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2001-12-03 CC PacketALBERTVILLE CITY COUNCIL AGENDA December 3, 2001 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES (a) November 19, 2001, City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 15461—15490) (b) Approve contract for 2001 audit report with KDV (c) Approve 2001 Fire Protection Agreements ■ City of Otsego ■ City of St. Michael (a) Resolution #2001-29 (A Resolution Approving Wright County's Request to Renumber CSAH 35 within the City of Albertville to CSAH 18 5. SPECIAL PRESENTATION - 7:45 PM ■ Heidi Peper, Economic Development Partnership — Wright County 2001 Labor Force Assessment 6. DEPARTMENT BUSINESS a. Fire Department ■ None b. Public Works (1) Report on Workers Comp injury to Michael Jenkins c. Planning & Zoning (1) Life in Christ Church Construction — Temporary Structures (2) Albertville Plaza Lighting (3) Albert Villas 5t" Addition Final Plat (4) Consider scheduling a joint meeting with the Planning & Zoning Commission on Tuesday, January 8, 2002 City Council Agenda December 3, 2001 Page 2 of 2 d. Engineering (1) Authorization to bid Savitski Lift Station (2) Approve Withdrawal of Wetland Credits from the Minnesota Wetland Bank — Albertville Crossings Development (3) Discuss traffic modeling for major intersections and North Albertville AUAR e. Legal (1) Amendment to Master Planned Unit Development Agreement for Towne Lakes (2) Conditional Use Permit/Planned Unit Development Agreement for Albert Villas 5`h Addition f. Administration (1) Consider closing City Offices on Monday, December 24`h for Christmas g. Closed Session ■ Peterson Trial 7. ADJOURNMENT ALBERTVILLE CITY COUNCIL AGENDA December 3, 2001 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) November 19, 2001, City Council Meeting 3. CITIZEN FORUM — qo Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 15461—15490) (b) Approve contract for 2001 audit report with KDV (c) Approve 2001 Fire Protection Agreements ■ City of Otsego ■ City of St. Michael (d) Resolution #2001-29 (A Resolution Approving Wright County's Request to Renumber CSAH 35 Within the City of Albertville to CSAH 18 5. SPECIAL PRESENTATION — 7:45 PM W'Yl Heidi Peper, Economic Development Partnership —Wright County 2001 Labor Force Assessment 6. DEPARTMENT BUSINESS a. Fire Department ■ None • /l%v" r b. Public Works (1) Report on Workers Comp injury to Michael Jenkins c. MITIVirZfy XT Zn"iwr (1) Life in Christ Church Construction — Temporary Structures (2) Albertville Plaza Lighting (3) Albert Villas 5`h Addition Final Plat f A. 4utlll� (4) Consider scheduling a joint meeting with the Planning & Zoning Commission on Tuesday, January 8, 2002 -Ok d. Engineering IN " �6, 15 (1) Authorization to bid Savitski Lift Station City Council Agenda November 19, 2001 Page 2 of 2 (2) Approve Withdrawal of Wetland Credits from the Minnesota Wetland Bank — 2S Albertville Crossings Development g, Yf j io (3) Discuss traffic modeling for major intersections and North Albertville AUAR e. Legal (1) Amendment to Master Planned Unit Development Agreement for Towne Lakes (2) Conditional Use Permit/Planned Unit Development Agreement for Albert Villas 5th Addition f. Administration (1) Consider closing City Offices on Monday, December 24`h for Christmas (Z ) /�� /ck g. Closed Session (3) 0� 4,�A2(4- A . -� �s ■ Peterson Trial 7. ADJOURNMENT ALBERTVILLE CITY COUNCIL November 19, 2001 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Scott Wallace, and John Vetsch, City Attorney Mike Couri, City Engineer Pete Carlson 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 5e(2) Lighting issues at Albertville Plaza ■ Add Item 5f(1) County Road 18 Vetsch made a motion to adopt the agenda as amend. Wallace seconded the motion. All voted aye. Berning made a motion to approve the minutes of the November 5, 2001, meeting as presented. Wallace seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. David Schroeder and Steve Klitzka, representing the Life in Christ Lutheran Church, explained to the Council that an addition is being planned for the church. In an effort to save money, a group of near volunteer laborers called Laborers in Christ will do some of the carpentry work on the new addition. The laborers stay on the job site in private RV's during the construction period. Schroeder requested that City Council allow parking for seven RV's on the church site from approximately May to mid -October. The church will construct a sanitary sewer line to service the RV's and will remove the line after the RV's are gone. City Planner Al Brixius stated that he has worked with the Laborers in Christ group in another locality and he was directed to prepare a report for the Council to review. The consensus of the Council is to allow the requested parking but wish to review the parking situation. Ray Fredericks addressed the Council regarding the illuminated sign and the parking lot lights in the Albertville Plaza. The Council advised Fredericks that the administrator has sent a notice to comply with the hours of illumination as detailed in the City's Sign Ordinance. Discussion of the lights in the parking lot will be discussed under Planning & Zoning. Berning requested that Check #'s 15424, 15434, and 15440 be removed from the Consent Agenda and placed under Administration. Wallace made a motion to approve payment of check #'s 15403 — 15423, #'s15425 — 15433, and #'s 15435 — 15440 as presented. Berning seconded the motion. All voted aye. Albertville City Council Minutes November 19, 2001 Page 2 of 3 Wallace made a motion to approve a reduction in the Letter of Credit for Kollville Estates to $27,500. Berning seconded the motion. All voted aye. Wallace made a motion to approve a reduction in the Letter of Credit for Cedar Creek South 6ch Addition to $11,000. Berning seconded the motion. All voted aye. Wallace made a motion to approve a reduction in the Letter of Credit for Albert Villas P Addition to $93,000. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the request from Paul Schumacher of the Albert Villains to purchase cement blocks for the dugouts at the new ball field in an amount not to exceed $800, plus tax. Wallace seconded the motion. All voted aye. Diane Vinge, owner of L & D Trucking, explained that during the winter when the hockey arena is being used, her driveway and her parking lot are being used for parking. She has put up "No Parking" signs on her property but they have been removed. She requested that the City install "No Parking" signs on both sides of Lachman Avenue. She also explained that when cars park on the street, her drivers have difficulty turning into her property. Berning made a motion to install "No Parking" on both sides of the Lachman Avenue and to encourage hockey patrons to use the Barthel Bus Garage for overflow parking, as Don Barthel agreed to allow when the arena was planned. Wallace seconded the motion. All voted aye. Wallace made a motion to accept the WWTF Report as presented. Berning seconded the motion. All voted aye. Jay Libracki, Paul Zivalich, and Milda Hedblom, representing CPDC, developer of the Towne Lakes project, explained the Fiber To The Home concept being developed for that neighborhood. The homes in the neighborhood will have the option of subscribing to telephone service, high speed internet and cable television through fiber optic connections. The telephone service and the DSL lines will be available, but the developer is petitioning the City Council for a cable franchise. City Attorney Couri reviewed the necessary steps for the Council to take action on the request for a cable franchise. Berning made a motion to approve RESOLUTION #2001-26 titled RESOLUTION ACCEPTING PETITION FOR CABLE FRANCHISE AND UTHORIZING NOTICE OF INTENT TO CONSIDER ISSUANCE OF A CABLE FRANCHISE. Wallace seconded the motion. Berning, Wallace and Olson voted aye. Vetsch voted no. The motion carried. The Council directed staff to review the parking lot lighting situation at Albertville Plaza and make a recommendation to the City Council. Albertville City Council Minutes November 19, 2001 Page 3 of 3 City Planner Al Brixius reviewed the application for site plan and amended PUD for CPDC with the Council. The amended PUD will allow construction of a 12' X 26' on the north end of the property owned and maintained by the homeowners association and will utilize the parking lot that has been construct4ed for the sales center and pool building. It will be tied into the overall site design with sidewalk/patio areas and landscaping. Wallace made a motion to adopt the Findings of Fact & Decision allowing construction of a utility building on the lot where the pool and related buildings will be constructed. Berning seconded the motion. Wallace, Berning, and Olson voted aye. Vetsch voted no. The motion carried. The Council directed City Engineer Pete Carlson to discuss the possibility of extending the trail along CSAH 18 to the edge of the city limits. The Council scheduled a meeting to discuss traffic concerns with local businesses and Wright County for Wednesday,19, 2001, at 7:00 PM. Wallace made a motion to adopt RESOLUTION #2001-28 titled A RESOLUTION CERTIFYING UNCOLLECTED UTILITY BILLS TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES. Berning seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 15424, 15434, and 15440 as presented. Vetsch seconded the motion. All voted aye. aye. Berning made a motion to adjourn at 9:10 PM. Wallace seconded the motion. All voted John A. Olson, Mayor Linda Goeb, City Administrator y CITY OF ALBERTVILLE W T *Check Detail Register© December 2001 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 015461 1213/01 ACTION RADIO & COMMUNICATIONS E 101-42000-586 C/O - Pagers $36.21 7118 case nylon pager large Total ACTION RADIO & COMMUNICATIONS $36.21 Paid Chk# 015462 12/3/01 AFFORDABLE SANITATION, INC E 101-45100-415 Other Equipment Rentals $79.30 111018 Rental - Portable Biffs Total AFFORDABLE SANITATION, INC $79.30 Paid Chk# 015463 12/3/01 CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $21.28 51185 Name plates Total CHOUINARD OFFICE PRODUCTS $21.28 Paid Chk# 015464 12/3101 COUNTRYSIDE FENCE E 201-45200-520 Buildings and Structures $13,850.00 Payment No. 2 Second Half - Ballfield Fence Total COUNTRYSIDE FENCE $13,850.00 Paid Chk# 015465 1213101 DELTA DENTAL E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health E 101-43100-130 Employer Paid Ins (GENERAL) E 101-41300-131 Employer Paid Health E 602-49400-130 Employer Paid Ins (GENERAL) E 601-49450-130 Employer Paid Ins (GENERAL) Total DELTA DENTAL $55.99 December 200 Dental - Tim/Mike $89.56 December 200 Dental - B/M $55.99 December 200 Dental - Ken/Mike $44.78 December 200 Dental - Linda $33.59 December 200 Dental - John/Mike $33.59 December 200 Dental - John/Mike Zodi s.ou Paid Chk# 015466 1213/01 ESCHELON TELECOM, INC. E 101-41940-321 Telephone $44.90 December 200 Phone - CH-intemet Total ESCHELON TELECOM, INC. $44.90 Paid Chk# 015467 12/3/01 GRANITE ELECTRONICS E 601-49450-580 Other Equipment $1,660.41 409613 Towne Lakes Lift Station E 602-49400-582 C/O - Misc. Equipment $1,660.42 409613 Towne Lakes Lift Station Total GRANITE ELECTRONICS $3,320.83 Paid Chk# 015468 12/3/01 HOGLUND BUS COMPANY E 101-43100-404 Repair/Maint - Machinery/Equip $555.91 47054 Repair of Vehicle Total HOGLUND BUS COMPANY $555.91 Paid Chk# 015469 12/3/01 KENNEDY & GRAVEN E 456-49000-310 Other Professional Services $845.72 40025 Competitive Franchise Total KENNEDY & GRAVEN $845.72 Paid Chk# 015470 12/3/01 L.M.C.I.T. E 601-49450-151 Worker's Comp Insurance Prem E 101-42000-150 Worker's Comp (GENERAL) E 101-43100-151 Worker's Comp Insurance Prem E 101-45100-151 Worker's Comp Insurance Prem E 101-41400-151 Worker's Comp Insurance Prem E 101-41100-151 Worker's Comp Insurance Prem E 602-49400-151 Worker's Comp Insurance Prem Total L.M.C.I.T Paid Chk# 015471 12/3/01 LARSON PUBLICATIONS $360.13 02-000313-17 $2,008.10 02-000313-17 $1,400.00 02-000313-17 $930.88 02-000313-17 $301.00 02-000313-17 $45.76 02-000313-17 $360.13 02-000313-17 $5.406.00 Waterworks (Sewer) Fire Department PW Streets Maintenance Parks Maintenance Clerical Elected Officials Waterworks (Water) E 101-41100-351 Legal Notices Publishing $148.82 November 200 Legal Notices Total LARSON PUBLICATIONS $148.82 Paid Chk# 015472 1213/01 MEDICA ' CITY OF ALBERTVILLE 11/30/01 12:16 PM Page 2 *Check Detail Register© December 2001 Check Amt Invoice Comment E 101-43100-130 Employer Paid Ins (GENERAL) $765.51 December 200 Medical - Ken/Mike E 101-45100-130 Employer Paid Ins (GENERAL) $765.51 December 200 Medical - Tim/Mike E 101-41300-131 Employer Paid Health $596.31 December 200 Medical - Linda E 601-49450-130 Employer Paid Ins (GENERAL) $426.86 December 200 Medical - John/Mike E 601-49450-130 Employer Paid Ins (GENERAL) $426.86 December 200 Medical - John/Mike E 101-41400-131 Employer Paid Health $1,264.79 December 200 Medical - B/M Total MEDICA $4,245.84 Paid Chk# 015473 1213/01 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $129.00 122588 Testing Expense E 601.49450-218 Testing Expenses $129.00 122695 Testing Expense Total MIDWEST ANALYTICAL SERVICES $258.00 Paid Chk# 515474 12/3/01 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $114.40 101830 Copy Machine Maintenance Total MINNESOTA COPY SYSTEMS $114.40 Paid Chk# 015475 12/3/01 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $396.00 6856 Animal Control Sery Total MONTICELLO ANIMAL CONTROL $396.00 Paid Chk# 015476 12/3/01 NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $12.00 December 200 Insurance Premium-LG G 101-21710 Other Deducations $12.00 December 200 insurance Premium-MH Total NCPER S GROUP LIFE INSURANCE $24.00 Paid Chk# 015477 12/3/01 NEWMAN TRAFFIC SIGNS E 101-43100-226 Sign Repair Materials $92.31 TI-0077206 Street Signs Total NEWMAN TRAFFIC SIGNS $92.31 Paid Chk# 015478 1213/01 NEXTEL COMMUNICATIONS E 101-45100-323 Nextel Radio Units E 101-42000-321 Telephone E 101-43100-323 Nextel Radio Units E 602-49400-323 Nextel Radio Units E 601-49450-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-41910-200 Office Supplies (GENERAL) E 101-41400-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS $47.04 November 200 Two-way/cell-Parks $39.99 November 200 Two-way cell - Fire $47.04 November 200 Two-way/cell-PW $47.04 November 200 Two-way/cell-Water $47.04 November 200 Two-way/cell-WWTF $94.08 November 200 Two-way/cell-CH $110.96 November 200 Bldg Inspec. 