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2001-11-05 CC PacketALBERTVILLE CITY COUNCIL AGENDA November 5, 2001 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES (a) October 15, 2001, City Council Meeting (b) October 17, 2001, Continuation of October 15th meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims 5. SPECIAL ORDER (a) 7: 15 PM -Assessment Hearing — Traffic Signal • Resolution #2001-27 (Resolution Adopting Assessment for Highway Traffic Signal Improvements) (b) Xcel Street Lighting Proposal — John K. Olson 6. DEPARTMENT BUSINESS a. Fire Department b. Public Works (1) Report on 53ra-54th Street sidewalk expenses (2) Public Works/Parks Maintenance Report C. Planning & Zoning • None d. Engineering (1) Proposal for frontage road along the north side of I-94 (2) Discuss Alternative Urban Areawide Review Process for the properties north of I- 94 (3) Report on sewer issue along Co. Rd. 18 — Bob Heuring property e. Legal (1) Cedar Creek South 7th Addition Developers Agreement City Council Agenda November 5, 2001 Page 2 of 2 f. Administration (1) Resolution #2001-25 (A Resolution Appointing Jon Sutherland to the Position of Building Official) 7. ADJOURNMENT ALBERTVILLE CITY COUNCIL AGENDA November 5, 2001 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) October 15, 2001, City Council Meeting (b) October 17, 2001, Continuation of October 15t' meeting 3. CITIZEN FORUM - qo Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 15281—15326) 5. SPECIAL ORDER (a) 7: 15 PM -Assessment Hearing — Traffic Signal • Resolution #2001-27 (Resolution Adopting Assessment for Highway Traffic Signal Improvements) (b) Xcel Street Lighting Proposal — John K. Olson 6. DEPARTMENT BUSINESS a. Fire Department b. Public Works (1) Report on 53rd-54t' Street sidewalk expenses (2) Public Works/Parks Maintenance Report C. Pl mni"a & Zonin(, • None d. Engineering (1) Proposal for frontage road along the north side of I-94 (2) Discuss Alternative Urban Areawide Review Process for the properties north of I- 94 (3) Report on sewer issue along Co. Rd. 18 — Bob Heuring property e. Legal (1) Cedar Creek South 70' Addition Developers Agreement City Couneil Agenda November 5, 2001 Page 2 of 2 f. Administration (1) Resolution #2001-25 (A Resolution Appointing Jon Sutherland to the Position of Building Official) 7. ADJOURNMENT l �� ALBERTVILLE CITY COUNCIL c2o'wo October 15, 2001 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin, Scott Wallace, and John Vetsch, City Attorney Mike Couri, City Planner Cindy Sherman and City Administrator Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5f(6) — Park Meeting Report Franklin made a motion to adopt the agenda as amended. Wallace seconded the motion. All voted aye. Wallace made a motion to approve the minutes of the October 1, 2001, meeting as presented. Franklin seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. Laurie Jacobson explained to the Council that she would like to construct a 10' X 12' non- permanent, strictly drive-thru building to sell coffee and bakery goods on the corner of the parking lot of Mike Savitski's commercial building on Co. Rd. 37. Planner Cindy Sherman advised the Council that that City ordinance does not allow an additional business use on a B-3 zone, without a Conditional Use Permit. She sited concerns over access to an additional building and parking lot concerns for the existing building. City Attorney Couri agreed that specific terms may be worked out with a CUP agreement. Jacobson will continue to investigate her options, including the use of the old Park & Ride location. Berning made a motion to approve payment of check #'s 15212 - 15254, and #'s 15258 - 15262 as presented. Wallace seconded the motion. All voted aye. Berning made a motion to approve the release of the $10,000 letter of credit for Wellerson LLP for grading, as recommended by City Engineer Peter Carlson. Wallace seconded the motion. All voted aye. Councilmember Berning reported on the Park Committee meeting. Items that were discussed included bleachers, ballfield fencing and dugouts, the potential of creating a skateboard area at City Park, and staffing at the outdoor hockey rink. Paul Schumacher, representing the Albert Villains, presented the plans for a 30' x 7' dugout and for a 40' x 7' dugout for the new baseball field. The Villains will provide the labor for construction of the dugouts if the City Council agrees to purchase the materials. Albertville City Council Minutes October 15, 2001 Page 2 of 3 Berning made a motion to approve up to $1,000 from the Park Dedication Fund to use for concrete to install the floors for the two dugouts to allow the concrete to be poured before freezing. Franklin seconded the motion. All voted aye. The Council directed the building inspector to red flag all new construction and stop further inspections if the required gravel driveway and silt fencing is not on site. Vetsch made a motion to accept the Public Works Report as presented. Wallace seconded the motion. All voted aye. Franklin made a motion to accept the WWTF/Water Department Report as presented. Berning seconded the motion. All voted aye. The Council reviewed the memo from City Planner Cindy Sherman regarding land use and zoning issues to the commercial areas along County Road 19 and along County Road 37 and 60th Street, as requested by the Council at their September 25, 2001, workshop meeting. The estimated cost to complete the work outlined in the memo is $3,000. Vetsch made a motion to include the property north of I-94 along County Road 37 in the amendments proposed. Wallace seconded the motion. Vetsch, Wallace and Berning voted aye. Olson and Franklin voted no. The motion carried. Wallace made a motion to have NAC prepare the zoning amendments at a not -to -exceed cost of $3,000. Franklin seconded the motion. All voted aye. City Attorney Couri explained that the Developer's Agreement for Albert Villas includes language regarding maintenance of common property held by the