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2001-03-05 CC PacketALBERTVILLE CITY COUNCIL AGENDA March 5, 2001 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES (a) February 20, 2001, City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims 5. SPECIAL ORDER • Towne Lakes Development — Presentation 6. DEPARTMENT BUSINESS a. Public Works (1) Report (2) Snow Removal along CSAH 37 b. Fire Department • Report C. Planning & Zoning (1) Heuring Meadows Final Plat (2) Albert Villas 4th Addition — Presentation of revised preliminary plat d. Engineering (1) Proposed Box Culvert Replacement on County Ditch 9 (2) Revised Feasibility Study — 2001 Industrial Park NE e. Legal (1) Grading Agreement — Albert Villas 4th Addition (2) Heuring Meadows Developer's Agreement f. Administration (1) Cost estimates to do market valuation of city property (2) Reschedule joint meeting with St. Michael at the St. Michael City Hall to Wednesday, March 28th City Council Agenda March 5, 2001 Page 2 of 2 (3) Response to proposal to amend Wright County Zoning Ordinance re: Bed & Breakfast zones (4) Speed Zoning Report — CSAH 19 (FYI) (5) Consider including amending Feasibility Study on the trail along CSAH 19 to include the cost of a trail south of 50ffi Street to the city boundary 7. ADJOURNMENT ALBERTVILLE CITY COUNCIL February 20, 2001 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Scott Wallace, Keith Franklin and John Vetsch, City Engineer Peter Carlson, City Attorney Bob Ruppe, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5b(1) — Approve one -day gambling license for the Albertville Fire Department on March 3, 2001 • Add Item 5e(2) — Preliminary & Final Plat issues Franklin made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. Wallace made a motion to approve the minutes of the February 5, 2001, regular meeting amended as follows: • Page 2, Paragraph 2 — Delete the word "less" on line8 • Page 2, Paragraph 5 — Change "Kalland Avenue NE" to "58th Street NE" Franklin seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. Paul Schumacher, representing the Albertville Villains, addressed the Council regarding the new baseball and softball field under construction at City Park. Engineer Carlson explained what progress has been made and what still needs to be completed. Berning made a motion to schedule a meeting with members of the softball and baseball organizations, the city engineer, Councilmembers Wallace and Berning and Public Works Supervisor Tim Guimont to work out details for the completion of the fields. Franklin seconded the motion. All voted aye. Councilmember Berning requested that Check #'s 14195, 14196, 14208, 14223, and 14229 be pulled from the Consent Agenda for discussion later in the meeting. Wallace made a motion to approve payment of the claims as presented with the above exceptions. Berning seconded the motion. All voted aye. Wallace made a motion to approve the January Revenue/Expenditure Report as presented. Berning seconded the motion. All voted aye. Wallace made a motion to accept the City Park Update. Berning seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL February 20, 2001 Page 2 of 5 Wallace made a motion to approve the Cooperative Agreement for Operation & Maintenance of New Traffic Control Signal System at CSAH 19 and the Outlet Mall Road with Wright County. Berning seconded the motion. All voted aye. Wallace made a motion to schedule the City of Albertville Board of Review Meeting for Thursday, May 10, 2001, at 7:00 PM. Berning seconded the motion. All voted aye. Wallace made a motion to approve a 3.2 Non -Intoxicating Liquor License for the Albertville Jaycees on March 24, 2001, at St. Albert's Parish Center from 6:00 PM to 12:30 AM. Berning seconded the motion. All voted aye. Wallace made a motion to approve a 3.2 Non -Intoxicating Liquor License for the Albertville Lions on March 3, 2001, at the Albertville Fire Hall from 2:00 PM to 9:00 PM. Berning seconded the motion. All voted aye. Franklin made a motion to accept the Wastewater/Water Departments Reports. Wallace seconded the motion. All voted aye. The Council authorized John to contact the Environment Equipment about the potential purchase of its 1975 International Truck and 1991 Scherco Jetter. The Council agreed to have Tim check on the potential sale of equipment that is not currently being used. Franklin made a motion to approve the one -day Gambling License for the Albertville Fire Department fundraiser on March 3, 2001. Wallace seconded the motion. All voted aye. Christian Builders have submitted an application to amend the PUD for the Park View Place 2nd Addition. The request is being made to allow porches as an option on some of the units, which affects the setbacks as originally approved. The setbacks along the rear of the units will be maintained at 20' or more. Vetsch made a motion to adopt the Findings of Fact & Decision, approving the amendment of the Park View Place 2° Addition PUD. Franklin seconded the motion. All voted aye. Berning made a motion that requests for preliminary and final plat may not be presented for Council approval simultaneously. Approval of the final plat may occur at the next meeting following the meeting at which the preliminary plat is approved. Wallace seconded the motion. All voted aye. 0 ALBERTVILLE CITY COUNCIL . February 20, 2001 Page 3 of 5 City Engineer Pete Carlson presented the Feasibility Study for the upgrade of the Savitski Lift Station. Carlson recommended an upgrade to a tri-plex station, meaning there will be three 20 hp pumps, each with a capacity of 778 GPM. Estimated costs for the lift station upgrade and the replacement of the force main is $258,440. Funds from the Sewer Trunk Access Fees will finance this upgrade. Vetsch made a motion to accept the Feasibility Study for the Savitski Lift Station and to authorize the engineer to proceed with plans and specs for the upgrade. Franklin seconded the motion. All voted aye. Carlson presented the Feasibility Study for the Towne Lakes Trunk Utilities and Lift Station. Proposed improvements would consist of a lift station, 12" PVC sanitary sewer main, and 12" water main. Estimated cost of the improvement is $343,714. Trunk sanitary sewer and water main fees would be used to fund this project. The trunk fees collected from the 86 acre Towne Lakes Development alone would be $216,000 and trunk fees from the rest of the developable service area are estimated to be an additional $596,400. Wallace made a motion to accept the Towne Lakes Trunk Utilities and Lift Station Feasibility Study and to authorize the engineer to proceed with plans and specs. Wallace, Franklin and Olson voted aye. Vetsch and Berning voted no. Berning made a motion to request the developers of the Towne Lakes Development to present an overview of the development and house designs to the City Council at the March 5`h meeting. Franklin seconded the motion. All voted aye. Carlson presented a proposal for improvements through the city -owned property located north of the mall. Improvements would consist of a 9-ton road with sanitary sewer, water and storm sewer. The City would need an easement over some privately held property to reach the lift station to be constructed in the Towne Lakes area. Routing the sanitary sewer this way allows that all property north of the freeway would drain to the Towne Lakes lift station. Estimated cost of the improvement is $800,000. Some of the cost may be assessed to other properties that will benefit, depending on the exact location of the street. The Council discussed the benefit to the city as well as the benefit to other developers. If the improvement is made, the City could market its property for commercial and/or industrial use. Franklin made a motion to adopt RESOLUTION 2001-5 titled RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING FOR HEARING ON MUNICIPAL IMPROVEMENTS TO PROPOSED ALBERTVILLE INDUSTRIAL PROPERTY. Wallace seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL February 20, 2001 Page 4 of 5 Berning made a motion to have a market analysis done on the city property to determine the best use and marketability of the property. Vetsch seconded the motion. All voted aye. Carlson reviewed the possibility of constructing a 10' wide bituminous trail from the outlet mall to 50'h Street NE. Carlson estimated a cost of $130,000, which does not include safety improvements and wetland crossing. Berning made a motion directing the engineer to prepare a Feasibility Study for the construction of a trail from 50`h Street to the mall, including possible phasing of the construction. Wallace seconded the motion. All voted aye. Carlson reviewed the Feasibility Study for a traffic signal at the intersection of CSAH 19 and the outlet mall entrance road. The signal will be three —legged with a protective/permissive left turn light. The mall developers will be responsible for 100% of the cost of the signal light, as approved in the original Developer's Agreement. Franklin made a motion to adopt RESOLUTION #2001-6 titled RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING FOR HEARING ON INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF WRIGHT COUNTY HIGHWAY NO. 19 AND THE OUTLET MALL DRIVE and to authorize the engineer to advertise for bids for the project. Wallace seconded the motion. All voted aye. Wallace made a motion to approve the Developer's/Planned Unit Development Agreement for the Dolphin Real Estate Addition as presented. The agreement outlines the development terms and conditions for the construction of a Burger King restaurant. Berning seconded the motion. All voted aye. Franklin made a motion to approve the Developer's/Planned Unit Development Agreement for the Albertville Plaza. The agreement allows for the construction of a multi -tenant retail building and a Culver's restaurant. The agreement contains a Maintenance Agreement in which the property owners pay the City for the maintenance, repair, and replacement of the sanitary sewer, storm sewer, streets, storm sewer ponds and water mains. Berning seconded the motion. All voted aye. Wallace made a motion to approve the Special Assessment Reallocation Agreement for the Albertville Plaza. Franklin seconded the motion. All voted aye. Linda reported on the meeting with Steve Praught regarding the potential sale of his property located to the south of City Hall. Praught will contact the City if he is interested in pursuing the sale. • ALBERTVILLE CITY COUNCIL February 20, 2001 Page 5 of 5 The Council scheduled a workshop for April 30, 2001, at 7:00 PM to discuss various items. Councilmembers proposed ideas for discussion with the City of St. Michael at the meeting scheduled for Wednesday, March 21" at 6:30 PM at the St. Michael City Hall. Berning made a motion to approve Check #'s 14195, 14196, 14208, 14223, and 14229. Franklin seconded the motion. All voted aye. Franklin made a motion to adjourn at 10:35 PM. Wallace seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator • CLAIMS LIST March 5, 2001 Check No. Vendor Amount 14260 ANOKA-HENNEPIN TECHNICAL COLLE 496.00 14261 CHICOS, CHAD 93.96 14262 CHOUINARD OFFICE PRODUCTS 74.62 14263 COMMERCIAL DOOR SYSTEMS, INC. 75.66 14264 COURT & MACARTHUR 7,122.50 14265 DEHN TREE COMPANY, INC 812.93 14266 DELTA DENTAL 313.50 14267 DIVERSIFIED INSPECTION SERVICE 19,658.56 14268 DJ'S TOTAL HOME CARE CENTER 61.47 14269 DON'S AUTO & REPAIR 72.46 14270 FEDERATED PROPANE 1,007.44 14271 GOPHER STATE ONE -CALL 67.20 14272 GOPHER STATE WATERJETTING 500.00 14273 INFRATECH TECHNOLOGIES, INC. 330.00 14274 KENNEDY & GRAVEN 382.77 14275 LARSON PUBLICATIONS 151.08 14276 LEAGUE OF MINNESOTA CITIES 270.00 14277 MEDICA 5,372.29 14278 MENARDS 217.25 14279 MIDWEST ANALYTICAL SERVICES 1,679.00 14280 MINNESOTA PCA 210.00 14281 MINNESOTA DEPT. OF REVENUE 746.30 14282 MORRIS, JAMES 119.00 14283 NCPER S GROUP LIFE INSURANCE 12.00 14284 NORTH EMS EDUCATION 765.00 14285 OFFICE MAX 1,929.57 14286 P.E.R.A 901.17 14287 PITNEY BOWES 337.45 14288 RELIANT ENERGY/MINNEGASCO 1,843.39 :7 • CLAIMS LIST March 5, 2001 14289 S.E.H./R.C.M. 22,958.53 14290 Void - 14291 SECURITY STATE BANK OF MAPLE L 4,706.34 14292 SENTRY SYSTEMS, INC. 50.96 14293 SPRINT 89.04 14294 SPRINT-UTS 536.10 14295 SUPERIOR FCR LANDFILL, INC. 21.95 14296 U. S. POSTMASTER 125.00 14297 UNIVERSITY OF MINNESOTA 210.00 14298 UNLIMITED ELECTRIC 312.33 14299 VERIZON 15.86 14300 WADE, CHAD 10.00 14301 WELTER'S INC. 21.34 14302 WRIGHT COUNTY HIGHWAY DEPT. 526.27 14303 WRIGHT COUNTY MAYORS ASSOC. 