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2001-05-21 CC PacketALBERTVILLE CITY COUNCIL AGENDA May 21, 2001 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES (a) May 7, 2001, City Council Meeting 3. CITIZEN FORUM- (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (b) Approve 3.2 Malt Liquor License for the Albertville Jaycees at City Park June 8, 9, and 10 (c) Approve 3.2 Malt Liquor License for the Albertville Jaycees at St. Albert's Parish Center from 4:00 PM to 12:00 AM on June 9 5. PUBLIC HEARING • Consideration of amendment to liquor saaes ordinance to allow Sunday liquor sales at 10:00 AM, as state law permits 6. DEPARTMENT BUSINESS a. Fire Department b. Public Works • Report • WWTF Report C. Planning & Zoning (1) Ashley Home Stores • Preliminary and Final Plat • Site and Building Plan Review • Developer's Agreement (2) Towne Lakes • Final Plat • Developer's Agreement d. Engineering (1) Authorization to bid for 2001 Street Overlay Project (2) Report on cost estimates to correct drainage issues 0 54 %2 Street City Council Agenda May 21, 2001 Page 2 of 2 • 551h Circle e. Legal • None f. Administration (1) Shawn Sibbet, 5273 53rd Circle NE — Issue with neighbor's fence (2) EDA (3) Park Board 7. ADJOURNMENT ALBERTVILLE CITY COUNCIL 0&0 • May 7, 2001 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin, Scott Wallace, and John Vetsch, City Engineer Peter Carlson, City Attorney Mike Couri, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Remove Item 6d(1) • Add 6f(4) — Discussion regarding locating a Coburn's grocery store in the Park View Addition • Add 6f(5) — Letter from MM Horne Builders Franklin made a motion to adopt the agenda as amended. Berning seconded the motion. All voted aye. Wallace made a motion to approve the minutes of the April 16, 2001, meeting as presented. Vetsch seconded the motion. All voted aye. 0 Mayor Olson asked if anyone wished to address the Council under Citizen Forum. Kari Dwinnell requested clarification of the October 30, 2000, Council decision on the elevation of a new house on 52nd Street NE. Vetsch made a motion to allow the house to be constructed at an elevation six (6) inches above the lowest adjacent home elevation. Franklin seconded the motion. All voted aye. Homer and Shelley Thomkpins gave the Council a brief update on the Builders Guild being organized for the Towne Lakes project. They indicated they would work with staff to prepare written guidelines to be included as a condition of final plat approval. Wallace requested that Check #14561 be removed from the Consent Agenda and placed under the Administration department. Franklin made a motion to approve payment of Check #'s 14524 — 14560 and Check #'s 14562 —14575 as presented. Berning seconded the motion. All voted aye. Franklin made a motion to approve the April Revenue/Expenditure Report as presented. Berning seconded the motion. All voted aye. Franklin made a motion to accept the engineer's report on the Park View Place drainage issue as presented. Berning seconded the motion. All voted aye. Albertville City Council Minutes May 7, 2001 • Page 2 of 6 Franklin made a motion to approve the request from the Friendly City Days Committee to close the following list of streets on the days listed: • 58th Street (Main to Lander Avenue) June 4-11 All Day • Lander Avenue (58th St. to Barthel's Driveway) June 7-10 All Day • Main Avenue (57th to 59th Streets) June 8 6:00 PM — 2:00 AM • Lansing Avenue (50th to 51St Streets) June 9 1:00 PM — 4:00 PM • Main Avenue (57th to 59th Streets) June 9 6:00 PM — 2:00 AM • Lander Avenue (57th to 58th Streets) June 9 1:00 PM — 4:00 PM • Main Avenue (50th to 60th Streets) June 10 1:00 PM — 4:00 PM • 59th Street (Barthel Ind. Dr. to Main) June 10 1:00 PM — 4:00 PM • Barthel Ind. Drive (51St to 59th Streets) June 10 1:00 PM — 4:00 PM • 51St Street (Barthel Ind. Dr. to Main) June 10 1:00 PM — 4:00 PM • 60th Street (CSAH 37 to Main Avenue) June 10 1:00 PM — 4:00 PM Berning seconded the motion. All voted aye • Franklin made a motion to approve the request from the Friendly City Days Committee to extend the city park hours to 12:00 AM on Friday, June 8th, and Saturday, June 9th. Berning seconded the motion. All voted aye. Franklin made a motion to accept the first quarter 2001 report of the Economic Development Partnership of Wright County as presented. Berning seconded the motion. All voted aye. Franklin made a motion to approve the 3.2 Non -Intoxicating Malt Liquor License for the Albertville Lions at the Lions Shelter on June 8, 9, and loth. Berning seconded the motion. All voted aye. Mayor Olson opened the public hearing to consider the reassessment of the Savitski property. City Attorney Mike Couri explained that an earlier Council had reduced the assessment on three parcels owned by the Savitskis after the CSAH 19/37 Realignment Project original assessments had been filed at the County. The purpose of this public hearing is to reassess those three parcels by reducing the total assessment to the amounts agreed upon. Mayor Olson called for public comment. There was none. 0 Albertville City Council Minutes May 7, 2001 • Page 3 of 6 Mayor Olson closed the public hearing at 7:28 PM. Franklin made a motion to adopt RESOLUTION #2001-11 titled RESOLUTION ADOPTING REASSESSMENT FOR STREET IMPROVEMENTS. Berning seconded the motion. All voted aye. Fire Chief Kevin Roden presented a blueprint for the aerial ladder truck the Council has authorized for bids. The ladder is a 75' ladder that will be adequate for three story building protection. Mary Bujold, Maxwell Research, reviewed her findings as included in the Market and Economic Assessment For Land in Albertville, Minnesota. Maxwell Research reviewed the market for commercial (highway commercial and general commercial) and industrial land uses on the property. The assessment revealed that while the highest sales prices are currently paid for commercial property, the location and poor visibility of the city property would inhibit the ability to garner sales prices at the upper end of this spectrum. The location of the property for industrial uses is appropriate, however, sales prices for industrial land are much lower. The Council accepted the study as prepared and reached a consensus that the property will be best marketed as commercial properties. Vetsch made a motion to approve the sprinkler system bid from Sunshine Sprinklers in the amount of $24,690, subject to the city attorney's review and applicable state law. Berning seconded the motion. All voted aye. Berning made a motion to accept the Public Works Department Report as presented. Wallace seconded the motion. All voted aye. City Planner Cindy Sherman presented the Heritage Commons plat with the Council. Dynamic Designs Land Company has submitted an application for rezoning/planned unit development, site plan and Comprehensive Plan amendment. The request is being made to allow the development of 14 townhome units designated for "senior living". City Attorney Mike Couri explained that the PUD Agreement yet to be drafted will contain similar deed restrictions to those included in the Cottages of Albertville additions, minus the programming requirements no longer a part of state and federal laws. The Council also asked that a copy of the association documents/protective covenants is presented to the Council prior to their recording. The association will be required to be first in line to handle neighborhood disputes. Franklin made a motion to adopt the Findings of Fact & Decision, as amended, approving the Comprehensive Plan Amendment, rezoning, conditional use/planned unit development and preliminary plat for the Heritage Commons plat. Wallace seconded the motion. All voted aye. Albertville City Council Minutes May 7, 2001 Page 4 of 6 Planner Sherman explained that JMS, a development company, has development interest in the Falbo family property located on the south side of 50'h Street. JMS has proposed a development in the City of St. Michael that abuts this site and would like to develop a portion of the parcel located in Albertville. The property they wish to develop is bisected by a large wetland and access or utility connections from the City of Albertville would be very difficult. Staff met with the developers regarding annexation verses a joint powers agreement with St. Michael. Dave Sebold, with the JMS Group, indicated that St. Michael is interested in developing a joint powers agreement to allow the development to proceed, which is also his preference. The Council discussed the advantages and disadvantages to allowing St. Michael to annex the property. Should the Council allow St. Michael to annex the property to be developed, City Engineer Pete Carlson recommended that Albertville should require St. Michael to annex the entire Falbo property abutting 50t' Street. Berning made a motion to contact the City of St. Michael to discuss a proposal to detach/annex the property to be developed as Highlands 3ra Addition (Falbo property) and to consider other possible areas to annex/detach. Vetsch seconded