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2001-07-02 CC PacketALBERTVILLE CITY COUNCIL AGENDA July 2, 2001 7:00 PM ,7 vv 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) June 18, 2001, City Council Meeting 3. CITIZEN FORUM — (io Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims 5. DEPARTMENT BUSINESS zs a. Fire Department • Bids for Aerial Truck Resolution #2001-15 (Resolution Accepting Low Bid) "4�( b. Public Works (1) PW Report C. (1) Albert Villas 5`h Addition ■ Rezone 3.35 acres ■ Preliminary Plat (2) Towne Lakes ■ Rezoning ➢ Ordinance #2001-3 (An Ordinance Changing the Zoning of Certain Land in the City of Albertville, Minnesota) ■ Final Plat ■ Final PUD Plan ■ Developer's Agreement d. Engineering ■ None e. Legal 9 None FA0,"'t Tz P City Council Agenda July 2, 2001 Page 2 of 2 f. Administration (1) Selection of broker to market city property (2) Street Layout — City Property (3) Update on Community Center (Councilmember Franklin) M A*& ray oo 7,0,0" 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL Aaa June 18, 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, City Administrator -Clerk Linda Goeb, and Deputy Clerk Bridget Miller Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: Item 5e(1) Closed Session Item 5f(5) Albertville Friendly City Days — Update The agenda was amended by moving the following: • Item 5f(1) Sandy Greninger & Peggy Kauffinan — move to Item 5a(1) Franklin made a motion to adopt the agenda as amended. Berning seconded the motion. All voted aye. The June 4, 2001 minutes were amended as follows: Paragraph 1, page 3 of 5. From `City Planer Sherman ...' to `City Planner Sherman...' Berning made a motion to approve the minutes of the June 4, 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. Berning requested that Check # 14706 and #14714 be removed from the Consent Agenda and placed under the Administration Department. Wallace requested that Item 4c - Leuer-Munstertieger — Letter of Credit Reduction be removed from the Consent Agenda and placed under the Administration Department. Franklin made a motion to approve payment of Check #'s 14687 to 14705 and Check #'s 14707 to 14713 and Check #'s 14715 to 14732 as presented. Vetsch seconded the motion. All voted aye. Franklin made a motion to approve the request from Burger King to set up an outside food trailer at the Outlet Mall for the Grand Opening of Phase II. Vetsch seconded the motion. All voted aye. Albertville City Council Minutes June 18, 2001 Page 2 of 6 Chad Chicos, representing the Fire Department, inquired if the Albertville Fire Department could join the North Metro Mutual Aide group. City Council requested that the Fire Department put this on the July 2, 2001 agenda and at that time present more information on the group for the Council to make a decision. Sandy Greninger from FYCC gave an update on the program. She went into detail all the activities the program is offering. She informed them how the funds are being spent. They came before the Council in 2000 and asked for $7,000. The Council agreed to budget $3,400. She is back this year asking for the same amount of $7,000. They have already approached St. Michael for their funds. FYCC will donate $500 for benches at Oakside Park. The only stipulation is the benches have to be installed before spring of 2002. Berning asked about a skateboard park. He said the Jaycee's might be interested in funding (partially) for the City to put one in somewhere in the city. FYCC would help with that. Sandy had information available on metal ramps. She said they would be guaranteed for up to ten (10) years. She did have information on wooden ramps, but they would last up to three (3) years. It was the consensus of the Council to get more information for the next Council meeting. Public Works Report — in regards to the streetlights. The Council would like to have Mr. Guimont present at the next Council meeting to go over the need and location of streetlights. Franklin made a motion to approve Mr. Guimont to have sentence -to -serve kids repaint the inside of the hockey rink. Wallace seconded the motion. All voted aye. Berning made a motion to have Public Works do the drainage of the backyards and directed the City Engineer Carlson to send letter(s) to property owners for approval. Property owners would be responsible for restoration and connection to the drainage tile. One property owner requested the city to put in PVC piping — not the thinner type of plastic that would breakdown easily. Franklin made a motion to approve the Public Works Report. Wallace seconded the motion. All voted aye. Franklin made a motion to approve the WWTF Report. Wallace seconded the motion. All voted aye. Albertville City Council Minutes June 18, 2001 Page 3 of 6 City Planner Sherman briefly talked about the Don's Auto Service and Repair's variance request. The City Administrator commented that the Zoning Administrator Mealhouse has looked over the variance and recommends approval. Franklin made a motion to approve the Minor Variance Request from Don's Auto. Vetsch seconded the motion. All voted aye. Towne Lakes Rezoning from R-IA to PUD. City Planner Sherman went over the staff recommendations. She stated that the Preliminary Plat was before the Council about a year ago. She went over the setback requirements. She talked about the unique situations that are in this development. The First Phase of the development includes 43 lots for single- family homes. Staff recommends approval of the final plat as outlined in the findings of fact. Mayor Olson asked if there was anyone in the audience to represent this development. Mark Putman, Towne Lakes Engineer, Dave Hempl, and Shelley Thompkins were present. City Attorney Couri went over the Developer's Agreement. He commented this would be the Master Developer's Agreement for the Towne Lakes Development. As they present each additional phase they would have a Subdivision Developer's Agreement. Vetsch asked Dave Hempl to go into more detail on the detached garage situation. It is also noted about a detached second dwelling unit that may be constructed on the lot. The representatives went into long discussion regarding the detached second dwelling unit. It may be a little cottage on the homeowner's property that could house a "Family Member". Family Member defined as a brother, sister, parent, child, grandchild, or grandparent of the owner. City Attorney Couri commented that it the next item in the Developer's Agreement would make it hard for some of the homeowners to build a second dwelling unit. The maximum impervious surface coverage is 30% with the exception of a few lots. Mayor Olson added that this would be in a future phase. The first phase is single family housing. Berning asked about the pool. When would that be going in? Towne Lakes representatives commented that the timing of the schedule for the pool would be tied in with possibly the Second Phase of the development. Berning wanted to make sure it would be put in for the incoming homeowners. If that is one of the selling points of the development, he wants to see it go in. Albertville City Council Minutes June 18, 2001 Page 4 of 6 Towne Lakes confirmed that they would not misinform the buyers. They would have literature for them to look over. Berning asked about Park 1 and how many homes it would service. Towne Lakes stated that it would service 140+ homes surrounding the park. They are willing to work with the City to put in age appropriate playground equipment in the park. Berning asked for clarification on the trail materials. Towne Lakes confirmed that there would be concrete sidewalks along the streets, and as noted on the plan, there would be bituminous trails. Mayor Olson asked if the Councilmembers had any additional questions or concerns with the Developer's Agreement to contact the City Administrator or the City Attorney prior to the next meeting. Vetsch asked about the whole picture of the Darkenwald Concept Plan. Mayor Olson asked the City Administrator to contact John Darkenwald regarding the concept design. City Planner Sherman noted that if the Council wished to change the setback requirements it would require a Public Hearing at the Planning and Zoning Commission. Berning asked if the County has any say about the setback requirements of the building. City Engineer Carlson stated that the County goes with the right-of-way. It does not have any other setback requirements for the building. It was a consensus of the Mayor and Councilmembers to leave the setback as is. City Engineer Carlson discussed the street lighting. He will check at the County regarding the streetlights on County Roads. City Engineer Carlson received cost estimates for abandoning the storm sewer line through the Peterson property. The cost estimate is $16,175. City Attorney Couri will notify the Peterson's of the City's intention to relocate the storm sewer. Franklin made a motion to authorize City Engineer Carlson to get quotes for abandoning the storm sewer lines. Wallace seconded the motion. All voted aye. City Engineer Carlson informed the Mayor and Council that there was a Bid Opening today, June 18, 2001 at the City Hall Council Chamber for the 2001 Street Overlay Project. Albertville City Council Minutes June 18, 2001 Page 5 of 6 He recommended awarding the bid to Buffalo Bituminous who had the lowest bid of $142,001.20. This Street Overlay Project would do additional odd jobs throughout the City. Wallace made a motion to award the Bid to Buffalo Bituminous for the 2001 Street Overlay Project for $142, 001.20. Vetsch seconded the motion. All voted aye. City Engineer Carlson reviewed the bid process for the Savitski/Towne Lakes Lift Station. Bid opening was on Friday, June 15, 2001. They received one (1) bid. He recommends rejecting the bid — advertise again to see if they get a better response. The one area that was difficult to comply with was the completion date of August 2001. Vetsch made a motion to reject the bid from Lametti and Sons for $607,913. Franklin seconded the motion. All voted aye. Vetsch made a motion to approve the re -advertisement for bids on the Savitski/Towne Lakes Lift Station with the revised completion date of November 15, 2001. Franklin seconded the motion. All vote aye. City Engineer Carlson reported that the fire hydrant at the intersection of 57th Street and Lachman Avenue has been repaired. City Administrator Goeb commented on the Pfeffer Realty proposal. Mayor Olson made a motion to table appointing a Broker to the next City Council agenda. Mayor Olson made a motion to put the road alignment on the next City Council agenda. Berning brought to the Council's attention regarding Friendly City Days. A resident on 60th Street was selling and serving beer from plastic cups in the evening. City Administrator Goeb is to send a letter regarding the ordinance for selling of Malt -Liquor and the Noise Ordinance. Berning made a motion to approve Check No. 14706 and 14714. Franklin seconded the motion. All voted aye. Wallace asked for clarification on the Letter of Credit Reduction for the Heuring Meadows addition. City Administrator Goeb explained the process by which the city works the developments within the city. Wallace made a motion to approve the Letter of Credit Reduction for the Heuring Meadows Addition from $832,762 to $625,885. Berning seconded the motion. All voted aye. Albertville City Council Minutes June 18, 2001 Page 6 of 6 Mayor Olson recessed the open meeting at 11:12 p.m. to go into a closed session to discuss pending litigation. Mayor Olson reconvened the regular meeting at 11:24 p.m. Vetsch made a motion to adjourn at 11:25 PM. Wallace seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator .