns (hereinafter referred to as "NSP"), as described in that document
recorded in Book 10 of Misc., page 168 of the Wright County
Recorder's office, and as modified by Document No. 607846 as
recorded in the Wright County Recorder's Office (hereinafter referred to
together as "the Easements"). Said Lots shall be restricted in use in the
following manner so long as said NSP Easement remains valid:
l . Buildings on Easements. No building, whether temporary or
permanent, including, but nor limited to outbuildings or accessory
buildings shall be placed or permitted to remain within the
Easements.
2. Non -Building Improvements/Landscaping. No fence, wall,
patio or other structure, nor any wire, pipe, path, walkway, tree,
hedge, driveway or exterior ornament of improvements of any kind,
nor any addition, removal, alteration or remodeling thereof shall be
made, erected, altered or placed within the Easements until plans and
specifications therefore have been reviewed and approved by NSP.
In any event, no planting shall be allowed within 15 feet of any
structure maintained by NSP within the Easements and, further, if
any of the area within the Easement is fenced, gates must be
installed to provide access to NSP for maintenance purposes. Chain
link or other types of fences using metal material constructed on or
near the area within the Easements should be properly grounded.
3. Work Within Easement Areas.
a) Excavation/Grading Around Structure Location. A
minimum distance of 15 feet of supported earth must be
maintained from structures for the transmission line
maintained within the Easements. Ground support beyond 15
feet from any such structure may be provided by a slope no
greater than 3 feet horizontal to 1 foot vertical. Support may
iA
also be provided by the use of cribbing, sheet piling, retaining
wall or tunneling.
Fill around or above steel structure foundations is not
permitted. Grades around structures must provide for surface
water run-off. Ground elevations within the Easements shall
not be increased above existing grade, stockpiling of soil
and/or material within the Easements is not permitted. Where
transmission structures are exposed to vehicular traffic, steel
posts or guardrail type barricades must be installed in
accordance with specifications maintained by NSP.
Specific plans for any such excavation or grading around
structural locations located within the Easements shall be
submitted to NSP for review and approval prior to
commencement of any such work.
b) Clearance. A working clearance of 25 feet between
the electrical transmission lines, any transmission structures,
and any cranes or digging equipment used in or near the
Easements must be maintained at all times. If this clearance
cannot be maintained, the person performing the work must
arrange for a line outage in accordance with the procedures
established by NSP.
S. Other Use Restrictions. On all lots within 30 feet of any wetland, the
native vegetation shall not be fertilized or mowed or otherwise
disturbed. On all lots within 30 feet of any wetland, 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. No Owner or other
person shall apply any phosphorus -based fertilizers or herbicides within
fifty (50) feet of any wetland or lake.
T. Developer may construct a temporary sales office on Outlot C in the
approximate location shown on Exhibit F. Developer will replace the
temporary sales office with a permanent sales office to be used in
conjunction with the swimming pool described in paragraph W. below
at such time as . Upon the sale by Developer
of all numbered lots in Said Plat and any contiguous plats within the
City of Albertville developed by Developer, the Developer shall deed
Outlot C and the sales office to the Homeowner's Association, which
shall retain ownership of said Lot C and shall use the sales office for a
community center or other such use in furtherance of the homeowner's
association functions. The Homeowner's Association shall maintain
Outlot C in perpetuity.
U. Developer shall install a pool on Outlot C in the approximate location
and in the approximate dimensions as shown on Exhibit F. Upon -the
occurrence of , Developer shall install said pool and
shall transfer ownership and management of said pool to the
Homeowners' Association, which shall maintain the pool in good
working order for a minimum of 25 years. The homeowners'
association may choose to limit use of the pool to homeowners'
association members and their families only.
V. Developer shall ensure that all numbered lots are landscaped with
appropriate landscaping materials, the installed value of which shall not
be less than 2% of the cost of the lot plus all materials and labor
necessary to construct the home placed on such lot. Said landscaping
shall be installed within one year of the occupancy of said home.
W. Developer may install common dock facilities in the approximate
locations as shown on Exhibit G, subject to City Council approval as to
size and configuration. Developer shall submit detailed plans for any
such docks to the City and Department of Natural Resources, and shall
not install said docks without the permission of the City and the
Department of Natural Resources. Developer shall comply with all State
and Federal Rules and Regulations relating to the location and
construction of shore recreation facilities including, but not limited to,
docks, watercraft mooring areas, and launching ramps to be within Said
Plat. Owners of numbered lots shall not be permitted to install docks.
No more than four boat slips shall be allowed on each common dock
facility.
X. No owner of property within Said Plat shall be allowed to operate,
moor, store or otherwise use motorized watercraft of any type on either
Mud Lake or School Lake. Developer shall not allow the operation of
motorized watercraft from any docks Developer installs on said lakes.
9
Y. All homes built in Said Plat shall be constructed in conformity with the
general design guidelines attached as Exhibit H. No home shall be
constructed on any lot until the home design, placement, construction
materials and landscaping plans have received approval of the
Architectural Review Committee to be established by the Homeowners'
Association.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located
on and off Said Plat as detailed in the Plans and Specifications for
Towne Lakes, as prepared by Westwood Professional Services dated
2001 and on file with the City Clerk, said
improvements to include installation of bituminous street, curb and
gutter, water mains, sanitary and storm sewers, storm water ponding
and site grading, and trails. All such improvements shall be
constructed according to the standards adopted by the City, along with
all items required by the City Engineer. Unless the City Engineer
specifies a later date, said improvements shall be installed by October
31, 2001, with the wear course of bituminous pavement to be installed
after May 15, 2002, but before August 15, 2002.
B. The Developer warrants to the City for a period of two years from the
date the City accepts the finished Municipal Improvements that all
such improvements have been constructed to City standards and shall
suffer no significant impairments, either to the structure or to the
surface or other usable areas due to improper construction, said
warranty to apply both to poor materials and faulty workmanship.
C. Developer shall provide the City with lien waivers from all contractors
and subcontractors engaged to construct said improvements on Said
Plat. Should Developer fail to provide the City with all applicable lien
waivers, the City reserves the right to draw upon Developer's surety
and pay any contractors who performed work on any Municipal
Improvements and whom Developer has failed to fully pay for the
performance of said work.