2-way Cell $47.04 November 200 Two-way/cell-Inspet $480.23 Paid Chk# 015479 1213/01 NORTHERN TOOL & EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $204.12 19332946 Misc.-Parts for Equip. Repair Total NORTHERN TOOL & EQUIPMENT $204.12 Paid Chk# 015480 1213/01 OFFICE MAX E 602-49400-210 Operating Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41910-200 Office Supplies (GENERAL) Total OFFICE MAX Paid Chk# 015481 12/3/01 OMANN BROTHERS $17.99 Water -General Supplies $248.10 CH - Office Supplies $602.57 Bldg Dept - Office Supplies $868.66 E 447-49000-310 Other Professional Services $1,580.00 4244 Patching 57th Street Total OMANN BROTHERS $1,580.00 Paid Chk# 015482 1213/01 POSTMASTER E 602-49400-322 Postage $146.68 4th Qtr. Meter Postage - Meter Cards E 601-49450-322 Postage $146.69 4th Qtr. Meter Postage - Meter Cards CITY OF ALBERTVILLE 11/30/01 12:16 PM Page 3 *Check Detail Register© December 2001 Check Amt Invoice Comment Total POSTMASTER $293.37 Paid Chk# 015483 1213/01 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $25.48 285883 Security - Fire Hall E 101-45100-405 Repair/Maint -Buildings $25.48 285883 Security - Park Shelter Total SENTRY SYSTEMS, INC. $50.96 Paid Chk# 015484 1213/01 SPRINT E 101-41940-321 Telephone $5.87 Phone - CH3 E 101-41940-321 Telephone $38.07 Phone - CH2 Total SPRINT $43.94 Paid Chk# 015485 12/3/01 SPRINT-UTS E 101-42000-321 Telephone $44.01 Phone - FD-Main E 101-45100-321 Telephone $27.08 Phone - Park Shelter E 101-41940-321 Telephone $67.68 Phone CH - Main E 101-41940-321 Telephone $125.23 Phone - tax/surcharge E 101-41940-321 Telephone $53.06 Phone - CH2 E 101-41940-321 Telephone $51.06 Phone - CH3 E 101-42000-321 Telephone $44.01 Phone - FD-Fax E 101-43100-321 Telephone $42.15 Phone - PW Fax E 101-43100-321 Telephone $42.15 Phone - PW E 101-41940-321 Telephone $42.15 Phone - CH -Internet E 601-49450-321 Telephone $33.52 Phone - WWTF E 101-41940-321 Telephone $42.15 Phone - CH -Fax Total SPRINT-UTS $614.25 Paid Chk# 015486 12/3/01 SUNRISE PLUMBING E 601-49450-405 Repair/Maint - Buildings $35.00 6578 Repair/Mntc - WWTF Total SUNRISE PLUMBING $35.00 Paid Chk# 015487 12/3/01 T & S TRUCKING E 101-43100-227 Street Sweeping $377.00 1014 6.5 Hrs. Street Sweeping (1117 Total T & S TRUCKING $377.00 Paid Chk# 015488 12/3/01 VERIZON E 101-42000-321 Telephone $13.17 November 200 Cellular Phone -Fire Total VERIZON $13.17 Paid Chk# 015489 12/3101 WRIGHT COUNTY ASSESSOR E 101-41400-200 Office Supplies (GENERAL) $20.00 2001 Net Tax Capacity - Map Total WRIGHT COUNTY ASSESSOR $20.00 Paid Chk# 015490 1213/01 WRIGHT HENNEPIN ELECTRIC E 101-43160-381 E 101-43160-381 E 101-43160-381 E 101-43160-381 Total FILTER: None Electric Utilities $23.33 Electric Utilities $7.08 Electric Utilities $7.08 Electric Utilities $8.86 WRIGHT HENNEPIN ELECTRIC $46.35 10100 Security State Bank $34,380.07 Lighting- LaBeaux Avenue Lighting- 58th & MacKenzie Lighting- 59th & MacKenzie Lighting- 60th & MacKenzie Kern, DeWenter, Were, W. 4,6 A Certified Public Accountants November 28, 2001 Ms. Linda Goeb City of Albertville P.O. Box 9 Albertville, MN 55301 Dear Ms. Goeb: We are pleased to confirm our understanding of the services we are to provide to the City of Albertville for the year ending December 31, 2001. We will audit the general purpose financial statements of the City of Albertville as of and for the year ending December 31, 2001. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the general purpose financial statements: Combining, and Individual Fund Financial Statements Schedule of Expenditures of Federal Awards, if applicable Supplementary Information, except as listed below The document will also include the following additional information that will not be subjected to the auditing procedures applied in our audit of the general purpose financial statements, and for which our accountant's report will disclaim an opinion: General Fixed Asset Account Group Audit Objectives The objective of our audit is the expression of an opinion as to whether the general purpose financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the general purpose financial statements taken as a whole. The objective also includes reporting on: • Internal control related to the financial statements and compliance with laws, regulations, and provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs, and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in 7100 Northland Circle No., Suite 119 220 Park Avenue South, P.O. Box 1304 Minneapolis, MN 55428-1500 St. Cloud, MN 56302 763-537-3011 • Fax: 763-537-9682 320-251-7010 • Fax: 320-251-1784 www.kdv.com City of Albertville November 28, 2001 2 accordance with the Single Audit Act Amendments of 1996 and OMB Circular A- 133, Audits of States, Local Governments, and Non -Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass -through entities. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; provisions of OMB Circular A-133; and provisions of the Minnesota Legal Compliance Audit Guide for Local Governments, and will include tests of the accounting records, a determination of major programs(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the general purpose financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with the provisions of contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose financial statements in accordance with accounting principles generally accepted in the United States of America, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the general purpose financial statements taken as a whole. Additionally, as required by OMB Circular A-133, it is management's responsibility to c. City of Albertville November 28, 2001 3 follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review during fieldwork. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amount and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include test of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, fraud, other illegal acts, or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the general purpose financial statements or to major programs. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City's general purpose financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. Tests of controls relative to the general purpose financial City of Albertville November 28, 2001 4 statements are required only if control risk is assessed Ibelow ess the t maximum rendean level. opininon tests, if performed, will be less in scope than would be necessary internal control and, accordingly, no opinion itinw 11 be expressed in our report on internal control issued pursuant to Governg te As roperation equired by OMB Circular A-133perform tests o consider rntrols elevto aantdto effectiveness of the design and per t on ofcontrols that we preventing or detecting material noncompliance with compliance requirements, applicable to each major federal award programs. wHoweveron hose coour tests ntrols and accol be less in rdingly, Jingly, no scope than would be necessary to ropinion opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance p al control or to or audit identify ify ee ortof aany ble conditions. However, we will inform he governing body matters involving internal control hdedib owe ��Caan Inst tuteconsider of Certfled Publ c ortable conditions under standards establi yto Accountants. Reportable conditions involve matters of the uiternal control thatto our attention , our significant deficiencies in.the design operation process, summarize, and judgment, could adversely affect he entity's ability to record, p report financial data consistent with he assertions of management ent in a genera oruoth e financial statements. We will also inform you of any ep matters involving internal control, if any, as required by OMB Circular A-133. Audit Procedures — Compliance Our audit willbe conducted in accordancewith e�assurance referredds about whetherto in the tthe titled Audit Objectives. As part of obtaining reasonable general purpose financial statements are free of mable lawsandregulations and the proment, we visions of tests of the City's compliance wih applicable contracts and agreements, including grant agreements. However, the objective of those and we wil not procedures will not be to provide n opinion compliance issued purveraasce uant to Governlment express such an opinion in our rep Auditing Standards. e audit to obtain reasonable OMB Circular A-133 requires that we plan and perform thlicable laws and regulations assurance about whether the auditee has complied with pp and the provisions of contracts and grant agreementss described in he OMB or programs. ular AAr- procedures will consist of the applicableprocedure 133 Compliance Supplement for he types of compliance requirements that could have a direct and material effect of each of the City's major programs. The purpose of those procedures will be to express an opinion on he City'lianceps ued pursuantuto OMB applicable to mayor programs in our report on comp Circular A-133. Audit Administration, Fees and Other We understand that your employees will prepare all selected ounus for receivablt nge, or other confirmations we request and will locate any y City of Albertville November 28, 2001 5 At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass -through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The workpapers for this engagement are the property of Kern, DeWenter, Viere, Ltd. and constitute confidential information. However, we may be requested to make certain workpapers available to certain cognizant or grantor agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of our firm's personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to the cognizant or grantor agency. The cognizant or grantor agency may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. The workpapers for this engagement will be retained for a minimum of three years after the date the auditors' report is issued or for any additional period requested by the cognizant agency, oversight agency for audit, or pass -through entity. If we are aware that a federal awarding agency, pass -through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the workpapers. Our fee for these services will be at our standard hourly rates except that we agree that our gross fee will not exceed $ 9,300. Our fees may be billed as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City of Albertville and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, KERN, DEWENTER, VIERS, LTD. Jennifer Thienes Certified Public Accountant City of Albertville November 28, 2001 6 RESPONSE: This letter correctly sets forth the understanding of the City of Albertville. By: Title: Date: ye, Revised 11/17/01 2001 NET TAX CAPACITY FOR THE ALBERTVILLE FIRE DISTRICT 2002 CONTRACT YEAR CITY OF OTSEGO $4019567 CITY OF ST. MICHAEL $4079291 CITY OF ALBERTVILLE $2,641,189 TOTAL NET TAX CAPACITY $394509047 2002 FIRE BUDGET $175,356 2001 STATE FIRE AID (199,934) TOTAL COSTS ALLOCATED $1559422 TAX PERCENT OF PORTION OF COST CAPACITY TOTAL VALUE ALLOCATED ALBERTVILLE $296419189 75.55% $1189,983.56 OTSEGO $401,567 11.63% $189090.29 ST. MICHAEL $4079291 11.81 % $189348.15 2002 FIRE CONTRACT ALLOCATIONS !' Revised 1112 7/01 2002 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in St. Michael, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2002. 2. Otsego shall agree to pay Albertville $18,090.29 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2002 shall be made in two installments of $9,045.14 on or before July 1, 2002, and $9,045.15 on or before December 31, 2002. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting C:\My DocumentsTire Dept InfoTire Service Contract - Otsego.doc I pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre-existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville Fire Department at the time the call from Otsego is received. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both, are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by the Chief or his Deputy. CAMy DocumentsTire Dept InfoTire Service Contract - Otsego.doc 2 d IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 92001. CITY OF ALBERTVILLE By: John A. Olson, Mayor ATTEST: Linda Goeb, City Clerk CITY OF OTSEGO By Larry Fournier, Mayor City Administrator CAMy DocumentsTire Dept InfoTire Service Contract - Otsego.doc 3 0 Revised 11127101 2002 FIRE PROTECTION AGREEMENT WITH THE CITY OF ST. MICHAEL This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of St. Michael, a municipal corporation of the County of Wright in the State of Minnesota. WHEREAS, St. Michael desires the services of the fire department of Albertville in case of fires occurring in St. Michael, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in St. Michael, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in St. Michael. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2002. 2. St. Michael shall agree to pay Albertville $18,348.15 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2002 shall be made in two installments of $9,174.08 on or before July 1, 2002, and $9,174.07 on or before December 31, 2002. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. CAMy DocumentsTire Dept InfoTire Service Contract - St. Michael.doc 1 Yc( CITY OF ALBERTVILLE RESOLUTION # 2001-29 A RESOLUTION APPROVING WRIGHT COUNTY'S REQUEST TO RENUMBER CSAH 35 WITHIN THE CITY OF ALBERT VILLE TO CSAH 18 WHEREAS, the Wright County Highway Department has recommended that Wright County CSAH 35 within the city limits of Albertville be renumbered as a continuation of CSAH 18; and WHEREAS, the City of Albertville does not use CSAH 35 in its addressing system but rather uses Main Avenue NE and 500' Street NE to specify addresses along Wright County CSAH 35. NOW, THEREFORE, BE IT RESOLVED that the City of Albertville, Wright County, Minnesota, has no objection to the renumbering of CSAH 35 within the City of Albertville to CSAH 18. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3rd DAY OF DECEMBER, 2001. John Olson, Mayor ATTEST: Linda Goeb, City Clerk November 28, 2001 On Tuesday, November 27, 2001, about 11:00 am. I was running the bobcat to help Jon Sutherland and Mike Jenkins get Jon's pickup unstuck. I was pushing snow away from driver's side while Jon was in the truck and Mike was standing by the driver's door. I backer]: up after going ahead a few feet and saw Mike fall down out of the corner of my eye. I stopped and yelled, "What's wrong?" He didn't answer so I got out and asked him again, "What's wrong?" He finally said I ran over his foot with the bobcat. He said he started to walls away and just forgot about me but, also, didn't hear the backup bells. (They were working.) I looked when I started to backup, and Mike was alongside of the truck. We did have a rearview mirror in the bobcat, but it had been removed a couple of weeks ago. Ken Lindsay I .{ al I • w First Report of injury acraa.>wrat�e..aoe suirAnol, Immow"akt1ypwoft 06'0204M m"Umm"«+wwin "NW&L zza6 I-.9m,8 r Am. AIE czarr.C7 M R A/� alaP'Yll�1 "M 1a. T ?w f4w. - - (� f , ' �'• 1a.1Mwt b tNs valve d M�M.E: ,f• it/' A �/ t awrMc Pam or 10. IN,IAC� �Op+da Ad Mleww) ff my - P0 81,/C WOAXS ��- dwnr bsttin.; f I �'7 a not�ad of ,y Jf a 7 Ak6&P-TY/1.1-491 MAJ Srs4 f 2L ar of dn*. on �' ► ll.d0 Q ,.........w ..wwrw w ww" w mnw m a.=%-w alowq 1 F,R,4d 70R€Z 4&Kz— - as i # T • < * J PI • 1 ,. . ' r '� I r •w }4 �i�il�►Q1•�RlIOIIMI.11C OMYaltiw/Mr%IMOYyMMa11NY1'OrnlpyimphNiut{l�MiMww} "GIRT"WaST ASSOCIATIto CoNSUILTA114 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile:952.595.9837 planners@nacplanning.com MEMORANDUM TO: Linda Goeb FROM: Alan Brixius DATE: November 21, 2001 RE: Albertville - Life in Christ Church Construction FILE NO: 163.05 - General At the November 19, 2001 Council meeting, representatives of Life in Christ Church asked the City Council if they may allow for the temporary parking of recreational vehicles at the church's construction site on the corner of 50th and Main Street. The recreational vehicles would house volunteer workers who would work for minimum wage to construct the church. I faced the same request in the City of Lakeville in the early 1990s. The City chose to accommodate the church's request, but their Zoning Ordinance prohibited the use of recreational vehicles as residences except in campgrounds. To accommodate the request and distinguish this use from other less desirable applications, the attached Zoning Ordinance was adopted by the City of Lakeville. The important features of this ordinance include: 1. Limit the use of the temporary structure to construction projects. 2. The temporary use is an administrative permit approved by staff. 3. A specific time frame runs with permit. 4. The ordinance outlines performance standards for the issues that were a concern for the City Council (i.e., setbacks, site security, utility availability). Section 1000.2(a) of the Albertville Zoning Ordinance prevents the use of a travel trailer as a permanent or temporary living quarters within the City. If the City is inclined to accommodate the church's request, we would suggest amending the City's ordinance to include the attached Lakeville zoning language. pc: Michael Couri i SECTION: 11-28-1: 11-28-3: 11-28-5: C?? CHAPTER 28 TEMPORARY STRUCTURES Purpose Procedure Special Requirements 11-28-5 11-28-1: PURPOSE: The purpose of this Chapter is to provide for the erection of temporary structures (not including model homes/ temporary real estate offices or temporary classroom structures for use by a public or private institution) needed for emergency purposes or for temporary use during the construction of a permanent structure. (Ord. 674, sec. 1, 7-17-2000) 11-28-3: PROCEDURE: The erection of a temporary structure shall require an administrative permit, as may be issued by the Zoning Administrator, except as otherwise provided by this Title. (Ord. 674, sec. 1, 7-17-2000) 11-28-5: SPECIAL REQUIREMENTS: A. Structures: Temporary structures governed by this Chapter shall be allowed in all zoning districts. B. Site Plan Required: No administrative permit shall be issued for a temporary structure unless a site plan pursuant to Chapter 9 of this Title has also been approved if applicable, or unless a building permit has been issued for a new structure, addition or remodeling of an existing structure on the property. C. Termination Of Permit: The administrative permit shall terminate nine (9) months from its date of issuance, or within thirty (30) days after a certificate of occupancy has been issued by the Building Official for November 2000 City of Lakeville 11-28-5 the permanent structure, whichever occurs first, unless a different time schedule is approved as part of the permit. The permit may be extended for an additional ninety (90) days by the Zoning Administrator. D. Setback: Temporary structures may be placed in a required building setback area, provided that no such structure may be placed within thirty feet (30) of a public right of way or obstruct visibility at any street intersection or driveway access. E. State Building Code: All applicable requirements of the State Building Code shall be met. F. Water And Sewer: Provisions for water and sewer servicing the temporary structures shall be subject to the review and approval of ' the Building Official. G. Security Measures: Security measures such as lighting shall be implemented subject to the review and approval of the Zoning Administrator. H. Parking: Subject to the provisions of Chapter 19 of this Title. 