�CITY OF ALBRLLE WLW i Check Detail Register Page 1 or s Check Amt Invoice Comment 10100 security stab Bank Paid = 0147 7 1 AFRIMLE 4 AN 1TATION, INC E 101-45100.415 Other EWIpment Rentals i $317.20 106097 Rental - Portable Bills Total AFFORDABLE SANITATION, INC $317.20 1 E 101-41400.570 Office Equip and Fumishings !; $459.02 808126 lobby office furniture Total ATD•AMERICAN CO. $459.02 E 101-45100-404 Repair/Malnt - Machlnery/Equip'j $20.02 41578 Shaft - weed whip Total BEResTROM's LAWN a GARDEN $20.02 E 101-41100.351 Legal Notices Publishing $105.95 1764690 2001 Street Overlay E 10141100-351 Legal Notices Put> ng $105.95 1771707 2001 Street Overlay Total CONSTRUCTION BULLETIN $211.90 Mid 50 014783-7—MI COUIG I MMMOR E 451-49000-304 Legal Fees $247.50 July 2001 Culver's Store E 429-49000-304 Legal Fees $6.462.50 July 2001 HWY 37/19 Improvement E 458-49000.304 1 egal Fees $1,567.50 July 2001 Towne Lakes Add't E 429-49000-304 Legal Fees $742.50 July 2001 Ashley Home Store E 101-41600-304 Legal Fees $495.00 July 2001 Heritage Commons E 452-49OW-304 Legal Fps $247.50 July 2001 Outlet Mail Expansion E 101-41600-304 Legal Fees $220.00 July 2001 Industrial Park E 406-47000-304 Lei Fees $82.50 July 2001 TIF #6 E 601-49450-300 Professional Srvs (GENERAL) $27.50 July 2001 Lift Stations E 450-49000-304 Legal Fees $27.50 July 2001 AV 2nd Add't E 101-41600-304 Legal Fees $27.50 July 2001 60th St. Storm Sewer Realignme E 101-41600-3" Legal Fees k $357.50 July 2001 General Services Total COURT S MACARTH40 $10,505.00 Palo CW 014 84 7PMI MM 88 E 101-43100-215 Situp Supplies $38.51 May 2001 Acctylene tank Total DALE'S 86 $38.51 Paid SO 014785 7/2/ 1 AIS WATER 10—DPMENT CO. E 602-49400-250 Meters for Resale $964.50 3065872 2" -1 1/2 meter for re -sale Total DAVIES WATER EQUIPMENT CO. $964.50 Paid Chk# 014786 57M 1 DEM SENTAL' E 101-41300-131 Employer Paid Health $44.78 July 2001 Dental - Linda E 101-43100-130 Employer Paid Ins (GENERAL) $55.99 July 2001 Dental - Ken/Mike E 101-41400-131 Employer Paid Health $89.56 July 2001 Dental - BIM E 601-49450-130 Employer Paid Ira (GENERAL) $33.59 July 2001 Dental - John/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $33.59 July 2001 Dental - John/Mike E 101-45100-130 Employer Pail Ire (GENERAL) ' $55.99 July 2001 Dental - Tim/Mike Total DELTA DENTAL $313.50 Paid Chk# 014787 7/00-1 Y CITY OF ALBERTVILLE Friday, June 29, 2001 Check Detail Rooster Page 2 of 5 Check Amt Invoice Comment R 101436200 Donations $696.04 102974 Flap (Lions Donation Fund) Total DISPLAY SALES $696.04 Paid CW 314M 7=1 ELECTRIC i TALLATION & MNTC. E 101-49300-660 Capital Projects Reserve $4,000.00 4I001 Warning Siren i@ Oakside Park Total ELECTRIC INSTALLATION i MNTC. $4,000.00 7/2J01 IMENROYAPPEUTUS E 101-42000-404 Repair/Maint - Machhwy/Equip $2,362.93 SS47 Repairs to Engine #8 Total EMERGENCY APPARATUS $2,362.93 Paid 50 0147W WWI ESCAMM TELECOM, INC. E 101.41940-321 T $22.45 July 2001 Phone - E-mail CH Total ESCHELON TELECOM, INC. $22.45 Paid ChW 011751 1 TION E 101-49300-NO Capital Projects Re $12,007.88 94W7921 Instaila0on of Siren Q Oaksid Total FEDERAL SIGNAL CORPORATION $12,007.88 Paid 77A 1 AVATI G E 101-45100-589 CIO - Park/Trail Construction $107.40 3541 Ag Lime - Park Capital Outlay E 101-49300-660 Capital Projects Reserve $19,926.01 Psy'No. 4 2000 Barthel Drive Improvement Total FERN GRAVEL & EXCAVATING $20,033.41 Pakl= 014M/2/01 FIRST N*TXKW BANK E 322-47000-611 Bond interest $522.98 1992A GO Bond interest Total FIRST NATIONAL BANK $522.98 Palo ZMk# 014794 7 1 FRENCHOAM CURBCO. E 101-43100-400 Repair/Maint - Paved Rd $1,711.25 Pay No. 2 (FIN 2000 53rd Street Sidewalk Total FRENCH LAKE CURB CO. $1,711.25 Paid Chk# 014-7067-M 1 &SWISTATE ORE -CALL E 601-49450-209 Locates $20320 1050087 May 2001 Locates Total GOPHER STATE ONE -CALL $203.20 Paid Chk# 31-4W/2/0 E 601.49450-218 Testing Expenses $64.47 273"W phosphate test'n tube Total HACH COMPANY $64.47 Paid Chk# 0147977 1 HARVESt PRINTING E 101-41100-300 Professional Sms (GENERAL) $518.39 8168 July 2001 Newsletter Total HARVEST PRINTING $518.39 E 601-49450-210 Operating Supplies (GENERAL) $156.81 IN353448 Sio cubes/Liquid Permanganate Total HAWKEIS cm#A CAL., INC. $158.81 Paid Chk# OIZ70 M 1 LATOUR MMMWWT'M, INC. E 602-49400-404 Repair/Maint - Machlnery/Equip $227.50 101.00-14 Repair Fire Hydrant (57th/Lamb Total LATOUR CONSTRUCTION, INC. $227.50 CITY OF ALBERTVILLE Check Detail Register Friday, June 29, 2001 Page 3 of 5 E 10141300-331 Travel Expenses $108.80 LMC Card. Mileage Reimbursement E 101-41300-331 Travel $19.20 Peterson Mileage Reimbursement (Trial-C E 10141300-331 Travel Expenses $440.36 Suites/Parking Training Reimbursement Total LINDA GOER $568.36 Pant CM4 014801 Ml LYLE H. K40EEE W., INC. E 42949000-310 OtherProbselonalServioes $2,050.00 9426 Peterson Parcel Total LYLE H. NAGELL CO., INC. $2,050.00 idd Chla# 014W2 W 0.30101111 31w, LTD. E 429-49000-310 Other Professional Services $1,963.08 3136 Peterson Parcel Total MCCOMB GROUP, LTD. $1,963.08 Paid 1 1 E 602-49400-130 Employer Pail Ins (GENERAL.) $507.83 L0001 00838 Medical - John/Mike E 101-41300-131 Employer Paid Health $676.75 L0001 00838 Medical - Linda E 101-43100-130 Employer Paid Ins (GENERAL) $845.68 L000100838 Medical - Ken/Mike E 10145100-130 Employer Paid Ira (GENERAL) $845.68 L0001 00838 Medical - Tim/Mike E 101-41400-131 Employer Paid Health $1,353.46 L0001 00838 Medical - SIM E 601-49450-130 Employer Pail Ins (GENERAL) $507.83 L0001 008M Medical - John/Mike Total MEDIA $4,737.23 aid 1 7/2101 ME INARDS E 10142000-200 Office Supplies (GENERAL) $318.44 5568 8.10 Gun Safe Total MENARDS $318.44 Paid Chk# 014805 7/2/01 MIDWEST ANALYTICAL SERVICES E 60149450-218 Testing Expenses $587.00 119974 Monthly Testing Serv. Total MIDWEST ANALYTICAL SERVICES $587.00 Paid' Chk# 014 1 MIRRESMAX PLAYGROUND, INC. E 101-45100-530 Improvements Other Than 13Mgs $225.54 2001222 City Park Equipment Total MINNESOTA PLAYGROUND, INC. $225.54 7 1 N L OF WMIN E 601-49450-404 Repair/Maint - Machinery/Equip $104.98 120229 Ph Probe gel/Gloves Total NCL OF WISCONSIN $104.98 Paid 50 014808 IrMl NCPER 8 GEOP LIFE INSURANCE G 101-21710 Other Deducations $12.00 July 2001 Insurance Premium -Linda G 101-21710 Other Deducations $12.00 July 2001 Insurance Premium -Mariann Total NCPER S GROUP LIFE INSURANCE $24.00 Paid Chk# 1 /2/0 N IMMURE E 101-45100-417 Uniform Rentals $38.44 2513 Uniform - Parks Dept. E WI-49450-417 Uniform Rentals $38.44 2513 Uniform - Water E 101-43100-417 Uniform Rentals $38.43 2513 Uniform - P Works E 602-49400-417 Uniform Rentals $38.44 2513 Uniform - WWTF Total NORTHERN EXPOSURE $153.75 CITY OF ALBERTVILLE Friday, June 29, 2001 Check Detail Register Pap 4 of 5 E 101-43100-404 Repair/Maint - Ma /Equip $78.75 19312837 Tirefrube Repair John Deere Total NORTHERN TOOL & EQWPMENT $78.75 ail k# 314811 7=01 amm E 101-41400-200 Office Supper (GENERAL) $78.76 15135738 Misc Office Supplies E 101-41400-200 Office Supplies (GENERAL) $205.91 15204689 Misc Office Supplies Toted OFFICE MAX $284.67 7&01 REMW ENER-GYRINNEGASCO E 10145100-M Gas Utilities $126.00 Gas Utilities - Lander Total RELIANT ENERGYiMiNNEGASCO $126.00 aid 00 01481377M 1 S.E.H .M. E 101-41700-303 Engineering Fees $13.900.00 75M 2001 Industrial Park lmproveme E 101-41700303 Engineering Fees $2,345.00 75993 Barthel industrial Drive E 438.49000-303 Engineering Few $111.82 75996 Cedar Creek 3rd Add E 444-49000.303 Engineering Fees $55.91 75997 Psyk's 7th Add E 101.41700-303 En~ng Fees $1,479.06 75998 2001 Street Overlay E 457-49000-303 Engineering Fees $1,206.97 75999 2000 Heuring Meadows E 450-49000-303 Engineering Fa $7,953.02 76000 Albert Villas 3rd Add E 101-41700-303 Engineering Fees $371.87 76001 City Park Improvements E 438.49000-303 Engineering Fees $2,988.89 76002 2000 Cedar Creek No. 3rd E 450-49000303 Engineering Fees $292.95 76003 2000 Albert Villas 2nd E 456.49000-303 Engineering Fees $331.45 76004 2000 Towne Lakes E 450-49000-303 Englneert Fees $507.16 76005 Albert Villas Development E 101-41700-303 Engineering Fees $3,569.70 76006 Misc. Engineering Serv. E 452-49000-303 Engineering Fees $2,067.61 76016 Outlet Mail Traffic Signal E 601-49450-M Professional Srvs (GENERAL) $22,988.00 76379 Eng/RPR-Bidding/Const. Total S.E.HJR.C.M. $60,169.41 Paid 1 7/2/01 SEWW 395M, INC. E 101-45100-405 Repair/Maint - Buildings $76.46 270709 Security - Park Shelter E 101 -42000405 Repair/Maint - Buildings $50.96 270813 Security - Fire Halt Toted SENTRY SYSTEMS, INC. $127.42 Paid Chk# 01 1 a IWO 3111117 E 101-41940-321 Telephone $147.28 Long Distance Phone Service -CH Toted SPRINT $147.28 Paid 1481 7/2101 ITEEFFENS BR , INC. E 101-42000-200 Office Supplies (GENERAL.) $56.58 05/16/01 Chiefs Meeting/food Total STEFFENS BROS. MEATS, INC. $56.58 Paid Chk# 017511 7 1 T a S TRUCIKING E 101-43100-227 Street Sweeping $350.00 381 Friendly City Day/Street Sweep Total T S S TRUCKING $350.00 Paid Chk# 01M 9 7/2101 V E RIZ E 101-42000-321 Telephone $15.30 July 2001 Wireless Phone Service Total VERIZON $15.30 CITY OF ALBERTVILLE Friday, June 29, 2001 Check Detail Register Page 5 of 5 Chock AM Invoice Comment HME—M EMIM E 101-43160-381 Elecbic Utz $7.67 Lighting- 60th & MacKenzie E 10143160-361 Eloebic Utz $7.67 Lighting- 58th & MacKenzie E 101-43160-381 Electric Ut #w $7.67 Lighting- 59th & MacKenzie Total WRKU4T HENNEPIN ELECTRIC $23.01 10100 SecurRy Stab Sank $127,467.76 REQUEST FOR BIDS FOR AERIAL FIRE TRUCK AND APPARATUS The City of Albertville is accepting sealed bids for one aerial ladder truck and fire apparatus in accordance with the specifications on file with the City of Albertville, 5975 Main Avenue NE, Albertville, MN 55301. Bids will be received at City Hall until 4:00 PM on Wednesday, June 27, 2001, at which time and place bids will be opened. The City Council shall review the bids at the regular Council meeting on Monday, July 2, 2001. Bids must be accompanied by a Bidder's Bond or cash in the amount of ten percent (10%) of the bid submitted as a proposal guarantee, which, it is agreed by the contractor, will be forfeited in the event this proposal is accepted and the contract is not executed. The bid bond shall be signed by an officer of the manufacturing company bidding. Personal or company checks are not acceptable as a bonding medium. The outside of the sealed envelope must be properly marked "Bid on Fire Equipment". No bid may be withdrawn for a period of thirty (30) days after bid closing date without the consent of the Albertville Fire Department. The City of Albertville reserves the right to reject any and all bids. CITY OF ALBERTVILLE, MINNESOTA RESOLUTION NO.2001-15 RESOLUTION ACCEPTING LOW BID For Aerial Ladder Truck WHEREAS, plans and specifications for an aerial ladder truck have been prepared and have been presented to the Albertville City Council for approval; and WHEREAS, bids have been solicited in an attempt to determine the cost of the equipment. 