150.00 14304 WRIGHT HENNEPIN ELECTRIC 21.66 14305 ZETRON, INC. 83.75 Total 75,461.70 CITY OF ALBERTVILLE Thursday, March 01, 2001 Check Detail Register Page 1 of 5 Check Amt invoice Comment 10100 Security State Bank Unpaid ANOKA-HENNEPIN TECHNICAL COLLE E 101-42000-108 Medical Training $376.00 11896 Krammer, Jackie E 101-42000-108 Medical Training $120.00 11897 Wade, Chad Total ANOKA-HENNEPIN TECHNICAL COLLE $496.00 Unpaid CHICOS, CHAD E 101-42000-331 Travel Expenses $93.96 EMT Training/Mileage Total CHICOS, CHAD $93.96 Unpaid CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $74.62 W-3 forms/Step stool Total CHOUINARD OFFICE PRODUCTS $74.62 Unpaid COMMERCIAL DOOR SYSTEMS, INC. E 101-42000-521 C/O -Fire Hall $11.66 21317 T-Tum for Simplex E 101-42000-521 C/O - Fire Hall $64.00 21318 Installation charge Total COMMERCIAL DOOR SYSTEMS, INC. $75.66 Unpaid COURI & MACARTHUR E 429-49000-304 Legal Fees $137.50 Hwy 37/19 E 101-41600-304 Legal Fees $3,080.00 Burger King E 101-41600-304 Legal Fees $1,787.50 Albertville Plaza E 457-49000-304 Legal Fees $852.50 Heuring Meadows E 101-41600-304 Legal Fees $412.50 Bonding Services E 410-47000-304 Legal Fees $110.00 Mold -Tech TIF E 452-49000-304 Legal Fees $55.00 Traffic Light E 101-41600-304 Legalfees $55.00 Industrial Park E 101-41600-304 Legal Fees $27.50 Culver's Restaurant E 101-41600-304 Legal Fees $27.50 Albertville Heritage E 101-41600-304 Legal Fees $137.50 Casey's General Store E 101-41600-304 Legal Fees $440.00 2/28/01 General services Total COURI & MACARTHUR $7,122.50 Unpaid DEHN TREE COMPANY, INC E 101-41940-405 Repair/Maint -Buildings $812.93 237 Removal of trees near City Hal Total DEHN TREE COMPANY, INC $812.93 Unpaid DELTA DENTAL E 101-41400-131 Employer Paid Health $89.56 March 2001 Dental - B/M E 101-45100-130 Employer Paid ins (GENERAL) $55.99 March 2001 Dental - Tim/Mike E 101-43100-130 Employer Paid Ins (GENERAL) $55.99 March 2001 Dental - Ken/Mike E 101-41300-131 Employer Paid Health $44.78 March 2001 Dental - Linda E 601-49450-130 Employer Paid ins (GENERAL) $33.59 March 2001 Dental - John/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $33.59 March 2001 Dental - John/Mike Total DELTA DENTAL $313.50 Unpaid DIVERSIFIED INSPECTION SERVICE G 101.20801 Inspection Fees Payable $9,921.99 1663 B98- Permits G 101-20801 Inspection Fees Payable $9.736.57 1664 B98- Permits Total DIVERSIFIED INSPECTION SERVICE $19,658.56 CITY OF ALBERTVILLE Thursday, March 01, 2001 Check Detail Register Page 2 of 5 Check Amt Invoice Comment Unpaid DJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $61.47 Miscellaneous supplies Total DJ'S TOTAL HOME CARE CENTER rr�rr�, $61.47 Unpaid rr��rrurr��ir�� DOWS AUTO & REPAIR �w r E 101-43100-404 Repair/Maint - Machinery/Equip $72.46 15487 Repair'89 Chev Total DON'S AUTO & REPAIR $72.46 Unpaid FEDERATED PROPANE E 601-49450-210 Operating Supplies (GENERAL) $1,007.44 17255 Propane Total FEDERATED PROPANE $1,007.44 Unpaid GOPHER STATE ONE -CALL E 601-49450-209 Locates $33.60 E 602-49400-209 Locates $33.60 Total GOPHER STATE ONE -CALL $67.20 Unpaid GOPHER STATE WATERJETTING E 601-49450-406 R/M - Collection System $500.00 1015 Repair/sewer backup on Karston Total GOPHER STATE WATERJETTING $500.00 Unpaid E 601-49450-406 INFRATECH TECHNOLOGIES, INC. RIM - Collection System $330.00 10071 rr Total INFRATECH TECHNOLOGIES, INC. $330.00 ��r Unpaid KENNEDY & GRAVEN ■. r rr�� iwr�..r�r E 410-47000-640 Tax Increment Return Payment $382.77 TIF 10/Mold Tech Total KENNEDY & GRAVEN $382.77 Unpaid LARSON BLICATION� E 101-41100-351 Legal Notices Publishing $151.08 Publications Total LARSON PUBLICATIONS rri purr $151.08 — Unpaid i nrrrr��r LEAGUE OF MINNESOTA CITIES rr i E 101-41100-208 Training and Instruction $210.00 Scott Wallace Registration E 101-45100-208 Training and Instruction $20.00 Safety Loss Control E 101-41300-208 Training and Instruction $20.00 Safety Loss Control E 101-43100-208 Training and Instruction $20.00 Safety Loss Control Total LEAGUE OF MINNESOTA CITIES $270.00 Unpaid MEDICA E 101-41300-131 Employer Paid Health $677.81 March 2001 Medical - Linda E 101-45100-130 Employer Paid Ins (GENERAL) $156.91 March 2001 adjustments E 101-45100-130 Employer Paid Ins (GENERAL) $847.26 March 2001 Medical - Tim/Mike E 101-41400-131 Employer Paid Health $1,355.58 March 2001 Medical'- B/M E 101-43100-130 Employer Paid Ins (GENERAL) $847.26 March 2001 Medical - Ken/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $508.36 March 2001 Medical - John/Mike E 601-49450-130 Employer Paid Ins (GENERAL) $508.36 March 2001 Medical - John/Mike E 601-49450-130 Employer Paid Ins (GENERAL) $156.92 March 2001 adjustments E 602-49400-130 Employer Paid Ins (GENERAL) $156.91 March 2001 adjustments E 101-43100-130 Employer Paid Ins (GENERAL) $156.92 March 2001 adjustments CITY OF ALBERTVILLE Thursday, March 01, 2001 Check Detail Register Page 3 of 5 Check Amt Invoice Comment Total MEDICA $5,372.29 Unpaid MENARDS E 101-43100-541 C/O - Tractor/Loader $217.25 84484 Garage Door Opener Total MENARDS $217.25 Unpaid MIDWEST ANALYTICAL SERVICES E 460-49450-310 Other Professional Services $1,519.00 117910 E 601-49450-218 Testing Expenses $160.00 117954 Total MIDWEST ANALYTICAL SERVICES $1,679.00 Unpaid MINNESOTA PCA E 601-49450-208 Training and Instruction $210.00 Wastewater Operator's Conf Total MINNESOTA PCA $210.00 Unpaid MINNESOTA DEPT. OF REVENUE G 101-21702 State Withholding $746.30 Total MINNESOTA DEPT. OF REVENUE $746.30 Unpaid _ _ MORRIS, JAMES E 101-45100-104 Temporary Employees Regular $119.00 Closing Warming House Total MORRIS, JAMES $119.00 Unpaid NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $12.00 March 2001 Total NCPER S GROUP LIFE INSURANCE $12.00 Unpaid NORTH EMS EDUCATION E 101-42000-312 First Responder Training $765.00 1463 Total NORTH EMS EDUCATION $765.00 Unpaid OFFICE MAX E 101-41400-200 Office Supplies (GENERAL) $141.73 E 101-41940-580 Other Equipment $1,787.84 General Office Supplies Total OFFICE MAX $1,929.57 Unpaid P.E.R.A G 101-21704 PERA $901.17 02/10/01- 02/23/01 Total P.E.R.A $901.17 Unpaid PITNEY BOWES E 101-41400-413 Office Equipment Rental $337.45 0300939-FB01 Postage meter rental Total PITNEY BOWES $337.45 Unpaid RELIANT ENERGY/MINNEGASCO E 101-43100-383 Gas Utilities $345.00 5954 Main Ave (PW Garage) E 101-42000-383 Gas Utilities $1,098.79 Fire Hail E 101-41940-383 Gas Utilities $141.00 5975 Main Ave (City Hall) E 101-41940-383 Gas Utilities $132.60 Barthel house E 101-45100-383 Gas Utilities $126.00 5801 Lander Ave (Parks) Total RELIANT ENERGY/MINNEGASCO $1,843.39 • • • CITY OF ALBERTVILLE Thursday, March 01, 2001 Check Detail Register Page 4 of 5 E 101-41700-303 Engineering Fees $4,459.55 72209 Outlet Mail Traffic Signal E 438-49000-303 Engineering Fees $547.50 72243 CC 3rd E 450-49000-303 Engineering Fees $225.50 72244 AV 4th E 101-41700-303 Engineering Fees $1,950.00 72245 Savitski Lift Station E 101-41700-303 Engineering Fees $819.98 72246 2000 Heuring Meadows E 438-49000-303 Engineering Fees $197.50 72247 CCN 3rd E 438-49000-303 Engineering Fees $367.60 72248 CCS 6th E 101-41700-303 Engineering Fees $4,739.85 72249 Northside Comp Plan E 101-41700-303 Engineering Fees $3,545.09 72250 Misc Engineering Serv. E 450-49000-303 Engineering Fees $3,428.28 72251 2000 AV 2nd E 438-49000-303 Engineering Fees $199.00 72252 CCS 4th E 456-49000-303 Engineering Fees $1,524.28 72253 Towne Lakes Utilities E 450-49000-303 Engineering Fees $631.90 72254 AV E 453-49000-303 Engineering Fees $322.50 72255 Kollville Estates (Albertville Total S.E.HJR.C.M. $22,958.53 Unpaid SECURITY STATE BANK OF MAPLE L G 101-21703 FICA Tax Withholding $2,976.18 G 101-21701 Federal Withholding $1,730.16 Total SECURITY STATE BANK OF MAPLE L $4,706.34 Unpaid SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $50.96 255056 Security System Total SENTRY SYSTEMS, INC. $50.96 Unpaid SPRINT E 101-41940-321 Telephone $89.04 ong Distance Calls Total SPRINT $89.04 Unpaid SPRINT-UTS E 101-45100-321 Telephone $26.32 Phone -Park Shelter E 601-49450-321 Telephone $29.45 Phone - WWTF E 101-41940-321 Telephone $32.42 Phone - CH -Fax E 101-43100-321 Telephone $32.42 Phone - PW E 101-43100-321 Telephone $32.42 Phone - PW Fax E 101-42000-321 Telephone $34.28 Phone- FD-Fax E 101-42000-321 Telephone $34.28 Phone - FD-Main E 101-41940-321 Telephone $40.44 Phone - CH2 E 101-41940-321 Telephone $42.07 Phone - CH-Intemet E 101-41940-321 Telephone $107.52 tax/other expenses E 101-41940-321 Telephone $124.48 Phone CH - Main Total SPRINT-UTS $536.10 Unpaid SUPERIOR FCR LANDFILL, INC. E 101-41940-384 Refuse/Garbage Disposal $21.95 FCR Landfill Total SUPERIOR FCR LANDFILL, INC. $21.95 Unpaid U. S. POSTMASTER E 601-49450-322 Postage $62.50 Pre -paid Postage Permit fee E 602-49400-322 Postage $62.50 Pre -paid Postage Permit fee CITY OF ALBERTVI LLE Thursday, March 01, 2001 Check Detail Register Page 5 of 5 Check Amt invoice Comment Total U. S. POSTMASTER $125.00 Unpaid UNIVERSITY OF MINNESOTA E 101-45100-208 Training and Instruction $105.00 Shade Tree Training-Guimont E 101-43100-208 Training and Instruction $105.00 Shade Tree Training -Jenkins Total UNIVERSITY OF MINNESOTA $210.00 Unpaid UNLIMITED ELECTRIC E 101-41940-405 Repair/Maint - Buildings $312.33 4962 Garage Door Opener Total UNLIMITED ELECTRIC $312.33 Unpaid VERIZON E 101-42000-321 Telephone $15.86 Fire Dept -Cellular phone Total VERIZON $15.86 Unpaid WADE, CHAD E 101-42000-107 Training Reimbursement $10.00 Medical - Class Total WADE, CHAD - $10.00 Unpaid WELTER'S INC. E 101-43100-404 Repair/Maint - Machinery/Equip $21.34 misc parts for machinery Total WELTER'S INC. $21.34 Unpaid WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $526.27 2900 salt Total WRIGHT COUNTY HIGHWAY DEPT. $526.27 Unpaid WRIGHT COUNTY MAYORS ASSOC. E 101-41100-433 Dues and Subscriptions $150.00 2001 Dues Mayor Subscription Total WRIGHT COUNTY MAYORS ASSOC. $150.00 Unpaid WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities $7.22 Lighting- 58th & MacKenzie E 101-43160-381 Electric Utilities $7.22 Lighting- 59th & MacKenzie E 101-43160-381 Electric Utilities $7.22 Lighting- 60th & MacKenzie Total WRIGHT HENNEPIN ELECTRIC $21.66 Unpaid ZETRON, INC. E 601-49450-404 Repair/Maint - Machinery/Equip $83.75 249206 Voice Option chips Total ZETRON, INC. $83.75 10100 Security State Bank $75,461.70 0 6a CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: March 5, 2001 SUBJECT: Public Works/Parks Maintenance Report Streets — We placed three larger NO PARKING signs on 57 h Street between Lambert Avenue and Main Avenue. Also four new 30-mph signs were place on 50t' Street between Main Avenue and MacKenzie Avenue. , kol — All of the new garage doors are installed and the entire shop has been painted. Water Dept. - All of the Fire hydrants in the city were cleared of snow as of February 23rd. We have been doing them again this week. (March 5t') Wastewater Dept. - (regarding the jet truck). John received a new price of $0.40 a foot for jetting sewer mains in 2001. With the $7,500 budgeted for 2001 and the $4,690 carryover from 2000, we can clean approximately 30,475 feet of sewer line (almost 1/3 of the city). John estimates it would take about six weeks or 30 consecutive working days to clean this much sewer line. It is difficult for us to set aside six weeks in our schedule to one specific job/task. There are a number of other areas to factor in on our workload. I can safely say that after cracksealing and Friendly City Days, we could spend an average of two days a week on the jet truck, meaning 1/3 of the City would be jetted by October. Jetting is hard work and not a fun job to do, but I think it would save the city money and allow us to better serve the residents. The last time we had an emergency backup the cost for cleaning the line was $750. John and I went to look at the 1975 International. It seemed to be in good working order. If we were to purchase the truck, we would park it in the pond building and move the plow truck to our shop. We could then park 1 or 2 pickups in the Barthel garage. If we do not buy a jet truck, we will have to budget a minimum of $15,000 in 2002 and increase the amount for each additional year after that to clean the sewer mains. • TG:bmm Bridals conVutw CAMy DwummtsTublic Works Rep"\PW-PR Report 3-05-01.doc r. cl?e� ) NORTHWEST ASSOCIATED CONSULTANT! 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@vvinternet.com MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: February 14, 2001 RE: Heuring Meadows Final Plat FILE NO: 163.06 - 00.30 EXECUTIVE SUMMARY Background Leuer-Munsterteiger Properties have submitted an application for final plat. The request is being made to allow the development of 45 single-family homes on 23.5 acres for a density of 1.91 units per acre and the creation of two parcels for future commercial development. The Final Plat is consistent with the approved preliminary plat. Recommendation Staff finds that the final plat is consistent with the preliminary plat and therefore recommends approval as outlined in the attached findings of fact and decision. c. Linda Goeb Mike Couri Pete Carlson Scott Dahlke 0 • • • Heuring Meadows Page 2 of 2 CITY OF ALBERTVILLE 2-20-00 City Council Findings of Fact & Decision Final Plat Applicant's Name: Leger — Munsterteiger Properties: Heuring Meadows Request: Leuer — Munsterteiger Properties has submitted a final plat application for a 45 lot, single-family subdivision with an 11.77 outlot and a one lot zoned B-2 to be known as Heuring Meadows. The subject site is 37.33 acres in size and is located west of County Road 19, south of the Cottages of Albertville and east of the Center Oaks PUD. The site is zoned R-1A and B-2 and the final plat is consistent with the preliminary plat. City Council Meeting Date: February 20, 2001 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A B. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. C. Traffic generated by the proposed use is within capabilities of streets serving the property. D. The requirements of Sections 3250 of the Albertville Zoning Ordinance and the Subdivision Regulations have been reviewed in relation to proposed plans. E. The City Council finds the Final Plat consistent with the preliminary plat dated December 3, 2000 and approved by the City Council on December 18, 2000. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the final plat based on the most current plans and information received to date subject to the following conditions: • 1 Heuring Meadows Final Plat CC Findings of Fact & Decision I . Development on Lot 1, Block 5 is subject to site plan review and other reviews that may be required based on the use proposed at the time of development. 2. A legal description for a trail easement corridor 30' in width shall be provided between lots 9 and 10 Block 1, for access to Oakside Park and said trail shall be installed by the developer. Credit shall be provided towards the park dedication fee. 3. Park dedication shall be cash fees with appropriate credit provided for trails to be constructed. 4. All conditions related to the preliminary plat remain in effect. 5. A developer's agreement shall be executed prior to recording the final plat. Adopted by the Albertville City Council this 20th day of February 2001. City of Albertville John A. Olson, Mayor • Attest: By: Linda Goeb, City Administrator • 2 Heuring Meadows Final Plat CC Findings of Fact & Decision • EXHIBIT A LEGAL DESCRIPTION OF HEURING MEADOWS The Northeast Quarter of the Southeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, except the east 307 feet of the North 355 feet. 3 Heuring Meadows Final Plat CC Findings of Fact & Decision QUALITY SITE DESIGN, LLC •CIVIL ENGINEERING - LAND DEVELOPMENT 3600 Holly Lane North, Suite 100, Plymouth, MN 55447 Phone: (763) 550-9056 Fax: (763) 550-3913 TO: /ACTU • • ATTN: L�IIA" (." WE ARE SENDING YOU .Attached O Under separate cover via O Shop Drawings O Copy of Letter O Prints O Plans O Change Order O LETTER OF TRANSMITTAL Date: !j Job Number: 00/0/ the following items: O Samples O Specifications THESE ARE TRANSMITTED as checked below: O For Approval O For Your Use 0 REMARKS: O As Requested O For Review and Comment COPY TO: Tom. .4 ,5C t4 SIGNED: /f enclosures are not as noted kindly non: fy' us at once. u cc c E m N o ,°♦ ° �o c oo°E C JO Ln O O C UC n U to" IN J O,k 4 C ° C p !^E O OCy CC N CW C ti0 j br � b «y E Do Or 0 3 b i' N 0'3 N oo o bN c or �h °41� o o ¢ In I a a c ¢ ol o a c a ` t u E o ,t°, «N `o 0 0 o m c� o °E a :: ° Z,o a 17: ZN 'O ° °V gO o U c l I a a n p.�q o c� Vr G N p C C O N C U y, N J -c °C N Obr ` b UD 1 c\be d o a \ NOJD F Fm ° N �u 4u cc a IJ It,OuoN C c or c q O VI N Vi ON C n UO b Q mi j .m.• \ V7 O+I 4 I E,O pODv D UO O « � O ..O•n ; `Cp p �}U «N V 3 m U pN b D C 1ST O e vv 4� J a\ q$00 v°i„O17 'C'• I qC I G ° J.C.. 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[9's► j 0 .ve-- _LJ I�__�i'!_. __�1�__N Co N �I�L_-�T �►rsl /ro'sr_- —IL _ It^ __ °prs_ sc sr ►ro.rap d K'9Cl 00001 Wool 0001 0'00l •� o o 1. p 0000l 0000l [0'CLl . 0'SC 1 a %r n ' i i' a -B4'sl S[--- 9B1o1 ' �+r ►z 'a 'ozl 'L •z �+s /+ +/! 3s - - � o „ o S R m „ $ N o Ci +VIM+/13N+w to +w`++M- 9.09,►9.ON / I ' N, Lj •- o=oo o o so o oo , MA.4 vvv �- a.l �i .i0.11: �\ „n NNN^anNN 1j / 7 I I i7 I —-J11V�J"1 IOUIrl U'I •, 0 40 • 6/Od 2 • NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com PLANNING REPORT TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: February 27, 2001 RE: Albert Villas 4"' Addition FILE NO: 163.06 — 00.23 • EXECUTIVE SUMMARY Background Edina Development Corporation has submitted an application for Albert Villas 4"' Addition. The application includes five requests: 1. An amendment to the Comprehensive Plan to change the land use from Agricultural/Rural to Low Density Residential. 2. Rezone from A-1, Agricultural Rural to R-1A, Low Density Residential. 3. Shoreland PUD to allow lots to be platted based upon the shoreland tier standard. 4. A CUP to allow the site to be developed as a Planned Unit Development in order to allow lot width flexibility. 5. Preliminary Plat to subdivide the 99.11-acre site for 156 single-family residential development. The City Council reviewed this item in December of 2000 and atthattime denied the request because sufficient information was not provided related to the Planned Unit • Development Criteria. The Council did indicate they would reconsider the action if new information could be provided to address the PUD criteria. The applicant has provided additional information related to the lot widths and lots sizes and has provided a streetscape and landscape concept that is intended to enhance the development and distinguish it from other plats. Attached for reference: o Draft Findings of Fact o Development Data supplement o MFRA Memorandum o Concept Plan for access to Hwy 18 o Concept Plan for overall development o Concept/Phasing & Landscape Plan o Preliminary Plat & Mitigation Plan a Grading Plan o Utility Plan Issues Analysis Preliminary Plat/PUD LotsBlocks The preliminary plat consists of 156 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. Some of the lots have limited buildable area but it appears the area is adequate to accommodate contemporary house styles and useable yards. Outlot A Outlot A runs the entire length of the East Side of the plat adjacent to the lake. The outlot is 30' to 70' in width and will be deeded to the City with the final plat. As part of the construction on the site the trail shall be graded and installed by the developer with restoration provided. Setbacks The ordinance requires minimum setbacks as follows: R-1 District Minimum setback Front Yard 30 feet Side Yard -interior 15 feet Side Yard -comer 30 feet Rear Yard 25 feet • Albert Villas 0 Addition Page 2 of 6 0 All setbacks are proposed as required by ordinance. Streets/Sidewalks All public streets are shown with 60-foot rights -of -way and the streets are proposed to be constructed at 32' in width. Sidewalks are proposed on at least one side of each street. The design of the streets is subject to the review and approval of the City Engineer. Landscape Plan A narrative and a streetscape and landscape design prototype are included as an attachment to this memo. The detailed planting list will be provided with the final plat and will be incorporated into the developer's agreement. Park Dedication There is no parkland dedication proposed with the plat. Park dedication is proposed to be cash; currently it is $1500 per lot. GradingVrainage/Wetland • Plans for grading and drainagetstorm water management/wetland fill and mitigation have been submitted and are subject to the review and approval of the City Engineer. Utilities Plans for utility installation have been submitted and are subject to the review and approval of the City Engineer. PUD Provisions The use of a PUD is intended to encourage: A. Innovations in development to the extent that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. B. Higher standards of site and building design through the use of trained and experienced land planners, architects, landscape architects and engineers. C. More convenience in location and design of development and service facilities. Albert Villas 0 Addition Page 3 of 6 • D. The preservation and enhancement of desirable site characteristics such as natural topography, wetlands, woodlands, and geologic features and the prevention of soil erosion, which are over and above minimum standards and expectations. E. A creative use of land and related physical development, which allows for a phased and orderly development and land use pattern. F. An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering development costs, long term maintenance expenses, and public investments. G. A development pattern in harmony with the objectives of the Albertville Comprehensive Plan (PUD is not intended as a means to vary applicable planning and zoning principles). H. A more desirable and creative environment than might be possible through the strict application of zoning and subdivision regulations of the City. The applicant has indicated to staff that poor soil conditions, the number of wetlands on site, the constraints of the ditch on the north and power line on the west, the mandatory road connections to the south and the pipeline easement through the site all create difficulties in the development of the property. The applicant has requested flexibility for lot width only. All other lot dimensions, lot areas and setbacks are proposed as required in the R-1A district. Shoreland Ordinance The site is located within the shoreland overlay district of Swamp Lake. Swamp Lake is a classified as a natural environment lake. The designation of the lake determines what the setback, lot area and lot width requirements are. In this case there are no riparian lots because of the proposed trail corridor, so the minimum lot area is 20,000 square feet and the minimum width is 125'. This provision applies to all lots within 1000' of the ordinary high water (OHW) of the lake. This provision is not met. The applicant has indicated their desire to process the application under the Shoreland PUD provisions and provided analysis to indicate that the site is eligible for the PUD under the tier provisions of the shoreland ordinance. This provision generally allows the number of units permitted within certain distances of the water body to be platted while allowing flexibility in the lot size and width. Albert Villas 0 Addition Page 4 of 6 Based upon the amount of suitable area in each tier the number of lots permitted and proposed is outlined in the following table. TIER PERMITTED LOTS PROPOSED LOTS Tier 1 21 13 Tier 2 26 25 Tier 3 26 25 Recommendation The applications all require policy considerations to be made by the City Council. The Planning Commission recommended approval of the request. If the Council determines that the plan is appropriate then staff recommends the following conditions for consideration. The conditions have also been included in the attached findings of fact. 1. An amendment to the Comprehensive Plan to change the land use from iAgricultural/Rural to Low Density Residential shall be processed at the time of Final Plat. 2. The property shall be rezoned from A-1, Agricultural Rural to R-1A, Low Density Residential at the time of final plat. 3. A Shoreland PUD to allow lots to be platted based upon the shoreland tier standard is incorporated into the PUD agreement. 4. A CUP to allow the site to be developed as a Planned Unit Development in order to allow lot width flexibility as submitted in the plans dated January 15, 2001 subject to the streetscape and landscape plans shall be executed by the applicant. 5. Security to guarantee the installation of all streetscape and landscape plantings shall be outlined in the Developer's Agreement and shall be submitted prior to recording the final plat. 6. Outlot A shall be deeded to the City at the time of final plat. 7. A trail shall be constructed by the developer in Outlot A at the time of installation of the roadways. 8. The Developer shall install sidewalks as outlined in the approved plan at the time of roadway construction. 9. Park dedication shall be fees in lieu of land and shall be paid in the amount in effect at the time of final plat. 10.Only Lots 1-6, Block 1; Lots 1-28, Block 2; Lots 14-19, Block 8 and Lots 1-24, Block 9 may be platted until and unless Underwood Lane is extended to • Highway 18. 11. Both Kagen and Kaiser Ave. connections shall be built with Phase 1. Albert Villas 0 Addition Page 5 of 6 • 0 12. A temporary cul-de-sac shall be required at the end of Kagen Ave. until it is extended to Highway 18 13. A PUD/development agreement shall be drafted by the City Attorney that incorporates the plans as approved (or modified) and all conditions included herein. 14.The Concept Plan dated December 4, 2000 is only approved to accommodate access. No approvals are granted for the lot layout or lot sizes. The area is subject to separate development processes related to zoning and subdivision. 15.The developer shall install uniform mailboxes. 