D. The City shall, at its option, have the City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may
deem necessary) during the construction and installation of said
Municipal Improvements. Developer agrees to pay for all costs
incurred by the City during said inspections.
10
3. Construction of On- and Off -Site Improvements.
A. Developershall construct all on- and off -site improvements including
P g
installation of paved streets, 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. Front, side and portions of the back yards of residential lots
shall be sodded in accordance with the Residential Development
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, and except than the driveways and sod need not be installed
in a lot until that lot is developed, provided adequate ground cover has
been established prior to the development of such lot.
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 applicable state and local regulations:
i. Electrical power supply, to be provided by Xcel Energy or
other such carrier;
I Natural gas supply, to be provided by Reliant Energy or other
such carrier,
iii. Telephone service, to be provided by Sprint/United Telephone
Company or other such carrier;
iv. Cable TV service, to be provided by a local carrier;
In addition, the Developer shall, at its own expense, cause street lights
and street signs to be of such type and to be installed at such locations
as required by the City Engineer and in conformance with the Manual
on Uniform Traffic Control Devices.
C. Developer has submitted a utility plan for Said Plat showing all
existing and proposed utility lines and easements, attached hereto and
incorporated herein as Exhibit I. Developer agrees to have all utilities
installed according to this Exhibit I.
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, 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. As an alternative to installing silt fencing in back of all
curbing as required by this subparagraph, Developer may, at its
expense, install sod no less than three feet in width in back of all
curbing, provided that if, in the judgment of the City Engineer, the
• installation of silt fencing in one or more places is needed, the.
Developer shall install such silt fencing at its expense upon request by
the City Engineer.
E. Notwithstanding the requirements of subparagraph 3A 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 1 st and
before March 30th in any given year, in which case a certificate of
occupancy shall be issued only if the owner of the lot has entered into
an escrow agreement with the City and provided an escrow for 150%
of the estimated cost of said improvements pursuant to City
Ordinance.
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 J. 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.
12
4. Intended Use of Subdivision Lots.
A. It is the Developer's and Ci s intent that a total of forty three single-
family detached dwelling units be constructed on the residentially zoned
lots being final platted as numbered lots and blocks in Said Plat, with one
dwelling unit per numbered lot. Developer agrees that it shall not
construct any dwelling units other than said single-family detached
dwelling units on the land in Said Plat, except that Developer may
construct an accessory dwelling unit on a lot where such dwelling unit
continually meets the requirements of paragraph I A.vi. above.
B. Developer and City intend that as additional phases of the 85.3 acres are
developed consistent with the preliminary plat attached as Exhibit G, one
dwelling unit may be constructed on each numbered lot, except that
Developer may construct an accessory dwelling unit on a lot where such
dwelling unit continually meets the requirements of paragraph I.A.A.
above. Upon final platting of all property which has received preliminary
plat approval, Developer and City anticipate that a total of 131 numbered
lots will have been created. Developer and City anticipate that in the
future, Developer will replat those portions of Outlot N as shown on the
preliminary plat which will not be dedicated to the City as the land
adjacent to the 85.3 acre parcel develops and provides street access to
those portions of the 85.3 acre parcel not served by the streets shown on
the preliminary plat attached as Exhibit G.
5. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or
other surety as approved by the City Attorney) as security that the
obligations of the Developer under this contract shall be performed.
Said letter of credit or surety shall be in the amount of $
representing the sum of 100% of the estimated cost of the Municipal
Improvements ($_�, 50% of the on and off -site improvements
($25,800.00), and 150% of the estimated cost for
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
13
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 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
14
credit or other surety must be approved by the City Attorney prior to
its issuance.
6. Surety Release.
A. Periodically, as payments are made by the Developer for the
completion of portions of the Municipal Improvements and/or on- and
off -site Improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements and on- and
off -site improvements which have been fully completed and payment
made therefor. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be
billed to the Developer. Such cost shall be paid to the City within
thirty (30) days of the date of mailing of the billing.
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 Municipal Improvements or 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, except
that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the
Municipal Improvements during the first year of the warranty
period and 5 % of the estimated construction price of the
Municipal Improvements during the second year of the
warranty period.
iii. 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.
A. 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.
• 7. Abandonment of Proiect - Costs and Expenses.
15
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.
8. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all
reasonable administrative, legal, planning, engineering and other professional
costs incurred in the creation, administration, enforcement or execution of this
Agreement and the approval of Said Plat, as well as all reasonable engineering
expenses incurred by the City in 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 saidamounts,
Developer agrees to allow the City to reimburse itself from said surety and/or
assess the amount owed against any or all of the Said Plat without objection.
Developer has the right to request time sheets or work records to verify said
billing prior to payment.
9. Sanitary Sewer and Water Trunk Line Fees.
A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance
requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line
fees. There are 85.3 acres in Said Plat. Therefore, the Sanitary Sewer Trunk
Line Fees for all property receiving preliminary plat approval are $119,420
($1,400.00 x 85.3 acres). Developer shall construct the following sewer
improvements as part of the development of Said Plat and will receive a credit
for the cost of such sewer improvements: . If the
amount of such improvements are less than $119,420, the City shall apply the
16
credit to each successive phase of Development based on the formula set out
in this paragraph until said credit is exhausted, at which time Developer shall
pay any remaining Sewer Trunk Line Fees in cash at the time of final platting
of said successive phases.
B. Developer shall be required to pay trunk water line fees of $1,200 per acre.
There are 85.3 acres in Said Plat. Therefore the water trunk line fee for all
property receiving preliminary plat approval are $102,360 ($1,200 x 85.3
acres). Developer shall construct the following water improvements as part of
the development of Said Plat and will receive a credit for the cost of such
water improvements; . If the amount of such
improvements are less than $102,360, the City shall apply the credit to each
successive phase of Development based on the formula set out in this
paragraph until said credit is exhausted, at which time Developer shall pay
any remaining Waxer Trunk Line Fees in cash at the time of final platting of
said successive phases.
10. 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 J. Developer shall also install
all erosion control measures deemed necessary by the City Engineer should the
erosion control plan prove inadequate in any respect.
11. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any
county ditch or other ditch through which water from Subject Property may
drain, and shall make any necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state, county or city
requirements, all at Developer's expense.
12. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which
may occur to public property including but not limited to streets, street sub- base,
base, bituminous surface, curb, utility system including but not limited to
watermain, sanitary sewer or storm sewer when said damage occurs as a result of
the activity which takes place during the development of Said Plat. The
Developer further agrees to pay all costs required to repair the streets, utility
systems and other public property damaged or cluttered with debris when
17
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 struts or repair or maintain said public
property, the City may immediately 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 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.
13. Temporary Easement Rights.
Developer shall provide access to the Subject Property at all reasonable times to
the City or its representatives for purposes of inspection or to accomplish any
necessary work pursuant to this Agreement.
14. Miscellaneous.
A. Developer agrees that all construction items required under this
Agreement are items for which Developer is responsible for
completing and all work shall be done at Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance
of public improvements, the Developer assumes all liability and the
• costs resulting in delays in completion of public improvements and
18
damage to public improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third
parties.
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. After the Developer has completed all work and
obligations required of it under this Contract (including the expiration
of the warranty period), at the Developer's request, the City will
execute and deliver to the Developer a release of its obligations under
this Agreement.
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.
H. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and/or the City and any applicable provisions of
State or Federal law or regulations.
I. 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
19
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.
J. 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.
K. Developer shall obtain all required driveway, utility and other permits
as required by either the City Engineer, Wright County and/or the
State of Minnesota.
• L. All outlots shall be seeded to prevent soil erosion, except areas
previously delineated as wetlands.
15. Draw on Expiring Letter of Credit.
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
completed, it is agreed that the Developer shall provide the City with anew
letter of credit or other surety, acceptable to the City, at least forty-five (45)
days prior to the expiration of the expiring letter of credit. If a new letter of
credit is not received as required above, the City may declare a default in the
terms of this Agreement and thence draw in part or in total, at the City's
discretion, upon the expiring letter of credit to avoid the loss of surety for the
continued obligation. The form of said irrevocable letter of credit must be
approved by the City Attorney prior to its issuance.
16. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of
any of the covenants and agreements herein contained, the City shall
20
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-
B. Notwithstanding the 30-day notice period provided for in paragraph
16(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. Paragraph 16A 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.
17. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon presentation to the City of evidence of good and
marketable title to Subject Property, and upon completion of all
21
•
construction work and certification of completion by the City
Engineer, shall dedicate all roads, road and trail right-of-ways, curbs,
gutters, ponds, sewers and water mains to the City. Upon acceptance
of dedication, Developer shall provide to the City "As-Builts" of all
sewers, water mains, and roads. Acceptance by City of any dedication
shall occur upon passage of a resolution to such effect by the City
Council.
B. Park, Trail and Ontlot Dedications. Developer acknowledges and
agrees that as part of its park dedication requirements for the 150
residentially zoned lots in Said Plat, Developer shall provide the
following park -related items to the City at no charge to the City:
i. Developer shall dedicate to the City the following lots for park
purposes:
Outlots D, F, G as shown on the final plat;
Park 1 and Park 2 as shown on the final plat;
Outlots H, I, and L as shown on the preliminary plat
attached as Exhibit G.
In the event the City fails to make the Outlots available for uses
consistent with park purposes the Homeowner's Association
may notify the City in writing of such failure and request that
such lots be made available for park purposes. In the event the
City fails to make such lots available for uses consistent with
park purposes within ninety days after receipt of written notice
from the Homeowners' Association the Homeowners'
Association shall have a right of reverter and may require the
City to deed such Outlots not made available for park purposes
to the Homeowners' Association. In such event, the
Homeowners' Association shall maintain such Outlots and
provide for the use of such Outlots for park purposes. Use of
all or a portion of the Outlots by the City for road purposes or
for purposes directly related to the maintenance of the abutting
lakes shall be deemed a park purpose.
ii. Developer shall convey to the City the following lots:
0 Outlot A and J as shown on the final plat;
22
Outlot J, K, and that portion of Outlot N which includes the
woods, ponds and wetlands, all as shown on the
preliminary plat attached as Exhibit G.
iii. Developer shall convey to the Homeowners' Association
within one year of the establishment of the Homeowners'
Association the following lots:
Outlots B, C and E as shown on the final plat;
Outlots J and O as shown on the preliminary plat
attached as Exhibit G.
iv. Developer shall install park landscaping as shown on the
Landscaping Plan attached as Exhibit C.
V. Developer shall install recreational equipment in Park 1 and
Park 2. All such recreational playground equipment shall be
subject to review and approval by the City Council prior to its
installation. The total cost of such equipment, exclusive of its
installation, shall be no less than $100,000.00.
vi. Developer shall install park benches, picnic tables, volley ball
court, tennis court, tot lot, gazebo and parking lots as shown on
the park plans attached as Exhibit K.
vii. Developer shall provide a fifteen foot wide park and trail
easement over that portion of lot C shown on the attached
Exhibit D.
viii. Developer shall install eight foot wide bituminous trails in the
locations shown on the attached Exhibit D. All such trails shall
be constructed to the standards required by the City Engineer
and shall be completed with the Municipal Improvements
required in this Agreement.
C. Shoreline Conservation Easement
A shoreline conservation easement around the shores of both School
Lake and Mud Lake shall be dedicated to the City. It is the intention
of the parties to this Agreement that this conservation easement area be
returned to its native vegetative state and shall act as a buffer to the
lakes. Developer at its own expense shall restore the easement area by
23
•
•
planting native trees, grasses and shrubs within the shoreline
conservation easement to encourage wildlife habitat and decrease the
visual impact of the development on the natural environment
lakeshore. Said landscaping shall be constructed as shown in the
landscaping plans attached as Exhibit C. Developer shall guarantee all
new plantings as required by Exhibit C shall survive for two full years
from the time of planting has been completed or will be replaced at the
expense of the Developer.