1. Signage: Subject to the provisions of Chapter 23 of this Title. (Ord. 674, sec. 1, 7-17-2000) City of Lakeville 114o0x11141WIST ASSOCIAxRID towsul.xas 4 CCU, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com 'ITii4►TL�:_► ►i TO: Linda Goeb / John Sutherland FROM: Alan Brixius DATE: November 21, 2001 RE: Albertville - Albertville Plaza Lighting FILE NO: 163.05 - General At the November 19, 2001 City Council meeting, Council member Berning raised the issue of building and parking lot lighting at the Albertville Plaza shopping center, citing that it the lighting is not directed downward, rather it casts glare into the adjoining residential properties creating a nuisance for those residents. In review of our case file, we find that no lighting plan was submitted showing details for lighting types or lighting contours as part of the PUD review. Section 1000.10, Glare of the Albertville Zoning Ordinance, requires any light used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from an adjoining residential zone or from public streets. Direct or sky reflected glare whether ifrom spotlights or from high temperature process such as combustion, welding, shall not directed into any adjoining property. The source of light shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one foot candle meter reading as measured from the centerline of said street. Any light or combination of lights which cast lights on a residential property shall not exceed .4 foot candles meter reading at said property line. In view of this ordinance requirement, and the non submission of a site lighting plan, we would advise the City to notify the owner of the Albertville Plaza that they should submit a lighting plan showing cut sheets for each lighting fixture as well as a photometric plan showing the foot candle contours on the property. This plan should demonstrate that all lighting, parking lot and building is directed downward and away from sensitive areas. The lighting plan should also demonstrate that the site lighting does not exceed .4 foot candles at the property line of the adjoining residential properties. If you have any further questions on this, please contact me at your convenience. pc: Mike Couri "ORTIMI$x $►$$Qt1ATR0 C6114SU , 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile: 952. 595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Mayor and City Council FROM: Daniel Licht / Cindy Sherman DATE: November 28, 2001 RE: Albertville - Albert Villas 5t' Addition Final Plat FILE NO.: 163.06 - 01.20 BACKGROUND Edina Development Corporation has submitted a final plat application for approval of "Albert Villas 5"' Addition", consisting of three lots within a single block. Action to rezone to R-1A District, PUD-CUP for development within a Shoreland District, and preliminary plat applications were previously approved by the City Council on July 2, 2001. However, the ordinance to rezone and PUD/CUP were delayed until the time of final plat and so they are included in this process. ANALYSIS Preliminary Plat Consistency. The layout of the proposed final plat is identical with the approved preliminary plat, with the same number of lots with similar dimensions as those presented on the preliminary plat. Access. Lot 1 is to continue use of an existing driveway off of CSAH 18, which is a major collector street. Lots 2 and 3 have access from 52"d Street, which is a local street. The City may require as part of the plat approval that any redevelopment of Lot 1 will require a change in access to 52"d Street. Such a change would be consistent with the intent to discourage direct lot access to collector streets and re -orient this lot with the Albert Villas neighborhood. Landscape Plan. The developer has submitted a landscape plan for screening plantings along CSAH 18 for Lots 2 and 3. The landscape plan does not specify the size of the plantings to be installed but identifies Colorado blue spruce as the type proposed. Planting rows should be staggered to provide a more consistent screen along CSAH 18 and a variety of trees should be provided. A revised plan shall be submitted that identifies a mix of trees and the size to be planted. The trees to be planted for screening shall be in addition to the lots trees to be provided. Park Dedication. No parkland is to be dedicated as part of the final plat. As such, park Albert Villas eh Addition Page 1 of 2 dedication requirements will be satisfied through a cash fee in lieu of land equal to $1,500 per lot. The subdivision creates two new lots with dwelling that impact the City's park system. Based upon two new lots, the total cash fee in lieu of land is $3,000.00. Engineering. All grading, drainage and utility issues are subject to review and approval of the City Engineer. Development Contract. The applicant is required to enter into a development contract with the City stipulating plans and conditions of approval. With the development contract, the developer must pay all required securities and fees. The development contract should be subject to review of the City Attorney and approval of the City Council. CONCLUSION AND RECOMMENDATION The proposed Albert Villas 5"' Addition Final Plat is consistent with the City's Comprehensive Plan and Zoning and Subdivision Ordinances, as well as the preliminary plat approval. As such, our office recommends approval of the final plat, subject to the following conditions. 1. Lot 1 is allowed continued access to CSAH 18 until such time as the existing single family is redeveloped or the lot is further subdivided. 2. The ordinance to rezone the property to R-1A is adopted and the existing PUD agreement is modified to include the 5"' Addition. 3. The landscape plan is revised to identify the type, quantity and size of proposed plantings and to provide the planting rows in a staggered formation. 4. All grading, drainage, utility, and construction issues are subject to review and approval of the City Engineer. 5. The applicant shall pay a cash fee in lieu of parkland dedication equal to $3,000.00. 6. The applicant must enter into a development contract and pay all required fees and securities required by said document, subject to review and approval of the City Council. 