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 27, 2001, after advertising for bids according to law; and 3. The bid of ("Low Bidder") in the amount of $ for the delivery of said euipment 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. 6. 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 2nd day of July 2001. John Olson, Mayor ATTEST: Linda Goeb, City Clerk/Administrator CITY OF ALBERTVILLE MOR„ANUUM TO: Mayor and City Council FROM: Tim Guim sst, Public Works Supervisor DATE: June 29, 2001 SUBJECT: Public Workw7arks Maintenance Report MEM DEPT. — We need to set-up a Public Works Committee to discus the purchase of a new plow truck. FYI — Boyer Ford offavd, us $1,000 for the 1919 Ford Plow Truck and $1,200 for the 1979 International Plow Truck. EAW— We have been maint0iniag all of the City Parks and mad ditches. As well as the Wastewater Treatment Plant dikes and ditches. DACOLAM W&AM -- The drain tile at 54'la Sheet and 55 h Court is in. a OMWGW curt Dmmwdt#d& waab RWNW l Rq=WW-M RepW 6-2"1.dw 114611IT"WaST AS$oC111ATtIb C0114sukTA 5CC,) 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville City Council FROM: Cindy Sherman DATE: June 27, 2001 RE: Albert Villas 5th Addition FILE NO: 163.06 — 01.05 EXECUTIVE SUMMARY Background Edina Development Corporation has submitted an application for Albert Villas 5th Addition. The application includes a request to rezone 3.35 acres and a preliminary plat to create three lots and include them under the PUD for Albert Villas. Issues Analysis Preliminary Plat/PUD Lots/Blocks The preliminary plat consists of 3 single-family lots. All lots meet or exceed the required R-1A base lot size of 15,000 sq. ft. with a minimum of 12,000 sq. ft. of upland per lot. Lot 1 is 2.41 acre, lot 2 is 0.47 acres, and lot 3 is 0.47 acres. Setbacks The ordinance requires minimum setbacks as follows: R-1 District Minimum setback Front Yard 30 feet Side Yard -interior 15 feet Side Yard -corner 30 feet Rear Yard 25 feet All setbacks are proposed as required by ordinance. Streets/Sidewalks The area is served by existing 52"d Street with an existing sidewalk. A sidewalk is proposed along CSAH 18. Landscape Plan A landscape plan has not been provided but should be submitted to provide landscaping consistent with earlier additions adjacent to Highway 18 and on individual lots Park Dedication Park dedication is proposed to be cash; currently it is $1500 per lot. GradinglDrainagellMetland CUP Plans for grading and drainage/storm have been submitted. The Engineer has no comments on the plans. Utilities Utilities exist to serve the lots. Recommendation The Planning Commission reviewed this request and they recommend approval of the three -lot division and rezoning with the following conditions: 1. A landscape plan shall be submitted consistent with adjacent phases of Albert Villas. 2. Appropriate agreements will be drafted by the City Attorney for City Council review and approval at the time of final plat. 3. The ordinance for rezoning the site will be drafted for approval at the time of final plat. Albert Villas 5t' Addition Page 2 CITY OF ALBERTVILLE 7-2-01 City Council Findings of Fact & Decision Preliminary Plat CUP/PUD Rezoning Applicant's Name: Edina Development Corporation Inc. — Albert Villas 5th Addition Request: Edina Development Corporation Inc., has submitted a preliminary plat, CUP/PUD, rezoning and PUD general plan for a 3 lot, single-family subdivision to be known as Albert Villas 5th Addition. The subject site is 3.35 acres in size and is located south of County Highway #18. The site is proposed to be zoned PUD which to be consistent with the surrounding area and adjacent development. Planning Commission Meeting Date: June 13, 2001 City Council Meeting Date: July 2, 2001 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A B. The Planning Reports and Memorandum dated June 27, 2001 from Northwest Associated Consultants are incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed and with an access to Highway 18. E. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The City Council finds the preliminary plat acceptable. G. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. Albert Villas 5th Addition Preliminary Plat etc CC Findings of Fact & Decision H. The proposed development will be compatible with present and future land uses of the area. I. The proposed use conforms to all applicable Zoning Ordinance performance standards. J. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the rezoning, and preliminary plat based on the most current plans and information received to date subject to the following conditions: 1. The property shall be rezoned to R-1A, Low Density Residential and incorporated into the existing PUD for Albert Villas at the time of final plat. 2. A landscape plan shall be submitted consistent with adjacent phases of Albert Villas. 3. Park dedication shall be fees in lieu of land and shall be paid in the amount in effect at the time of final plat. 4. Appropriate agreements will be drafted by the City Attorney for City Council review and approval at the time of final plat. NOTE: The Subdivision Ordinance specifies that final plats must be submitted within 100 days of preliminary plat approval or the preliminary plat will become null and void. Adopted by the Albertville City Council this 2nd day of July 2001. Attest: A Linda Goeb, City Administrator City of Albertville By: John A. Olson, Mayor 2 Albert Villas 5th Addition Preliminary Plat etc CC Findings of Fact & Decision NORTHWEST ASSOCIATED CONSULT./ 5 Call 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 plannersf@nacplanning.com PLANNING REPORT TO: FROM: DATE: RE: FILE NO: BACKGROUND Albertville City Council Cindy Sherman June 27, 2001 Albertville — Towne Lakes Final Plat 163.06 — 01.04 Contractor Property Developers Company (CPDC) has submitted an application for Final 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, a copy of the findings and staff report are included here for background information. 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. The R-1 A zoning remains as the underlying zone for regulations not specifically modified in the PUD approval. 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 7-2-01 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 and July 2, 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 27, 2001 ..and prepared by NAC Inc., is incorporated herein. c. The proposed use is consistent with the Albertville Comprehensive Plan Land Use Plan. d. The Zoning District designation for the subject site is changed from R-1 A to PUD pursuant to City of Albertville Ordinance 2001 - 3 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 remain in full force and a ect. 2. The development agreement is executed and recorded at Wright County. , 3. The Final Plat is recorded at Wright County. J'74 -7-0& Towne Lakes Final Plat Findings of Fact Page 1 Adopted by the Albertville City Council this 2nd day of July 2001. Attest: Un Linda Goeb, City Administrator City of Albertville John A. Olson, Mayor Towne Lakes Final Plat Findings of Fact Page 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 2nd day of July 2001. CITY OF ALBERTVILLE John A. Olson, Mayor ATTEST: BY: Linda Goeb, City Administrator FILE COPY NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Cindy Sherman DATE: July 7, 2000 RE: Albertville — Towne Lakes PUD FILE NO: 163.06 — 00.06 BACKGROUND Contractor Property Developer Company (CPDC) has submitted an application for rezoning from R-1 A to PUD, -CUP/PUD preliminary plat, and variance under the Shoreland Regulations. The plat proposes 150 single family home sites designed in a "traditional neighborhood" fashion on 85 acres for a density of 1.76 units per acre. The site is located on property between School Lake and Mud Lake in the northeast quadrant of Albertville. APPLICATIONS The proposal includes applications for rezoning from R-1 A to PUD, CUP/PUD, preliminary plat, and variance under the Shoreland Regulations. This report will summarize the applications based on the zoning regulations and Comprehensive Plan guidelines. Attached for reference: Site Location Map Project Summary and Narrative Colored Map Packet Black and White Map Packet RECOMMENDATION The requested approval of the preliminary plat, rezoning, CUP/PUD and variance under the Shoreland Regulations requires that the Planning Commission and City Council consider the application in relation to established Zoning and Subdivision Ordinance review criteria and Comprehensive Plan policies. The decision to approve, deny, or approve the project subject to conditions is viewed as a policy decision to be made by the City Council. Should the Commission/Council find the submitted plans acceptable, it is recommended that the following conditions be imposed: 1. All actions on this item are contingent upon successful completion of the EAW process. Any required modifications to the plan will require resubmittal to the City. No final approvals should be granted until the EAW is complete. 2. The plans are subject to the review and approval of the City Engineer. 3. A PUD agreement shall be drafted by the City Attorney and shall incorporate all items related to the design flexibility and the responsibilities of the developer and the City regarding improvements. 4. Homeowners Association documents shall be submitted and are subject to the review and approval of the City Attorney. 