18. Phased Development.
If the plat is a phase of a multi -phased preliminary plat, the City may refuse to
approve final plats of subsequent phases until public improvements for all
prior phases have been satisfactorily completed. Development of subsequent
phases may not proceed until Development Contracts for such phases are
approved by the City. Approval of this phase of the Development shall not be
construed as approval of future phases nor shall approval of this phase bind
the City to approve future Development phases. All future Development
phases -shall be governed by the City's Comprehensive Plan, Zoning
ordinance, Subdivision ordinance, and other ordinances in effect at the time
such future Development phases are approved by the City.
19. 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.
20. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the
Developer. However, the Developer shall not be released from its obligations
under this contract without the express written consent of the City Council
through Council resolution.
21. Limiter Approval.
24
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.
22. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City
as a result of City efforts to enforce the terms of this Agreement. Said fees
include attorney's fees, engineer's fees, planner's fees, and any other
professional fees incurred by the City in attempting to enforce the terms of
this Agreement. 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.
23. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this
Agreement by reference as they appear. Unless otherwise specified in this
agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
24. In lion Muse, Modification by Written Aamment O
This Agreement represents the full and complete understanding of the parties
and neither party is relying on any prior agreement or statement(s), whether
oral or written. Modification of this Agreement may occur only if in writing
and signed by a duly authorized agent of both parties.
25. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the
City Clerk for the City) or registered mail addressed as follows to the
following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Contractor Property Developers Company
7100 Northland Circle, Suite 108
Minneapolis, MN 55428
25
Telephone: 763-971-0477
Fax: 763-971-0576
26. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives,
heirs, successors and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Its Mayor
_ By
Its Clerk
CONTRACTOR PROPERTY
DEVELOPERS COMPANY
By
Homer H. Tompkins III
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of June; 2001, by John Olson as Mayor of the City of Albertville, a Minnesota
26
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
Notary Public
STATE OF MINNESOTA )
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of June, 2001, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of June, 2001, by Homer H. Thompkins III, as President of Contractor Property
Developers Company.
Notary Public
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
27
705 Central Avenue Fast
St. Michael, MN 55376
612 97-1930
I I*
28
I•
EXMIT A TO DEVELOPER'S AGREEMENT
The legal description of the property to which this Developer's Agreement
applies is as follows:
Towne Lakes, City of Albertville, Wright County, Minnesota
29
Exhibit B
Setbacks
Exhibit C
Landscaping Plan (including conservation easement plantings)
Exhibit D
Sidewalks and Trails
Exhibit E
Shoreline Easement
Exhibit F
Sales office and pool location
Exhibit G
Preliminary plat of entire 85.3 acres
Exhibit H
Building Guidelines
Exhibit I
Utility Plan
Exhibit J
Grading, Drainage and Erosion Control Plan
Exhibit K
Park Plan
30
{{ ++ H t-
a t t• a F r r t r t a a r J a it
+ H�ae���aeexatt7 ! F
Jill
S 11111111
d ltti y Rah
f,1,,,t,ll i�JJJl,]di,:i�lt 1,IN 11 I R+�� �l'sI o
lit's' ,� aSHr raa, sa i'
Via. _ , . sss : a : eat : S � r4 a � r�'♦ Y ,9a_
e a
�laaaaaaaaaa�a y �� d
aataaaataaa tat ; '/��(-
�r a a s F 1t a t a r r s a �H + �► JP a r�;/+ a a.
5+
H '�H
�r;;'
i i q
n'.
a
�g� i� � � ■ r F � � e ' tlJ � �-J
9B
` Y
�a,,
:ice
/r
DIA:1
d
�u
`DThl� _5TREETL N.E. ''K 1
\ — - — --�
MUD LAKE
y�II t
Ij II
} _ \�/ /ram � -. I III •. � �-: �� �
SCHOOL LAKE
ul
Ax
d /iG'
EXHIBIT D
Q.
as .h
— MUD LAKE
OHWY 94ZJ
CU �
MUo_Wr
L 11 rs-----1. I
,r •1 itl
` � •fii �i' fi }E Ali i Y ...1 fi$ iiig}
' I la�
}! i ltlg 1 ,
Yift
lip#ti#� ` ,apR•��i#. (( � -
' �'•fi r s� �f�Y��alj�il � t
i i'��! e
4a ia•i �1 •`a f
j •eY a �`17
I r '
INTERSTATe tpq�WAY
No' 941
EXHIBIT G
7
J
`
s 1 ° 7 / e
V
4,
\ s
%
IT
4
�`
\\
3
4 ,
$4
tj
\\
4 s
�h
ill
F
(--).
\\s \
r--
R
-�-
\\ '
/ /
3
\\ 3
4
\,\ 5 2,
S
2
i PARK t
iI 1
JI
am Or I(
If
It T c
IR
3 4 �\
•
M
rp // oun°T e
ilo
z
II /
11 �/
,
'�'
—
MMTBIT E
r
IWC 10 3
111 0
EXHIBIT K
PAGE 1 OF 7
ICI
to
w a
n
EffiBIT K
PAGE 4 OF 7
5I�
1
1 ? _
0 �
21
�!
IT
t
Q
EXHIBIT R
PAGE 5 OF 7
if,
110
A
b
bl
zIle
n
✓'
Ci
C
W
t V�
o
z -u-
3y
3
v
Z
`1'
�J
r- r�
f � M
I�
EXHIBIT R ��-
PAGE 7 OF 7
'
/
1
all
i
1�10
i � o
c
>r
a
EXHIBM K
PAGE 6 OF 7
EXHIBIT B
TOWNE LAKES
Lot Areas & Setbacks
Phase 1
Lot / Block
Lot Area
Sq. Ft.