the motion. Berning, Franklin, and Vetsch voted aye. Olson and Wallace voted no. The motion carried. Berning made a motion to authorize City Engineer Pete Carlson to prepare bids for the Savitski and Towne Lake Lift Stations projects. Funding for the construction will come from the truck sewer funds. Wallace seconded the motion. All voted aye. Franklin made a motion authorizing the engineer to prepare plans and specifications for the Northwest Industrial Park improvement project. The engineer is directed to determine the wetland areas, and to design the street project to best avoid wetlands impact. Costs for preparing the plans and specs are estimated to run about $54,000, or 6% of the estimated project cost of $900,000. Berning seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #2001-10 titled APPROVING COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS, approving the CSAH 18 Improvement Project. Wallace seconded the motion. All voted aye. Franklin made a motion to approve the Funding Participation and Construction Agreement Between the County of Wright and the City of Albertville for Construction of Improvements for County State Aid Highway 18, contingent upon the city attorney's review and approval. Wallace seconded the motion. All voted aye. Berning made a motion to exclude the backstop/fencing and the parking lots costs from the Park and Trail Improvements for this year and to request that Wright County include the grading for a trail along the north side of CSAH 18. Franklin seconded the motion. All voted aye. Albertville City Council Minutes May 7, 2001 Page 5 of 6 City Engineer Pete Carlson reported on several drainage issues along 58th Street, 54 Street and 55th Circle. The Council directed Carlson to prepare a cost estimate to correct the drainage problems by tiling. An existing on -site well provides water supply for the Wastewater Treatment Plant. Extension of the water main to serve the WWTF was investigated during the expansion design, but was not included in order to keep costs of the project down. Engineer Carlson explained the SAC Fund is sufficient to incur the additional $25,000 cost to extend the water main at this time, if the Council wishes. The consensus of the Council was not to extend water at this time. Carlson reported a water leak on 57th Street that may be caused by a leaking hydrant. The hydrant was not replaced when 57th Street was improved. The cost to replace the hydrant is $4,000. The Council directed Carlson to repair the water leak but authorized replacement of the hydrant only if it is essential. City Attorney Couri presented the Grading Agreement for the Towne Lakes project. Franklin made a motion to approve the Grading Agreement as presented. Wallace seconded the motion. All voted aye. . Franklin made a motion to approve the Conditional Use Agreement for Casey's General Store as presented. Vetsch seconded the motion. Franklin, Vetsch, Berning and Olson voted aye. Wallace abstained from the vote. The motion carried. Berning made a motion to adopt RESOLUTION #2001-12 titled DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Wallace seconded the motion. All voted aye. The Council reviewed the letter dated April 17, 2001, from Dale Zachman regarding his request to the City of St. Michael to be detached and annexed to the City of Albertville. The Council is amenable to the annexation of the property into the City of Albertville but took no action at this time. The issue will be discussed along with other annexation/detachments concerns. Vetsch made a motion to table discussion on the park fees issue for Parkside Commercial Lot 2 until the attorney reviews the situation. Franklin seconded the motion. All voted aye. Councilmembers Franklin and Vetsch were appointed to a committee to meet with representatives from Coburn's grocery store about locating a store in the Park View Place Addition. Albertville City Council Minutes May 7, 2001 Page 6 of 6 The council reviewed the letter from M M Home Builders regarding building inspections. The Council directed Building Inspector Kevin Mealhouse to present a report for the Council at the next meeting. Wallace made a motion to approve payment of Check #14561 as presented. Berning seconded the motion. All voted aye. The public meeting was recessed at 10:40 PM to enter into a closed session regarding employee discipline. Mayor Olson reconvened the public meeting at 11:00 PM and reported that the Council had found Ken Lindsay's behavior toward the public was an incident worthy of disciple. Vetsch made a motion to affirm the administrator's decision to suspend Ken Lindsay for a three day period without pay. Olson seconded the motion. Prior to the vote on the motion, Wallace made a motion to amend the above motion by adding that Lindsay be required to attend an Anger Management session at City expense. Olson seconded the motion to amend. Wallace, Vetsch and Olson voted aye. Berning and Franklin voted no. The motion carried. Mayor Olson called for a vote on the amended motion. Olson, Wallace and Vetsch voted aye. Berning and Franklin voted no. The motion carried. aye. Vetsch made a motion to adjourn at 11:05 PM. Berning seconded the motion. All voted John A. Olson, Mayor Linda Goeb, City Administrator A 5975 Main we N.E. P.O. Box 9 Albertville, MN 55301 (612) 497-3384 Fax: (612) 497-3210 f7 THIS FORM MUST BE TURNED INTO CITY HALL BY 4:30 PM THE WEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. DATE OF MEETING: NAME: — L�� REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING e DEPARTMENT/ADDRESS: BUSINESS TO BE ADDRESSED BY CITY COUNCIL: ACTION REQUESTED OF COUNCIL: 0 SIGNED: Q6,r��✓ \ k� DATE: 5^ 1 q —y CITY OF ALBERTVILLE Check Detail Register Check Amt Involve Comment 10100 Security State Bank Paid Chk# 014590 5121/01 ACTION RADIO & COMMUNICATIONS E 101-42000 404 Repair/Maint - Machinery/Equip $95.85 5814 Battery monitor II pager E 101-42000-404 Repair/Maint - Machinery/Equip $218.52 11632 Installation -labor -shop suppli Total ACTION RADIO & COMMUNICATIONS $314.37 Paid Chk# 014591 5/21/01 AFFORDABLE SANITATION, INC E 101-45100.415 Other Equipment Rentals $237.90 May 2001 Rental - Portable Biffs Total AFFORDABLE SANITATION, INC $237.90 Paid Chk# 014592 6121/01 ALBERTVILLE BODY & FENDER E 101-42000-404 Repair/Maint - Machirmry/Equip $988.50 993 Repair -1999 Intn'i Rescue Tr Total ALBERTVILLE BODY & FENDER $988.50 Paid Chk# 014593 5121/01 ALBERTVILLE QUEEN COMMITTEE E 101-45000-596 Friendly City Days $1,110.00 Year 2001 Donations from Lions/Lioness C Total ALBERTVILLE QUEEN COMMITTEE $1,110.00 Paid Chk# 014594 5/21/01 ALEX AIR APPARATUS E 101-42000-585 C/O - Air Packs $5.66 1791 Tax E 101-42000-585 C/O - Air Packs $8.00 1791 Line valve rebuild kk E 101-42000-585 C/O - Air Packs $75.00 1791 Air quality test E 101-42000-WS C/O -Air Packs $79.00 1791 Relief Valve E 101-42000-585 CIO -Air Packs $365.00 1791 Bauer Compressor Sery Total ALEX AIR APPARATUS $532.66 Paid Fhk# 014695 5/21/01 ARAMARK UNIFORM SERVICES E 101-45100.417 Uniform Rentals $46.51 May 2001 Uniform - Parks Dept. E 602-49400-417 Uniform Rentals $46.51 May 2001 Uniform - WWTF E 101-43100-417 Uniform Rentals $46.51 May 2001 Uniform - P Works E 601-49450.417 Uniform Rentals $46.52 May 2001 Uniform - Water Total ARAMARK UNIFORM SERVICES $186.05 Paid Chk# 014596 5/21/01 CAMPBELL, JOE E 101-42000-200 Office Supplies (GENERAL) $51.19 Misc. shop supplies Total CAMPBELL, JOE $51.19 Pail Chk# 014597 5/21/01 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip ($12.20) May 2001 Credit Memo E 101-43100-215 Shop Supplies $1.59 May 2001 Shop supplies E 101-43100-404 Repair/Maint - Machinery/Equip $10.01 May 2001 Oil Filter E 601-49450-404 Repair/Maint - Machinery/Equip $10.51 May 2001 Mega crimp fitting/hose E 602-49400-404 Repair/Maint - Machinery/Equip $14.28 May 2001 1OW-30 Oil E 101-43100-552 C/O - Pick-up $181.04 May 2001 Bed Liner/Pickup E 101-43100-404 Repair/Maint - Machinery/Equip $358.85 May 2001 Misc. repair supplies Total CARQUEST $564.08 Paid Chk# 014598 5121/01 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $198.00 6674 Animal Control-stray/pickups • Total CITY OF MONTICELLO $198.00 Paid Chk# 014599 5121/01 CROW RIVER FARM EQUIPMENT CITY OF ALBERT VILLE Friday, May 18, 2001 Check Detail Register Page 2 of 5 Check Amt Invoice Comment E 101-43100-215 Shop Supplies $33.71 $1566 Misc parts E 101-43100-215 Shop Supplies $41.59 81905 Misc. parts Total CROW RIVER FARM EQUIPMENT $75.30 Paid Chk# 014600 5121/01 DANKO EMERGENCY EQUIPMENT E 101-42000-404 Repair/Maint - Machinery/Equip $331.69 345587 Paratech hooligan tool 36" Total DANKO EMERGENCY EQUIPMENT $331.69 Paid Chk# 014601 521/01 DEHN TREE COMPANY, INC E 101-41940.405 Repair/Maint - Buildings $372.75 314 Grindfremoval stumps Total DEHN TREE COMPANY, INC $372.75 Paid Chk# 014602 5J21/01 DENNY'S SMALL ENGINE/CHAIN SAW E 101-43100-404 Repair/Maint - Machinery/Equip $37.50 Sharpening chainsaw chains Total DENNY'S SMALL ENGINE/CHAIN SAW $37.50 Paid Chk# 014603 5/21/01 DJ'S TOTAL HOME CARE CENTER E 601-49450-210 Operating Supplies (GENERAL) $19.88 