5. The Plans are subject to review and comment of Wright County and the DNR. 6. The plans are contingent upon issuance of a permit by the U.S. Army Corp of Engineers and a permit under the Wetland Conservation Act. ISSUES ANALYSIS Rezoning. The property is currently zoned R-1 A and is proposed to be rezoned to PUD to allow flexibility in the development regulations specifically as they related to lot size, lot width, lot depth, and street design. From a planning perspective and as outlined in the Zoning Ordinance, the PUD process is intended to result in the following: ■ Innovations in development; higher standards of site and building design. ■ More convenience in location and design of development and service facilities. ■ Preservation and enhancement of desirable site characteristics. ■ Creative and efficient use of the land resulting in smaller networks of utilities and streets. ■ A development pattern in harmony with the objectives of the Comprehensive Plan and a more desirable and creative environment than might be possible through strict application of zoning and subdivision regulations. Towne Lakes PUD Page 2 The applicant has submitted a narrative that explains their view of the benefits to the City and the future residents by allowing PUD design flexibility. A summary of the benefits identified include: • Preservation of trees in public space. ■ Dedication of more public park land than required by ordinance. ■ Installation of sidewalk/trail and park improvements. ■ Additional planting of trees and native vegetation. ■ High quality design in a traditional neighborhood design (TND). Comprehensive Plan. In the land use sections of the Comprehensive Plan, it is noted that the area north of 1-94 has residential development potential. The plan anticipates that development in this part of the City will be low density based on the environmentally sensitive nature of the area (Land Use Plan, Revised Development Framework, pages 21-22). The land use designation is further defined as part of Land Use Planning District Eight (Land Use Planning District Eight, Revised Development Framework, page 81). The plan calls for low density (less than five units per acre) residential development with a park land component. The proposed development appears to be consistent with the recommendation for Planning District Eight which states in part "to promote residential development between ... School and Mud Lakes." Shoreland Regulations. The area of land proposed for development is within the Shoreland Overlay District of School and Mud Lakes. Both of the lakes are identified as natural environment lakes. The Shoreland Ordinance is more restrictive than standard residential regulations and requires a more restrictive view under the ordinance. The application includes several variances under the Shoreland Regulations and the variances impact the ability to process the application as a PUD/CUP under the shoreland regulation. The variances must be granted in order for the project to be eligible for PUD. Variances from the Shoreland Regulations related to PUD (Section 4908.0, page 4900- 24): Section 4908.53, Density Increase Multipliers: The applicant is requesting use of multipliers but the plan proposed does not meet the dimensional standards (40,000 square feet with 125 foot width or 20,000 square feet with 125 foot width) as required and the setbacks are proposed to decrease to 45 feet, when the ordinance requires an increase of 50 percent or 25 percent when other impact reducing measures are applied. Towne Lakes PUD Page 3 Section 4908.53, Residential PUD Density Evaluation: This provision outlines the procedures for determining the base density for PUD. There is not an issue with the initial analysis but the ordinance restricts transfer of density to tiers further from the waterbody and in this case, they are proposing to transfer it towards the waterbody. The site is currently farmland and most of the Shore Impact Zone is cultivated. The developer is proposing an easement to enhance the areas adjacent to the lakes. The developer has requested the variances and the justification for variance is provided on page 7 of the attached narrative. Additionally, the Shore Impact Zone is discussed on page 9 of the narrative. The ordinance states that in reviewing variance requests, a finding of fact must be made that the action will not: a) Impair an adequate supply of light and air to adjacent property. b) Unreasonably increase the congestion in the public street. c) Increase the danger of fire or endanger the public safety. d) Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. e) Violate the intent and purpose of the Comprehensive Plan. f) Violate any of the terms or conditions of Item (2) below. Item 2 states that: (2) A variance from the terms of this Chapter shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved. 1. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. Towne Lakes PUD Page 4 3. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. (Also see Section 1000.3(c) of this Chapter.) b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter, or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district. e. The request is not a use variance. f. Variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The attached findings of fact for the development address the criteria outlined. If the variances are deemed appropriate then the plat can be processed as a Shoreland PUD. Shoreland PUD. Under the PUD regulations of the Shoreland Regulations, the developer is requesting flexibility in lot width, lot size, all setbacks, street widths, and in the maximum building coverage. Required Regulation Requested Flexibility Lot Size* 40,000 / 20,000 25,407 square feet maximum square feet 12,135 square feet average 8,575 square feet minimum Lot Width* 125 feet 75 foot to 85 foot average 65 foot minimum Street Setback 30 feet 15 foot house / 20 foot garage facing street Side Setback — Interior Lots 15 feet 5/10 feet-1 5 feet total between units Comer Lots 30 feet Same as street setback Rear Setback — Interior 25 feet 25 feet Riparian 150 feet 45 feet Street Widths/R.O.W. 36 feet / 60 feet 52/28 feet or 50/24 feet Maximum Building Coverage 25 percent 25-30 average — up to 45 percent * Minimum lot sizes and widths are flexible under the PUD provided density is not exceeded Towne Lakes PUD Page 5 The justification for the PUD flexibility is outlined on pages 8-10 of the developer narrative. The City needs to determine if the benefits proposed to the City adequately mitigate the design flexibility proposed. Preliminary Plat. The site is 85 acres in size with 150 lots proposed for a density- of 1.76 units per acre. The plan consists of 150 building sites, 29.4 acres of public park and open space, which includes wetland areas. There is a 75 foot wide NSP easement that cuts diagonally across the property. The plat has been laid out to minimize the effects of the easement on individual lots. It appears that the easement will only encroach slightly on Lot 1, Block 12; Lot 4, Block 17; and Lot 5, Block 6. The balance of the easement falls within public or private open space. Streets. The roadways are all proposed to be public and are proposed with narrow rights -of -way and narrower pavement. Under the PUD, they have requested 28 foot streets and 52 foot rights -of -way and 24 foot streets in 54 foot rights -of -way. The City Engineer should review and comment on the proposed streets. Drainage/Stormwater Management. The applicant is proposing a series of treatment/retention ponds and piping to accommodate drainage on the site. The City Engineer should review and comment on the request. Utilities. The proposal is to extend water and sewer service to the parcel. The City Engineer should review and comment on the adequacy of the proposed plan. Wetlands. A wetland delineation has been completed on the property and several wetlands were identified totaling 10.55 acres of the 85 acre site. The submitted plan anticipates filling approximately .51 acre of wetland and excavation of approximately .88 of wetland. Permits are necessary from the Army Corp of Engineers and under the Wetland Conservation Act prior to any work commencing on the property. EAW. An Environmental Assessment Worksheet (EA) is required for the site based on the number of lots proposed. This document has yet to be finalized but will be prepared and reviewed pursuant to the process established by the Environmental Quality Board (EQB). Prior to EAW review periods and process, no final approvals may be granted for the site. The staff review and any conditions are subject to change based on the EAW process or issues raised. If the EAW process results in significant plan modifications, the plans will be reprocessed through the City. Any action by the Commission or Council should be subject to completion of the EAW process and any plan changes subject to City Council review. Park Dedication. The plat has been designed incorporating park/open space adjacent to the lakeshore in five locations with three other internal park areas. There are Towne Lakes PUD Page 6 approximately 20 acres of park and open space excluding wetlands. In addition to the land dedication, the developer has indicated that they will construct the majority of the park amenities at their cost and will dedicate the improvements to the City. The details of the improvements and installation would be spelled out in the PUD agreement to be drafted by the City Attorney. CONCLUSION The proposed development is a unique concept in the City of Albertville that proposes design elements that have not traditionally been part of recent subdivision design in the City. The decision to approve, deny, or conditionally approve the requested rezoning, CUP/PUD, preliminary plat and variance under the Shoreland Regulations is viewed as a policy decision to be made by the City Council. The Recommendation section of this report outlines recommended conditions of approval should the Council determine that the plan should move forward. Towne Lakes PUD Page 7 CITY OF ALBERTVILLE J 8/21 /00 City Council Findings of Fact and Decision Applicants Name: Contractor Proeedy Developers Company (CPDC) Homer H. Thomgkins III, President Request: CPDC has submitted plans for development of 150 single family lots in a neighborhood called Towne Lakes PUD. The property includes 85 acres located between School and Mud Lakes in the northeast quadrant of Albertville. The application requests a rezoning from R-1A, Low Density Single Family Residential to PUD, Planned Unit Development; a CUP/PUD and variance under the Shoreland Regulations and a preliminary plat. Planning Commission Meeting Date: August 21, 2000 Findings of Fact: Based upon review of the application and evidence received, the City Council makes the folllowing findings of fact and decision: 1. The legal description is attached as Exhibit A. 2. The planning report, dated July 7, 2000, prepared by Northwest Associated Consultants, Inc. is incorporated herein. 3. The requirements of Sections 400, 500, 4800, and 4900 of the Albertville Zoning Ordinance have been reviewed in relation to the proposed plan. 4. The proposed development will not impair an adequate supply of light and air to adjacent property. 