Side Yard Setback
Garage/House
Rear Setback
Lakeshore Lot Interior Lot
Front Build To Line
Garage**/House
Shoreland
Buffer
Lot 1, Block 1
15,618
5 / 10
59
15 / 15
42
Lot 2, Block 1
11,079
5 / 10
57
15 / 15
32
Lot 3, Block 1
10,702
5 / 10
50
15 / 15
25
Lot 4, Block 1
11,915
5 / 10
52
15 / 15
27
Lot 5, Block 1
22,301
5 / 10
65
15 / 15
39
Lot 6, Block 1
12,424
5 / 10
63
15 / 15
40
Lot 1, Block 2
12,530
5 / 10
63
15 / 15
38
Lot 2, Block 2
13,531
5 / 10
63
15 / 15
39
Lot 3, Block 2
12,369
5 / 10
50
15 / 15
29
Lot 1, Block 3
9,600
5 / 10
10 / 25
15 / 15
X
Lot 2, Block 3*
9,000
5 / 10
10 / 25
15 / 15
X
Lot 3, Block 3
15,036
5 / 10
10 / 25
15 / 15
X
Lot 4, Block 3
10,087
5 / 10
10 / 25
15 / 15
X
Lot 5, Block 3*
9,036
5 / 10
10 / 25
15 / 15
X
,kot 6. Block 3
9,727
5 / 10
10 / 25
15 / 15
X
7
Block 3
9755
5/10
10/25 15115 X
Lot 1, Block 4*
9,683
5 / 10
10 / 25
15 / 15
X
Lot 2, Block 4*
9,268
5 / 10
10 / 25
15 / 15
X
Lot 3, Block 4*
9,433
5 / 10
10 / 25
15 / 15
X
Lot 4, Block 4
14,066
5 / 10
10 / 25
15 / 15
X
Lot 5, Block 4
10,730
5 / 10
10 / 25
15 / 15
X
Lot 6. Block 4
11,008
5 / 10 _
10 / 25
15 / 15
X
Lot 1, Block 5
11,357
5 / 10
53
15 / 15
27
Lot 2, Block 5
11,200
5 / 10
50
15 / 15
25
Lot 3, Block 5
10,878
5 / 10
50
15 / 15
25
Lot 4, Block 5
10,750
5 / 10
50
15 / 15
25
Lot 1, Block 6 11,877 5 / 10 58 15 / 15 32
Lot 2, Block 6
13,028
5 / 10
68
15 / 15
41
Lot 3, Block 6
13,100
5 / 10
69
15 / 15
42
Lot 4, Block 6
12,936
5 / 10
66
15 / 15
41
Lot 5, Block 6
14,283
5 / 10
60
15 / 15
35
Lot 1, Block 7*
9,399
5 / 10
10 / 25 15 / 15
X
t 2, Block 7
10,051
5 / 10
10 / 25 15 / 15
X
CPDC Page 1 6/13/01
EXHIBIT B
TOWNE LAKES
Lot Areas & Setbacks
Phase 1
Lot Area Side Yard Setback Rear Setback
Front Build To Line
Shoreland
Lot f Block Sq. Ft Garage/House Lakeshore Lot Interior Lot
Garage"*lHouse
Buffer
Lot 3, Block 7 10,144 5 / 10 10 / 25
15 / 15
X
Lot 4, Biad( 7 11,508 5 / 10 10 / 25
15 / 15
X
Lot 5, Block 7 13,838 5 / 10 10 / 25
15 / 15
X
Lot 6, Block 7 10,445 5 / 10 10 / 25
15 / 15
X
Lot 7, Bk>c( 7 10,936 5 / 10 10 / 25
15 / 15
X
Lot 1, Block 8* 8,827 5 / 10 10 / 25
15 / 15
X
Lot 2, Mod( 8* 8,750 5 / 10 10 / 25
15 / 15
X
Lot 3, Mod( 8* 9,125 5 / 10 10 / 25
15 / 15
X
Lot 4, Bloc( 8 10,140 5 / 10 10 / 25
15 / 15
X
Lot 5, Bloc( 8 11,916 5 / 10 10 / 25
15 / 15
X
Notes:
Rear setbacks are categorized by either riparian or interior lots. On riparian lots the setbacks
listed reflect the overall average dimension per lot, but in no case is the setback
less than UY from the OHWL. at any given point. Interior lots have a 10 foot garage and 25 foot
use rear yard setback.
er dimensions listed are measured from shoreline (OWHL) to a proposed monumentation
foie.
*Denotes lots with up to 40% impervious surface. The remaining lots shall be 30%.
** Except when garage faces side street, then the setback is 20 feet.
X denotes not applicable
•
CPDC Page 2 6/13101
Y.,
J /
v /00
7- - — - — - — - — - — - — -
X>
0
4-
cf)
br
50
— — — — — — — — — — — — — —
m
M X
cf)
>
z
0
M
0
F-
00-+ >
z
i
lo
L.
;:u
0(-)
0 x
Om
Cox
co
OD r-
;u 0 -0
M
V)
0 M
M >
Z
00
m
Z —
U)
m
m0
M
rn
<
m
>
-
--A
0
c: Z >
V)
M
>
Z
UMO
0 z
m K
d m
m --I
bo
m
x --4 K
c:m
V
O>Z
m
M r- --i
J0
ZZO
0
x
0
m
m
z
-i
U)
�j I
LL
I
1/RODEN PROPERTY
2 DARKEN WALD REAL ESTATE
pkoAcl fir, Albertville, Minnesota
2001-239
PLOT DATE CONCEPT PLAN
SURVE'l REVIII01AS
rJENWO ()
ORAVAil
CHECh.EU IoC CHECF.
R T
If
to o
0
0
21
00
0
0
M 0
-qu-
M N)
A 0
F /IV Jim
'Px� —
C
..........
n
------ -------
------------------
WRI COUNTY HIGHWAY NO. 19 LABEAUX AVE.
jai
0
11
0 M
om
com
0 -p
0
CO U
-H
CD r-
X>O
c- M
Z
C)
(/)
0 M
00
Z V)
--1 M
r- ---i x
> M
M 0
q
M
M
--I K:
M
r-,) 0
-<0
ZOK
Z >
M M
>
—
X ---I
CZ>
r-
1
c:0M
0
zo-
M Q
om-
z
z >
a Z
Z
z
z
c: rn
0
A
x
o>z
rrl
010
MMMc
M
0
cl)
Z M
U)
c:
Z 0
C >
55
0
c: --A -<
M
K:
--A
_<
X co
M M
M
z
--- i
V)
RODEN PROPERTY
I-SZ3 JDARKENWALD REAL ESTATE
1 PROACI no. Albertvile. Minnesota I
2001-239
I OVERALL CONCEPT PLANPLOT DAtC
5/31/01
SURVEY REVISIONS
DESIGNED
DRAM
CHECKED Joe CHECK
NORTHWEST ASSOCIATED
CONSULTANTS,
•
0
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 062.505.9638 Facsimile: 952.696.9837 planners@nacplanning.com
MEMORANDUM
TO: Albertville Mayor and City Council
FROM: . Cindy Sherman
DATE: June 12, 2001
RE: Setbacks adjacent to major roads
FILE NO: 163.05
The City Council directed staff to review setbacks along major roads as they
relate to commercial properties.