April 2001 WWTF misc. operating supplies E 602-49400-210 Operating Supplies (GENERAL) $39.74 April 2001 Water misc. operating supplies E 101-41940-405 Repair/Maint - Buildings $43.20 April 2001 City Hall - maintenance E 101-45100-210 Operating Supplies (GENERAL) $73.12 April 2001 Parks misc. operating supplies E 101-43100.405 Repair/Maint - Buildings $75.96 April 2001 Misc supplies for repairs E 101-43100-215 Shop Supplies $193.30 April 2001 Public Works Misc. supplies Total DJ'S TOTAL HOME CARE CENTER $445.20 Paid Chk# 014604 5/21/01 DOME AUTO & REPAIR E 101-42000-212 Motor Fuels $186.51 April/May 2001 Fire Dept. E 101-45100-212 Motor Fuels $199.76 April/May 2001 Parks Dept. E 101-43100-212 Motor Fuels $101.65 ApdVMay 2001 Public Works E 101-43100-400 Repair/Maint - Paved Rd $59.64 April/May 2001 Crack Sealing E 101-43100-404 Repair/Maint - Machinery/Equip $17.54 April/May 2001 Public Works Total DON'S AUTO & REPAIR $565.10 Paid Chk# 014605 5/21/01 EGGEN'S DIRECT SERVICE, INC. E 602-49400-212 Motor Fuels $74.50 May 2001 WWTF Dept. E 101-43100-212 Motor Fuels $120.60 May 2001 Public Works E 101-45100-212 Motor Fuels $67.47 May 2001 Parks Dept Total EGGEN'S DIRECT SERVICE, INC. $262.57 Paid Chk# 014606 5/21/01 FEDERATED PROPANE E 601-49450-210 Operating Supplies (GENERAL) $113.40 M5917 24 gallons propane Total FEDERATED PROPANE $113.40 Paid Chk# 014607 521/01 FIRSTAR TRUST COMPANY E 354-47000-601 Debt Sry Bond Principal $243.38 685248 Opening balance - bond Total FIRSTAR TRUST COMPANY $243.38 Paid Chk# 014608 521/01 GOPHER STATE ONE -CALL E 601-49450-209 Locates $17.60 1040086 April 2001 locates E 602-49400-209 Locates $17.60 1040086 April 2001 locates Total GOPHER STATE ONE -CALL $35.20 CITY OF ALBERTVILLE Friday, May 18, 2001 Check Detail Register Page 3 of 5 Check Amt Invoice Comment Paid 014609 5121/01 GRIDOR CONSTRUCTION E 460-49480-310 Other Professional Services $141,067.00 Payment #9 WWTF Expansion Total GRIDOR CONSTRUCTION $141,067.00 Paid Chk# 014610 5121/01 HARVEST PRINTING E 101-41100-300 Professional Srvs (GENERAL) $23.89 7968-1 Newsletter balance E 101-41940-210 Operating Supplies (GENERAL) $21.19 8037 10 - color copes Total HARVEST PRINTING $45.08 Paid 014611 5121/01 HAWKINS CHEMICAL, INC. E 601-49450-217 Chemicals - Ferric Chloride $4,255.96 344437 Ferric Chloride 35% Total HAWKINS CHEMICAL, INC. $4,255.96 Paid Chid 014612 5/21/01 LEAGUE OF MINNESOTA CITIES E 101-41300-208 Training and instruction $295.00 1400006466 Annual MN Conf. Total LEAGUE OF MINNESOTA CITIES $295.00 Paid Chk# 014613 5/21101 LYLE H. NAGELL CO., INC. E 429-49000-310 Other Professional Services $1,500.00 9346 Consultation - CSAH 19137 Total LYLE H. NAGELL CO., INC. $1,500.00 Paid Chk# 014614 5/21101 MAXFIELD RESEARCH, INC. E 101-41100-3W Professional Srvs (GENERAL) $8,000.00 8766 Market Research 2001 Total MAXFIELD RESEARCH, INC. $8,000.00 Paid Chid 014615 5121101 MCCOMB GROUP, LTD. E 429-49000-310 Other Professional Services $3,528.04 3129 Peterson Parcel Total MCCOMS GROUP, LTD. $3,528.04 Paid Chk# 014616 5121/01 MCFOA E 101-41400-433 Dues and Subscriptions $35.00 2001- 2002 Membership Fee - Bridget E 101-41300-433 Dues and Subscriptions $35.00 2001- 2002 Membership Fee - Linda Total MCFOA $70.00 Paid Chk# 014617 5/21/01 MEDICA E 101-41400-131 Employer Paid Health $1,353.47 June 2001 Medical - B/M E 601-49450-130 Employer Paid Ins (GENERAL) $507.30 June 2001 Medical - John/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $507.30 June 2001 Medical - John/Mike E 101-41300-131 Employer Paid Health $676.76 June 2001 Medical - Linda E 101-43100-130 Employer Paid Ins (GENERAL) $846.20 June 2001 Medical - Ken/Mike E 101-45100-130 Employer Paid Ins (GENERAL) $846.20 June 2001 Medical - Tim/Mike Total MEDICA $4,737.23 Paid Chk# 014618 5121/01 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $141.00 118982 Lab Testing - water samples E 601-49450-218 Testing Expenses $493.00 119021 E 601-49450-218 Testing Expenses $52.00 119025 Total MIDWEST ANALYTICAL SERVICES $686.00 Paid Chk# 014619 5121/01 MINNESOTA DEPT. OF HEALTH 0 E 101-43100-433 Dues and Subscriptions $23.00 3129 Public Works - K.Undsay • CITY OF ALBERTVILLE Friday, May 18, 2001 Check Detail Register Page 4 of 5 Check Amt Invoice Comment Total MINNESOTA DEPT. OF HEALTH $23.00 Paid hk# 014620 5/21/01 MONTICELLO BLOCK E 10141940-520 Buildings and Structures $1,565.05 9030 Landscaping - Main Avenue Total MONTICELLO BLOCK $1,565.05 Paid Chk# 014621 5/21/01 NORTHWEST ASSOCIATED CONSULTAN E 101-41910-306 Planning Fees $401.00 10013 General Services E 101-41910-3W Planning Fees $121.80 10013 Shoreland Regulation E 101-41910-306 Planning Fees $931.50 10013 Peterson Trail E 456-49000-M Planning Fees $77.50 10014 Towne Lakes Final Plat E 101-41910-306 Planning Fees $421.20 10014 Albertville Heritage E 101-41910-306 Planning Fees $234.50 10014 Ashley Furniture Outlet E 451-49000-M Planning Fees $93.00 10014 Albertville Plaza E 451-49000-306 Planning Fees $38.75 10014 Mobil Sign Plan Variance E 101-41910-M Planning Fees $38.75 10014 Darkerwvalk PUD E 450-49000-306 Planning Fees $23.25 10014 AV 2nd E 456-49000-306 Planning Fees $15.50 10014 Towne Lakes PUD E 101.41910-3W Planning Fees $15.50 10014 JMJ Phase it E 450-49000-306 Planning Fees $15.50 10014 AV 4th Phase E 450-49000-306 Planning Fees $41.75 10014 AV 3rd E 101-41910-306 Planning Fees $375.00 10015 General Service Total NORTHWEST ASSOCIATED CONSULTAN $2,844.50 Paid ChW 014623 5121/01 PURCHASE POWER E 101-41400-322 Postage $519.00 Refill postage meter Total PURCHASE POWER $519.00 Paid Chk# 014624 5/21/01 S.E.HJR.C.M. E 101-41700-303 Engineering Fees $13,136.00 74973 Services April 1 - April 30 Total S.E.HJR.C.M. $13,136.00 Paid Chk# 014625 5121/01 VISIONARY SYSTEMS, LTD. E 101-42000-433 Dues and Subscriptions $50.00 2001-2002 Firehouse Software Total VISIONARY SYSTEMS, LTD. $50.00 Paid Chk# 014626 5/21/01 WRIGHT COUNTY HUMAN SERVICES E 10145000-598 Pledges & Contributions $2,420.00 RiverRider 2001 Service Total WRIGHT COUNTY HUMAN SERVICES $2,420.00 Paid Chk# 014627 5121101 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $1,957.75 April 2001 Recycling Contrail Total WRIGHT RECYCLING $1,957.75 Paid ChW 014628 5121/01 WULFF, BRIAN E 101-42000-331 Travel Expenses $38.40 Training - reimbursement Total WULFF, BRIAN $38.40 Paid Chk# 014629 5/21/01 XCEL ENERGY E 101-43100-381 Electric Utilities E 101-42000-381 Electric Utilities E 601-49450-381 Electric Utilities $75.57 May 2001 Electric-PW Garage $267.61 May 2001 Electric - Fire Hail $1,622.84 May 2001 Electric -Sewage Plant • CITY OF ALBERTVILLE Check Detail Register Check Amt Invoice Friday, May 18, 2001 Pam 5 of 5 Comment E 101-41940-381 Electric Utilities $129.42 May 2001 Electric -City Hall E 801-49450-381 Electric Utilities $126.89 May 2001 Electric -Sewer Lift-Wth St E 101-45100-381 Electric Utilities $93.37 May 2001 Electric-Baltfiekl-Rink E 601-49450-381 Electric Utilities $81.09 May 2001 Electric-52nd St.Lift Station E 101-41940-381 Electric Utz $23.81 May 2001 Electric-60th Street E 101-45100-381 Electric tJflffies $22.92 May 2001 Electric 51st St. Park E 101-41940-381 Electric Utility $20.48 May 2001 Electric-Park-n-Ride Lot E 601-49450-381 Electric Utilities $15.11 May 2001 Electric-Sevuer Lift- CR 18 E 101-45100-381 Electric Utilities $7.02 May 2001 Electric6002 Main E 101-41940-381 Electric Utilities $3.14 May 2001 Electrio•Defense Siren E 101-43160.381 Electric Utilities $3,303.55 May 2001 Electric Street Lighting E 101.45100-381 Electric Utilities $7.02 May 2001 Electric-58th St Park Shelter Total XCEL ENERGY $5,799.84 10100 Security State Bank $199,202.69 C..1 5975 Main Avenue E. P.O. Box 9 Albertville, MN 55301 (612) 497 3384 Fax: (612) 4974210 A"LICATION FW lW—IRMICATING MLT LIQUOR LIME The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide ,Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant:�lt�✓/� J/cee t 2. Name and Address of President and Secretary of Applicant: MI ss y i'Y-e�r es 41,6e ✓k, //e-- e 4 6ern,� 4/6e14,,//C-. 3. Purpose for which funds derived will be used: a 4. Date of activity:Gh� 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: 6. Hours of operation: 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: Date: �-� aJ Si nature Applicant(s) 9 a 5975 M W N.E. P.O. Box 9 Albertville, MN 55301 (612) 497-3384 Fax: (612) 497-3210 APPLICATION FOR "-Ili MICATING HIMT LIQUOR LIME The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant: • 2. Name and Address ,of President and Secretary of Applicant: 3. Purpose for whichfunds derived will be used: / 4. Date of activity:ylt''', yA`" 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: _5�e' 1<�, `4 C_" /el 6. Hours of operation: -'�-eaoZ 001 7. Number of previous license obtained this calendar year: �- 8. Name, address, telephone number and position held with Club of person si ninq this a plication: �2/�my �Cri Date: -- / ',,_r nature Applicar;t(s) 1Y1111110butil atatutcb GVVV, .3'+Vtt.JV'+ ragc 1 ul Z. Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 340A 340A.504 Hours and days of sale. Subdivision 1. 