7. Comments of other City Staff. pc. Linda Goeb, City Administrator Mike Couri, City Attorney Peter Carlson, City Engineer Matt Davich, E.G. Rud & Sons, Inc. Albert Villas eh Addition Page 2 of 2 CITY OF ALBERTVILLE 12-3-01 City Council Findings of Fact & Decision Final Plat CUP/PUD Rezoning Applicant's Name: Edina Development Corporation Inc. — Albert Villas 5th Addition Request: Edina Development Corporation Inc., has submitted a final plat, CUP/PUD, rezoning and PUD final plan for a 3 lot, single-family subdivision to be known as Albert Villas 5th Addition. The subject site is 3.35 acres in size and is located south of County Highway #18. The site is proposed to be zoned R1-A with a PUD-CUP which is consistent with the surrounding area and adjacent development. City Council Meeting Date: December 3, 2001 Findings of Fact: --Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is attached as Exhibit A B. The Planning Report and Memorandum dated November 28, 2001 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed and with an access to Highway 18. E. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The City Council finds the final plat acceptable. G. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. H. The proposed development will be compatible with present and future land uses of the area. 1 Albert Villas 5th Addition Final Plat etc. CC Findings of Fact & Decision I. The proposed use conforms to all applicable Zoning Ordinance performance standards. J. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the rezoning, PUD-CUP, and final plat based on the most current plans and information received to date subject to the following conditions: .LIA-%rd=e�lopor oa c�o a� nc tim ase�eXistmgl$ fa y is he I furthe divide . 2. The ordinance to rezone the property to R-1A is adopted and the existing PUD agreement is modified to include the 5"' Addition. 3. The landscape plan is revised to identify the type, quantity and size of proposed plantings and to provide the planting rows in a staggered formation. 4. All grading, drainage, utility, and construction issues are subject to review and approval of the City Engineer. f"�, ov 5. The applicant shall pay a cash fee in lieu of parkland dedication equal to $34,)00;00. 6. The applicant must enter into a development contract and pay all required fees and securities required by said document, subject to review and approval of the City Council. 7. Comments of other City Staff. Adopted by the Albertville City Council this 3rd day of December 2001. Attest: Linda Goeb, City Administrator City of Albertville 0 John A. Olson, Mayor 2 Albert Villas 5th Addition Final Plat etc. CC Findings of Fact & Decision CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2001-XX AN ORDINANCE CHANGING THE ZONING OF CERTAIN LAND IN THE CITY OF ALBERTVILLE, MINNESOTA THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA HEREBY ORDAINS: SECTION 1. The property legally described as (see Exhibit A) is hereby zoned from A- 1, Agricultural rural to R-lA, Low Density Single Family. SECTION 2. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 3rd day of December 2001. CITY OF ALBERTVILLE :v John A. Olson, Mayor ATTEST: BY: Linda Goeb, City Administrator 41 it E e,; g3 •� v B n s s � �jjII el 3 E g � 1� ti k6� !l Ii a KZ e� e� �s `_ m u e as to ee eeeet mg Ry} slspsat i � a e ,4 ' yyig a 3a ---- ______ o + r i �S n �J g VJ .. NLO 11 I 1 I i , & O i l'A ��EN MEMORAND() _5 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: November 27, 2001 RE: Authorization to Bid Savitski Lift Station Albertville, Minnesota SEH No. A-ALBEV0111.00 14 320.229.4300 800.572.0617 320.229.4301 FAX At this time it appears that if the Albertville Commercial Park project moves forward, it will not happen until sometime in late January or early February. As you are aware, the Savitski Lift Station project was added to the commercial park project in order to encourage more bids for the lift station project. Unfortunately the uncertainty of when the commercial park project may be bid makes it difficult to ensure that construction on the lift station can begin in April 2002. Therefore, I would like to separate the lift station project from the commercial park project and bid the, lift station project in December. Please add this item to the December 3`d agenda for discussion and consideration by the City Council. If the Council authorizes bidding the lift station project, bids could be scheduled to be opened on Wednesday, January 2, 2002 and the Council could consider the bids at their regular meeting on January 7, 2002. c: Mike Couri, City Attorney Scott Hedlund, SEH IrA=ApaI=Is=\savinkLdDc ShW t Inc. r 11/29/01 14:25 FAX 320 229 4301 SEH ; ALBERTV'ILLS Q001 4d'(dR >!.. ttrry� TT KJOL � UG E gMONMENTAL SFZWCES COMPANY hWAv M*,A Xdml a . Memorandum Date: November 26, 2001 To: Pie Carl0n6 SEMI From: Ken Powell, ICjolhauS Enviromnental Services Cony Re: Albertville Crossings Attachod Js the application for W'Ahdmwal of Wetland Credits from the Minnesota Wetiand Batik fDr Acwuat #182. This withdrawal is for replacement of wedand hnpwb associated with the Albertville Cross project by CascadeIl. Please sign on gage 2 as the Authorized WCA LOU official and return to me. I will forward to BWSR to convlete the paperwork for the project. Please call me with any questions. Thanks. 0 I JU UL MY 28 Sol 17.14fNDRICKSON Mu 28106 Wid Rose Lana, Shorewood ?A ineeota WWi, Phone: 952-+401-8757, Fax 962-401-8798 11i29/01 14:27 FAX 320 229 4301 SER ALBERTVILLE APPLICATION FOR WITEDRAWAL OF WETLAIND CREDITS FROM THE MINNIESOTA WETLAND HANK IM002 1. PROPOSED USER OF CREDITS Name(s) 544 3SW ElkR.iser ,MN_, 5533D (City) (State) ' (Zip) Day Phone C Z§3 3 441 8591 Eve. Phone WNER / SELLER OF CREDITS mart No. 1n Wtrshd No. 18 3ty: am=� is Of Seller. am 0 rasa: 216 Plawaad RidetDiin Skids State M_ Zip ¢M,_ (Name and Title of Awhoriaed Representative) Phone: Day L763,_ 428-4181 Eve.(____) 2.1mpx0 Site Infoi;iation . beilixty is gjor w#sh4No. .JA I.acatiotr I14 1/4.sec; �TtP.go :,.RBc—$— Qr.UTM C :X _: Stye.o��Stmtlastid.lmp�t,,....� . m+anwi' j'I�iUNaaiwid�it7,77 !� rNafl nI�ils�rnetrtlio'�� .. mat reps cn ; .t43 acne: . . M9 46 be replaced ueitig Btati . Citi fits: f (Q. nuh replacement plan if additional dettaills needed? 