5. The proposed development will not unreasonably increase the congestion in the public street. 6. The proposed development will not increase the danger of fire or endanger the public safety. 7. The proposed development will not unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. 8. The proposed development does not violate the intent and purpose of the Comprehensive Plan. 9. The development of 150 lots on 85 acres is a density of 1.76 units per acre. 10. The proposed development meets the criteria for variance in that the land is encumbered by wetlands and utility easements that limit the location of buildable property and the plan preserves significant trees and provided a shoreland buffer. 11. The developer is proposing a plan that creates a single-family residential neighborhood with 20 acres designated for park and open space amenities. 12. The property is unique within the community in that it is located between two natural enviomment lakes. 13. The plan incorporates tree preservation, wetland mitigation and enhancement, a shoreland buffer, landscaping in excess of the ordinance, open space in excess of the olydinance, and public and private design features that make the neighborhood and PUD proposal unique. 14. The Planning Commission held a public hearing on the applications on July 12, 2000, and no member of the public submitted written or oral objections to the plan. Recommendation: Based upon the findings and applicable ordinances, the City Council hereby approves the PUD/CUP, preliminary plat and variance under the Shoreland Regulations subject to the following conditions: 1. All actions on this item are contingent upon successful completion of the EAW process. Any required modifications to the plan will require resubmittal to the City. No final approvals should be granted until the EAW is complete. 2. No rezoning of the property shall occur until the final plat is approved by the City Council. 3. The plans are subject to review and approval of the City Engineer. 4. A PUD agreement shall be drafted by the City Attorney and shall incorporate all items related to the design flexibility and the responsibilities of the developer and the City regarding improvements. 5. Homeowners Association documents shall be submitted and are subject to the review and approval of the City Attorney. 6. The Plans are subject to review and comment of Wright County. 7. The plans are contingent upon issuance of a permit by the U.S. Army Corp of Engineers and a permit under the Wetland Conservation Act. 8. Written approval shall be obtained from the DNR. 9. House designs acceptable to the City shall be submitted to demonstrate the ability to build on the smaller lots. 10. Park dedication shall be 20% of the 85 acre site. 11. Sidewalks sahll be installed by the developer on both sides of the loops street as part of roadway construction. 12. Trails identified within the plat shall be installed by the developer with a material to be approved by the City. 13. Tree trimming within the development shall be the responsibility of the Homeowners Association. 14. A second access into the site shall be addressed as phasing of the project proceeds... _ Adopted by the Albertville City Council this 21st day of August, 2000. City of Albertville ATTEST: n By: Linda Goeb, City Clerk t y i 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 853 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 4wkWesis a part of said 853 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 further 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 party's promises and considerations herein set forth, as follows: L 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 .B. 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. Comer lots, Side: Fifteen feet for the house; twenty feetfor 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 an attached garage, provided the detached garage `T does not exceed 600 square feet, and total garage square footage, including attached garages, does not exceed 1,150 square feet. Ni. A---detached--seeend...dwelling_--unit....may--- be---. construeted-... on ... a ._l©t said aeresser-y d%velling unit does not violate ", pFa-Asioas of s .Agr Rt... ...«F.amily--member-,,... is ... definM..�...a--- b er, and--moupier-of-the pr sipal dwel g: 3 vi. Maximum impervious surface coverage: 30%o for all lots except the following lots, which shall not exceed 400/o: 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. ,-, .. �ef E. Developer shall not disturb the stand of woods 1"pfeseptly 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 recreational equipment, all deep ip ers, 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. Said homeowner's association shall also enforce all pMvisions of this A ement which regulate the use of individual lots and shall take all necesM action to ensure that all lot are being used in a manner consistent with the terms of this A eement. 1. 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. I 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 LG & 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 5 agree not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. 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. M. 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. This written documentation shall be su_bgect to review and aDDroval „of . the -CitX Attorne and filed with the Wri t Coun Recorder's Office. Prior to the sale of any given lot. Said deeamentafien'mustDeveloper must inform th review -and- ape of &e City Attmey and -filed -A h the xT.. rig=n Gmmty... ew&-T!s--4ffiee: 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. All...purchasers of lots from Develo r shall execute written documentation prior to purchasing the lot which demonstrates that such pAchasers have received the information Develo r is required to g=ly under this sub ara a h. 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. 0. 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. 6 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 -( 8)ttrirl �(30 -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.` 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 l and 1 l 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: 1. 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. 7 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 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 8 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 I.U. below at seek , low. With the exc lion of the 43 lots being platted with this phW, Develo er shall not be allowed to final plat an additionall es, from said 85.3 acre Darcelof land until Developer presents a time table acceptable totheCity Council for the construction of the ` permanent sales office to be used in .conjunction with the. swimming pool described in paragraph I.U. below. 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. U -the ossaffenee of ,With the exception of the 43 lots being platteLiyith thiS Dhase. Developer shall not be allowed to final plat, any additional phases from said 85.3 acre parcel of land inswi1- said -pool. aiuluntil Develo er resents a time table acce table to the Ci Council for the construction of the swimming pool required b this sub ara a h. Upon completion of construction of said Pool Develo er 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 9 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 dookpier 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 deekspiers to the City and Department of Natural Resources, and shall not install said deeekspiers without the permission of the City and I 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, deep ip ers' watercraft mooring areas, and launching ramps to be within Said Plat. Owners of numbered lots shall not be permitted to install docks or Piers. No more than four boat slips shall be allowed on each common dopier 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 doekspiers Developer installs on said lakes. 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 ,June 11, 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. 10 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 Plata 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. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on and off -site improvements including 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 that the driveways and sod need not be installed 11 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; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights 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 lotas 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 12 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 l st and before March 30th in any given year, in which case a certificate of occupancy shall be issued onl f the o er of lot h enrr o an es w ent with th Ci d Pr vi ed a cro 150% Of e e d co, of pro ents u t o Cfi Or finance. t D r i .': • quality ponds and basins upon& Said fin _ . 5 .,ijocyjj on the Gradaig, 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. 4. Intended Use of Subdivision Lots. A. It is the Developer's and City's intent that a total of forty three single- " family detached dwelling units be constructed on the residentially zoned dots 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, 1 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 ..ex-cept-4hat dw�l�g�it abeveaot. 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 13 adjacent to the 5.3 acre parcel develops and provides street access to those portions of the 85.3 awe -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 -------$1,434,485.00 representing the sum of 100% of the estimated cost of the Municipal Improvements it - , $1 070000.0a 50% 0 of the on and off -site improvements ($25,800.00), and 150% of the estimated cost for landscaping/screening materials ($$ _ ~ - ~~ .($338.685.00), Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off - site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety` referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty(30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above 14 within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. 