16. The access location to Highway 18 is subject to the review and approval of Wright County. Albert Villas 0 Addition Page 6 of 6 0 CITY OF ALBERTVILLE 3-5-01 City Council Findings of Fact & Decision Preliminary Plat CUP/PUD Comprehensive Plan Amendment Rezoning Shoreland PUD Applicant's Name: Edina Development Corporation Inc. — Albert Villas 4t' Addition Request: Edina Development Corporation Inc., has submitted a preliminary plat, CUP/PUD, comprehensive plan amendment, rezoning and PUD general plan for a 156 lot, single-family subdivision to be known as Albert Villas Fourth Addition. The subject site is 99.11 acres in size and is located south and east of County Ditch #9 and south to the Albertville City limits. The site is proposed to be zoned R-1A with a CUP/PUD which allows for lot width flexibility and a Shoreland PUD which allows flexibility in the lot area and width requirements within certain distances of Swamp Lake. A Comprehensive Plan amendment will be necessary to allow the low -density residential proposal in an area guided for agriculture and rural development. The property is currently . zoned A-1, Agricultural/Rural. Rezoning to R-1A, Low Density Single Family, will be necessary to accommodate the proposal. A Conditional Use Permit / Planned Unit Development will be necessary to allow flexibility from the strict provisions of the Zoning Ordinance related to lot width and under the Shoreland provisions. Planning Commission Meeting Dates: September 12, 2000, October 10, 2000, November 14, 2000, and December 12, 2000 City Council Meeting Date: December 18, 2000 and March 5, 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 October 5, 2000, December 6, 2000 and February 27, 2001 from Northwest Associated Consultants are incorporated herein. C. The City Council finds the requested Comprehensive Plan amendment to change the land use designation of the site from Agricultural/Rural to Low Density Residential acceptable. (The entire 99.1-acre site Comprehensive Land Use Plan designation shall be changed from Agricultural/Rural to Low Density Residential). • 1 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision D. The City Council finds the requested rezoning from A, Agricultural/Rural to R-1 A Low Density Single Family acceptable and in conformance with the rezoning criteria contained in the City's Zoning Ordinance. (The entire 99.1 acre site Zoning classification shall be changed from A, Agricultural/Rural to R-1A Low Density Single Family Residential). E. The City Council finds the requested Schematic and Development Plan CUP/PUD to allow flexibility of lot width and the streetscape and landscape plans acceptable and in conformance with the PUD criteria contained in the City's Zoning Ordinance. F. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. G. Traffic generated by the proposed use is within capabilities of streets serving the property with phasing as proposed and with an access to Highway 18. H. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. 1. The City has adopted a negative declaration for the EAW concerning this project. (EAW Negative Declaration was adopted by the City Council on January 3, 2000). • J. The City Council finds the preliminary plat acceptable. (156 single-family lots with park proposal per attached Exhibit C, for the 99.1-acre parcel located south of County Ditch #9). K. 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. L. The proposed development will be compatible with present and future land uses of the area. M. The proposed use conforms to all applicable Zoning Ordinance performance standards. N. 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 Comprehensive Plan amendment, rezoning, conditional use permit/planned unit development and preliminary plat based on the most current plans and information received to date subject to the following conditions: 1. An amendment to the Comprehensive Plan to change the land use from Agricultural/Rural to Low Density Residential shall be processed at the time of Final Plat. 2 A Bert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision • 2. The property shall be rezoned from A-1, Agricultural Rural to R-1A, Low Density Residential at the time of final plat. 3. A Shoreland PUD to allow lots to be platted based upon the shoreland tier standard is incorporated into the PUD agreement. 4. A CUP to allow the site to be developed as a Planned Unit Development in order to allow lot width flexibility as submitted in the plans dated January 15, 2001 subject to the streetscape and landscape plans shall be executed by the applicant. 5. Security to guarantee the installation of all streetscape and landscape plantings shall be outlined in the Developer's Agreement and shall be submitted prior to recording the final plat. 6. Outlot A shall be deeded to the City at the time of final plat. 7. A trail shall be constructed by the developer in Outlot A at the time of installation of the roadways. 8. The Developer shalt install sidewalks as outlined in the approved plan at the time of roadway construction. 9. Park dedication shall be fees in lieu of land and shall be paid in the amount in effect at the time of final plat. 10.Only Lots 1-6, Block 1; Lots 1-28, Block 2; Lots 14-19, Block 8 and Lots 1-24, Block 9 may be platted until and unless Underwood Lane is extended to Highway 18. 11. Both Kagen and Kaiser Ave. connections shall be built with Phase 1. 12. A temporary cul-de-sac shall be required at the end of Kagen Ave. until it is extended to Highway 18 • 13. A PUD/development agreement shall be drafted by the City Attorney that incorporates the plans as approved (or modified) and all conditions included herein. 14. The Concept Plan dated December 4, 2000 is only approved to accommodate access. No approvals are granted for the lot layout or lot sizes. The area is subject to separate development processes related to zoning and subdivision. 15. The developer shall install uniform mailboxes. 16. The access location to Highway 18 is subject to the review and approval of Wright County. 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 5th day of March 2001. City of Albertville 0 John A. Olson, Mayor . 3 Albert Villas Fourth AddWn Preliminary Plat etc CC Findings of Fact & Decision • Attest: By: Linda Goeb, City Administrator 0 . 4 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision • EXHIBIT A LEGAL DESCRIPTION OF ALBERT VILLAS 411 Addition That part of the North Half of the Northwest Quarter lying southerly of County Ditch and Lot 1, all in Section 11, Township 120, Range 24, Wright County, Minnesota. And The South 10 rods (165.00 feet) of the South Half of the Southeast Quarter and that part of the East Half of the Southeast Quarter of the Southwest Quarter, all in Section 2, Township 120, Range 24, Wright County, Minnesota. • • 5 Albert Villas Fourth Addition Preliminary Plat etc CC Findings of Fact & Decision Engineering Planning Surveying '.,'MFRA McCombs Frank Roos Associates, Inc. MEMORANDUM DATE: February 15, 2001 TO: Mayor and City Council City of Albertville FROM: Michael J. Gair, ASLA SUBJECT: Edina Development Corporation • Albert Villas IV MFRA #13150 • Edina Development Corporation has commissioned McCombs Frank Roos Associates, Inc. (MFRA) to provide professional design services for the proposed development of Albert Villas IV. In response to Edina Development Corporation request I have reviewed the preliminary plat and various engineering design documents including the proposed Grading Plan, Storm Drainage Plan and Utility Plans for the project. In addition, I have reviewed background information of this project including Planning Commission and City Council meeting minutes, staff planning reports and the City Council action taken in December 2000. The following are my recommendations to Edina Development Corporation as presented to the City staff on January 17 and February 14, 2001: The boundary configuration of the property as defined by Ditch No. 9, corporate limits on the south, the power utility easement on the east, Swamp Lake on the west and the jurisdictional wetlands substantially determines the general layout and configuration of the proposed Plat and Roadway Plan. I would support the plat as drawn and agree with the preliminary engineering design solutions. Absent from the Preliminary Plat and design, however, is a proposed streetscape and landscape design solution. While this information may not have been a requirement of the previous submittal, it has been my experience that the landscape design for a residential subdivision is absolutely vital to the project and in establishing the character and quality for the new neighborhood. 15050 23rd Avenue North • Plymouth, Minnesota • 55447 phone 7631476-6010 • fax 7631476-8532 e-mail: mfra@mfra.com The Willows ofAspen Brooklyn Park, MN A Need for Quality In the mid 1990's, the City of Brooklyn Park wanted to improve its image as a quality place to live within the Twin Cities metropolitan area. "The goal for next residential growth is to increase values while creating opportunities for ,'move up" single family housing in the City" stated Howard Blin, Brooklyn Park Planning Director. MFRA was brought in by a group of eight developers to work with the City to help improve the situation. .... x. , 80&aae site r r %01 AN NI • we 1 Ll .Jai Quality Solutions MRFA facilitated work of newly created private/public partnership to develop an 800- LLacre neighborhood community master plan that would serve as a blueprint for distinctive, well - ig Rear -yard Vegetative Delineation Award Winning Results The developments have been cited by the city officials as significant boosters to improving the image of the City of Brooklyn Park. Developers report the area as being in very high demand. In 1998, the Minnesota Chapter of the American Planning Association awarded the Disguised 7/anningAlwardto MFRA and the City of Brooklyn Park for this joint public/private sector project, titled "Great Places to Live Don't Just Happen". designed neighborhoods. This Plan advanced the quality of developments through use of Planned Unit Development (PUD) and conservation planning techniques. Since the initial planning stages of the 120-acre Willows of Aspen, MFRA has assisted other developers in developing other properties within the 800-acre master plan area. M FRA McCombs Frank Roos Associates, Inc. s WAVA4 0 q I >1.1 W 13 1 r/ v 160 IN • Mayor and City Council February 15, 2001 Page 2 In this regard, we offer a landscape design solution intended to add residential quality and character to the neighborhood, enhance property values and sustain interest in the development plan. This has been accomplished by engaging the services of MFRA's Site Design and Landscape Architect. The professional experience of the site designer and landscape architect in combination produce a landscape design solution that will in fact enhance the presumed livability and the overall aesthetic quality of the residential development. This is possible by first analyzing and understanding the general street pattern relative to site views as experienced from the motorist and pedestrian and secondly by designing a planting scheme that responds to these visual experiences. In addition, strategic landscape plantings are introduced in the vicinity of the wetlands, storm water pondings and on rear lot lines to further enhance the residential outdoor living environment, to delineate property and to define open space. The public right-of-way area of a subdivision plan which includes streets, sidewalks, boulevards and front yards is typically a distance of approximately 120 feet measured from building setback to building setback. It is this semi-public/public realm of open space that provides "curb side appeal" and the first impression to the motorist and pedestrian passing through the neighborhood. The first impression should be a positive experience as a result of a well -conceived Street Landscape Plan. This design approach involves strategically placing streetscape trees within the public right-of-way • in a pattern and spacing sequence that provides a "rhythm" and a pleasant ambience indicative of other quality neighborhoods. The importance in emphasizing the landscape design within the public realm of a subdivision, namely the streetscape, is that a relatively large percentage of the residential subdivision land area includes front yards, boulevards, streets and sidewalks. The design of the subdivision should capitalize on this open public space by presenting the most positive practical design for purposes of enhancing the visual qualities of the neighborhood and ensuring the sustainability of the neighborhood in terms of appearance and values. At the March 5, 2001 Council meeting I will present a composite plan for the Albert Villas IV including a review of the open space components and the Master Landscape Design Plan. Additionally, I will present a brief slide show which illustrates actual experience with these design concepts and the positive results. At the March 5 Council meeting I will provide graphic information involving two other developments that incorporate similar landscape design plans. In conclusion, the end result of this design effort is the creation of a neighborhood, Albert Villas IV, that will offers greater aesthetic value, which translates to a higher apparent quality development and is potentially more marketable. • Mayor and City Council February 15, 2001 Page 3 I look forward to the City Council meeting of March 5th and the presentation of these design solutions and materials for your review and consideration. Enclosures: Willows of Aspen Model Albert Villas IV Prototype cc: Linda Goeb, City Administrator Cindy Sherman, Consultant Planner, Northwest Associated Consultants, Inc. Peter Carlson, Consultant Engineer, SEH Michael Couri, City Attorney, Couri & MacArthur Gary Rudy, Edina Development Corporation sAmainAedi 13150\correspondence\albertvillas2-14 • 0 0 Lot Width Interior Lot Setback Side Yard Setback Lot Area (min.) Upland Area (min.) Density (gross area) • Lot Width 85-89 90-94 95-99 100-104 105-109 110-114 115-119 120-124 125-129 130-134 135-greater 0 Development Data Albert Villas 4 h Addition 114A Zoning 100' min. 15' 30' - 15,000 sq. ft. 12,000 sq. ft. 2.9 units/ac. Albert Villas 4th 90' min. 103' Average 15' 30' 15,000 sq. ft. 23,132 sq.ft. avg. 12,000 sq. ft. 18,058 sq.ft avg. 1.6 units/ac. Lot Widths Albert Villas 4th # Lots Percentage 0 0.0% 50 32.1 % 17 10.9% 39 25.0% 6 3.8% 25 16.0% 8 5.1 % 2 1.3% 2 