The primary commercial zoning districts along major roads are B-2 and B-3.
Current setbacks are outlined in the following table.
Minimum
B-2
B-3
Parking
Setbacks
Building
Building
Commercial
districts
Front yard
35 feet
35 feet
5 feet to lot line, 15
feet of street
surface
Side yard
10 feet or 20 feet
20 feet
5 feet
when abutting a
major street
Recent examples of commercial construction along County Road 19 include;
phase two of the Outlets at Albertville building setback is 35 feet and parking is
setback 15 feet from the property line; Culvers' building is setback 45 feet at the
closest point and parking is at 5 feet; The Mobil station is setback 35 feet at the
closest point and has a 10 foot parking setback.
• In reviewing other ordinances the following setbacks were identified:
City/Setbacks
Monticello
Otsego
St. Michael
Buffalo
Front yard
30 feet
65 feet
30 feet
30 feet
Side yard
10 feet
65 feet on
30 feet
30 feet on
corner side
corner side
Parking
5 feet
5 feet to lot
5 feet to lot
5 feet to lot
line, 15 feet to
line, 15 feet to
line, 15 feet to
street surface
street surface.
street surface
Albertville's setbacks are within the range of the other communities surveyed.
One option available to increase the appearance of open space is to increase the
green space required along all street frontages, this also creates better snow
storage capabilities. Two examples include Woodbury, which has a minimum
20-foot setback for parking adjacent to public roads, and Golden Valley requires
no parking or other structures within the front yard setback of 35 feet. A greater
setback for parking areas would allow more flexibility for berming and
landscaping to help create a better streetscape.
In the cases reviewed for Albertville all of the structures meet the 35-foot front
yard setback. In some circumstances a building could be setback a minimum of
20 feet. To avoid this situation the ordinance could be modified to require a
minimum 35-foot setback adjacent to major roads in the B-2 and B-3 districts.
Council Action Requested
Ordinance changes are a policy decision to be made by the City Council. Should
the Council determine that changing the ordinance is desirable then direction
should be provided as to the changes to be made and to schedule a public
hearing and review before the Planning Commission.
c. Linda Goeb
•
Memo on Setbacks
Page 2 of 2
(1)
0
0
Ei
-----------•----
i
i I ,
,
I
STREET LIGHT
LANTERN STREET LIGH'
=5E
0 400 800
L
n
Q
H
2
C)
J
H
W
W
U
0
0
N
u6p•Ltx«_Isnaglo\doW\naglo\:M 31IJ H3S WH 69:Lb:LO
IMPL/90•
AIIINW
MEMOI
I00 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.672.0617 320.229.4301 FAX
TO: Linda Goeb
City Administrator
Albertville, Minnesota
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: June 11, 2001
RE: 60th Street Storm Sewer Realignment
Peterson Property
Albertville, Minnesota
SEH No. A-ALBEVO101.00 14.00
Attached is a sketch showing the storm sewer realignment required for the Peterson Property.
The cost to complete this work is estimated to be $16,175.00. Please call me if you have any
questions.
Enclosure
c: Mike Couri, City Attorney (w/ enclosures)
Mike Czech, SEH (w/ enclosures)
wA&ft*"101\jn12a01-m.tbc .
Short Elllott Hendrickson We. Your Trued Reswce Equal Opportunity Employ
AdW
Alw 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX
architecture engineering environmental transportation
2001 PETERSON PROPERTY STORM SEWER REALIGNMENT 06/11/01
ALBERTVILLE, MN
SEH NO. A-ALBEV 0101.0
OPINION OF PROBABLE COST
ITEM UNIT OF APPROXIMATE UNIT
NO. ITEM DESCRIPTION MEASUREMENT QUANTITY PRICE AMOUNT
1 12" RCP CLASS 5 LF 363.00 $25.00 $9,075.00
2 STANDARD MANHOLE EACH 2.00 $1,200.00 $2,400.00
3 CONNECT TO EXISTING MANHOLE EACH 1.00 $700.00 $700.00
4 TURF RESTORATION LS 1.00 $2,000.00 $2,000.00
SUBTOTAL - CONSTRUCTION $14,175.00
ENGINEERING $2,000.00
GRAND TOTAL $16,175.00
(0
Peterson estimate.xis 6/12�1
Short ElNott Hendrickson Inc. • Your 1lrusted Resource Equal Opportunity Employer
O'Cl
FILE NO. HOURE
Air PROPOSED ALBEV0107.00 NO.
STORM SEWER DATE
Aism JUNE 2001
CITY OF ALBERTVILLE, MINNESOTA 5C
RESOLUTION NO.2001-14
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ACCEPTING LOW BID
WHEREAS, plans and specifications for overlaying certain City streets have been
prepared by SEH-RCM and has presented such plans and specification to the Albertville City
Council for approval; and
WHEREAS, bids have been solicited in an attempt to determine the cost of the
improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE ALBERTVILLE CITY
COUNCIL, WRIGHT COUNTY, MINNESOTA:
1. Such plans and specifications, copies of which are on file with the City Administrator, are
hereby approved.
2. All bids for said project were duly opened at the City Hall on June 18, 2001, after
advertising for bids according to law; and
3. The bid of C Low Bidder') in the amount of $
for the construction of said improvements in accordance with the plans and specifications
and advertisement for bids is the lowest responsible bid.
4. Said bid of said Low Bidder is accepted and awarded.
5. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said
Low Bidder for the construction of said improvements for and on behalf of the City of
Albertville.
b. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except the deposit of the successful bidder.