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: 15 i. When another acceptable letter of credit or surety is furnished to the 0Ir to replace a prior letter of credit or surety. i. When ala 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 Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 16 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 said amounts, 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 currently requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 85.3 acres inSaid-Igatahe area which received preliminary! plat approval and.as described in Exhibit G. Therefore the Sanitary Sewer Trunk Line Fees for all property receiving preliminary plat approval are expected to be. $119,420 ($1,400.00 x 85.3 acres). Developer shall construct the followingsewer trunk improvements as art of the P P development of Said Plat: and will receive a credit for the cost of such sewer improvements in the estimated amount of 80,778.50 the. actual amount shall be determinedby the amount actually paid by Developer for said sewer trunk improvements), to be applied.to sewer trunk line fees .as they due. The City shall apply __....... �... ___................ P �........... the credit to eachsueeevAw phase of Developmentbased on the femmia out in this parug aph-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 , aEre agrees that the City's. Water Trunk Line Fee Ordinance currently requires the Develo er to pgy $1 200.00 per acre in water trunk line fees. There are 85.3 acres in SAY Therefe~�ut k line feethe area which received prelimiM plat approval and as described in Exhibit G. Therefore the Water Trunk Line Fees for all property receiving preliminary plat approval are $402;364-(U;24UD9x gct�d t ,be„ 1®2,360 QQ ($1�200,04 x $5.3 acres). Developer shall construct the following water trunk line improvements as part of the development of Said Platy and 17 will receive a credit for the cost of such water trunk improvements: 02060, dwline improvements in the estimated amount of $15,128.00 the actual amount shall be determined by the amount actually aid by DeveloVer for said water trunk im rovements to be Vpfied to water trunk line fees as fty become due. The City shall apply the credit to eachsuesiive phase of Developmen until said credit is exhausted, at which time Developer shall pay any remaining Water 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 I 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 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 18 damage to public property as a result of constriction activity on Said Flat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may 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. TemQorary 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 anyportion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the 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 19 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 properly. 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 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. 20 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 a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. 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 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 21 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. NotwithsUmding 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 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-Buil&' 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. 22 B. Park, Trail and Oudot 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 purposesthe 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: Oudot A and J as shown on the final plat; OutlotJ 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. iu, Developer shall convey to the Homeowners' Association within one year of the establishment of the Homeowners' Association the following lots: 23 Outlots B, C and E as shown on the final plat; Outlots J and O as shown on the preliminary plan 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 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 24 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. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this agreement in no way constitutes approval of anything other thanthat which is explicitly specified in this Agreement. 22. Professional Fees. 25 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. Integration Clause„ Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 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 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. 26 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, municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 27 STATE OF MINNESOTA ) ) ss. 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 EXHIBIT 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 EXHIBIT 8 TOWNE LAKES Lot Area & Setbacks Phase 1 Lot / Block Lot Area Sq. Ft Side Yard Setback GaragetHouse Rear Setback Lakeshore Lot Interior Lot Front Build To Line Garage"Mouse 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 5110 50 15 / 15 25 Lot 4, Block l 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, Blodc 3 9,600 5 / 10 10125 15 / 15 X Lot 2, Block 3* 9,000 5110 10 / 25 15 / 15 X Lot 3, Block 3 15,036 5110 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 ' of 6, Block 3 9,727 5 / 10 10 / 25 15 / 15 _X ` .ot 7, Block 3 9,755 5 / 10 10 / 25 15 / 15 ' 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 10125 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, Blodc 5 10,878 5 / 10 50 15115 25 Lot 4, Block 5 10,750 5 / 10 50 15 / 15 25 Lot 1, Block 6 Lot 2, Block 6 Lot 3, Block 6 Lot 4, Block6 Lot 5, Block 6 11,877 13,028 13,100 12,936 14,283 5 / 10 5 / 10 5 / 10 5 / 10 5 / 10 58 68 69 66 60 15 / 15 15 / 15 15 / 15 15 / 15 15 / 15 32 41 42 41 35 - Lot 1, Block 7` ot 2, Block 7 9,399 10,051 5 / 10 5 / 10 10 / 25 10 / 25 15 / 15 15 / 15 X - X - GPOG Page 1 6/13101 EXHIBIT B TOWNE LAKES Lot Aron & Setbacks Phase 1 Lot Area Side Yard Setback Rear Setback Front Build To Line Shomiand Lot / Block Sq. Ft GangeMouse Lakeshore Lot Interior lot Garage"Mouse 8ufter Lot 3, Block 7 10144 silo 10 / 25 15 / 15 X 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, Blocc $" 8,827 5110 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 10125 15 / 15 X Lot 4 Bbdk 8 10,140 5110 10 / 25 15 / 15 X Lot 5, Block 8 11,916 5 / 10 10 / 25 15 / 15 X Notes: Rear setbacks are categorized by eittw riparian or interior lots. On riparian kits the setbacks listed reflect the overall average dimenslon per lot, but in no case is the setback less than W tram the OHWL at any given point. Interior lots have a 10 foot garage and 25 foot house roar yard setback. ffer dimenskms listed are measured from shoreline (OWHL) to a proposed +monumentation tine. 'Denotes lots with up to 400A impervious surface. The remaining lots shall be 30%. ~" Except when garage faces side street, then the setback is 20 feet X denotes not applicable i CPOC Page 2 6/13101 IT Nil I t off lilt M till I'll, I it 1.1, 111, till, JIM IF. I I I I 1 1. 1 1 1 1 f 111 141 N . I I t "Al An _ it N.E II I� 11 r4 ?f Irl, m I 1, 1. 1 7�7 ff ai. 3 / All � � f SCHOOL LAKE\•\ \\ a \1\. 99p41C gXiFnrlOa aawnraa- r�a...aa yr %/ / q r! :; rr ce sidmabc dtT Park ! Contractor Property Company w perry v LgJO LAKE - s%I OHaL.aq.} y \ \ m\ �\ ,N., \ •" _r-- �"� ?. I �— � � III \ P p actor mnl VERLOOK AT LYNNMLAXESME� MM LYPANAOIBRS GREEN k k II Wj Litu.. dtn LAKEsroe OVERLOOK LYNNPIDID PARK ✓: �, / ENTRY MONUbQW 2 ENTRY MONUMENT 1 Towne Lakes Parks, Trail, & Sidewalk Plan fit MAC t i t 1i !1 ; !! it OMOT 1 / Ir 1► !/ tt •t � !! OtltloT e / � � � it ! i { 4 EXHIBIT E ; d 14 e) 4. C it e 7 3 \i ii 3 i\\ i . • �ji �, � 3 ° � It 3 j 1\ 3 3 11 3 Ji J 1� , MHC i • 2 J� J 1 H / � II OUTL01 c 3 ZI aullor a I! j EffiBIT E GENERAL HOME DES -IGN GUIDE, Provide each individual home its own identity and dtiaractw. Homes must be aesthetically balanced, with details consistent with the selected architectural style, and built with quality nnatmials and work MmWjUp. Humes not dernanstrating adequate design variety will not be approved by ARC Treft/arbor/liergola as garage cam0 tags. M r r� 1. Create attractive off --lot vis%W impacts. Be mindful of the home's numing as seen from surrounding road approaches and when viewed with other ad*mt and sur- mund homes. Avoid unaccented 2 & 3 story facades. I Respond to each bYs on and off- site opparhmities to help define the views, the homers outdoor spaces and guide posi- tiom of home interior spaces 3. Select home design/ floor plans that establish a friendly n_lationship with the street via porchm decks, gradual level changes and anteways, entry sitting areas, courtyards, patios, terraaesy sheltered entrye, etc 4. Price efficiency can come with simpler, lower mom -count, "box-owbae foot plant, blended with modern, shared -space room layouts. 5. "Stage front appearance will not be approved. The homers sides and near should support the style of the house's front elevations, with sinu7ar trim, detail - ins & sidims►. 6, Carnauf age gara�rs with aatall set- backs from home front, with porch exten- sions, arbors, trellises, wing walls or retaining walls. Hide garbage & recycle bins through design 7. Add steps from garage to home, pso- vide headroom at garage service door - Allow space for added risers in garage and/or transition woum within haute, such as laundry/mudroom. Design should reduce impact of blank area above garage door(s) (ie. lowered roof line, trim/detaiis_) DETAIL ik'rovitde no�ia O"s ete"tion &atis nixed 21 A to 3 Beet above the stt+eet eleva- Host. S to 7 ris- With reduced front samadcs (tact encourage neighboft). raise borne to Prow pfvacyt. B� HOME TO BACK OF CURB ELEVATION 1. Raise home, with added front steps to capture look partim lady with reduced setbacks... can turn on -grade homes to look -outs, look- outs to walkouts. C. ROOF PITCHES 1. The roof on each home is one of the most important visual masses on the house. Roof slopes and o uvs must be appropriate to the selected style: Research your style, know its con- ventions. 2. Design and refute well tho out, s�. le and sh ong roof . hwreased roof pitches are generally P (except for some bungalow and prairie styles.) D. HARDSCAPE 7TRI ACESIPORCHES/OUTDOOR LIVING SPACE 1. outdoor kv'wg spaces cm paovide effec- tive transition between home, outdoors,. and a place of interaction with neighbors. T7use could include patios, decks, gar- dem, terraces, seating areas. If a porch or terrace. is prepared shown and labeled, it should be of sufficient size to allow seat- ing for 2, minimum Sheltered entries (without seating areas are acceptable) but then a terrace or other hard surface seating area at the front of the home must be pro- vided. III. DETAIL HOME DESIGN GUIDES The dengn of dw homes for Liberty will require a blend of standardised plans and custom adapt txm to site and ham owner needs and b3xs and hberWa streetscape will grow in character from the addi- tion of one tasteful horn after another. This depends a lot on detaik. uTVAR A PREFERRW STYLES • Designs utOWng nxKkm floor, plans within an architectural thyme. • Colonial, • vicloriart, • federal, • farmhouse, • cape card, •ttrdor • stink, • shingle, (early) prairie school • arts dL crafts b�nealow. & PREFERRED MASSING • 2 story, • story & 1/2, • ranch • 2 story with attic dormers. G GARAGE TREATME 4M 1. Use two-story/ dormer elements over garages for architectural hvterest and bonus space_ 2. Cara t door accents and detwTog, should be used to break up its scale & designed to echo home style/detailing, making it look less dominant, more a con- tinuation of the structure. Do riot we plain flush steel doors. 