3.2 percent malt liquor. No sale of 3.2 percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday, provided that an establishment located on land owned by the metropolitan sports commission, or the sports arena for which one or more licenses have been issued under section 340A.404, subdivision 2, paragraph (c), may sell 3.2 percent malt liquor between 10:00 a.m. and 12:00 noon on a Sunday on which a sports or other event is scheduled to begin at that location on or before 1:00 p.m. of that day. Subd. 2. Intoxicating liquor; on -sale. No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (2) after 1:00 a.m. on Sundays, except as provided by subdivision 3. Subd. 3. Intoxicating liquor; Sunday sales; on -sale - (a) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays. (b) The governing body of a municipality may after one public hearing by ordinance permit a restaurant, hotel, bowling center, or club to sell alcoholic beverages for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year, and the fee for the license may not exceed $200. (d) A city may issue a Sunday intoxicating liquor license only if authorized to do so by the voters of the city voting on the question at a general or special election. A county may issue a Sunday intoxicating liquor license in a town only if authorized to do so by the voters of the town as provided in paragraph (e). A county may issue a Sunday intoxicating liquor license in unorganized territory only if authorized to do so by the voters of the election precinct that contains the licensed premises, voting on the question at a general or special • election. (e) An election conducted in a town on the question of the issuance by the county of Sunday sales licenses to S http://www.revisor.leg.state.mn.us/stats/340A/504.html 05/18/2001 I � 40 1,10 ORDINANCE NO. 1989-Ji- AN ORDINANCE REGULATING THE HOURS OF OPERATION OF INTOXICATING LIQUOR LICENSES (ON -SALE AND OFF -SALE) AND PROVIDING A PENALTY FOR VIOLATION THEREOF The City Council of the City of Albertville, Minnesota ordains: Section t . Intoxicating .ig or._ _On-Sa_7 e. No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) between 1:00.a.m. and 8:00 a.m. on the days of Monday through Saturday; (2) after 1:00 a.m. on Sundays, except as provided by Section 2; (3) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as provided by Section 2. (a) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays. (b) •,A restaurant, hotel, bowling center, or club may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota clean air act. ,section 3. Intoyicatina L-ghcr: tJ aye. No saie intoxicating liquor may be made by an off -sale licensee: (1) on Sundays; (2) before 8:00 a.m. on Monday through Saturday; (3) after 10:00 p.m. on Monday through Saturday; (4) on Thanksgiving Day; (5) On Christmas Day, December 25; or (6) after 8:00 p.m. on ..hristmas Eve, December 24. Section A. Sunargpding Other Or i_nances. The provisions of -1- TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: May 18, 2001 SUBJECT: Wastewater Treatment Facility Report On April 23, 2001 the Wastewater Treatment Plant had been receiving high flow for several days. There was more water coming in then was able to go out. The pond levels were rising to dangerous levels. Only 0.95' left before over flowing. I talked to Minnesota Pollution Control about the problem. I decided to bypass a portion of the flow until things became more normal. I bypass pumped for seventeen (17) hours for a total of about 200,000 gallons. 1 haven't had any problems since then. The pond levels have come hack down to a normal level. The monthly report to the State is completed and is available for reviewing at the Main City Offices. I passed the Class B Wastewater Exam in preparation for the Treatment Plant Expansion. Continuing to do daily, weekly and monthly duties. JM:bmm 66(1) NORTHWEST ASSOCIATED CONSULTANTS, I.NC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9638 Facsimile: 952.595.9837 planners@nacpianning.com PLANNING REPORT TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: May 16, 2001 RE: Albertville — Ashley Home Store - Site Plan Review Preliminary Plat 0 FILE NO: 163.06 — 01.03 BACKGROUND Mr. Jeff Brecht and Mr. Bill Hinks have submitted an application for site plan review and platting for outlots B & C of the Outlets at Albertville. The two parcels together equal 2.56 acres. The property is located on the south side of the private access into the mall just south of phase 11 construction. The site is part of the Outlets at Albertville PUD, which was established in 1999. As part of the negotiated PUD zoning a furniture store is permitted on the site subject to site plan review and platting of the site. Since the site is zoned PUD, this report provides an evaluation of the requested site plan and plat consistent with the B-3 zoning regulations. EXECUTIVE SUMMARY Site Plan Review The proposed site plan appears to be consistent with the City's requirements for B-3 zoned properties. 0 0 Lot Area, Setback, Height and Coverage Requirements 9 9 q B-3 District Required Proposed Lot Area none 2.56 acres Lot Width 150 feet 408+ feet Setbacks Front 35 feet 95 feet Side 20 feet 45/110 feet Rear 20 feet 27 feet Building Height Maximum 35 feet 28 feet Maximum Lot coverage for 30 % of lot area Just under 30 % Structures The proposed improvements are in compliance with all lot area, width, setback height, and lot coverage requirements. Site Access: There are two accesses shown onto the property, both are off of the private driveway that serves the outlet mall site. The most westerly access will include all truck movements. The easterly access shall be posted for no truck access or similar language. Parking: The ordinance does not specifically address furniture stores and the number of required stalls. The general retail calculation would require 251 stalls. This seemed excessive when reviewing the specific use proposed. The ordinance does have a provision where other uses not addressed in the ordinance may be determined on an individual basis by the Council Two resources were checked for parking ratios for furniture stores. Both documents listed ratios of 1 space per 1000 square feet as acceptable for furniture stores. The first source consulted was a Planning Advisory Service document called Off Street Parking Requirements. This document is a national review of parking requirements put together by the American Planning Association. The second resource used was the ITE or Institute of Transportation Engineers manual. This document uses actual studies to document peak parking rates and their figure was based on two studies of furniture stores. Based upon 1 space per 1000 square feet of floor area, 55.8 stalls are required and 71 are provided with 9 overflow spaces provided for weekend use in the delivery area. The parking on the overall mall property has been an issue during certain times. If the parking for the furniture store would prove to be inadequate the owner of the store and the mall properties would have to provide resolution to the issue on site. There will be cross easements over all properties affiliated with the PUD so that all parking can be shared. PA, sBuilding type and construction: The building is proposed to be two stories the first floor is 33,300 square ft. and the second floor is 22,500 square feet. The building will have an exterior appearance consisting of predominately EIFS (stucco) with arched windows and a skylight feature through the center of the building with stone veneer accenting the base to complement the outlet mall architecture. • Signage: One sign is indicated on the site plan but specific details were not provided. The applicant was informed of the potential to share a sign with Burger King on the freeway side of the property. They are proposing one wall sign on the rear of the building facing 1-94. This sign is proposed to be 246 square feet in size. On the front of the building the only signage is on the awning over the front door. This sign is approximately 30 square feet in size. Under the PUD some sign flexibility has been permitted. Exterior Storage: No exterior storage is proposed as part of the application. The trash area shall be enclosed and is to be constructed of materials to match the building. Grading/Drainage/Utilities: The final plans are subject to the review and approval of the City Engineer and his comments are attached. Landscaping Plan: A detailed landscaping plan has been submitted, however based upon review staff requests that shade trees be planted along the front to create a boulevard affect and that the variety of shrubs be modified and that the number of plantings be increased. Foundation plantings shall be added along the rear and east side of the building. Staff will work with the applicant to modify the plan prior to issuance of the building permit. Security to guarantee the installation and survivability of the improvements shall be provided as required by ordinance. Lighting: A parking lot lighting plan has been submitted using shoebox style fixtures. A detail of the proposed fixture to be used shall be submitted prior to issuance of the building permit. Preliminary Plat: The plat is proposed to create one parcel from two outlots that were platted with the intent of replat at the time a specific development was proposed. Fire Dept. review: The Fire Dept. comments are attached for your review. At the time of Planning Commission review it was unclear what the department needed for fire safety at the site. In discussion with the City Administrator the Chief indicated that the department does not need road access but that they need adequate room to gain access to the roof. The area surrounding the building and encumbered by the wetland buffer is fairly flat and the landscape plan will limit the plantings to the foundation areas so as to keep the area easily accessible. 