Approved by the City Council of the City Albertville this 18a' day of June 2001.
John Olson, Mayor
ATTEST:
Linda Goeb, City Clerk/Administrator
1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 K
architecture engineering environment. 0** C/ 1(45)
June 13, 2001 RE: Albertville Minnesota
2001 Savitski Lift Station Upgrade
2001 Towne Lakes Lift Station
SEH No. A-ALBEV 0111.00 & 0009.01 14
Honorable Mayor and City Council
Ms. Linda Goeb
City Administrator
City of Albertville
5975 Main Avenue NE
P.Q. Box 9
Albertville, MN 55301-0009
Dear Mayor and Members of the City Council:
Bids were opened in CityHalf at 11:� a .m. on Tuesday, June 12, 2001, for the above referenced
improvement. The low bid, submitted by Lametti & Sons of Hugo, Minnesota, was $607,913.00,
approximately $200,00 over the engineers estimate. In an effort to determine why only one bid was
received, our office has contacted plan holders to determine why they did not submit a bid. We were
itold that due to current workload, several contractors could not meet the interim completion date of
August 31, 2001. We were told, that if the completion dates were revised to November 15, 2001
more contractors would submit bids.
Based on this information and the fact that only one bid was received, I recommend the Council
reject all bids and re -advertise the project with a substantial completion date of November 15, 2001.
Please contact me if you have any questions.
S' ly,
Peter J. Carlson, P.E.
City Engineer
dJg
c: Rich Pedersen, SEH
Scott Hedlund, SEH
w:kabcv%0u t1conW612DI.r*cce-L.doc
Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer
We help you plan, design, and achieve.
LAND PARTNERS 6124415182
SiP 3
555 38D.STREET • ELK RIVER, Mt. -----
' Office. 612-860-3983 • Fax: 163-441-8604
REAL IN ESTATE
June t4th, 2001
City Of Albertville
5975 Main Ave. NE
Albertv9la, MN 55301
Linda:
Marty and Z sat down today to look over the road and 'land situation. We came up with the
example of a layout, which i have attached.
After scaling, the example pr —Aously prepared, the northtsouth depths of the lots being
created wem mainly under 3W. That starts to become "tight" with a typical rretag user
when, considering front yard and rear yard.setbacks. So, by swinsiing the roadway to -the
north property line at a gentle angle you limit the small lots wbile creating several larger
. depth lots to the west..,over by Darkenwatlds larger boat type users. By creating two
mtlrkets (smaUa retaiUofh'tce to the east, and bWr usets to the west) -You will probabky
sell sites faster. There could be two to three srnakr retail users to the south of the 'row 83
you come In off Cty. Rd. 19, and an office user or two to the. north. Then you have two to
three larger users south of the road and west of the wetland area. The example could be
"tweaked" sornew,bat so that retention ponds could be created around the wetland areas,
and even an access to the property to the north of the wetland area, although with *8 ,
design, that property nay have some shared benefit already because the roadway would be
partially along that 1WPWtY line.
This design is best for the City's interests in selling the land.
Z hope to bove the opportunity to wont with the City in marketing this Mpertyl
X
Broer
JUST SIMILE, PERSONALIZED & PROFESSIONAL SERVICE
LAND PARTNERS
FROM : CITY OF ALBERTV I LI.S
6124415182
FFoS No. . ?6349732i0 sun. 13 2m1 09i36q'1 P2
P 8Z
:I
0
r
ISO sae
.�SEN
D
w
U
W •Q
�
a
wx
z
�CL
ca
ir`r�
%•r"
y�
It
;;
I t •
i
�t' �l
I
;f
i!
� .` •l •V.�Y�
—FILE NO. CITY INDUSTRIAL PARK
ATE
AALe EV; .00 OPTION 1 WITH WET[AND -IWACT
DATE;
o5•, ern l ALBOnVILLE. MINNESOTA
EXWBIT
IM 9
0
THE LAND 5PECIAL15T5
June 12, 2001
Mayor John Olson and City Council Members
City Of Albertville
5975 Main Avenue NE
Albertville, MN 55301
RE: Development and Marketing Proposal
Dear Mayor Olson and City Council Members:
Thank you for the opportunity to submit our Development and Marketing Proposal. It is our
•understanding that the project will be to market and develop the 35 +/- acre property owned
by the City of Albertville, fronting on County Road 19, immediately north of the Outlets at
Albertville.
1). Development Services:
A. Scope of Work:
Pfeffer Company, Inc. will work with the disciplines currently retained by the City of Albertville
to coordinate any required approvals from other jurisdictions.
We will coordinate with the currently retained City of Albertville disciplines, the selection of
any additional disciplines required to facilitate the development process. This allows the
formation of a functional team of people to assist in timely and cost effective development of
the Property.
We will work with the City of Albertville staff and retained disciplines to generate a realistic
development budget.
We will constantly monitor and be a part of each step of the process to assure project
delivery on a timely basis. Phasing of the project, if deemed necessary or prudent, will be
determined following the approval process.
0 As needed, we will process the paper flow and maintain all project files.
Pfeffer Company, Inc. 7200 Hemlock Lane, Suite 101 • Maple Grove, MN 55369-5587
_1763.425.2930 • FAX 763.425.2823 • pfefferco a@aol.com • www.pfefferco.com
www.TheLandSpecialists.com
2.) Marketing Services:
A. Marketing and Sales:
Pfeffer Company, Inc. will have complete responsibility to market and sell the lots and/or
property. We will establish the conditions of sale for memorializing with the Buyers/Clients.
Our emphasis will be with Commercial/Retail users and developers. We will format the fee
schedules and requirements for the City of Albertville Buyers/Clients. Surveillance of the
Buyers/Clients for compliance with the plan of development and conditions of approval for the
plat will be our on -going responsibility.
3). Summary of Services:
♦ Evaluation of City of Albertville's goals
♦ Application of market conditions
♦ Presentation of site use conditions
♦ Evaluate if any additional disciplines are needed to supplement the development process
needed to accomplish the goals of the City of Albertville.
♦ Identify and work with all units of government that regulate, influence and impact the
projects.
• ♦ Coordinate, as needed with other jurisdictions to gain the necessary permits and
approvals to allow development on a timely basis.