1.3% 1 0.6% 6 3.8% 02/21/01 Albert Villas (1-3) 85' min. 95.1' Average 10, 20' 12,500 sq. ft. 18,086 sq.ft. avg. 12,000 sq. ft. 14,830 sq.ft. avg. 1.3 units/ac. Albert Villas 1st,3rd # Lots Percentage 68 38.4% 43 24.3% 21 11.9% 17 9.6% 10 5.6% 4 2.3% 4 2.3% 2 1.1% 3 1.7% 2 1.1% 3 1.7% 5Tlo of lots comply with R-1A standard 25.4% comply with R-1A standard 32% exceed R 1A By at least 5' 15.80% exceed R: lA By at least 5' 103.0' Average lot width 95.1' Average lot width • Lot Area (sq.tt.) 12,000 - 14,999 15,000 - 15,999 16,000 - 19,999 20,000 - 24,999 25,000 - 29,999 30,000 - 34,999 35,000 - 39,999 40,000 - greater Lot Area (sq.tt.) 12,000 - 12,999 13,000 - 14,999 15,000 - 19,999 20,000 - 24,999 25,000 - 29,999 30,000 - 34,999 35,000 - 39,999 Total Lot Area Albert Villas 4th Albert Villas 1st-3rd # Lots Percentage # Lots Percentage 0 0.0% 15 8.5% 22 14.1 % 48 27.1 % 58 37.2% 75 42.4% 34 21.8% 28 15.8% 12 7.7% 8 4.5% 14 9.0% 2 1.1 % 10 6.4% 1 0.6% 6 3.8% 0 0.0% 1000% comply with R-lA 85.9% exceed R 1 A by at least 1000 fl 48.70% exceed R lA by at least 5000 fe 36.5% - 57 lots are larger than %z acre 3.21/6 - 5 lots are larger than 1 acre 91.5% comply with R-IA 85.90% exceed R-IA by at least 1000 fe 22.0`/o exceed R-IA by at least 5000 fe 11.20/9 - 20 lots are larger than %: acre 0`/0 - no lots are larger than 1 acre Upland Lot Area Albert Villas 4th Albert Villas 1st-3rd # Lots Percentage # Lots Percentage 19 12.2% 58 32.8% 33 21.2% 53 29.9% 72 46.2% 57 32.2% 16 10.3% 7 4.0% 8 5.1 % 1 0.6% 6 3.8% 1 0.6% 2 1.3% 0 0.0% 100% comply with R lA 87.8% exceed R-IA by at least 1000 fig 11.5% -18 lots are larger than %2 acre (approx. twice R-IA minimum) 100% comply with R lA 67.20% exceed R-lA by at least 1000 If 1.1% - 2 lots are larger than %Z acre (approx. twice R lA minimum) Notes: + By ordinance largest allowable house is 25% of total lot area ■ For a typical R lA 15,000 fe house largest possible structure is 37500 fe. ■ Lot data for Albert Villas 18`-3`d was taken from lot data provided for 12/02/1999 preliminary plat application for Albert Villas. u T 4D 4 J } F-- ' m i d 2 8aaa E e 0 C s I R ei y � o i N jjZZ�CC YyyW1 W ,,JJ Ng n Nf y��<p��ypJW yyS lxQ ZpO NN Z <Q�R p'J Fy�NN �W Sy"� J riW` NQ I 0 1 R I I iMW 33S 3Nr*MVw • m C U a U ar 11 y 3 X i �Fo Ott 9 a 11 • g tt t t: ttttt ;Y s >�st�Rs► R_RAW � _o all 8 C 8 fi g Y 1 d S - �,1 1 1 I• 1 N , Y e 91� - --- - �} -- bt �-, cn � -� •\ \ �� 4 � -_ .'.�i �'L _J' I { I I it 1 -.- \ tq \ ^ - - �% �r-liw-ll` 1 --ate 1 I_ ' I •F0 - -_ FM— -_jam I LI->"may 1 a,l .NG blo to I I Q r-•-"ili�-I1'�I 1 :: \-- -- lq ', • -` �-r \ h 1 '1 — - I I iI I ri-iiia --i f-- \ l _ ` \` - - �� �� _ MI I � {� > ta+�j T 1 // \` / a •l1��: � /^\ '\ � I I I I `` �y I 1 e-►..-_� I I--� F_ y{r_ 1 1. 1 VOW ra 0-04 NN ♦ T ,/ ,/ ♦ . a :1 N / r Ala y, - \\ �' i o, ----- - - 1� .._ I r p r� f_�A/V p m ,. f.. 1---•-T---_ i •'• 1 , // '[!r / ` I � �1 AVO. aWtf#). 17 1� � ___ •-• • / 1 1 I i/ ' 10 22 --T---T___-1•-_--T_____ ''--'���� /f I . .:.,. f►a i7II..- I 1 1 I ,jl, I T-- -Waif Il�:af w II I I IE -- II 1 1 /-E-----J----1--- --- -- ter" ----------�-------- �� � " \ AUYO momi0d01Y i � � a � F «• 1 / Ji _ Odo d •• o4grY tP i 0 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS V4M Cow► ftauc Work# BuOdim 1901 Highway m North Buffalo, Vinrtemb W313 At T.A: 0 and C.R. IN Tgephm MM) 692-M FAX MU) W&7313 l WAYNB A. HIId4At8 C1N, P.E. M VMGM G. KAlVIM P.E. Aniat=t MshwW Estxoar HICHAED s. MA2QUETTE Rift of Way Ayant February 21, 2001 Pete Carlson P.E. SF.YH, Inc. 1200 25" Ave So. 2335 West Highway 36 St Paul, MN 55113 Re: Wright County Board Action for Proposed Box Culvert Replacement on County Ditch 9 Dear Pete: Attached is a memo regarding the action of the Wright County Board of Commissioners yesterday in regards to the Wright County Highway Department proposal to replace the drainage structure for County Ditch 9 under County State Aid Highway No. 18. As you know, CSAH 18 from CSAH 75 in Monticello to CSAH 19 in Albertville; is being improved in three (3) phases and the final phase from CSAH 37 to CSAH 19 includes the County Ditch 9 crossing. This last phase is expected to be completed during the 2001 construction season. As the memo indicates, the County Board approved the placement of a 12 x 8 foot box culvert to replace the 75 year old 10.5 x 8.1 box culvert as part of the CSAH 18 work using State Arid fimds. This approval, is contingent on the approval of the Wright Soil & Water Conservation District and the Cities of Albertville and St Michael. "Mis item will be on the February 2611 agenda of the Wright Soil dt Water TEP panel for discussion. r,f\i"� � 1ofrs oivi♦ • �•••Y•••+� BOW Qppo►twuty A y7rmadue Act im 8}npto3sr Vif61/Vi VV.VV VJ%JL ViV iiv 7Vvi vaiaa - "- • Carlson Letter, Pg 2 February 21, 2001 I respectfully request that your consult with other City of Albertville officials and send a written response to this request. It is timely that we receive a response so that project plans can be completed and forwarded to Mn/DOT for final approval. Please contact me at 763-682-7387 with any questions or comments. Sincerely, V-.--4 Virgil Hawkins Assistant County Engineer Wright County Highway Department Enclosure; 1 Pg Memo Concerning Co Board Action on Co Ditch 9 1 Risk Analysis for Box Culvert Sizing pc: Wayne Fingalson, Wright County Engineer Elmer Eichelberg, Co. Commissioner, Dist 4 Brian Asleson, Assistant County Attorney, Wri& Co. • Richard Marquette, Engineering Assistant, Wright Co Hwy Dept. • 4 a Imo'' o 16 lose WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wrsht county Public Worb BuMne 1901 Xighuay f's North Buffalo, MWusota 65313 Jet T.X. 86 and CA Z38 Telephone: (1B3) M7383 FAX (788) M-7313 Date: February 21, 2001 To: Co Ditch 9 File SAP 8"1847 From: Richard Marquette, Engineering Assistant WAYNS A. iU#GAMK P.E. HwhWernashow (M) US-raee VnROM G HAWNINS, P.E. Anktant MgImV ancxAxn a. ttARQr WM of Wq Apet (760 02-'78ii County Board Action on Approval of 12 x 8 foot Box Calvert Proposed for CSAH 18 County Ditch 9 Crossing As County Ditch 9 is currently under the jurisdiction of the Wright County Board, the Highway Department proposal to replace the existing 75 year old structure (10.5 x 8.1 foot) cast in place box culvert under County State Aid Highway No. 19, was prey to the County Board on February 20, 2001 for the approval to install a 12 x 8 foot precast box culvert as part of the State Aid project SAP 86-61 M7 using State Aid regular fUnds. This size was recommended thru a Risk Analysis process completed by Brian Walters, P.E. working for Hancock Culvert Co. 11w County Board voted to accept the proposal with the condition that it is acceptable to the Wright Soil & Water Office and the City Engineers for the Cities of St Michael and Albertville as these cities are in fie process of taking over the jurisdiction of County Ditch 9. The ditches primary use has changed from an agricultural type drainage to storm water runoff and the need for retention facilities. The proposed replacement structure will be installed at the same location and invert elevation as the existing straneture. Pc: Wayne Fingalson, Wright County Engineer Elmer Eichelberg, County Commissioner, Dist. 4 Kerry Saxton, Manager, Wright Soil & water Conservation District Pete Carlson, SEH Inc., City Engineer, City of Albertville Jeff Roos, McCombs Frank Roos 8t Associates, Inc. City Engineer, City of St Michael Brian Asleson, Assistant Wright County Attorney Virgil Hawkins, Assistant County Engineer 0 Equd 4Pportundy / Aff'"kmWav action Enwtoyer 02/27/01 03:55 FAX 320 229 4301 sisn Ri,u�AL.IL•.^ �vvv November 20, 2(XX) • Wayne Fingalson, P.E. Wright County Highway Department 1901 Hwy 25 N Buffalo, MN 55313, MN RE: Replacement recommendation for Bridge 8430 on CSAH IS Sec. 2, T-120-N, R-24-W. Dear Mr. Fingalaan: Enclosed are copies of calculati m sheets and a risk assessment for sizing culverts to replace the above referenced structure. The mended size and pertinent hydraulic data are as follows: Recommended Culverts ................................. . * Stream ............................................... . * Drainage Area ........ .......................... ..... . Floodof Record ... ..... .................. .......... . Maximum Observed Highwater ........................... . * Design and Basic Flood (100 Year Frequency) ............... . * Headwater Elevation ............................... . StageIncrease .................................. . Stage Imxrease for Existin8 Structure ................... . Approximate Roadway Sag Point Elevation ............. . Mean Velocity Through Structure ..................... Mean Velocity in Channel ........................... . Greatest Flood (500 Year Frequency) ...................... . * Headwater Elevation ............................... . Stage Increase .................................... . Mean Velocity Through Structure ..................... . Approximate Net invert Elevation ....................... Approximate Outlet Invert Elevation ....................... . 1 -12 ft x 9 ft Box Culvert Co. Ditch #9 1.23 sq. nu. Unknown Unknown 205 cfs 951.5 0.2 ft. 0.25 ft. 957.7 2.5 leis 1.75 fps 350 cfs 953.0 0.3 ft 3.7 fps 944.5** 944.3** * This information should be shown on the plan sheeks) These are suggested invert elevations, if a designated ditch flowline is available, the culvert should be set at that elevation The above design data is based on field survey data provided by Wright County for this project. I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly registered professional engineer under the laws of the State of Minnesota. D4040 ate:_Ll;ls1— Brian D. Walter, F.E., Reg. No. 13896 GRADING CONTRACT • City of Albertville Albert Villas Fourth Addition Grading Agreement THIS AGREEMENT, dated March , 2001 by and between the CITY OF ALBERTVILLE, a municipal corporation ("City"), and Edina Development Corporation, ("Developer" ). 1. REQUEST FOR GRADING APPROVAL. The Developer has asked the City to approve the grading for the firstphase of that property proposed to be platted as Albert Villas Fourth Addition ("Property"). 2. CONDITIONS OF APPROVAL. The City hereby approves the grading on the condition the Developer enter into this Contract, abide by its terms and furnish the security required by it. 3. GRADING AND DRAINAGE PLAN. The Property shall be graded in accordance with the Grading Plan of Albert Villas as prepared by E.G. Rud, & Sons, Inc. and dated ,200 and on file with the City of Albertville. 4. TIME OF PERFORMANCE. The Developer shall complete the grading by October 15, 2001. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases (if any) and the extended completion date. 5. EROSION CONTROL. Developer shall implement all erosion control measures detailed on the Grading and Drainage plan (including construction of all ponds) in the order required by the City Engineer. Developer shall also implement any additional erosion control measures required by the City Engineer or the Wright County Soil and Water Conservation District, and shall abide by all erosion control requirements contained in the Albertville Subdivision ordinance. All areas disturbed by the excavation and backfiling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and/or the requirements of the City Engineer or Wright County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion, and the landowner hereby grants the City permission to enter upon the land and take such necessary erosion control actions.. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs or may specially assess Developer's land for the costs not covered by the letter of credit. No development will be allowed and no building permits will be issued unless the Golf Course is in full compliance with the erosion control requirements. 6. "AS BUILT" GRADING PLAN. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an "as constructed" grading plan, unless the City Engineer waives this requirement..' 7. CLEAN UP. The Developer shall promptly clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. The City may, in its discretion, require the Developer to daily clean any public streets upon which dirt or debris from the Property have become deposited. In the event the Developer fails to promptly clean the streets, the City may have the streets clean and Developer agrees to pay any costs incurred by the City in cleaning the streets. 8. SECURITY. To guarantee compliance with the terms of this permit and to reimburse the City for any damage to public property as a result of the grading permitted herein, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") in the amount of $1,000 for each acre of land included within the • phase one grading plan. The bank and form of the letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall be for a term ending not earlier than one year from the date of this agreement, and shall be renewed annually by the Developer until all grading is complete as specified herein. The City reserves the right to draw on the letter of credit anytime within 45 days of its expiration if the Developer does not provide the City with a renewal or an acceptable substitute letter of credit. 9. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the grading and erosion control, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the permit, the preparation of this permit, and all costs and expenses incurred by the City in monitoring and inspecting the grading and erosion control B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from permit approval and work done in conjunction with it. The Developer shall indemnify the City and its officers and employees for all costs, damages and expenses which the City may pay or incur in consequence of such claims, including 2 attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this permit, including engineering and attorney's fees and cleanup costs. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all work and construction. 10. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default not less than 48 hours in advance. This permit is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost of such in whole or in part to the property under this agreement. 11. PLAT APPROVAL. The City's approval to grade the property is given without prejudice to the City's right to approve or deny the final plat for any portion of Albert Villas Fourth Addition. Developer understands that final City approval of the Albert Villas Fourth Addition project may materially differ from the grading plan for phase one, and Developer assumes any risk and expense which Developer may incur as a result of commencing grading prior to final plat approval. 12. WETLANDS. Developer agrees that it shall not fill or otherwise perform any grading activities in or upon any lands which have been identified as wetlands until such time as the City Engineer permits said activities to occur in said wetlands. CITY OF ALBERTVILLE John Olson, Mayor Linda Goeb, City Administrator is 3 • DEVELOPER: Edina Development Corporation By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2001, by John Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. - 0 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2001, by Linda Goeb, as Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 0 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2001, by as of Edina Development Corporation. Notary Public THIS INSTRUMENT DRAFTED BY: Michael C. Couri Couri & MacArthur P.O. Box 369 705 Central Ave. E St. Michael, MN 55376 41 5 • CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Heuring Meadows THIS AGREEMENT, entered into this day of .2001 by and between Leuer-Munsterteiger Properties, Inc., 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 "Heuring Meadows" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 25.56 acres (37.33 gross acres minus 11.77 acres in Outlot A) into forty five (45) single family lots and one commercial lot; and WHEREAS, the City has given preliminary approval of Developer's plat of Heuring Meadows 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 • 1 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 cleanup during project development, erosion control, and other site - related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. 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 Heuring Meadows, as prepared by Quality Site Design, LLC dated 2001 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading, trail and a five foot wide concrete sidewalk in the right-of-way of 53'd Street. 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 June 30, 2002. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. • C. Developer shall provide the City with lien waivers from all contractors 2 • and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 2. 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. 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; Q . I Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier, iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit B. Developer agrees to have all utilities installed according to this Exhibit B. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" . (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. F. Developer shall install storm water retention/water quality ponds and • basins upon Said Plat as shown on the Grading, Drainage and Erosion 4 • Control Plan attached as Exhibit C. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 3. Intended Use of Subdivision Lots. A. It is the Developer's and City's intent that forty five single-family detached dwelling units be constructed on the residentially zoned lots in Said Plat, with one unit per numbered lot. Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat except as provided in subparagraph 3B below. B. Future commercial development on Lot 1, Block 5 of said Plat is subject to site plan review and other reviews that may be required prior to issuance of a building permit. 4. Surety Re uirements. 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 $832,762 representing the sum of 100% of the estimated cost of the Municipal Improvements ($789,074), 50% of the on and off --site improvements ($27,000), and 150% of the estimated cost for landscaping/screening materials ($16,688). 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 5 thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this • Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 5. 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 2 . 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: is When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on - and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the • Municipal Improvements during the second year of the warranty period. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of 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 7 • property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 7._Developgr to Pay City's Costs and Ezpenses. 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 am E:? Michael a Couri• Andrew J. MacArthur Robert T. Ruppe•• •AW lkm M in Nmok •'Also !lcrosed in CaUfm*a March 1, 2001 Linda Goeb City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 COURT & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAQ couriandmacarthurepobox. com Re: City of Albertville; Heuring Meadows Development Agreement Dear Ms. Goeb: Enclosed please find a copy of the proposed Heuring Meadows Developer's Agreement for the City Council's consideration at their March 5, 2001 meeting. I have not attached Exhibits A and B as Pete Carlson advised me that they are to be revised by the developer. Your courtesy and cooperation in this matter is appreciated. Should you have any questions please do not hesitate to contact me via our toll -free number (888) 316-1176. CNBoW,4hawHWMewing MoubwKwwwC 0 Sincerely, Robert T. Ruppe Couri & MacArthur • CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Heuring Meadows THIS AGREEMENT, entered into this day of , 2001 by and between Leuer-Munsterteiger Properties, Inc., 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 "Heuring Meadows" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 25.56 acres (37.33 gross acres minus 11.77 acres in Outlot A) into forty five (45) single family lots and one commercial lot; and WHEREAS, the City has given preliminary approval of Developer's plat of Heuring Meadows 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 cleanup during project development, erosion control, and other site - related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners,. the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. 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 Heuring Meadows, as prepared by Quality Site Design, LLC dated , 2001 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading, trail and a five foot wide concrete sidewalk in the right-of-way of 53`d Street. 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 June 30, 2002. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors 2 and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 2. 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. 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, M 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 B. Developer agrees to have all utilities installed according to this Exhibit B. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. F. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion 4 Control Plan attached as Exhibit C. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 3. Intended Use of Subdivision Lots. A. It is the Developer's and City's intent that forty five single-family detached dwelling units be constructed on the residentially zoned lots in Said Plat, with one unit per numbered lot. Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat except as provided in subparagraph 3B below. B. Future commercial development on Lot 1, Block 5 of said Plat is subject to site plan review and other reviews that may be required prior to issuance of a building permit. 4. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $832,762 representing the sum of 100% of the estimated cost of the Municipal Improvements ($789,074), 50% of the on and off -site improvements ($27,000), and 150% of the estimated cost for landscaping/screening materials ($16,688). 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 F 10 19 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. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. That portion of said cash, irrevc with respect to the performance upon certification of the City EY Council that all such items are s P. letter of credit or other surety ite Improvements shall be released ;er and approval of the City actorily 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 at the Developer shall provide the City with anew letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw', in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 5. Suren 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 10 Developer may request of the City that the surety be proportionately 0 reduced for that portion of the Municipal Improvements and on- and off -site improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the - amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of 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 7 property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pay City's Costs and Expenses, It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in 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. 8. Sanitary Sewer and Water Trunk Line Fees. A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 25.56 acres in Said Plat (37.33 gross acres minus 11.77 acres in Outlot A). Therefore, the Sanitary Sewer Trunk Line Fees for this plat would be $35,784 ($1,400.00 x 25.56 acres). Developer will pay said fee prior to the release of the final plat by the City. B. Developer shall be required to pay trunk water line fees of $1,200 per acre. There are 25.56 acres in Said Plat (37.33 gross acres minus 11.77 acres in Outlot A). Therefore the water trunk line fee for Said Plat is $30,672 ($1,200 x 25.56 acres). Developer will pay said fee prior to the release of the final plat by the City. C. Upon replat of Outlot A in a numbered lot, sanitary sewer and water trunk line fees shall be due on said lot. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit C. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. 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. 11. 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 damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may 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 G] 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. 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. _ The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this Agreement. 10 iF. 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 law. 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 fiirther acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 11 K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer and/or Wright County. L. All outlets shall be seeded to prevent soil erosion, except areas previously delineated as wetlands. 14. 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. • 15. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. B. Notwithstanding the 30-day notice period provided for in paragraph 15(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or 12 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 15A 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. 16. Dedications to the Cites A. Municipal Improvement Dedications. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road and trail right-of-ways, curbs, gutters, ponds, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Park Dedications 1. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the 45 residentially zoned lots in Said Plat, Developer shall pay the City a cash payment totaling $67,500 (45 lots x $1,500.00 per lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. 13 2. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the commercially zoned land in Said Plat (but excluding Outlot A), Developer shall pay $7,385 per acre. Said commercially zoned land in Said Plat (but excluding Outlot A) consists of 2.42 acres. Therefore, Developer shall pay the City a cash payment totaling $17,872 (2.42 acres x $7,385 per acre). 