homeowners' association. Since the development has no association and there is no common property, he recommends a partial release of the Developers Agreement for Albert Villas. Wallace made a motion to approve the Partial Release of Development Agreement as presented. Franklin seconded the motion. All voted aye. Wallace made a motion to adopt ORDINANCE #2001-2 titled AN ORDINANCE PROHIBITING EXCESSIVE MOTOR VEHICLE NOISE WITHIN THE CITY OF ALBERTVILLE. The motion also authorized the Public Works Department to install five signs in the City limits notifying all vehicles that no jake breaking is allowed in the City. Berning seconded the motion, All voted aye. Franklin made a motion to put the former water tower lot for sale with the asking price of $50,000. Installation of sanitary sewer and water services will be at the new owner's expense. Wallace seconded the motion. All voted aye. Albertville City Council Minutes October 15, 2001 Page 3 of 3 The Council reviewed the decorative street lighting proposal from Xcel Energy. The Council directed staff to contact John K. Olson of Xcel Energy and request he attend the November 5th Council meeting to further discuss the street lighting proposal. Wallace made a motion to approve the building official package, including remodeling office space at City Hall, as recommended by the committee and to offer the position of building official to Jon Sutherland, contingent upon the proposed wages complying with the City's Pay Equity Plan. Vetsch seconded the motion. All voted aye. The Council scheduled a joint meeting with the ISD #885 School Board and the City of St. Michael for Wednesday, October 24, 2001, at the School Board's Board room. Mayor Olson continued the meeting to Wednesday, October 17th at 5:00 PM. John A. Olson, Mayor Linda Goeb, City Administrator ALBERTVILLE CITY COUNCIL c5?6 Continuation of October 15, 2001 Meeting October 17, 2001 Albertville City Hall 5:20 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Scott Wallace, and John Vetsch, and City Administrator Linda Goeb Mayor Olson convened the regular meeting of October 15, 2001. City Administrator Goeb reported on the events since offering the building official position to Jon Sutherland. Mr. Sutherland has indicated that the only portion of the offer he is uncomfortable with is the limit of five days vacation for the first year of service, as outlined in the City's Personnel Policy. The Council discussed whether to amend the Personnel Policy as to vacation leave and agreed not to change the policy. Wallace made a motion authorizing the city administrator to offer Jon Sutherland an additional $1,500 in annual wages ($61,500), to grant five days of vacation through the end of the current year, five days of vacation leave for 2002, and to allow the building official to take five days of leave without pay in year 2002. Vetsch seconded the motion. All voted aye. Beming made a motion to adjourn the continued meeting at 5:35 PM. Wallace seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator t ' CITY OF ALBERTVI LLE Thursday, November U1, 2oul Check Detail Register Page 1 of 5 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 015281 11/5/01 ACTION RADIO & COMMUNICATIONS E 101-42000-404 Repair/Maint - Machinery/Equip $388.90 24270 Repair of Land Mobile Total ACTION RADIO & COMMUNICATIONS $388.90 Paid Chk# 015282 11/5101 AFFORDABLE SANITATION, INC E 101-45100-415 Other Equipment Rentals $317.20 110073 Rental - Portable Biffs Total AFFORDABLE SANITATION, INC $317.20 Paid Chk# 015283 11/5/01 B & B MASONRY E 101-43100-402 Repair/Maint - Sidewalks $4,876.00 10011 Sidewalk(s) 57th St. Total B & B MASONRY $4,876.00 Paid Chk# 015284 11/5/01 BAUERLY BROTHERS CO. R 201-34705 Park Dedication Fees $805.86 Concrete for Dugouts Total BAUERLY BROTHERS CO. $805.86 Paid Chk# 015285 11/5/01 BROCK WHITE CO. LLC. E 601-49450-405 Repair/Maint - Buildings $1,878.66 SP24706401 Landscaping @ Plant Total BROCK WHITE CO. LLC. $1,878.66 Paid Chk# 015286 11/5/01 CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $24.24 51113 Name Plates/Office Supplies Total CHOUINARD OFFICE PRODUCTS $24.24 Paid Chk# 015287 11/5/01 CHRISTIAN BUILDERS G 101-22800 Landscaping Escrow $2,750.00 Escrow 5501 Lachman Avenue G 101-22800 Landscaping Escrow $2,750.00 Escrow 5562 Lambert Avenue Total CHRISTIAN BUILDERS $5,500.00 Paid Chk# 015288 11/5/01 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $198.00 6835 Animal Control Sery Total CITY OF MONTICELLO $198.00 Paid Chk# 015289 11/5/01 COURT & MACARTHUR E 101-41600-304 Legal Fees E 429-49000-304 Legal Fees E 101-41600-304 Legal Fees E 452-49000-304 Legal Fees E 438-49000-304 Legal Fees E 101-41600-304 Legal Fees E 450-49000-304 Legal Fees E 460-49450-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 440-49000-304 Legal Fees E 450-49000-304 Legal Fees Total COURT & MACARTHUR $27.50 October 2001 Water Tower Quiet Title $853.50 October 2001 Hwy 37 / 19 Improvement $770.00 October 2001 General Services $412.50 October 2001 Hwy 19 Signals $385.00 October 2001 Cedar Creek South 7th $330.00 October 2001 F T T H $275.00 October 2001 Albert Villas 4th $27.50 October 2001 WWTF Services $27.50 October 2001 Leuer - Munstetiger $27.50 October 2001 Fire Hall $27.50 October 2001 Casey's General Store $110.00 October 2001 Albert Villas $3,273.50 Paid Chk# 015290 11/5/01 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $186.16 3088183 1" meter for re -sale L 0 CITY OF ALBERTVILLE Thursday, November 01, 2001 Check Detail Register Page 2 of 5 Check Amt Invoice Comment E 602-49400-250 Meters for Resale $57.27 3088494 Copperhom - for re -sale Total DAVIES WATER EQUIPMENT CO. $243.43 Paid Chk# 015291 11/5/01 DEHN TREE COMPANY, INC E 101-41940-530 Improvements Other Than Bldgs $426.00 504 Grind Stumps Q Barthel Propert Total DEHN TREE COMPANY, INC $426.00 Paid Chk# 015292 11/5/01 DELTA DENTAL E 101-43100-130 Employer Paid Ins (GENERAL) $55.99 November 200 Dental - Ken/Mike E 101-41300-131 Employer Paid Health $44.78 