♦ Provide a comfortable atmosphere for the neighboring property owners by hearing and
recognizing their communication and design concerns.
♦ Contribute actively to the site design of the projects to enhance marketability and control
development costs.
♦ Respect and implement the City of Albertville position to operate in a non -adversarial
atmosphere with neighboring property owners.
♦ Establish lot and/or land sale prices.
♦ Petition for and coordinate the design and installation schedule of the small utilities:
telephone, electricity, natural gas and cable T.V. (if available and needed).
♦ We will work with City of Albertville staff in crafting appropriate Development Agreements.
♦ Develop the projects on a timely basis, and in compliance with the Development
Agreements.
• ♦ Secure necessary permitting and contractual documents required by the development
process in collaboration with the City of Albertville legal counsel
-2-
• ♦ Establish and maintain an environment that will continue to enhance both the financial
and aesthetic concerns of the City of Albertville and the clients.
♦ Maintain all appropriate project files and records.
♦ As requested by the City of Albertville, we would review invoices by Contractors and
Suppliers for appropriate payment action.
Pfeffer Company, Inc. and the City of Albertville mutually agree that there may be issues that
develop as a result of progress that have not been covered by this Agreement that will be
dealt with on a timely basis by both parties.
4). Accomplishment Fee:
Pfeffer Company, Inc. will have day to day decision responsibility for those aspects of the
development agreed to with the City of Albertville. Payment of our Accomplishment Fee is
contingent on the sale of the developed lots and/or entire parcel. The payment of our
Accomplishment Fee shall be made at the same time as the City of Albertville receives their
payment. The Accomplishment Fee for Marketing the property shall be ten percent (10%) of
the first one million dollars ($1,000,000.00) of the sale price plus Seven and One Half Percent
(7.5%) of the balance of the sale price for each transaction. The Accomplishment Fee for
Development Services shall be Two and One Half Percent (2.5%) of the sale price for each
transaction.
• Pfeffer Company, Inc. has a positive history of jointing with our clients to create value for them
while respecting both the opportunity and the constraints that do currently and will exist.
Pfeffer Company, Inc. has spent over 20 years working with the property owners and
communities on the 1-94 corridor establishing long term relationships that continue to build on
our common successes. We actively participate on the local and national level with
professional real estate organizations, i.e. Sensible Land Use Coalition (S.L.U.C.) and
National Association Of Industrial And Office Properties (NAIOP). It is a policy of Pfeffer
Company, Inc., that the principal and/or associates may not own property for investment or
development purposes.
We look forward to joining with the City of Albertville to accomplish its goals.
Sincerely,
4'�' P 4kaA
Kevin P. Conway
0 CC: Linda Goeb
-3-
op-
06--00
REAL o
ESTATE
June 7th, 2001
555 3RD STREET • ELK RIVER, MN 55330
Office: 612-860-3983 • Fax: 763-441-8604
Linda Goeb
City of Albertville
5975 Main Ave. NE
Albertville, MN 55301
Re: City owned commercial property
Linda:
Thank you for extending the invitation to us to submit a marketing plan for the City's
commercial property. We would be very exciting to help the City sell off this property and
• help bring in more commercial users for this area. I plan on attending the City Counsel
meeting on the 1 lth of this month. However, since I will be traveling on that day, and just
in case something comes up, I will provide some basic information about us.
One of my business mottoes has been that there is: "no need to hire a group or team... we
offer just simple, personalized & professional service' . I would be personally working
on this project, not referring it to another agent or assistant. I have been selling real estate
in the metro area for 24 years. I have been a Broker and have owned my own business
since 1982. We recently changed our company name to Dynamics in Real Estate, Inc.`
My non -licensed partners own Dynamics Design & Land Co. L.L.C. which brings
development and site design abilities to my business table. We have an onsite property
manager for the projects we design and put together, and I also have a personal
transaction manager.
I have done just about everything inside the real estate business:
-represented developers and land owners to local governing units for preliminary and
final plats, and lot splits. (Andover, Blaine, Big Lake, Coon Rapids, East Bethel, Elk
River, Forest Lake, Monticello, and various townships in Wright County)
sold commercial properties: new and for re -development
-sold industrial property.
sold residential homes. new and used
• -leased retail center.
JUST SIMPLE, PERSONALIZED & PROFESSIONAL SERVICE
sold multi -family developments
• -sold lakeshore lots
sold in common interest communitim
I hold a G.R.I. designation (Graduate Realtors Institute), and currently I am one of the
Chairs for the Professional Standards and Ethics Committee(s) for the Minnesota
Association of Realtors.
At present we are selling commercial and/or industrial properties in Ham Lake, Elk River,
Albertville and Otsego. My partners are part Owners in the Otsego Waterfront commercial
development. This is a larger commercial development of which I have enclosed a copy of
the project description and development standards, along with our color promotional
handouts. Our marketing efforts are spread out over several avenues ... pre -selected areas
where a particular property may get the most exposure to the specific client we are trying
to reach. With artwork and text, we use:
-newspapers: Star Tribune, Minnesota Real Estate Journal, local papers.
-property signs.
-direct mail.
-property brochures.
•
0
-mternet/e-mails.
-phone calls. (yes... we actually pick up the phone and call prospects!)
Having several other projects for sale in the general area where the City's property is
located helps in marketing. While we would promote the site in specific individual ways,
we also will include materials on it to commercial prospects for the other properties we
promote. Our "plate" is not too full so that this project will take a backseat to others. Full
time effort and full time attention is what it will get. We always are competitive with
our real estate fees. We would charge 8% for any sales involving another Broker, and 4%
for any sales generated without an outside Broker.
We offer potential clients representation throughout their acquisition process. We can do
site design and layout, recommend engineers and contractors, and even help with financing
if the Buyers have that need.
The Seller's concerns are our concerns. User mix, accesses and parking, architectural
controls, grading, drainage, and landscaping... keeping the integrity of the development is
more important to us than patching together a last ditch effort sale.
This is a brief overview of our approach to real estate sales, and what we are about. I hope
we can do business together and I look forward to meeting you on the I Ph
Sincerely,
Broker