3 • RECOMMENDATION The proposed site plan is generally consistent with the requirements of the Zoning Ordinance and PUD agreement with special consideration of the parking requirements. The Planning Commission reviewed this request and they recommended approval subject to certain conditions, some of which have been addressed. Should the Council find that the application is consistent with the intent of the PUD and Zoning Ordinance then staff recommends that the Council adopt the findings of fact and conditions as outlined. PC Linda Goeb Mike Couri Pete Carlson Jeff Brecht • 4 0 02-05-01 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Preliminary Plat Applicant's Name: Jeff Brecht and Bill Hinks Site Plan Request: Mr. Jeff Brecht and Bill Hinks have submitted an application for preliminary plat and site plan in order to construct a retail furniture store under the PUD at the Outlets of Albertville site. The application is to allow the construction of an Ashley Furniture HomeStore with consideration for parking based on the use as a gallery style retail space. Planning Commission Public Hearing Date: May 8, 2001 City Council Meeting Date: May 21, 2001 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is Outlot B and C, Outlets at Albertville, Wright County, Minnesota. B. The Planning Report dated May 16, 2001 from Northwest Associated Consultants is incorporated herein. C. The City Council finds the requested Site Plan in conformance with City's Zoning Ordinance and provisions of the PUD agreement. D. The proposed uses can be accommodated with existing public services and will not overburden the City's service capacity. E. The requirements of Section 2700 of the Albertville Zoning Ordinance the Subdivision Regulations have been reviewed in relation to proposed plans. 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. G. The proposed development will be compatible with present and future land uses of the area. H. The proposed use conforms to all applicable Zoning Ordinance performance standards. 1 Ashley Furniture Homestore CC Findings of Fact & Decision Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the preliminary plat and site plan based on the most current plans and information received to date subject to the following conditions: 1. Shared parking and ingress and egress easements shall be recorded over the entire PUD area. 2. Signage may include a wall sign on the rear of the building and on the awning over the front entrance as outlined in the plans. One monument sign shall be permitted at the front access and one shared sign may be permitted with Burger King. All signage is subject to a separate sign permit. 3. The Site Plan and related grading, utility and access issues are subject to the review and approval of the City Engineer per his memo dated May 1, 2001. 4. The landscaping plan shall be revised for the review and approval of the planner prior to issuance of the building permit. Security as required by the ordinance shall be submitted prior to the issuance of the building permit. 5. Details on the lighting fixtures shall be provided prior to issuance of the building permit. 6. The final plat and development agreement shall be recorded prior to issuance of a building permit. 7.. The site plan and construction plans shall comply with the recommendation of the Fire Dept. as outlined in their May 10, 2001 letter. 8. Any change in use of the property from a furniture store shall be subject to City Council approval and shall be reviewed based upon the applicable ordinances related to parking. Adopted by the Albertville City Council this 21" day of May 2001. Attest: 0 Linda Goeb, City Administrator PC Linda Goeb Mike Couri Pete Carlson Jeff Brecht City of Albertville as John A. Olson, Mayor 2 Ashley Furniture Homestore CC Findings of Fact & Decision P.O. Box 56 Albertville, MN 55301 Date: May 10, 2001 To: Linda Goeb City Administrator Albertville MN From: Albertville Fire Department RE: Ashlay Home Store We have reviewed the request of the Ashley Horne Store to remove the fire access road From the east and south side of the building. 1. We will allow the building to go forward with no access road on the east and south side as long as we have enough room to gain access to the roof area with are ground ladders. With out having to walk in to the wet land area and have good ground footing for are ladders. Kevin Roden Albertville Fire Chief Chad Cichos Assistance Fire Chief j•d bL4L-L64-E9L •%doa aJtj ajjTAIjagjd dL*:so t0 01 Raw • 1 • O � � n x-a�rmw. i ;�qY a� 11ia1 qM tler4 P.Ma1M s a„M ASHLEY HOME STORE ALBERTVILLE, MINNESOTA HUNTER GROBE i ARCHITECTS / PLANNERS 325 SEVENTH STREET SOUTH EARW, 10 111, 04.0 i Z F • w p 1' 4 r. 0 e \ IP p 0 i ■ m < O Y F q ■ � p ■ I T_ A 111fff111 f P ■ O • p • w Tip m ' ASHLEY HOME STORE HUNTER-GROBE m � F ALBERTVILLE MINNESOTA ARCHITECTS /PLANNERS .o• • - M SEVENTH STREET SOWN FARGO,PQ S&f)3 r� • • 0 d S m m m v r D Z -_i Z 0 v m D r ASHLEY HOME STORE ALBERTVILLE. MINNESOTA �— \1 LANDSCAPE PLAN p i P P ) r 6 r r + r r o F. t+ la E it pro f►r ai ti i ir fit 1.1 lit It 2 it fit :g g 'fill t .wh-r, OMve� a Assocleras, a►a =Y fYM YYrvwM ((J!I 1N-NI-Mf I1t f1YNl-p1( =j/4.. W !li =Nn. lesrMW � lr..►lyw /mot llYawsl. . mf piptt.I. undr tlr bn YFn.wb. flp. Na mscwmnn CWtiY...iW1..TIYMA/M....MM11bIq.Mt� -T • • • =q. s a tip r—• ♦� I r-- I -1.• rTl 1.1 •� I --i _I-. • . I ;f; - 1 • 1 rTr r i i . 1 �, UNCMEgCED PLAT =rur ro awlat IIM 4-24-01 VI • • \ASHLEY HOME STORE $ ALBERTVILLE, MINNESOTA PRELIMINARY GRADING, DRAINAGE, & — N EROSION CONTROL PLAN i n.. Dory am p,X, John Odver 6 Assoohttsa M „rW x , cxci ' V arc .w.:�l. TEXT Rp. rro. x T% r7P TTFI oc=w. w» • • • (D, Imo$ y� 21 \N y is N \ ASHLEY HOME STORE ALBERTVILLE. MINNESOTA PRELIMINARY SANITARY SEWER AND WATERMAIN LAYOUT Jq, Oftpr Ass.01 tes Ina ..�... .o. n«..+...._. _..� . aso o.y. Aww. eD, "~"' Ya««..a N=aa 7N-HI-t072 /Ax fN-M/-N°6 nk ' ""'' """" '°"`a:.°�T <.d uwt 1 ^� v oT ° AD," lam a �V _° °""` wre: 4-24-Di oEssK� D, : . oeam er: DCP a+EcxEo BY: TM owc 7253-40UT Tom'' NONE DEv "°. DATE DE=CFA"M -- off... Ill,ra � —,, lan« ""r.~ r—k r`—ft oa.. x n.°. xa x Fa Ho, 7253,40-03 6c� NORTHWEST ASSOCIATED CONSULTANTS, INC. ---- 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nacQwinternet.com MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: May 17, 2001 RE: Albertville Plaza — Landscaping and Screening Plan FILE NO: 163.06 - 00.37 Staff continues to work with the applicant on modifications to the screening and landscaping plan. We hope to have a revised plan to review with the Council at the meeting. --We have scheduled a meeting with the neighbors Monday prior to the Council meeting. A full report will be provided at the Council meeting. c. Linda Goeb 0 AdIr ' .rr Mt�EMOR 0200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 66302-1717 320.229.4300 800.572.0617 320,229.4301 FAX TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: May 15, 2001 RE: 2001 Street Overlay, Albertville, Minnesota SEH No. A-ALBEV 0115.00 14 Attached is a map that indicates what streets will be overlaid in 2001. The final bituminous wear course for 57 h Street, Lambert Avenue, Lachman Avenue, and the fire station parking lot will be included in this bid. Please add this item to the May 21, 2001, agenda for the council to consider. The requested action would be authorization to bid. and Attachment c: Mike Czech w:Vtbe001 I SNwa�mytsrm.m doc • Short EBW Hen&ickm Inc. • Your Trusted Resource 0 Equal Opp * Employer 0 IN:iZ: • • 0 0o O N r- O N rn �- �- W 54 1 /2TH ST NE ry w n z 00 O N --� _._._ EL.=95.55 EL.=94.99 EL =9 . EL. =95.07 EL . =96. 24 E . -95. 31 EL. 5 07 EL. =95.31 EL. =95.47 EL. =95.81 EL. =95.47 (j9 EL. =95. 6 00 E . =95.36 O r- 00 0-) N N 54TH ST Ln Ln lq- # r- co O 0 30 60 F ILE No. 54 WTH ST DRAINAGE ALBEV0115.00 EXHIBIT DATE • REAR LOT DRAIN TILE NO 2 05/16/01 ALBERTVILLE, MN • r Im Q xi� 56TH STREET P.P. k' C B#2 --N 6"-8" TREES 0 �- Ln Ln CHAIN LINK .,-- EL. =9 .09 0 5560 EL.--956.02 i ' 56TH STREET P.P. k' C B#2 --N 6"-8" TREES 0 �- Ln Ln CHAIN LINK .,-- EL. =9 .09 0 5560 EL.--956.02 i ' 5553 i O 5570 _ EL.=956.04 r-� C B#1 �� 6 P E P.P. V DRAIN t- i EL.=955.64 T I L E i CHAIN LINK 0 0 • 5531 U 5544 EL.