November 200 Dental - Linda E 101-41400-131 Employer Paid Health $89.56 November 200 Dental - B/M E 601-49450-130 Employer Paid Ins (GENERAL) $33.59 November 200 Dental - John/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $33.59 November 200 Dental - John/Mike E 101-45100-130 Employer Paid Ins (GENERAL) $55.99 November 200 Dental - Tim/Mike Total DELTA DENTAL $313.50 Paid Chk# 015293 11/5/01 ESCHELON TELECOM, INC. E 101-41940-321 Telephone $22.45 October 2001 Phone - E-mail CH Total ESCHELON TELECOM, INC. $22.45 Paid Chk# 015294 11/5/01 GOPHER STATE ONE -CALL E 601-49450-209 Locates $176.70 1090092 Locates Total GOPHER STATE ONE -CALL $176.70 Paid Chk# 015295 11/5101 GRIDOR CONSTRUCTION E 460-49450-310 Other Professional Services $6,481.00 Req # 14 WWTF Construction Total GRIDOR CONSTRUCTION $6,481.00 Paid Chk# 015296 11/5/01 HACH COMPANY E 601-49450-218 Testing Expenses $93.71 2861521 Phosphate Test'n Tube E 601-49450-218 Testing Expenses $90.94 2867245 Multi -Purpose Half Cable Total HACH COMPANY $184.65 Paid Chk# 015297 11/5/01 HENRY & ASSOCIATES E 602-49400-404 Repair/Maint - Machinery/Equip $335.72 6317 Parts for Machinery Total HENRY & ASSOCIATES $335.72 Paid Chk# 015298 11/5/01 KUECHLE UNDERGROUND, INC. E 601-49450-406 R/M - Collection System $175.00 10031 Materials HDPE Pipe Total KUECHLE UNDERGROUND, INC. $175.00 Paid Chk# 015299 11/5101 L.M.C.I.T. E 101-41940-361 General Liability Ins $31,476.00 8246 Property Liability Insurance E 101-41940-361 General Liability Ins $3,011.00 8247 Liability Insurance E 101-45100-361 General Liability Ins $450.00 8248 Liability Insurance Total L.M.C.I.T. $34,937.00 Paid Chk# 015300 11/5/01 LANO EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $31.23 31881 Muffler/Gasket/Air Filter Total LANO EQUIPMENT $31.23 Paid Chk# 015301 11/5/01 LARSON PUBLICATIONS a CITY OF ALBERWILLE Thursday, November01, 2001 Check Detail Register Page 3 of 5 Check Amt Invoice Comment E 101-41100-351 Legal Notices Publishing $119.05 October 2001 Assess.Signals/Ord #2001-2 Total LARSON PUBLICATIONS $119.05 Paid Chk# 015302 11/5/01 MATT BULLOCK CONTRACTING, INC. E 101-42000-405 Repair/Maint - Buildings $571.00 1345 Mobilization - Backhoe rental Total MATT BULLOCK CONTRACTING, INC. $571.00 Paid Chk# 015303 11/5/01 MEDICA E 601-49450-130 Employer Paid Ins (GENERAL) $383.12 November 200 Medical - John/Mike E 602-49400-130 Employer Paid Ins (GENERAL) $383.12 November 200 Medical - John/Mike E 101-41300-131 Employer Paid Health $510.83 November 200 Medical - Linda E 101-43100-130 Employer Paid Ins (GENERAL) $638.52 November 200 Medical - Ken/Mike E 101-45100-130 Employer Paid Ins (GENERAL) $638.52 November 200 Medical - Tim/Mike E 101-41400-131 Employer Paid Health $1,021.65 November 200 Medical - B/M Total MEDICA $3,575.76 Paid Chk# 015304 1115/01 MENARDS E 101-43100-405 Repair/Maint -Buildings $307.60 31122 Misc Bldg Repair Supplies Total MENARDS $307.60 Paid Chk# 015305 11/5/01 METRO FIRE E 101-42000-417 Uniform Rentals $142.61 8689 10 - Mongoose Wht hoods Total METRO FIRE $142.61 Paid Chk# 015306 11/5/01 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $165.00 121982 CBOD / TSS E 601-49450-218 Testing Expenses $129.00 122189 CBOD / TSS E 601-49450-218 Testing Expenses $129.00 122251 CBOD / TSS Total MIDWEST ANALYTICAL SERVICES $423.00 Paid Chk# 015307 11/5/01 MILLER TRUCKING/LANDSCAPING SU E 601-49450-405 Repair/Maint - Buildings $214.07 Landscaping Project Total MILLER TRUCKING/LANDSCAPING SU $214.07 Paid Chk# 015308 11/5/01 MINNESOTA PLAYGROUND, INC. R 101-36200 Donations $842.45 2001423 Park Benches (STMA Donations) Total MINNESOTA PLAYGROUND, INC. $842.45 Paid Chk# 015309 11/5/01 NCL OF WISCONSIN E 601-49450-218 Testing Expenses $46.78 125868 Supplies for Testing Total NCL OF WISCONSIN $46.78 Paid Chk# 015310 11/5101 NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $12.00 November 200 Insurance Premium - Linda G 101-21710 Other Deducations $12.00 November 200 Insurance Premium - Mariann Total NCPER S GROUP LIFE INSURANCE $24.00 Paid Chk# 015311 11/5/01 NEWMAN TRAFFIC SIGNS E 101-43100-226 Sign Repair Materials $45.00 TI-0075774 Signs -'No Jake Braking' Total NEWMAN TRAFFIC SIGNS $45.00 Paid Chk# 015312 11/5/01 NEXTEL COMMUNICATIONS CITY OF ALBERTVI LLE Thursday, November 01, 2001 Check Detail Register Page 4 of 5 Check Amt Invoice Comment E 101-41400-323 Nextel Radio Units $143.91 October 2001 Two-way/cell-CH E 101-42000-321 Telephone $49.82 October 2001 Two-way cell - Fire E 101-41400-323 Nextel Radio Units $49.82 October 2001 Two-way/cell-Inspct E 101-45100-323 Nextel Radio Units $49.82 October 2001 Two-way/cell-Parks E 101-43100-323 Nextel Radio Units $49.82 October 2001 Two-way/cell-PW E 602-49400-323 Nextel Radio Units $49.82 October 2001 Two-way/cell-Water E 601-49450-323 Nextel Radio Units $49.82 October 2001 Two-way/cell-WWTF Total NEXTEL COMMUNICATIONS $442.83 Paid Chk# 015313 11/5/01 NORTHERN TOOL & EQUIPMENT E 101-45100-588 C/O - Park Mach/Equip $276.89 19237222 Landscaping Rock Rake E 101-45100-588 C/O - Park Mach/Equip $23.42 19330610 Boot/Shoe Brush Total NORTHERN TOOL & EQUIPMENT $300.31 Paid Chk# 015314 1115/01 OFFICE MAX E 101-41400-200 Office Supplies (GENERAL) $98.11 October 6 General Office Supplies Total OFFICE MAX $98.11 Paid Chk# 015315 11/5/01 PITNEY BOWES E 101-41400-413 Office Equipment Rental $169.00 435963 Pitney Bowes - Machine Rental Total PITNEY BOWES $169.00 Paid Chk# 015316 11/5/01 PREMIER 94 TRUCK SERVICES E 101-43100-404 Repair/Maint - Machinery/Equip $60.00 46512-IN DOT 79 Ford Plow E 101-43100-404 Repair/Maint - Machinery/Equip $75.01 46522-IN DOT 79 Int. Plow E 101-43100-404 Repair/Maint - Machinery/Equip $189.06 46552-IN DOT 75 Int. Jet Truck/Misc. Re Total PREMIER 94 TRUCK SERVICES $324.07 Paid Chk# 015317 11/5/01 S.E.H./R.C.M. E 438-49000-303 Engineering Fees $140.42 79898 2001 Cedar Creek So. 7th Add. E 456-49000-303 Engineering Fees $6,607.15 79938 2000 Towne Lakes Development E 450-49000-303 Engineering Fees $3,071.95 79939 Albert Villas 