3. Where there are gange walls with no doors, them shouldbe wwAows that match other windows & him/addteeturral details of the home. 4. In area below floor line and above grade, use stone, cultured rock siding extension4 lattice, brick, sbww and 'band'/ verge boards. D. ENTRY PORC /STOOP 1. Provide a stoop or entry porch (of use- able size), large enough for punts and seat- ing. They should be covered by an over - bang, roof, trellis, portico or deism appro- priate to home style. 2 Where a smaller sheltered entry is planned, provide an entry setting such as veranda, deck or patio suitably sized for a minimum of two chairs. DETAIL E ROOF MATERIALS 1. Well proportioned overhangs,, fascia, gutter, soffit freeze, window trim & details,, skirt board & corner treatment supportive to selected dominant archiitec tun-1 style. 2 Roof materials may include cedatr shakes, copper, slate, or a ndnignum of 250 lb tabbed asphalt, "dimensioilo shingles. Small amounts of prefinished standing seam metal may be table. Colors should be muted, d a� shades with shad- ow coloring. 3. Valley flashing of mppet; pmfinished metal or interwoven shingles are pre- fermd. 4. Gutters and downspouts must be inte- grated to color and style of house. 5. Functional roof vents are encaaragt& Continuous covered ridge vent, shingle - over type should be used. Avoid/ minhuize box vents. F ARCHITECTURAL SIDING do TRIM 1. Use materials & Architectural trim Con- sistent with home and selected hum style. 2 Use vents, messed bays & cantidevem to create interest & shadow lines. 3. Exterior materials of any body, stone, stucco and natural wood are pee- ferr+ed. Use great can m selection of "cut tured stone" products for ARC. Samples are required. 4. Stained & prestained wood, clad, 1.1 roatous martemis or composites will be accepted if sample or iruwafactumes cata- log with trim indicated and color spedfied are submitted. b Other vinyl sidings may be a roved by ARC. Wolverine vinyl sid- mg7trim system is ARC approved. Specific colors and treatment must be ARC approved for each home. G. MASONRY - MUC ISTONE, CULTURED STONE 1. The first masomy on the house should be the Fireplace chase, if visually promi- •nent. 2 Masonry fronts rnust wrap corners to a logical stop, but no less than 247. 3. Masonry, if used, apply in locations most visive. I DETAIL 4. Columns must be sated appropriate to their height and building mass supported. H. PIRBPLACE CHASEIC HIWR EY 1. Should reflect the home's style Masonry chimney its preferred. 2. Decorative chimney caps/screens are encouraged. L DIRECT VENT FIREPLACES 1. Are permitted but bowed out 'dog- house farmms are not allowed. 2. Chimney caps should be detailed flue top of box type deswL An all wood chase is regwred to have a Majestic 1-12 0 or approved equal. J. DOORS AND W24DOWS i. The entry door is ex to be a dominant feature. Side=and trap- soms are encouraged. 2 Use rra� -efficient, quality doors & windows selected to fit the mcidtectural style. 3. Select window grilles to be in character with architectural style. 4. Sliding doors are encouraged to mimic wider We French doors. K WINDOW TRIM 1. Windows must have exterior trim con- sistent with selected architectural style, all elevation& 2 Windows and doors may be painted, natural wood, ahwimum, or vinyl dad. Muted accent colors am encouraged - ice. barest green, burgundy, colonial blue, etc 3. Shutters, if used, should be sized to look as if they could close over entire win- dow. Do not use with multiple window groupn L DECKS 1. Must be consistent with home design/ style and should be an extension of the home. 2- Above ground decks must be support- ed with 91/4"x9 IIV or equal mass columns where visible•, designed in char- acter with the massing of the home. Minimum of Vx V column where decks will not be visbie from existing or fu ture suet ta or reddecom U deck b more than, Y above glade and "visible , screening below deck nowt be pwvi ted. Home materials must extend to deck det:a'Ung. 'visiblr, from existing or future streets, homes, parks or openspace. 3. Har4drailing desip and deWiligg should be consistent with the bonWs cho- sen style. 4. Cedar, redwood and wood UP ou wood construction is encraged. aimed or stained depending on hoarse stYle- S. Fuduue cot truchon/decks should be included with the plans for apProval, but indicated as tutus a conotracdoft hL TRASH ENCLOSURE • Accommodate garbage and ek bins ttuenugh added garage width wing -wall extensions, fence enclosure extenswns, retaining walk. ■ IV. DETAIL SITE DESIGN GUIDES DIFUM A. LOT l?Rfi munON I. Lot development plan and landscape plan must be prep oed by coinpeterit experi- enced landscape designer or la nds rope wddtect 2, Completely Fence trees tinat are to be saved at a distance of 1S feet times the tree diameter in inches. IL CORNER LOTS 1. Comer lots will have special review uimg that each exposutr to the street has �eiv�oaved equal landscaping attention. C. GRADING 1. Builder's ad owner's responsibility to prevent erosion and assure positive drainage. 2- Show erosion control plan and schedule Of tasks.. 3. Show locations of topsoil stockppiles. and 6di soil stockpiles, and proposed sr7t fences. 4 Avoid abrupt slope intercept between existing and disturbed sod surFaces, and encourage rounding which blends into the natural grade - & Create contour and grade changes to enluuice privacy,pint materialm�v1 interest lify res! and amp & Sod all swates. Mirti mum: swags mint. 2% swales, minimum drainage sl a in first VY away from, all building sides. 1% on hard surface. 7. Contour site to protect mutual drainage issues and existing or potential basements. & Design, materials and layout must be submitted for ARC review. D. PAVING/FIATWOItK Deco ntive paving rneWials Safi+ sperm a-,r caKW dedduous boulevard tress. From yard piw*v must t l"M tounde Ow I ptaMM as nett as over -story trees - Carets tree & sfuub posMoMng softens b blends homes to the WeetK3M ■ 1. Flatwork and steps with decorative nosi ngs and detaid are encouraged at the front yard as well as the rear yard. 2 Decorative or colored paving is encour- aged. This includes decorative expansion joints, bleak lines, stamped and colored asphalt ("Street Print' or equal), staurped and colored concrete ("Bomanite or equal), brick or colored concrete, interlock- ing pavers. I Position retaining walla and slopes to preserve trees where possible. Select wall makviails and colors to compliment the home design and material. E. PLANTING L Site planting plan common and must include a plant list containing scientific names, sizes and planting emiditimo (balled and burlapped, potted, bare root, container grown, tree spade, etc.) Z Regularly spaced I-C caliper deciduous boulevard trees should conform to ARC guide site plan. 3. Front yard Landscapes are to respond to development planting and A.R.C. recom- mended planting plan. 4. Front yard planting must include four- dation planting ors well as both overstory, deciduous and coniferous trees, understo- ry trees and shrubs. E REQUIRED PLANTING NUDGED L The budget for the Landscape Planting Plan must equal or exceed 2 of the homes value. G. REQUIRED LANDSCAPE PLAN 2. A professional landscape LYrt must be prepared by a competent Pe designer or landscape architecL 2 ARC reserves right to require ad&dion- al landscaping (above the minimum land- scape budget) on lots where side aril rear house elevations are highly visible to views from off -lot and/or where lack of architectural design or deiailft must be offset/ screened with vegetation. f *'~; Nature! areas. woven wrath ffe gyred turf areas, help to denne Wwoor room. Select wet-assockwon plants riser water and upland planting for rogue areas. TradWnai tondng rnaWnals of trick & iron. I DETAIL K NATURAL AREAS 1. Foundation plantings dould be execut- ed in a manner consistent with each home's style. (Soften blank walls, shelter entry walks, hedges for formal design.) 2- Natural areas refer to 6ea- tuxes which function as v=isualges to frame each lot They help define the out- door door "rooms". In the front yard Antunl areas would g4mmaliyy be located dose to the street; possibly adjacent to the )at line so the same Idea could be continued by the neighboring, lot owner to the back yard natural areas are encouraged at or about the tear and/or adjacent side prop- erty lines. Natural lanctseape treatments should not replace fundabon plantings. Natural areas must be a mutually agreed upon with the ARC and would Wdude: Examples: a. Natural forest emergent vegeta- tion the b. Praide grasses, wildflowers or other perennial gad comets. c. Formal garden theme: Rowe bush garden, Formal pes+ennial garden d Patch of forest theme: a stand of young Aspen (thus wM require 10 to 20 trees, although they could, be as small as r calipee) L DECK PLANTING 1. Decks to be shaded by at least one 2 1 / r caliper deciduous shade tree. J. SOD 1. Minimum sod: front, side and W in rear yard unless it nuns into a 3:1 sbpe Slopes must be sodded and staked or seeded with appropriate gasses, mulch or other A.R.C. treatment. K FENCING 1. All fence designs must be reviewed by the ARC prior to installation. L SECURITY FENCES ` 1. Standard chainiink fences are discour- aged• M. DECORATIVE FENCES 1. Front yard fences must be limited in htieigK must be approved by A.R.C., and ace strongly encouraged to be traditionaL Design ie. picker wrought iron... 2. Vinyl white, tan or grey picket or blade, green or cream wrought iron fenc- ing allowed in rear yards. DETAIL I All fence designs must be reviewed and approved by the ARC prior to installation. 4, if fences are used, gates and archways are encouraged as a welcoming entry to ProPeY• 5. Privacy or utilityscreening must inte- graft with and complinwnt the architec lure. 6. "Invisible fences" are encouraged should be used for dog enclosures. N. RETAIMNG WALLS 1. heserve trees & complitnent home design with retaining materials &t slopes, 2. Construction details should be provided for retaining walls greater than 3 feet exposed height. I Rctautring walla should not exceed 6' per wall in height and be constructed of mate- rials such as stone, veneer or decorative concrete block (Le., keystone). Break up larM elevation drops with stepped multi- pie walls. 