3. Developer shall pay park dedication fees on Outlot A at such time as said outlot is replatted into a numbered lot. 4. Developer shall dedicate a trail easement thirty feet in width between lots 9 and 10 Block 1. Developer shall receive a park dedication credit for the cost of construction of the trail. 17. 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. 18. 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. 19. 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 14 under this contract without the express written consent of the City Council through Council resolution. 20. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 21. Professional Fees, The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22. Plans Attached as Exhibits. 0 All plans attached to this Agreement as Exhibits are incorporated into this P $�' rp 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. 23. 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. 24. 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 15 • Telephone: (763) 497-3384 Mike Leuer and Ralph Munsterteiger Leuer-Munsterteiger Properties, Inc. 100 E. Central St. Michael, MN 55376 Telephone: (612) 723-8636 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk LEUER-MUNSTERTEIGER PROPERTIES, INC an By • Mike Leuer Ralph Munsterteiger 16 . STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) • The foregoing instrument was acknowledged before me this day of March, 2001, by John Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of March, 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 March, 2001, by Mike Leuer, as of Leuer-Munsterteiger Properties, Inc. Notary Public 17 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of November, 2000, by Ralph Munsterteiger, as Munsterteiger Properties, Inc. DRAFTED BY: Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 n LJ Notary Public of Leuer- IN • EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the property to which this Developer's Agreement applies is as follows: Lots 1-12, Block 1; Lots 1-16, Block 2; Lots 1-10, Block 3 Lots 1-7 , Block 4 Lot 1, Block 5; Outlot A; and Outlot B Heuring Meadows, City of Albertville, Wright County, Minnesota. 19 • EXHIBIT B Utility Plan Exhibit C Grading, Drainage and Erosion Control Plan • 20 Inc. • March 1, 2001 Ms. Linda Goeb City Administrator City of Albertville 5795 Main Avenue NE Albertville, MN 55301 Dear Ms. Goeb: Thank you for contacting Maxfield Research Inc. regarding your need for market analysis to assess the highest and best use for a 35-acre parcel that is located in Albertville, Minnesota, north of Interstate 94 and west of LaBeaux Avenue. This proposal outlines a work program and timeframe for completion of this analysis. We understand you are considering the extension of infrastructure across the property that would initially serve an adjoining parcel and that you want to understand the development potential of this property to assess the potential benefits that might accrue to the City at a future time. Maxfield Research Inc. would provide research and analysis to identify the commercial potential of this property and the potential for other uses such as residential or light industrial if the City deems that these uses could be an alternate if commercial does not provide to be economically viable. We would conduct this analysis for a cost of $8,000.00, including all direct costs for expenses such as long-distance telephone, postage, printing of reports, outside data purchases, etc. It excludes costs associated with travel expenses (mileage). Please review the enclosed proposal. Maxfield Research Inc. would be delighted to work with the City of Albertville to conduct this research. We would be able to deliver a draft report to you within 30 days of authorization to proceed with this study, or by March 31, 2001, whichever is sooner. 0 Ms. Linda. Goeb March 1, 2001 • City of Albertville Page 2 If you have any questions or need additional information, please contact me. Very Truly Yours, MAXFIELD RESEARCH INC. Mary C. Bujold President Enclosures • 0 J Inc., March 1, 2001 Ms. Linda Goeb City Administrator City of Albertville 5795 Main Avenue NE Albertville, MN 55301 CONTRACT FOR PROFESSIONAL SERVICES Maxfield Research Inc. proposes to provide research and consulting services to analyze the following for a 35-acre parcel in Albertville, Minnesota: ♦ the development potential for this property primarily as a commercial use and/or the development potential for alternate uses given that commercial does not appear to be viable or economically feasible. SCOPE OF SERVICES The analysis will identify the following: A. Site Evaluation ♦ field visit to site to assess current conditions, topography, adjacent and surrounding land uses, visibility, access, etc. ♦ identify and assess potential impacts to the site of adjacent land uses; ♦ analyze and review most recent traffic counts; ♦ assess the appropriateness of the site for a variety of uses, including commercial, light industrial, residential). ♦ rank the site criteria for each of these types of uses; ♦ identify the site's strengths and weaknesses for various types of uses. • is Ms. Linda Goeb March 1, 2001 City of Albertville Page 2 B. Business Expansion ♦ identify business expansion trends as they relate specifically to various industry sectors in the area; ♦ assess current and projected trends for commercial development along the Interstate 94 Corridor and identify the key criteria that exist to promote this type of development. ♦ assess current and projected trends for other types of development along Interstate 94, other than highway commercial development, and identify key criteria for these types of development. C. Market Conditions ♦ Through analysis of secondary data, identify types of development most likely to locate on the subject property. ♦ Identify sales prices/sq. ft. for different types of development. ♦ Identify average parcel sizes, building sizes, expansion trends; ♦ Conduct interviews with local real estate brokers, land developers, and others familiar with development. along the Interstate 94 Corridor; ♦ Identify the potential impact of any pending developments on the subject site. D. Demand Calculations and Recommendations ♦ Assess the highest and best use for the parcel utilizing key development criteria and potential costs to develop; ♦ Identify appropriate parcel sizes, access requirements, location, utility/infrastructure requirements, etc.) ♦ Identify types of businesses that may consider the subject site, if applicable. E. Client Meetings ♦ One formal presentation meeting in Hutchinson to present market analysis and recommendations. Cost of Highest and Best Use Analysis: COST OF SERVICES — 8 000.00 The work outlined in the Scope of Services will be performed for Eight Thousand Dollars ($8,000.00), including expenses for long distance telephone, postage, photocopying, outside data purchases, five bound copies of the final report, but excluding expenses incurred for travel (mileage), with payment as follows: a)Three Thousand Dollars ($3,000.00) due upon execution of this agreement; b) expenses as they are incurred and billed on a regular basis (expenses are Ms. Linda Goeb City of Albertville March 1, 2001 Page 3 billed at our direct cost and would consist only of travel expenses) and are estimated at roughly One Hundred Dollars ($100.00); and c) the balance of the contract amount due in installments on a monthly basis at Maxfield Research Inc.'s discretion. Any additional research or meeting requested by the Client beyond that set forth in the accompanying Scope of Services will be billed at our normal rates for staff time which range from $35 to $200 per hour. WORK PRODUCT Findings will be presented in a bound Market Feasibility Study format. The market feasibility study is accepted by many lenders, limited partners, investors or governmental bodies who require such documentation to satisfy their financing criteria. COMPLETION-T-IME The work outlined under the Scope of Services will be completed within thirty (30) days of the receipt of the signed contract and initial payment, unless delayed by unexpected emergencies, forces beyond the control of the parties, or by written agreement of the parties. ' . OTTi kY All invoices are payable to Maxfield Research Inc. within fifteen (15) days of receipt of an invoice showing the work completed and the direct costs for expenses. A finance charge of one and one-half percent (1.5%) per month will be added to the unpaid balance of each invoice not paid within thirty (30) days. DISCLAIMER The objective of this research assignment is to gather and analyze as many market components as is reasonable within the time limits and projected staff hours set forth in this agreement. We assume no responsibility for matters legal in character. The property/land is assumed to be free and clear of any indebtedness, liens or encumbrances; and good and marketable title and competent management are assumed, unless otherwise stated. • • Ms. Linda Goeb March 1, 2001 City of Albertville Page 4 If building plans or site plans included in the report, they are to be considered only approximate and are submitted to assist the reader in visualizing the property. We assume no responsibility for the accuracy of any building or site plans. Certain information and statistics contained in the report, which are the basis for conclusions continued in the report, will be furnished by other independent sources. While we believe this information is reliable, it has not been independently verified by us and we assume no responsibility for its accuracy. The conclusions in the report are based on our best judgments as market research consultants. Maxfield Research Inc. disclaims any express or implied warranty of assurance of representation that the projections or conclusions will be realized as stated. The result of the proposed project may be achieved, but also may vary due to changing market conditions characteristic of the real estate industry, changes in facts that were the basis of conclusions in this report, or other unforeseen circumstances. In the event payment is not received on a timely basis, Maxfield Research Inc. shall be entitled to a lien against the subject property. This agreement will be construed according to the laws of the State of Minnesota. TERMINATION This agreement may be terminated upon written notification of either party to the other. In the event of termination, the Client will pay Maxfield Research Inc. for staff hours performed at the firm's normal hourly rates, plus all expenses incurred through the date of termination. If this proposal meets with your approval, please sign and return one copy to the offices of Maxfield Research Inc. Agreed to this _ day of 2001. MAXFIELD RESEARCH INC. Mary C. Bujold President CITY OF ALBERTVILLE Linda Goeb City Administrator FROM : McComb Group, Ltd. PHONE NO. : 61233e5572 Feb. 26 2001 10:00AM P2 • • (DMID � MCCOMB GROUP' Ltd. R E A L E S T A T E AND MIDI RETAIL CONSULTANTS March 1, 2001 Ms. Linda Goeb, City Administrator CITY OF ALBERTVILLE 5975 Main Avenue NE Albertville, MN 55301 Dear Arts. Goeb: Following up on our conversation this morning, we would enjoy the opportunity to assist the City of Albertville in evaluating the retail potential of your 35-acre parcel north of the outlet center. We understand, the City of Albertville is interested in: 1. determining the benefits of extending a road across the City -owned parcel to a proposed shopping center parcel west of the site; and 2. identifying potential uses that could locate on the City -owned parcel at some point in the future. Based on our conversation and our )mowledge of the area, we can answer the first question for a fee of $600, which would include a preliminary evaluation of your site and the proposed development; and a meeting with the City Council on March 5s' to discuss our findings. The second question can be answered by conducting a market study that identifies the retail potential that will be crcatcd by additional housing development in Albertville's trade area. This would be augmented by additional retail sales potential stimulated by the outlet center shoppers that are drawn from a wider area. The cost of this market study would be between $16,000 to $17,000 based on a preliminary work program that we will send tomorrow. This study would identify retail potential through 2020. Attacbed is a brochure dewra'bing our services to the shopping center industry including a representative list of clients and typical engagements that we have conducted. Also included is a summary of our recent engagements. These will provide you with the scope of our consulting practice. If you have any questions, please call me at (612) 339-7000. Sincerely, ames B. McComb 3001 HeraTjn Avenv« South Suite 3018 Mitmespolis, Mira ota SS406 • (612) 339-7000 Fax: (612) 338-5572 NOTICE OF PUBLIC HEARIDU - WRIGHT COUNTY PLANNING COMMISSION LJ The Wright County Planning Commission will conduct a public hearing at their regular meeting on March 29, 2001 at 8:00 P.M. in Meeting Room 120 of the Courthouse Annex in Buffalo to consider an amendment to the Wright County Zoning Ordinance as follows. Add "Bed and Breakfast Units in Single -Family Dwellings" as a Conditional Use Permit in the R-2a Suburban -Residential zoning district. (The R-2a district has a minimum lot size of 5 acres.) (Currently, "bed and breakfast" units are allowed only in the Agricultural (AG) and Ag./Residential (A/R) zoning districts.) THE CITY COUNCIL/TOWN BOARD SHOULD COMPLETE THE FOLLOWING. IF NO WRITTEN RESPONSE IS RECEIVED BEFORE THE HEARING, THE PLANNING COMMISSION WILL ASSUME THAT THE CITY COUNCIL/TOWN BOARD HAS NO OBJECTION TO THE PROPOSED AMENDMENTS. 