3rd Add E 457-49000-303 Engineering Fees $1,863.18 79940 Heuring Meadows E 450-49000-303 Engineering Fees $1,915.28 79941 Albert Villas 4th Add E 101-41700-303 Engineering Fees $6,638.46 79942 General Services E 101-41700-303 Engineering Fees $474.11 79943 General Services (9-1 to 9-30) E 452-49000-303 Engineering Fees $1,218.60 80033 CSAH 19 Traffic Study E 448-49000-303 Engineering Fees $4,000.00 80090 CSAH 19 Trail Improvements E 460-49450-303 Engineering Fees $14,778.00 80151 RPR Services - Bidding/Constru Total S.E.H./R.C.M. $40,707.15 Paid Chk# 015318 11/5/01 SCHULTE'S GREENHOUSE & NURSERY E 601-49450-405 Repair/Maint -Buildings $128.91 191334 Edging - steel stakes E 601-49450-405 Repair/Maint - Buildings $117.15 191359 Lawn Edging E 601-49450-405 Repair/Maint - Buildings $125.97 48036 Lawn Edging - steel stakes Total SCHULTE'S GREENHOUSE & NURSERY $372.03 Paid Chk# 015319 11/5/01 SCHUMACHER, PAUL R 201-34705 Park Dedication Fees $164.63 menards Materials for Dugouts Total SCHUMACHER, PAUL $164.63 Paid Chk# 015320 11/5/01 SPRINT CITY OF ALBERTVILLE Thursday, November 01, 2001 Check Detail Register Page 5 of 5 Check Amt Invoice Comment E 101-43100-321 Telephone $42.15 October 2001 Phone - PW Fax E 101-41940-321 Telephone $121.68 October 2001 Phone - tax/surcharge E 101-41940-321 Telephone $68.63 October 2001 Phone CH - Main E 101-41940-321 Telephone $53.06 October 2001 Phone - CH2 E 101-41940-321 Telephone $51.06 October 2001 Phone - CH3 E 101-42000-321 Telephone $44.01 October 2001 Phone - FD-Fax E 101-41940-321 Telephone $42.15 October 2001 Phone - CH-Intemet E 101-41940-321 Telephone $42.15 October 2001 Phone - CH -Fax E 601-49450-321 Telephone $30.00 October 2001 Phone - WWTF E 101-45100-321 Telephone $27.08 October 2001 Phone - Park Shelter E 101-41940-321 Telephone ($55.55) October 2001 Partial Monthly charges E 101-42000-321 Telephone $44.01 October 2001 Phone - FD-Main E 101-43100-321 Telephone $42.15 October 2001 Phone - PW Total SPRINT $552.58 Paid Chk# 015322 11/5/01 SUNSHINE SPRINKLER SYSTEMS R 201-34705 Park Dedication Fees $24,690.00 5419 Commerical Sprinkler System Total SUNSHINE SPRINKLER SYSTEMS $24,690.00 Paid Chk# 015323 tt/5/01 WRIGHT COUNTY AUDITOR/TREASURE E 101-42110-307 Police Contract Fees $19,466.67 Patrol-11 Police Protection Total WRIGHT COUNTY AUDITORITREASURE $19,466.67 Paid Chk# 015324 11/5/01 WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities $7.14 Lighting- 59th & MacKenzie E 101-43160-381 Electric Utilities $7.14 Lighting- 60th & MacKenzie E 101-43160-381 Electric Utilities $16.13 6551 LaBeaux Avenue E 101-43160-381 Electric Utilities $7.14 Lighting- 58th & MacKenzie Total WRIGHT HENNEPIN ELECTRIC $37.55 Paid Chk# 015325 11/5/01 XCEL ENERGY E 601-49450-381 Electric Utilities $2,118.74 E 101-41940-381 Electric Utilities $3.77 E 101-42000-381 Electric Utilities $221.44 Total XCEL ENERGY $2,343.95 10100 Security State Bank $156,569.24 Electric -Sewage Plant Electric -Defense Siren Electric - Fire Hall CITY OF ALBERTVILLE Friday, November 02, 2001 Check Detail Register Page 1 of 1 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 015326 11/6/01 DRAKE CONSTRUCTION G 101-22800 Landscaping Escrow $2,750.00 495950 10250 Karston Avenue Total DRAKE CONSTRUCTION $2,750.00 Paid Chk# 015327 11/6/01 MATT BULLOCK CONTRACTING, INC. R 201-34705 Park Dedication Fees $8,504.50 1367 Bituminus Trail -Lachman & Lamb Total MATT BULLOCK CONTRACTING, INC. $8,504.50 Paid Chk# 015328 11/6/01 MN DEPARTMENT OF REVENUE G 101-21702 State Withholding $781.53 October 2001 State Withholding Taxes Total MN DEPARTMENT OF REVENUE $781.53 Paid Chk# 015329 11/6/01 P.E.R.A G 101-21704 PERA $935.52 Pay Period 10/6/01-10/19/01 G 101-21704 PERA $19.94 Adjustment No. 3066-00 G 101-21704 PERA $10.00 Invoice 12724 G 101-21704 PERA ($44.05) Credit Memo 12575 G 101-21704 PERA ($88.10) Credit Memo 12577 Total P.E.R.A $833.31 Paid Chk# 015330 11/6/01 PETTY CASH E 101-41910-200 Office Supplies (GENERAL) $113.12 Misc supplies -replenish petty Total PETTY CASH $113.12 Paid Chk# 015331 11/6101 PREMIER BANKS G 101-21703 FICA Tax Withholding $3,562.10 October 2001 October FICA G 101-21701 Federal Withholding $1,811.17 October 2001 October Federal Withholding Total PREMIER BANKS $5,373.27 10100 Security State Bank $18,355.73 r 5ao NOTICE OF HEARING ON PROPOSED ASSESSMENT Notice is hereby given that the City Council of the City of Albertville, Minnesota, will meet at 7:15 p.m. on the 5th day of November, 2001, at the Albertville City Hall, 5975 Main Ave. N.E., Albertville, Minnesota, to pass upon the proposed assessment of costs related to the installation of traffic signals at the intersection of Wright County Highway 19 and the private drive to Outlets at Albertville. The property proposed to be assessed are: Lot 1, Block 1, Outlets at Albertville; Lot 1, Block 1, Hinks Brecht Addition; and Lot 1, Block 1, Dolphin Real Estate Addition, all in the City of Albertville. The proposed assessment roll is on file for public inspection in the City Administrator's office at City Hall. The total amount of the proposed assessment is $152,532.30. Adoption of the proposed assessment by the City Council may be taken at the hearing. Written or oral objections to the proposed assessments by any property owner will be considered at the meeting. No appeal may be taken as to the amount of the assessment unless a written objection, signed by the property owner, is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by serving written notice of the appeal upon the Mayor or City Administrator within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or City Administrator. Minnesota Statutes Section 435.193 through 435.195 authorize a municipality to defer the payment of assessments against homestead property owned by persons 65 years of age and older, or who are retired because of permanent and tbtal disability under circumstances where it would be a hardship for such person to make the assessment payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law may, within 30 days of the confirmation of the assessment, apply to the City Administrator for the prescribed form for such deferral of payment of this special assessment on said owner's property. Dated: October �, 2001 Linda Goeb City Administrator City of Albertville CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2001-27 RESOLUTION ADOPTING ASSESSMENT FOR HIGHWAY TRAFFIC SIGNAL IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the following: Installation of traffic signals at the intersection of Wright County State Aid Highway No. 19 and the outlet mall private drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday of January, 2002, and shall bear interest at a rate of 6.5% per annum from the date of this resolution until December 31, 2002. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The last such payment shall be payable in the year 2011. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 1 4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. ADOPTED by the City Council this 5th day of November, 2001. ATTEST TO: Linda Goeb, City Administrator John Olson, Mayor 2 FINAL ASSESSMENT ROLL 2000 CSAH 19 TRAFFIC SIGNAL IMPROVEMENT Albertville, Minnesota Assessment Rate - $3,891.13 per acre F Total Parcel ID No. Property Description Owner of Record Acres I Assessment 101-060-000010 Outlot A, Outlets at Albertville Burger King 1.16 $ 4,513.71 Dolphin Real Estate Addition 101-060-000020 Outlot B, Outlets at Albertville Ashley Furniture 2.56 $ 9,961.29 101-060-000030 Outlot C, Outlets at Albertville 101-060-001010 Outlets at Albertville 35.48 $ 138,057.29 Lot 1, Block 1 Outlets at Albertville Totals 39.2 $ 152,532.30 r 0 so MAU" IV WNIPM TO: Mayor and City Coun dl FROM: Thu Galmeattv Pablk Works Supemlsor DATE: November 2, 2001 SITBJRC]r: PWWIe Works/Porks Msb:teeas Report UM .:.,_ ._M._U:, - I received three quotes for.r i t for he new ballfields.h. pricing is for both compleft fields. Century Fence - $39,961-- Fall Installation $36,294 -- Spring Installation David H. Fencing - $ 40,436 Country Side Fence - $26,850 It would be good to get this fence up this fall to keep snowmobiles and other unwanted traffic off of the fields. When you decide on a contractor I would like to have a Parks meeting Beet up with the other members to discuss more details. At the City Park Shelter -- the southwest corner by the ballfields has been a spot for a lot of vandalism. Lately fires have been started there. This has been reported to the Wright County S i s Deputnent. Although this is a good spot to watch the ball games out of the weather this area could be enclosed to enlarge the meeting area of the parks building; also for additional storage. — We have been busy landscaping at the plant when the weather permits. TG:brm HriBrPB QOW#WK C: y war. R1t691 RgMNOM-FR AMrort I 1-o¢-ol Aoc rlm AdOW MEMOFlod 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 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: October 30, 2001 RE: North Albertville AUAR Albertville, Minnesota SEH No. P-ALBEV0206.00 14 Recently the City has received several development concepts for land in Albertville north of I- 94. For any of these concepts to move forward, an EAW would need to be prepared. Each EAW would study the effect the development would have on traffic and environmental impacts on the lakes. The one drawback to individual EAW's is that the big picture is not studied. With the traffic issues that the City is facing today, it is important to study the area as a whole. The process for doing this is called Alternative Urban Areawide Review Process (AUAR). In essence this is an EAW for an entire area, or in this case, the area of Albertville north of I-94. With an AUAR the City would take the lead in completing the review of the environmental issues, including traffic. The time frame for completing an AUAR is about 5 months. This is slightly longer than an EAW but much less than an EIS. The City would recover the cost of the AUAR by charging the cost back to development on a per acre basis. I do not anticipate the cost to a land developer to be anymore that what an individual EAW would cost. t Please add this item to the November 5th agenda for discussion by the Council. If the Council agrees that the AUAR process is the best way to proceed, then I will prepare a scope of work, schedule and fee for the Council to consider at the November 19th meeting. cb c: Mike Couri, City Attorney 00r-.dw Short 8W Herrdrid= hfa. • Yore TnrsW Rewm • EquA OPwo Wr* Empbyer 41 MEMOF 4d(a3) 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 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: October 29, 2001 RE: Sanitary Sewer Extension Cedar Creek South 7th Addition Albertville, Minnesota SEH No. A-ALBEV0203.00 14 On Tuesday, October 16, 2001, while installing the sanitary sewer for the above referenced project, the contractor encroached onto the property of Bob Huering without Mr. Huering's permission. It has been the city's policy to require developers to install sanitary sewer to the limits of their property. To install the sanitary sewer to the property line the contractors equipment disturbed an area approximately 30' by 50' of Mr. Huering's property. This area had just been planted with winter wheat. This was a situation that I should have recognized would require a temporary easement or at the very least, permission from Mr. Huering. I have spoken with Mr. Huering about the situation. Understandably he is upset about what occurred, and with my lack of communication with him regarding the ongoing projects along CSAH 18. I assured him that what occurred was an honest mistake and that we would restore his property to its previous condition. The disturbed area has since been restored. I am waiting for Mr. Huering's approval of the restoration and an estimate for the crop damage, which will be paid by SEH. Please call me if you have any questions. c: Mike Couri, City Attorney w:wftevX=3kokoOOsOl-m-nucrin&a« SWEllk*Hen*id=.W • Your