4. Landscape wallsurface materials and colors shall be eoznnsterd with aecrtnt mate- nals used on home. O. MAHMEWSPAPER BOXES - Mail and newspaper boxes will be pro. vided and installed by the Developer. P. HOUSE NUMBERS - Fwat yard house address identification standards (typeface & number height regaitetnertts) mast be reset. Q. UG>EffMG I. Exterior light tinctures should be in char- acter & style of home. 2 Lighting sources should be indirect where possible, with all lighting in shades of white (no colored bulbs other than at the holidays). 3. 5 lover of glaze must be avoided to neighboring lots and light sources must be shielded prevent glare. Wall washes can achieved through an eave or ground mounted light fixture. Avoid soffit -mount- ed spot lights. ARC may allow such spots only in areas not visible to street or from other lots. I Apivate space cvale,b,pool and. l ■ DETAIL 4, Tree uplights should be rea►ssed below g�d► �behind shrub mmsses or down lights should be positioned within the trees, out of prunesy view. 5. Integrate landmape lighting with deck, arbor, post, bench & trellis elements. R. DOG RUNSMOUSES 2. Must be itr nnediately adjacent to the home and screened arr, a%P nriately with design, materials and trim sioular to the primary home. S. POOLS AND HOT TUBS 1. Design, materials and layout must be submitted for ARC review done in refer- ence to the DNR openspa m plan mquhr- menta. 2. All pools and hot tabs should be fitted to the landforms, terraces, ponce and decim Above ground pools will only be allowed on specified lots so they can not be seen by the public or are made to appear as 'in ground pools'. Review all emtwmits Prior do pbamumg a POOL 3. Associated rode -required wa rdy fences, retaining walk, and lighting should meet reauinemeMs described. T. SPECUL REQUIRSUN TS 1. Daring construction each homesite will be kept dean and free of debris. Each builder wiD be held responsible for debris which blows off the site, so police your site. If the developer must clean up the appropriate charges will be paused on. 2 Every owner and builder is responsible to provide erosion control per all applica- ble regulations. EMBIT J - 1 - f ( � � pp M 2 a 804 d a � � w � G a Oq 3 T i I , E MBIT K PAGE 1 OF 7 Y 3 i r } j7Jt t 1 S.. 3y 3 d N a .rr c i M�' 1M � r a �L hWM L EXHI811 A PAGE 4 OF 7 4 W. ME'! WV > IT X PAGE 5 OF 7 �Ilrl-tylq,A " WV > IT X PAGE 5 OF 7 �Ilrl-tylq,A " I Ulm 1 MINT K PAGE 7 OF 7 � 1 w . v V F a t 3 .4 q � J +N -- - low G.7 a EMBPIT R PAGE 6 OF 7 June 27, 2001 Via Facsimile City of Albertville Ms. Linda Goeb, City Administrator 5975 Main Ave. N.E. Albertville, MN 55301 Re: Wetland Setbacks — Towne Lakes Dear Ms. Goeb: As a result of the city's recent change in the wetland setbacks from 20 feet to 30 feet in the Developer's Agreement for Towne Lakes there are a number of lots that will be impacted. Some the impacts are relatively small and manageable however, there are 9 lots that become significantly impaired and/or unbuildable without redesigning the plat. We request that the city give a variance to the new setback requirements on those lots, which are significantly impacted specifically Lot 6, Bk. 1, Lot 5, Bk. 6, Towne Lakes final plat, - future lots (preliminary plat) Lot 1, Bk. 1, Lot 10, Bk.4, Lot 1, Bk.6, Lot 3, Bk. 7, Lot 5, Bk. 11, Lot 13, Bk. 12, Lot 8, Bk. 16. I have attached for your convenience copies of the lots surveys, which shows the differences between a 20-foot and 30 foot setback on the lot. Thank you for your consideration in this matter. Sincerely David Hempel Project Manager Cc Homer Tompkins Pete Carlson, City Engineer (SEH) Mike Couri, City Attorney Encl. CPDC Corporate Offices: The Quadrant Building - 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428 phone: (763)971-0477 - fax: (763)971-0576 - email: cpdc@schererbros.com L June 27, 200..1 Via Facsimile City of Albertville Ms. Linda Goeb, City Administrator 5975 Main Ave. N.E. Albertville, MN 55301 Re: Weiland Setbacks — Towne Lakes Dear Ms. Goeb As a result of the city's recent change in the wetland setbacks from 20 feet to 30 feet in the Developer's Agreement for Towne Lakes there are a number of lots that will be impacted. Some the impacts are relatively small and manageable however, then: are 9 lots that become significantly impaired and/or unbuildable without redesigning the plat. We request that the pity give a variance to the new setback requirements on those lots, which are significantly impacted specifically Lot 6, Bk. 1, Lot 5, Bk. 6, Towne Lakes final plat, - future lots (preliminary plat) Lot 1, l3k. 1, Lot 10, Bk.4, Lot 1, Bk.6, Lot 3, Bk. 7, Lot 5, Bk. 11, Lot 13, Bk. 12, Lot 8, Bk. 16. 1 have attached for your convenience copies of the lots surveys, which shows the differences between a 20-foot and 30 foot setback on the lot. Thank you for your consideration in this matter. Sincerely David Hempel Project Manager Cc Homer Tompkins Pete Carlson, City Engineer (SEH) Mike Couri, City Attorney Encl. CPDC Corporate Offices: The Quadrant Building - 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428 phone: (763)971-0477 - fax: (763)971-0576 - email: cpdc@schererbros.com 1` / 0 I I I 30' SETBACK 6 WWestwood Professional Services, Inc. 75" Anagram Drive Eden Prairie. MN 55344 Phone: 9521937-5150 Fax: 9521937-5822 02001 Westwood Professional Services, Inc. ii I I I ►i I � it ti SCALE: 1 "=30' PROJECT NAME: TOWNE LAKES LOT 6, BLOCK 1 & T K LOT 1, BLOCK 2 OWNE LAKES MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: 1 of 1 Acoaaaa rn W Westwood Professional Services, Inc. 75" Anagram Drive Eden Prairie, MN SS344 Phone: 9S21937-S1SQ fax: 9S2A37-5822 02001 Westwood Professions! Services, Inc. I26 21 1 ..... ... ..... .... ..... .. ..... ... ... ... . ... . ... ;K !/ - SCALE: 1 "=30' PROJECT NAME: TOWNE LAKES LOT 3, BLOCK 2 TOWNE LAKES MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: of 'i \\ I 20' SETBACK i C � � \ cs. i el Westwood Professional Services, 7S99 Anagram Drive Eden Prairie, MN 55341 Phone: 952J937-5150 fay 95ZM37-5822 02001 Westwood Professional Services, Inc. .4 r6, i 5 •30' SETBACK SCALE: 1 "=30' PROJECT NAME: TOWNE LAKES LOT 5, BLOCK 6 TOWNE LAKES MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: 1 of 1 55 r..... }- `-- 1 I I 1 E E � 1I1I1I� ` icn bo s 00' i 30' SETBACK L - 30' SETBACK f 4 t ,j- 1 _ �._ — — — — D"u"'ILOT M E �. it Westwood Professional Services, Inc. 75" Anagram Clove Eden Prairie, MN S5344 Phone: 9520937-5150 Fax: 9S21937-SS22 02001 Westwood Professional Services. Inc. SCALE: 1 "=30' PROJECT NAME: TOWNE LAKES FUTURE LOTS 1 & 2, BLOCK 1 TOWNE LAKES MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: 1 of 1 O 49. ' SETBACK ; `\ f 1 / - _------- - - - - ` 30' SETBACK r\ 10 f f \ l X r SCALE: 1 "=30' W Westwood Professional Services, Inc. 75" Anagram Drive Eden Prairie. MN S5344 Pion: 9S2/937-SiSO Fax: 9SM37.5822 02001 Westwood Professional Services. Inc. PROJECT NAME: TOWNE LAKES FUTURE LOTS 9 & 109 BLOCK 4 TOWNE LAKES MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: 1 of 1 j 30 SETBACK I N . Westwood Professional Services, Inc. 7S99 Anagram Drive Eden Prairie, MN SS344 Phone: 9SIS37-5150 Fax: 9521937-5822 02001 Westwood Professionol Services. Inc. SCALE: 1 =30' PROJECT NAME: TOWNE LAKES FUTURE, TOWNE LAKES LOT 1, BLOCK 6 _MINN. DATE: 6/19/01 PROJECT NO.99360 11 SHEET: 1 of 1 IN, \ j� f / / ' / r r 30" SETBACK • \ � 'ter { x SCALE: 1 "=30' W Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 Phone: 9521937-5/50 Fax 9521937-5822 02001 Westwood Professional Services, Inc. PROJECT NAME: TOWNE LAKES . FUTURE TOWNE LAKES LOT 4, BLOCK 6 MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: i of i rA Westwood Professional Services; Inc. 75" Anagram Drive Eden Prairie, MN 55344 Phone: 9521937-5t50 fax: 952/937-5822 02001 Westwood Professionol Services, Inc. \ �J 1 30' SETBACK , l i i SCALE: 1 "=30' PROJECT NAME: TOWNE LAKES FUTURE LOT 3, BLOCK 7 TOWNE LAKES MINN. 6/19 j01 PROJECT NO, 99360 SHEET: 1 of 1 r W Westwood Professional Services, Inc. 75" Anagram Drive Eden Prairie, MN S5344 Phcme•. 9521937-5150 Fa)r 9S21937-5822 02001 Westwood Professiono! Services, Inc. SCALE: 1 "=30' PROJECT NAME: TOWNE LAKES FUTURE TOWNE LAKES LOT S. BLOCK 11 MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: 1 of 1 r W Westwood Professional Services, Inc. 7S99 Anagram Drive Eden Prairie. MN SS344 Phone: 9521937-SISO Fa= 9521937-SB22 02001 Westwood Professionol Services. Inc. PROJECT NAME: TOWNE LAKES FUTURE LOTS 12 & 13, BLOCK 12 TOWNE LAKES MINN. DATE: 6/19/01 PROJECT NO.99360 1 of 1 { i j 1 30' SETBACK / 3 e � I I / I 30' SETBACK / I J 1� 30' SETBACK\ \ SCALE: 1 „=30' Westwood Professional Services, Inc. 7599 Anagram Drive Eaten Prairie, MN 55344 Phone: 9521937.5150 fax- 952t937-5822 02001 Westwood Professional Services, Inc. PROJECT NAME: TOWNE LAKES FUTURE LOTS 79 8 & 9, BLOCK 16 TOWNE LAKES MINN. DATE: 6/19/01 PROJECT NO.99360 SHEET: 1 of 1 "I r J 1 565 3RD.STREET ELK R VER, MN 55330 Office: 612-860.3983 • Fax: i63-441-8W4 REAL Uv ESTATE June Add, 2001 City Of Albertville 5975 Main Ave. NB Albetville, MN 55301 Linda: Marly and X at down today to look over the road and: land situation We canoe up with the example of a layout, which Y have attached After scaling the example previously prepared, the nortli/south depths of the lots being created were mainly under 300'. ThatvWs to become "00" with a typical retail user when corridering $ont Yard and rear yard.setbacks. So, by swinging the roadway to -the north property line at a gentle you lindt the small lots v10 creating sevcW'WW depth lots to the west...over by Derkcnwalds larger box type users. By creating two. markets (smaller retail/office to the east, and larger users to the west) you will probably sell sites faster. There could be two to three smaller retail users to the south of the road as you come iri offCty. Rd"l9, and an office uses or two to -the. north. 'Th= you have two to three larger users south of the road and west of the wedand area. The example. could be "tweaked" somewhat so that retemion ponds could be ervated around the wetland areas, and even an access to the property tolbe north of the w'et1W area, aWwugh with tads . design, that property may have some shared benefit already because the roadway would be partially along that property line• This design is best for the City's kft rots in seUittg the land. Z hope to have the oppmU ty to work with the City in marketing this p3ropertyt Sincerely Broker JUST SIMPLE, PERSONALIZED & PROFESSIONAL'SERVICE . Y r , FFMM ; C t TY OF AL MTv i u-S FAK N0. : 7W49732L® Jun. 13 2001 09*-364-M P2 iy 41' IL.E NO. BEV0113.00 DATE; V)fIetc I C J a �N r CDLu f_N YrI Q 4. O Q ;' fir— �,��,� •�, •_ --~::.�'. �.::".�_�._ ........ :: �-- ,. Lu ,+jai 1 � ��,•% ./' rr �<,'.� , '►J 1 � ��........, .... , _ .-. it '' i i CrTY INDUSTRIAL PARK OPTION 1 WITH WET AND 'INPACT atIM ALBST fILLE, MAINNESOTA WC 0