=955.65 BEEHIVE CB RIM=955.71 � EX CB ~ i Ln i i 5 5 TH STREET s FILE No. 55TH COURT DRAINAGE ALBEV0101.00 DATE • REAR LOT DRAIN TILE EXHIBNO.IT 04/16/01 ALBERTVILLE, MN _. ...._......................._..__..—_.._......................... ..._................ __............ ' ................... _........... ... _ ........... ........... ................ _._. .. I Lu cc 1 O ..� i ln O Q N LU o so aoo 0z h— to (D Z LU Q i L►J Q J = ( i W !-- iL cr- F— _ Q O O cn p i <`_ ram- tn i 1 1 N j W r J a I 1 I (ll 3f � 3 el S 33 co j( t 3 Sir If i t w NLu i r: W U 1 LAJ ij 4 44 1 1 ` ; j_.... ............. _.... ......... _. _ . _ _ ; Jco i ig0 (�j 1 1 W ........... .... cc ' O 1 1 1 Q M 1 M 1 FILE No. CITY INDUSTRIAL PARK AW AALSEV0113.00 AA OPTION 1 WITH WETLAND IMPACT EXHIBIT DATE: NO. I 05/16/01 ALBERTVILLE, MINNESOTA i Z O Q ell, S3b�tth 8 L' S 11. 4c W l 4c F V N �W 00 Z4 4 J 1i'1 EFE FILE No. CITY INDUSTRIAL PARK AALBEV0113.00 OPTION 2 WITH WETLAND IMPACT EXHIBIT �. DATE . No. a 05/16/01 ALBERTVILLE, MINNESOTA CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES THIS AGREEMENT, entered into this day of 2001 by and between Contractor Property Developers Company, collectively referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; • WITNESSETH: WHEREAS, Developer is the fee owner and developer of the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Towne Lakes and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 84.2 acres into 131 single family lots; and WHEREAS, approval of a Conditional Use Permit/Planned Unit Development is required to allow for the aforementioned subdivision proposed by Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Towne Lakes contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and • 1 WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, sanitary sewer, municipal water, storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed and financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street lights, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to allow the development of Said Plat as a Planned Unit Development with flexibility from the strict requirements of the City's Shoreline Regulations and Zoning Ordinance in relation to selected items detailed in this paragraph. A. Unless otherwise explicitly set forth in this Agreement, all lots in Said Plat must conform to the requirements of the RI -A zone of the Albertville Zoning Ordinance and applicable Shoreline Regulations, as well as all other applicable land use regulations. Exceptions to the RI -A zoning requirements are as follows: i. Lot Widths shall be as shown on the final plat. ii. Lot sizes shall be as shown on the final plat. iii. Street width shall be as shown on the approved plans and specifications. iv. Set backs (rear setbacks to be shown on an exhibit) a. Front: Fifteen feet for a house with a garage facing away from the street; twenty feet for the house and garage when the garage faces the street. 2 ■ b. Interior lots, Side: Ten feet for all structures, except that the a garage may be placed five feet from the lot line, provided that the garage is at least fifteen feet from any structures on the adjoining lot, and provided that once a garage is placed closer than ten feet to a property line, the house and garage on the adjoining lot may not be constructed closer than ten feet from the side lot line unless the separation between the structures on the two lots totals at least fifteen feet. c. Corner lots, Side: Fifteen feet for the house; twenty feet for the garage when it faces the side street. d. Interior lots, Rear: Twenty five feet. e. Lakeshore lots, Rear: See attached Exhibit V. Maximum building coverage: 30% for all lots except the following lots, which shall not exceed %: (name specific lots). B. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. C. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit B. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. D: Developer shall, at its own expense, construct sidewalks and trails in the locations shown in the attached Exhibit B at the time of road construction. E. Approval of Said Plat is contingent upon issuance of any necessary permits required by the US Army Corp of Engineers and the Wetland Conservation Act. Such permits are subject to review and approval by the City Engineer and City Attorney. F. The Developer shall establish a homeowner's association via a recorded covenant for this development. The Developer shall file the homeowners association covenants against all Lots in Said Plat, said covenants and agreements are to be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance. ki G. Said homeowner's association shall provide for maintenance of all of the following items located within Said Plat: common areas, all outlots, all trees along all boulevards, the swimming pool described below, the shoreline conservation easement area, all parks and park recreational equipment, all docks, and all trails. Said items shall be maintained by the homeowner's association in perpetuity except for lands dedicated as parks pursuant to this Agreement and -park recreational equipment, which shall be maintained for five years from the establishment of the homeowner's association, after which time the City shall be solely responsible for their maintenance. H. Said homeowner's association shall provide for and maintain permanent markers at all property lines along the Shoreline Conservation Easement. The markers must advise property owners of the Shoreline Conservation Easement and that property owner's must leave the area within the Shoreline Conservation Easement in its native vegetative state as shown on the landscaping plan attached as Exhibit C. The type of markers to be installed must be approved by the City Engineer. I. Prior to the sale of any lot(s) within Said Plat, Developer shall provide to the City with a copy of the sales literature and other appropriate documentation which identifies all deed restrictions and that the private homeowner's association and not the City shall be responsible for the maintenance of the items listed in paragraphs 1.G & H above. J. Except as otherwise provided in this Agreement, upon the failure by homeowner's association to properly maintain or repair the items outlined in paragraphs 1. G & H above (as determined by the City), the City shall give Developer and homeowner's association thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to fix any deficiencies governed by this Agreement and bill the homeowners' association for said costs. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by the homeowners' association, the City may thence immediately and without notice or consent of the Developer ,or homeowner's association complete their obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or bring legal action against the homeowner's association to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer, property owners and homeowner's association knowingly and voluntarily agree not to contest or appeal such assessment and waives all statutory 4 u rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. K. If a subdivision sign is desired by the Developer to identify the Towne Lakes Development, a sign proposal shall be submitted for the review and approval of the City Planner. L. Prior to the sale of any lot(s) within Said Plat, Developer shall provide to the City a copy of the sales literature and other appropriate documentation which identifies that the private homeowner's association and not the City shall be responsible for the maintenance of the subdivision sign in perpetuity. Said documents shall also provide a clause allowing the City to remove the sign in the event that it is not maintained. The written documentation shall be subject to review and approval of the City Attorney and filed with the Wright County Recorder's Office. M. The Developer shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing portions of the shoreline conservation area indicating that the use of fertilizer and pesticides in the shoreline conservation easement area is prohibited. The use of fertilizer and pesticides in said plat must be done in such a way as to minimize runoff into the shoreline conservation easement area or public water by the use of earth, vegetation, or additional means acceptable to the City Engineer. N. The Developer shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP easements indicating that no structures can be built within the easement areas. The applicant shall also file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing wetlands or storm water ponds indicating that no structures can be built within 20 feet of wetlands or storm water ponds. All such deed restrictions shall be subject to the approval of the City Attorney. O. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City with a copy of the sales literature identifying NSP easement building restrictions, the required twenty (20) foot wetland setback building restrictions, the location of all future parks within Said Plat, and the location of all sidewalks, trails and easements. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat prior to the sale of any of said lots by Developer. 5 P. It is the understanding of the Parties that Developer does not presently intend to make use of model homes within Said Plat. The Parties acknowledge and agree that should Developer decide to construct any model homes within Said Plat, use of such Model Homes shall be consistent with Section 2200 of the Albertville Zoning Ordinance. The Parties further agree that prior to construction of any model homes, the Parties will enter a model home agreement and that said model home agreement shall be subject to review and approval by the City Attorney. Q. Electrical Easement Restriction. Lot 5 of Block 6, Lot 14 of Block 7; Lots 1 and 11 of Block 8; Lots 8 and 9 of Block 11, Lot 1 of Block 12; Lot 4 of Block 17; Outlots G, L. and O of Said Plat are subject to transmission line easements in favor of Northern States Power Company, its successors or assigns (hereinafter referred to as "NSP"), as described in Wright County Recorder Document No. and (hereinafter referred to as "the Easements"). Said Lots shall be restricted in use in the following manner so long as said NSP Easement remains valid: 1. Buildings on Easements. No building, whether temporary or permanent, including, but nor limited to outbuildings or accessory buildings shall be placed or permitted to remain within the Easements. 2. Non -Building,, Improvements/Landscaping. No fence, wall, patio or other structure, nor any wire, pipe, path, walkway, tree, hedge, driveway or exterior ornament of improvements of any kind, nor any addition, removal, alteration or remodeling thereof shall be made, erected, altered or placed within the Easements until plans and specifications therefore have been reviewed and approved by NSP. In any event, no planting shall be allowed within 15 feet of any structure maintained by NSP within the Easements and, further, if any of the area within the Easement is fenced, gates must be installed to provide access to NSP for maintenance purposes. Chain link or other types of fences using metal material constructed on or near the area within the Easements should be properly grounded. 3. Work Within Easement Areas. a) Excavation/Grading Around Structure Location. A minimum distance of 15 feet of supported earth must be maintained from structures for the transmission line maintained within the Easements. Ground support beyond 15 feet from any such structure may be provided by a slope no no greater than 3 feet horizontal to 1 foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. Fill around or above steel structure foundations is not permitted. Grades around structures must provide for surface water run-off. Ground elevations within the Easements shall not be increased above existing grade, stockpiling of soil and/or material within the Easements is not permitted. Where transmission structures are exposed to vehicular traffic, steel posts or guardrail type barricades must be installed in accordance with specifications maintained by NSP. Specific plans for any such excavation or grading around structural locations located within the Easements shall be submitted to NSP for review and approval prior to commencement of any such work. b) Clearance. . A working clearance of '25 feet between the electrical transmission lines, any transmission structures, and any cranes or digging equipment used in or near the Easements must be maintained at all times. If this clearance cannot be maintained, the person performing the work must arrange for a line outage in accordance with the procedures established by NSP. R. Other Use Restrictions. On all lots within 20 feet of any wetland or storm water management pond, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other person shall apply any fertilizers or herbicides within fifty (50) feet of any drainage easement. S. Developer shall construct a sales office on Outlot C in the approximate location shown on Exhibit . Upon the sale by Developer of Is all numbered lots in Said Plat and any contiguous plats within the City 7 of Albertville developed by Developer, the City shall have the option of requiring the Developer to deed the sales office building and Outlot C to the City, or requiring the Developer to remove the sales office and deed Outlot C to the City. Developer shall comply with the City's choice within 60 days of written notification of the option chosen by the City. T. Developer shall install a pool on Outlot in the approximate location and in the approximate dimensions as shown on Exhibit . Upon the occupancy of at least 50 homes in Said Plat, Developer shall install said pool and shall transfer ownership and management of said pool to the Homeowners' Association, which shall maintain the pool in good working order for a minimum of 20 years. The homeowners' association may choose to limit use of the pool to homeowners' association members and their families only. U. Developer shall ensure that all numbered lots are landscaped with appropriate landscaping materials, the installed value of which shall not be less than % of the cost of all materials and labor necessary to construct the home placed on such lot. Said landscaping shall be installed within one year of the occupancy of said home. V. Developer may install up to common dock facilities in the approximate locations and in substantially the same size and configuration as shown on the attached Exhibit . Developer shall submit detailed plans for any such docks to the City and Department of Natural Resources, and shall not install said docks without the permission of the City and the Department of Natural Resources. Developer shall comply with all State and Federal Rules and Regulations relating to the location and construction of shore recreation facilities including, but not limited to, docks, watercraft mooring areas, and launching ramps to be within Said Plat. Docks shall only be permitted in those locations shown on the attached Exhibit Owners of numbered lots shall not be permitted to install docks. No more than four boat slips shall be allowed on each common dock facility. W. No owner of property within Said Plat shall be allowed to operate, moor, store or otherwise use motorized watercraft of any type on either Mud Lake or School Lake, except that watercraft with electric motors shall be allowed unless otherwise prohibited by City ordinance. Developer shall not allow the operation of motorized watercraft from any docks Developer installs on said lakes. • 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Towne Lakes, as prepared by Westwood Professional Services dated 11 2001 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading, and trails. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 3131 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 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. 3. Construction of On- and Off -Site Improvements. B. 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 0 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; 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. 10 D. Developer shall install silt fencing in back of all curbing within 30 40 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 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1 st and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. F. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit 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. 4. Intended Use of Subdivision Lots. A. It is the Developer's and City's intent that One Hundred and Fifty (150) 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. B. The Developer shall file property owners association covenants against all Lots in Said Plat, said covenants to be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance. 11 • 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit r P P tY (o other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ representing the sum of 100% of the estimated cost of the Municipal Improvements ($_�, 50% of the on and off -site improvements and 150% of the estimated cost for landscaping/screening materials ($__). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off - site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. 12 E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or on- and off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements and on and off -site improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: 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 13 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. 7. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's 40 various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground -cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting 14 said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount owed against any or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. Sanitary Sewer and Water Trunk Line Fees A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 84.2 acres in Said Plat. Therefore, the Sanitary Sewer Trunk Line Fees for this plat are $117,880 ($1,400.00 x 84.2 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 84.2 acres in Said Plat. Therefore the water trunk line fee for Said Plat is $101,040 ($1,200 x 84.2 acres). Developer will pay said fee prior to the release of the final plat by the City. 10. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit 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. 11. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 12. Maintain Public Pro e!U 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 15 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 fin-ther 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 Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 13. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 14. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. 10 16 C. If building permits are issued prior to the completion and acceptance 0 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. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State or Federal law or regulations. 17 I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. K. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer, Wright County and/or the State of Minnesota. L. All outlots shall be seeded to prevent soil erosion, except areas previously delineated as wetlands. 15. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of said irrevocable letter of credit must be approved by the City Attorney prior to its issuance. 0 16. Violation of Agreement, 0 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 16(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. C. Paragraph 16A of this section shall not apply to any acts or rights of the City under the preceding paragraph, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 16. Dedications to the City. iA. Municipal Improvement Dedications. 19 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, Trail and Outlot Dedications. Developer acknowledges and agrees that as part of its park dedication requirements for the 150 residentially zoned lots in Said Plat, Developer shall provide the following park -related items to the City at no charge to the City: i. Developer shall dedicate to the City the following lots for park purposes: Outlots A. D, F, G, H, I and L. Park 1 and Park 2. ii. cone Developer shall to the City the following lots: P Y Outlots E, J, K and O. iii. Developer shall install park landscaping as shown on the attached Landscaping Exhibit, Exhibit iv. Developer shall install recreational equipment in Park 1 and Park 2. All such recreational playground equipment shall be subject to review and approval by the City Council prior to its installation. The total cost of such equipment, exclusive of its installation, shall be no less than $ V. Developer shall install park benches, picnic tables, volley ball court, tennis court, gazebo and parking lots as shown on the park plans attached as Exhibit vi. Developer shall provide a park and trail easement over that portion of lot C shown on the attached Exhibit vii. Developer shall dedicate land for trail purposes. 20 1� u viii. - Developer shall install foot wide bituminous trails in the locations shown on the attached Exhibit . All such trails shall be constructed to the standards required by the City Engineer and shall be completed with the Municipal Improvements required in this Agreement. C. Shoreline Conservation Easement A shoreline conservation easement around the shores of both School Lake and Mud Lake shall be dedicated to the City. It is the intention of the parties to this Agreement that this conservation easement area be returned to its native vegetative state and shall act as a buffer to the lakes. Developer at its own expense shall restore the easement area by planting native trees, grasses and shrubs within the shoreline conservation easement to encourage wildlife habitat and decrease the visual impact of the development on the natural environment lakeshore. Said landscaping shall be constructed as shown in the landscaping plans attached as Exhibit . Developer shall guarantee all new plantings as required by Exhibit shall survive for two full years from the time of planting has been completed or will be replaced at the expense of the Developer. 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 21 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 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. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 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. 9 24. Notification Information. 22 jo • Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Contractor Property Developers Company 9110 —83 Avenue North Brooklyn Park, MN 55445 Telephone: 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 Its Clerk CONTRACTOR PROPERTY DEVELOPERS COMPANY By Homer H. Tompkins III 23 • Ll Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of June, 2001, by John Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of June, 2001, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Notary Public 24 • The foregoing instrument was acknowledged before me this day of June, 2001, by Homer H. Thomkins III, as President of Contractor Property Developers Company. Notary Public DRAFTED BY: Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 • • 25 • EXHIBIT A TO DEVELOPER'S AGREEMENT The legal description of the property to which this Developer's Agreement applies is as follows: • Towne Lakes, City of Albertville, Wright County, Minnesota. 26 U • EXHIBIT B Utility Plan Exhibit C Landscaping Plan Exhibit D Grading, Drainage and Erosion Control Plan 27 . The term "ordinary high water level' shall be used as defined in Minnesota Rule 6120.2500, Subp. 11. n �J �I W. CITY OF ALBERTVILLE PLANNING AND ZONING COMMISSION APPLICATION TO SERVE ON COMMISSION You have recently expressed interest in serving on the Albertville Planning Commission. In an effort to fill the vacant position, we ask that you complete this application and return to City Hall by Thank you for your interest. Should you have any further questions regarding this application, please feel free to contact City Hall at 497-3384. NAME: LS 1y J V ,� Kars T?n /`%yt N Home: yZ % ` got (. l -Work: 76 3 - 1/74 ADDRESS: PHONE: PLACE OF EMPLOYMENT: _-.I— Are you available to attend Planning, Commission meetings on the Lnd and 4th Tuesday of each month? K YES NO What experience or knowledge do you possess that would be applied to the position you are interested /in? Teat G'A 4/A, /' r ri/aS r'i`17C�1���� Suhoo 1 � h/0"l%X h@av�l/%%^e- .S4UAJ- 9overnr14n� Reasons that you would like to serve on the Planning Commissions o� � /tee � ��L �rcg a^� 1✓0� IcQ �� k� fo %tcoM� �s , A,,1� ,� s 40 ofs ; % i G"��. q a : r s , a ° J /'e !✓ u,o ^ rout 1 gM �'�•�; 1;�� ko � aiw Gre,i aAJ y y �Ie&t K-5/ ol, I hereby certify that all answers to the above questions are true, and I agree and understand that any false statements contained in this application may cause rejection of this application. • pelican' Signature Date • CITY OF ALBERTVILLE You have recently expressed interest in serving on the Albertville Planning Commission. In an effort to fill the vacant position, we ask that you complete this application and return to City Hall by Thank you for your interest. Should you have any further questions regarding this application,` please feel free to contact City Hall at 497-3384. MARK: A/ Ro 6lc/t r a L a vC's? 2 ADDRESS: UWII ' Zlo /a/Qerej-Vr //e 14AI.01 5330/ PHONE: Home: Mork: 743- 497- 5-99S PLACE OF EMPLOYMENT: e J . Are you available to attend Planning Commission meetings on the 2nd and 4th Tuesday of each month? ✓ YES NO What experience or knowledge do you possess that would be applied to the position you are interested in? Dcr�? %-v,g m y Z W'R s R< sPo.✓S i tile- /--64 O eC•✓/W3 •✓e_zi Locacr, o•✓ S r"c R /n Q-✓: i+ s i4r-eo (A 04T 7ht U.✓ircc: T.TaTcS_-i. /-JaS /rC4J";,ZCJ 70 c�cTcrt.rsi-✓� LJJraT 9CooJlcca/at,ic q�re 4©eq--c-4,1d SAee-;C:ca/ly tJkC1te GJ.ylria 7 R-r Af`-J4-7FA1_ci2<�T+ f�•Ar bua/U�G/tGLr�ie.V_ CQS 4 /Tesc4lT) 2 l�mcf 7e dcw�,/c✓.Y/, q n�c,e pG $ovciz.✓,—eJ ModiGS ,-C ; ST S-T-G� Ceu./ry/ C , /Yy��q tA7ira/2.ryr e%c _ /�'1 y b��k,s2n.*•.Ja� /n/cLuciCS S'4Le<iR/f[TiN3' f7AY�Rr�s�n/� /aJo� ?<qL eBTe.Tt GJ�Ne2��•JCG_ Reasons that you would like to serve on the Planning Commission: h%4v�..5 clove ga 44-r a tl. d GoR rMy r-"1VaA1ic5 } Z a m aeaa.�Ie v G Ad�,; 1:y1 /c he/�p 7%eR4 i S (r{7-/c ✓q/2 tvu,s CdMrra•ve>'�cs o�J [✓� /aT ad✓�i�vTG.ges r�/.v�senlc,�2gL ,�i1�••"c Gi✓4r La6Lc .- [ 7�, 'f �s i.�+y oPi�ll�n/7,c Cif`/ /r/us-f AQvc �^' G�/tcssr�'c �v2 P2oL1T4� c veow r L �1 !c� �c �N ci2 bcsy" {�,@og.Ca•n T Q7�T/-<CLr- �rc Tyke of bus..vcsses 7A tic �'-' / /,✓T'��C-5r, d✓.rh /1'7y J(P-QC Rdst.✓� n.�� eX,*C1CicAlcC �<1i�✓� Z < �'c�/d �ic �t://a`uLTo j�,e C,Y'y 7 rn/ k`e/2 eA4o2T 7-6 (- CW,rve e�ae SogLs_ I hereby certify that all answers to and I agree and understand that any this application may cause rejection 0 &�" Applicant Sign&tiir- the above questions are true, false statements contained in of this application. LOI Date