TmdWResource • Equal Oppw u * Empbyar CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Cedar Creek South Seventh Addition THIS AGREEMENT, entered into this day of 2001 by and between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as 1,Cityll WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar Creek South Seventh Addition" and may sometimes hereinafter be referred to as the "Subject Property or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Cedar Creek South Seventh Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject Property and, further, to be financed by Developer; WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete 1 driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; and WHEREAS, the City and Developer have previously entered into a Developer's Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under which the City granted concept plan approval to the plan for the area covered by said Master Agreement; and WHEREAS, the City land Developer desire to supplement the Master Agreement with the site specific details applicable to Cedar Creek South Seventh Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Concept Plan Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") between Pilot Land Development Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master - Agreement as to the specific development issues related to Cedar Creek South Seventh Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Cedar Creek South Seventh Addition. In the event of a conflict between the terms of the 2 Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Cedar Creek South Seventh Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cedar Creek South Seventh Addition, as prepared by Meyer-Rohlin, Inc. dated September 10, 2001, with subsequent revisions, as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, stormwater ponding, and site grading. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2002 with the wear course of bituminous pavement to be installed after May 15, 2003 but before July 15, 2003. 3. Construction of On- and Off -Site Improvements. Developer shall construct all on and off site improvements including installation of boulevards, paved streets, curb and gutter, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front and side yards shall be sodded. Backyards may be seeded 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 required plantings shall survive for two full years from the time the planting has been completed or will be replaced at expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2002, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. 4. Intended Use of Subdivision Lots, Requirements. A. It is the Developer's and City's intent that twenty five single-family detached townhouse dwelling units be constructed on the lots in Said Plat, with one unit per numbered lot, all such units to be built in substantially the same location, 3 configuration and layout as shown on the attached Exhibit D. Developer agrees that it shall not construct any units other than said single-family townhouse detached dwelling units on the land in Said Plat. B. Lots located in Said Plat may have varying lengths of building separation, provided that no building separation length may be less than twelve (12) feet. C. Streets shall be private and shall be maintained by the homeowner's association. The City shall have no responsibility for the maintenance of said private streets. D. Outlot A shall remain a common area and shall be maintained by the homeowner's association and shall not be considered a buildable lot. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ $�' ZT representing the sum of 100% of the estimated cost of the Municipal Improvements ($50,000, including the private streets) 50% of the on and off -site improvements ($15,000), and J 50% of the estimated cost of the required plantings as shown in Exhibit C — ($_LLZ6aa__). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. If a bond is used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5 times the percent ge of the required surety which the bond represents. B. The CitK may draw on said letter of credit or surety to complete work not perfo ed 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 reim urse itself for costs incurred in the drafting, execution, administration or en fo ement 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 a ent 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 4 . 1 being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. 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 5 of the City that the surety be proportionately reduced for that portion of the Municipal 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 cos for processing reduction request(s) shall be billed to the Developer. Such cot 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 por ion of the Municipal Improvements or the on- and off --site improverr ents have been installed, the letter of credit or surety may be reduced b the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. As to all requests brought'under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. B. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Sanitary Sewer and Water Trunk Line Fees. A. Developer agrees that the Ci 's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pa $1,400.00 per acre in sanitary sewer trunk line fees. There are 5.4 acres in Said P at. Therefore, the Sanitary Sewer Trunk Line Fees for this plat would be $7,560 00 ($1,400.00 x 5.4 acres). However, per the agreement outlined in Parksi a P Addition Developer's Agreement, paragraph 2, pages 2-5, the developer m ill be credited $900.00 per acre for the installation of a sanitary sewer trunk line Therefore, the Developer shall be required to pay 6 I $2,700.00 ($500.00 x 5.4 acres). Developer will pay said fee prior to the release of the final plat by the City. B. Developer shall be required o pay trunk water line fees of $1,100 per acre. There are 5.4 acres in Said Plat. Therefore the water trunk line fee for Said Plat is $5,940.00 ($1,100 x 5.4 acres). Developer will pay said fee prior to the release of the final plat by the City. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit B. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in anrespect. 9. 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 legally enforceable federal, state, county or city requirements, all at Developer's expense. The City may elect to (but shall not be required to) refund to the Developer expenses incurred by Developer for machine operator time spent cleaning the dit beyond the boundaries of Said Plat. 10. Miscellaneous. A. This Contract shall run with property (or shall be recorde this Agreement). Upon the to the Developer a release di Agreement, provided the De obligations required under tl period. B. The Developer represents to county, state and federal law subdivision ordinances, zoni City determines that the plat to allow construction or dev4 complies. Upon the City's d compliance. ►e land and shall be recorded against the title to the via a short -form companion document referencing -veloper's request the City will execute and deliver hargir�o Developer's obligations under this -11oper as completed all work and met all Contract, and after expiration of the warranty ie City and rec not 7 hat Said Plat complies with all City, dations, including but not limited to, aces, and environmental regulations. If the -omply, the City may, at its option, refuse work in Said Plat until the Developer so e Developer shall cease work until there is C. Prior to the execution of this on the Subject Property, Deg and marketable title to all of title shall consist of a Title It insurance company, or an ab registered under the laws of 1 D. Developer shall not place an, opening is less than two feet ordinary high water level or any adjacent water body or v available, the elevation of thi as the estimated high water e elevation, the fill shall be a114 until the property has been al soils engineer. E. The Developer shall establis.� for this development. Said h maintenance of all common not covered with structures), in perpetuity. Said associati( content acceptable to the Cit; F. If a subdivision sign is desire South Seventh Addition dev review and approval of the ( documentation shall be prov association shall be responsi subdivision sign in perpetuit allowing the City to remove written documentation shall Attorney and filed with the G. Developer shall guarantee tb survive for two full years frc be replaced at the expense of H. Developer shall install street locations as approved by the Agreement and prior to the start of any construction :loper shall provide the City with evidence of good Subject Property. Evidence of good and marketable surance Policy or Commitment from a national title .tract of title updated by an abstract company he State of Minnesota. structure at an elevation such that the lowest grade above the highest known surface water level or ess than one foot above the 100-year flood level of etland. If sufficient data on high water levels is not line of permanent aquatic vegetation shall be used .evation. When fill is required to meet this wed to stabilize and construction shall not begin proved by the Building Inspector or a professional a homeowner's association via a recorded covenant )meowner's association shall provide for reas (including the area of the platted lots that are Streets and the exterior of all town home structures n agreements/covenants shall be in a form and Attorney. I by the Developer to identify the Cedar Creek lopment, a sign plan shall be submitted for the ty Planner. Deed restrictions or other appropriate led to identify that the private homeowners le for the maintenance of the grounds as well as the . Said documents shall also provide a clause he sign in the event that it is not maintained. The e subject to review and approval of the City 'right County Recorder's Office. I all new plantings as required by Exhibit C shall n the time the planting has been completed or will the Developer. .ights at Developer's expense of the type and in the �ity Engineer. 8 11. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, an upon completion of all construction work and certification of completion t y the City Engineer, shall dedicate all sewers and water mains to the City. Up Dn acceptance of dedication, Developer shall provide to the City "As-Builts" of al sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of aresolution to such effect by the City Council. B. Developer acknowledges that a total of .54 acres of park land (5.4 acres of land x .10) are needed under the C 's current park dedication ordinance. The Developer is not dedicating any park land with this plat. Developer shall meet its park dedication requirements through the payment of $1,500 per residential unit in this plat ($37,500, consisting of 25 residential units times $1,500 per unit), subject to offsets in favor of the Developer for excess park land dedicated in prior plats and the cost of construction of trails built by Developer at the City's direction. Developer shall make any payments due to the City under this paragraph at such time as the City directs. 12. Indemnity. Developer shall hold the City and its officers, employees and agents harmless from claims made by eveloper and Third Parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers, employees and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third arties shall have no recourse against the City under this contract. 