0 CITY/TOWNSHIP APPROVES OF THE REQUEST BECAUSE: CITY/TOWNSHIP DISAPPROVES OF THE REQUEST BECAUSE: COMMENTS: SIGNED: NOTICE IS HEREBY GIVEN, that on Thursday, March 29, 2001 the Wright Count y ty Planning Commission will hold a hearing in Meeting Room 120 of the Courthouse Annex, in the City of Buffalo, Minnesota at 8:00 p.m. to consider the following amendment to the Wright County Zoning Ordinance: Add "Bed and Breadfast Units in Single Family Dwellings" as a Conditional Use Permit in the R-2a Suburban Residential district. Such persons that desire to be heard with reference to the proposed amendment will be heard at this time. If you do not attend the hearing or submit written comment, it will be assumed that you have no objections to the proposal. If there are any questions, please contact the Planning and Zoning Office in Buffalo. Interpreter services for the hearing impaired will be provided on request for public meetings and other county -sponsored classes and events. WRIGHT COUNTY PLANNING & ZONING OFFICE WRIGHT COUNTY GOVERNMENT CENTER 10 2nd STREET NW RM 140 BUFFALO MINNESOTA 55313-1185 PHONE: (763) 682-7338 0 • WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright County Public Works Building 1901 Highway 25 North Buffalo, Minnesota 55313 At. T.H. 25 and C.R. 138 Telephone: (763) 682-7383 PAX. (763) 682-7313 February 20, 2001 Linda Goeb, Administrator City of Albertville 5975 Main Avenue NE, Box 9 Albertville, MN 55301 Re: Speed Zoning — CSAH 19 Dear Linda: 14 VIRGIL G. HAWM NS, P.E. Assistant Highway Engineer (763)682-7387 RICHARD E. MARQUETTE Right of Way Agent (763)682-7386 I am enclosing the speed limit authorization and supporting documentation from the Minnesota Department of Transportation (Mn/DOT) for CSAH 19. This is in response to a request from Commissioner Elmer Eichelberg who attended a recent Albertville City Council meeting. Please note that we had Mn/DOT do their traffic investigation on the whole segment of CSAH 19 between CSAH 20 in Hanover and CSAH 29. Please contact me if you have any questions on the enclosures. Sincere , Wayneringgalsfon Wright County Engineer Enclosures cc: Commissioner Eichelberg, with enclosures Virgil Hawkins, with enclosures Equal Opportunity / Affirmative Action Employer Mn/DOT 29213 (12-78) tiP STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Page 1 of Page I Road Authority Wright County Date September 20, 2000 Road Name or No. County State Aid Highway 19 For the 3 sections described below Date of Request May 9, 2000 As authorized in Minnesota Statutes, Section 169.14, it is hereby ordered that the following speed limits are approved and shall be put into effect on the described roadway or sections thereof. 1sTSECTION 30 miles per hour between the intersection with the South County Line of Wright County and a point approximately 750 feet South of the intersection with County Road 34. 2`'iD SECTION 30 miles per hour between a point approximately 350 feet North of the intersection with 32nd Street Northeast and a point approximately 950 feet North of the intersection with 0 Trunk Highway 241. 40 miles per hour between a point approximately 950 feet North of the intersection with Trunk Highway 241 and the intersection with County State Aid Highway 35. 3" SECTION - 40 miles per hour between a point approximately 600 feet South of the intersection with County State Aid Highway 37 and a point approximately 1475 feet North of the inter- section with the I-94 Westbound on ramp. NOTE: The speed limits, described in this authorization, are authorized contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices. (1) White - Road Authority (1) Pink - Central Office Traffic (A"lue - District Traffic Entrini Tor Road Authority use only Date traffic control devices c this authorization ( Month -Day -Year S TEl0l.R1W Title Minnesota Department of Transportation to I We ANF/Office of Traffic Engineering Office e : OIT— a► Mail Stop 725, 2^d Floor Fax: 651/205-4526 395 John Ireland Blvd. St. Paul, MN 55155-1899 September 20, 2000 Douglas M. Gruber Wright County Auditor 10 Northwest 2nd Street Buffalo, MN 55313-1195 Dear Mr. Gruber: As requested by County Resolution Number 00-19, dated May 9, 2000, attached is authorization to erect the appropriate signs designating the reasonable and safe speeds on County State Aid Highway 19. Please keep this authorization in your permanent files, we have our necessary copies. Erection of signs shall be in conformance with the 1991 Minnesota Manual on Uniform Traffic Control Devices. Note the contingency on the authorizations. This must be met before the regulatory speed limit signs are erected or changed. After reviewing the traffic study report, I concur with the District's recommendation to rely on the statutory speeds described in MS 169.14 for those 3 sections of County State Aid Highway 19 between a point approximately 750' South of the intersection with County Road 34 and a point approximately 350 feet North of the intersection with 32" d Street Northeast, between the intersection with County State Aid Highway 35 and a point approximately 600 feet South of the intersection with County State Aid Highway 37, and between a point approximately 1475 feet North of the intersection with the I-94 Westbound on ramp and the intersection with County State Aid Highway 39. Sincerely, -gt5 Michae . Gillen, P.E. Assistant State Traffic Engineer cc: Wayne A. Fingalson (Letter Only) TEl00.R1W An equal opportunity employer DEPARTMENT: Field Operations Division BATE July 27, 2000 TO Mike Gillen/ATTN: Dan Brannan-M.S.725 Traffic Engineering FROM Tom Dumont -St. Cloud Assistant District Traffic Engineer PHONE (320) 654-5105 SUBJECT Speed Zoning C.S.A.H. 19 Wright County STATE OF MINNESOTA OFFICE MEMORANDUM "IMPROVING SAFETY THROUGH SOUND ENGINEERING D6-CISI0NS" We have completed an engineering and traffic investigation to determine a reasonable and safe speed limit fir County State Aid Highway (C.S.A.H.) 19 between C.S.A.H. 20 in the City of Hanover and C.S.A.H. 39. This study was conducted as requested in a resolution passed by Wright County Board of Commissioners, dated May 9, 2000. The county initiated this study, due to the reconstruction of C.S.A.H. 19 in Albertville and the opening of an outlet mall near Albertville. If you agree with our recommendation, please forward a speed limit authorization to Wright County. Based on investigation results, we recommend the following change to the speed limits for C.S.A.H. 19. 30 MPH between the county line (City of Hanover) and a point approximately 750 feet south of County Road 34. Statutory between a point approximately 750 feet south of County Road 34 and a point approximately 350 feet north of 32nd Street N.E. in St. Michael. . 30 MPH between a point approximately 350 feet north of 32nd Street in St. Michael and a point approximately 950 feet north of Trunk Highway 241 in St. Michael. 40 MPH between a point approximately 950 feet north of Trunk Highway 241 in St. Michael and C.S.A.H. 35. Statutory between C.S.A.H. 35 and a point approximately 600 feet south of C.S.A.H. 37. 40 MPH between a point approximately 600 feet south of C.S.A.H. 37 and a point approximately 1475 feet north of the westbound I-94 on ramp. Statutory between a point approximately 1475 feet north of westbound I-94 on ramp and C.S.A.H. 39. This county road was last studied in May of 1998. Since that time an outlet mall north of 1:94 and a signal system just south of I-94 at C.S.A.H. 37 have been constructed. Access to the outlet mall is via C.S.A.H. 19. This additional vehicle traffic and corresponding signal installationwith raised concrete median have slowed speeds in this area near I-94. A speed check taken in the reconstructed area near I-94 shows 85th percentile speeds of 43 mph with a high percentage of vehicles in the 10 mph pace. Due to the good distribution of vehicles in the 10 mph pace and the test runs we feel confident that a 40 mph zone is proper for the reconstructed area. A speed check taken in the statutory zone north of C.S.A.H. 35 shows 85th percentile speeds of 57 mph and 55 mph r NB and SB movements. The remaining sections of the entire roadway were reviewed and determined to be perly zoned in accordance with the previous authorization. 00-LSQ., Minnesota Department of Transportation k�l?i District Three Office Tel: 320-654-5105 • 3725 North 12th Street Fax: 320-255-2178 St. Cloud, MN 56303 June 7, 2000 Mr. Bill Cordell Senior Traffic Engineer 1901 Highway 25 North Buffalo, MN 55313 Dear Mr. Cordell, RE: Speed Zoning C.S.A.H. 19 Wright County This is to acknowledge receipt of your resolution dated May 9th, 2000, for a traffic engineering investigation on C.S.A.H. 19 between C.S.A.H. 20 and C.S.A.H. 39. We will have this investigation complete by August 9th, 2000 or sooner, at which time we will contact you with • the results. If we can be of further assistance, please feel free to contact my office. Sincerely, i % z.�y:s•e .,2 Thomas L. Dumont Assistant District Traffic Engineer cc: Gary Dirlam - Baxter Laurie Skudlarek - St. Cloud WRIGHT COUNTY DEPARTMENT OF HIGHWAYS "1UPROMV SAFETYTHROUGHSOUND ENGINEERING DECISIONS" May 15, 2000 Wright County Public Works Building 1901 Highway 25 North Buffalo, Minnesota 55313 At. T.H. 25 and C.R. 138 Telephone (612)682-7383 Facsimile (612) 682-7313 Mr. Gary D rlam District Traffic Engineer Minnesota Department of Transportation 1991 Industrial Park Baxter, MN. 56425 Re: Speed Zone Request WAYNE A. FINGALSON, P.E. Highway Engineer 682.7388 VIRGIL G. HAWKINS. P.E. Assistant Highway Engineer 682.7387 RICHARD E. MARQUETrE Right of Way Agent 682.7386 CSAH 19 - From CSAH 20 in the City of Hanover to CSAH 39, approximately 9.285 miles in length. Dear Mr. Dirlam: . On Tuesday, May 9, 2000, the Wright County Board of Commissioners passed a resolution requesting that a speed zone study be conducted on the above referenced road. • Enclosed is a copy of the speed zone resolution along with a map referencing the area to be studied. If you have any questions concerning this speed zone study, please contact me at 682-7391. Sincerely, Bill Cordell Senior Traffic Technician Enclosures: resolution, reference map PC: Speed Zone File Equal Opportunity / Affirmative Action Employer BOARD OF COUNTY COMMISSIONERS WRIGHT COUNTY, MINNESOTA Date May 9.2000 Resolution No. 00-19 Votion by Commissioner Eichelber8 Seconded by Commissioner Jude RESOLUTION The County Board of Commissioners for Wright County does hereby request the Commissioner of Transportation to make the necessary investigation to determine the reasonable and safe speed as provided in the Section 169.14, Subdivision 5 of the Minnesota Statutes on the following Wright County Highway: CSAH 19 - From CSAH 20 in the City of Hanover to CSAH 39, approximately 9.285 miles in length. • JUDE SAWATZKE X RUSSEK X EICHELBERG X MATTSON X STATE OF MWNESOTA) ss. County of Wright JUDE SAWATZKE RUSSEK EICHELBERG MATTSON NO I, Richard W. Norman, duly appointed, qualified, and acting Clerk to the County Board for the County of Wright, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution or motion with the original minutes of the proceedings of the Board of County Commissioners, Wright County, Minnesota; at their session held on the _2 day of may_, 20_a, now on file in my office, and have found the same to be true and correct copy thereof. *Mess my hand and official seal at Buffalo, Minnesota, this —91L day of -M 20j&. County Coordinator 1 1, M1 ---- � 73 (MNcflel � ;� 33 'NOOd 8 y, h ifs : IrJ l ak8 • d, . 5. 35 12 ELX RIVER • 23 %7 810 LAKE: �'itaC 4329 23 z7 • •f 33 �, ua ,> 44 t 68 33` - t. to 33 3` W 3130 OF 75 a 9 Y t0 39 13 +7 to is rao 14 r i7 39 to i e. 5 42 20 21 A. I 18 imt 22 23 24 , !9 Met1 3T 22 101 24 I Y9 21 _ ma Sr. 20 1 17 I i sm a 7 CITY OF OTSEGO ! i d :5 t 25 r 3730 29 ' 27 �— 2a Sr25 3 30 29 :9 l "/ 1 71W A. 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Box 337 • St. Michael, MN 55376-0337 • (763) 497-204 • rax t oaf 4�� -o�w February 27, 2001 Mayor Olson and City Council Members City of Albertville 5975 Main Street NE, PO Box 9 Albertville, MN 55301 RE: CSAH 19 Trail and Sidewalk Improvements Honorable Mayor and Council Members, The City has become aware that Albertville is conducting a feasibility study for a trail along County Rd. 19 from 50`h Street to the Outlets at Albertville. The City of St. Michael is planning to construct a sidewalk along the east side of County Road 19 from TH241 to our common city boundary this year. Based on the location of existing homes and County ROW, the east side was most cost-effective and feasible. Please consider extending the trail project south of 50`h Street to the our common boundary on the east side of County Rd. 19 in order to maximize the use and safety of the pedestrian/bike facilities for residents of both cities. Sincerely, Wayne Kessler Mayor cc Jeff Elliot, MFRA Pete Carlson, SEH, 1200 25`h Avenue South, St. Cloud, MN 56302-1717