13. Maintain Public Property Damai agrees to assume full financial i public property including but nc surface, curb, utility system inc] storm sewer when said damage during the development of Said required to repair the streets anc when occurring as a direct or in Said Plat. Developer agrees to clean the d or Cluttered During Construction. Developer -ponsibility for any damage which may occur to limited to streets, street sub- base, base, bituminous ling but not limited to watermain, sanitary sewer or ,curs as a result of the activity which takes place [at. The Developer fin-thher agrees to pay all costs ►r utility systems damaged or cluttered with debris rect result of the construction that takes place in on a daily basis. Developer further agrees that 0 any damage to public property caused by Developer, its agents or employees, will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property caused by Developer, its agents or employees, will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean a :streets or repair or maintain said public property, the City may undertake gr causing it to be cleaned up, repaired or maintained. When the City un eres such activity, the Developer shall reimburse the City for all of its expenses 'thin thirty (30) days of its billing to the Developer. If the Developer fails to pay aid bill within thirty (30) days, then the City may specially assess such costs ag ' st the lots within Said Plat and/or take necessary legal action to recover such c sts and the Developer agrees that the City shall be entitled to attorneys fees incu red by the City as a result of such legal action. Developer knowingly and vo untarily waives all rights to appeal said special assessments under Minnesota S tutes section 429.081. 14. Wastewater Treatment Plant Ez a < right to allocate wastewater trealn interests of the public health, s , �---� agrees that the City is currently in plant capacity. Developer forth availability of wastewater treatme within Said Plat and that such del; t'Aat issuance of building permits for 4 l 15. Assignment of Contract. The obli assigned by the Developer. Hov rc obligations under this Contract Council through Council resolu c 15. Agreement Effect. This representatives, heirs, succe asion. The Albertville City Council reserves the tent capacity in a manner it fmds to be in the best y and welfare. Developer acknowledges and the process of expanding its wastewater treatment acknowledges and agrees that delay in the A plant capacity may occur for some lots located ry in capacity availability may also delay the ►me lots within Said Plat. ions of the Developer under this Contract may be ,er, the Developer shall not be released from its lout the express written consent of the City' .ment shall be binding upon and extend to the and assigns of the parties hereto. 10 CITY OF ALBERTVILLE, By Its Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was a 2001, by Johr Minnesota municipal corporation, on b City Council. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was a 2001, by Lind Minnesota municipal corporation, on bE City Council. By Its Clerk PILOT LAND DEVELOPMENT COMPANY, INC. By Kent Roessler Its President cknowledged before me this day of � Olson, as Mayor of the City of Albertville, a -half of the city and pursuant to the authority of the Notary Public Anowledged before me this day of a Goeb, as Clerk of the City of Albertville, a .half of the city and pursuant to the authority of the Notary Public 11 i f STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was 2001, by Ken Company, Inc. DRAFTED BY: Couri & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 612 97-1930 acknowledged before 'me this day of Roessler, as President of Pilot Land Development Notary Public 12 EXHIBIT A TOT EVELOPER'S AGREEMENT The Real Property subject to the Dei eloper's Agreement is legally described as follows (after the filing of the Cedar Creek Sou h Seventh Addition Plat): Lots 1-25, Block 1 Outlot A All said property in Cedar Creek South Seventh Addition, City of Albertville, County of Wright, Minnesota. Y 1� { BN.T FUNCE / r �jn arMraw• t �- IF rrsn,u rorwww asrs a4wew �_ '11!_ OYf.tir �� �`^ 9PMtS41'[a RCf M e — �. a ,.. s... «,..�..,. A-RCNLIN, INC. " - uwao suwvsvar�s -� '•••" OMAR OREAK SOWN M4 . M77ON ke srwrr • uncrrr srxeovaiistir vwusor +mB r OCT. 1 1. (2001 1: 56PM VE4�0 � •'' � "'�' �•-it � &ct ts, ' N0.420 P.2"16 artwr asfrsw +crea.Lc f)) _ 'Ha rats � = m t�� „••"-._. Y� :. 1 •_^__ a ` ' W .. ` � .- _. 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V4• = r-o- IAPM 31 GARAGE HOUSE a � i w'� � o rr n,e xrrwow .s„s e.>,ara Y el.t0 S ae•� —"•9wga GARAGE VM � � A Na• Y .°'-_s's«n aeu ai. -CUB I Ca?RAC:S.:�-C"iU8_. ?OUNCA-toH ( .� Vv '�° .m � i aa.oaai°e•°iSr a+es:s w— a••"t —�m:ao°wo' 7 aj '_C0.!==:7 COX n.ET.—`';L as It BAR?G8 P..UNCA" fON° ��C:.aBi v:• :T-�'S�� r sae , „e,a,e CITY OF ALBERTVILLE RESOLUTION #2001-25 A RESOLUTION APPaINTING JON SUTHERLAND TO THE POSITIONOF BUILDING OFFICIAL WHEREAS, the City Co ncil of the City of Albertville is desirous of hiring a qualified individual for the position of building official; and WHEREAS, advertiseme is seeking applicants for the position were placed, all applications were screened, interviews with two of the most qualified applicants were conducted, and each candidate was rated. NOW, THEREFORE, B IT RESOLVED, the City Council of the City of Albertville hereby approves hi ' g Jon Sutherland for the position of Building Official effective November 11 20 1, with the following terms of employment: 1. The starting wage for or $61,500 annually. 2. Five days of vacation remainder of calendar may be carried over to 3. On January 1, 2002, tl days of vacation leave. 4. The building official days as leave without I 5. The building official w City employees, inclu sick leave, compensa insurance, and a $2010( ADOPTED BY THE CITY THIS 5th DAY OF NOVEl1 building official position is $29.58 per hour, -ill be granted to the building official for the ar 2001. These vacation days may be taken or ar 2002. building official will accrue an additional five 1 have the option of taking an additional five during the year 2002. receive all other benefits provided to full-time 1g PERA, FICA, Workers' Comp insurance, y time off, full -family medical and dental life insurance policy. 1CIL OF THE CITY OF ALBERTVILLE 2001. John A. Olson, Mayor Linda Goeb, Administrator -Clerk