4. Regulating Aathority(ies) Approving the Use of Wetland Bank Credits of Albertville] Name of LOU Approving WCA Replacement EX] U.S. Army Corps of Eughmn, L ] MN Dept. of Natural Resources j ] Natural Resources Conservation Service j ] Check here and print name of other authority involved: (Print Name) *Attach relevant information explaining the details and relationship of the other regulatory authority. S. C DYTS PROPOSED TO BE W1 DRAWN FROM ACCOUNT NO. :11 _ Credit NWC PVC Wedland Type Topo. Settinj Restored or Sub-Oroupa Acres or Sq. Ft. Acres or Sq. Ft. created A 35,525 sf B. C. D. E. Totals: 35,525 sf 'All bank wwun s are assigned separate letters sigailWg diffeent credit sub -groups which rep mwt wetland areas that has different wetland tia+mW 39 typos: I.11, 2, 3, 4, 5, 6, 7, 8, P, U. 3T'0pogMPjM scatstg types: sharckD4 rive IM MOMM flow4nvugh, tcib "y, isolated. EXEMET J—withdrawal of Credo (2000) Pwm. 1 of') 11/29/01 14:24 FAX 320 229 4301 SER -► AL,BERTUtLE IM003 6. CERTIFICATION OF USER OF WETLAND CREDITS The proposed x' of aw&b kereby MON AM JEa41ir. a) either owns the subj ect wetland credits or has entered into an agreement to purchase said arodits, subject to the approval of all applicable regulatory authorities and b) has $led appropriate plans, spedScatiota, and application form with all applicable regulatory authorities tbot describe the wedehd or water resource impacts for which the subject wetland a pdits will !p udlized for mitigation purposes. User T. REGULATORY AUTHORITY APPROVAL(S) The AAWwing authorized representatives of the regulatory authority (des) identified an page I of this application bereby certify that they have: a) veriftaad that the subject wetland credits are deposited in the account of *a owner / seller, b) approved a wetland went plan or off wale resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. of WCA LGU of Other Regulatory Authority (Signature ofAuthorked WCA LGU Official) (Signature ofAuthorizad Ofdldali} (SIEsture of Authorized OMekl) (Date) . (Date) 8. CBRTl!FICATION OF OWNER / SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Banc and hereby certify that: 1) the credits described in this application cave either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not sold or used in any way to mitigate wetland losses other than far the project and location identified fit the prof foam on block on the previous page, and -& jimt c diiP sWbe withdrawn my account. Sever orcredits) (Date) 9. BWSR APPROVAL AND DIMIMG OF ACCOUNT i hereby certify that the credits have been properly debited from the subject account, of Ddive the date of signature. Sighature & Tide) (Date) al by the BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the Fr, nod the Board Conservationist. A letter, will also be sent to the account holder acknowledging the debit and new IMPORTANT REMl1YDER No &#W& to may wetland or other weter resanrce may commence until the credit have been debited from the M1V Wedagd MbIgation Bank and a copy of this appnwal has been mailed to the regulatory asdhorky(ias), the account holder, and the wer of the credits: EXHIBIT J - Withdrawal of Credits (2000) Pane 7 nf? CITY OF ALBERTV LLE AMENDMENT TO MASTER 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 and City have entered into an agreement titled "Master Planned Unit Development Agreement" ("Master Agreement") dated , 2001 and recorded as Document No. in the office of the Wright County Recorder's Office; and WHEREAS, Developer and City desire to amend said Master Agreement to allow for the construction of a communications building ("Communications Building") which will facilitate the provision of multi -media services to the properties subject to the Master Agreement; WHEREAS, Developer and City agree that this Agreement shall apply to Lot 1, Block 5 of Town Lakes plat in the City of Albertville, Wright County, Minnesota. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1 1. Construction of Communications Building. The Developer shall be allowed to construct a Communications Building in substantially the same location, size, shape, design and of substantially the same materials as shown on the attached Exhibit A. Use of said Communications Building shall be limited exclusively to the storage and operation of equipment necessary to provide voice, data and video communications to properties within the City of Albertville. 2. Not a Grant of License. This agreement shall not be interpreted as conferring upon Developer any type of license, right, franchise or permission to operate or provide voice, data or video communications to any properties, except to the extent that zoning approval is required for such uses. Developer shall be required to obtain all necessary licenses, rights, franchises or permissions necessary to deliver said voice, data and video communications. 3. Developer to Pay Citv'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 the Development. Developer agrees to pay all such costs within 30 days of billing by the City. 4. Amendment to Agreement. This document is intended to be an amendment to the Master Agreement and is intended to be read and interpreted with the Master Agreement as a supplement to said Master Agreement and not as a replacement for said Master Agreement. 5. Violation of Agreement. 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). 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 bring legal action against the Developer to remedy said default. 6. 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 the approval granted herein and from the use of the Communications Building. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 2 7. 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. 8. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c% City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Contractor Property Developers Company 7100 Northland Circle, Suite 108 Minneapolis, MN 55428 Telephone: 763-971-0477 Fax: 763-971-0576 10. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk CONTRACTOR PROPERTY DEVELOPERS COMPANY By Homer H. Tompkins III Its President 3 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2001, by John Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2001, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2001, by Homer H. Tompkins III, as President of Contractor Property Developers Company. Notary Public DRAFTED BY: Couri and MacArthur Law Office P.O. 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FOINOAT[ON Ss 'SM PSONT MWATION MR SPGC7W TYPICAL NOM Mac", man 2vuo-zT-TME 1RO� CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT ALBERT VILLAS FIFTH ADDITION THIS AGREEMENT, entered into this day of , 2001 by and between EDINA DEVELOPMENT CORPORATION 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 of the real property described in the attached Exhibit A, 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 "Albert Villas Fifth Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 3.35 gross acres into 3 single-family residential 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 Albert Villas Fifth Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and 1 Liµ WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") have already been installed to serve the Subject Property; and WHEREAS, the City finer requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, drainage swales, bemaing, street signs, street cleanup during project development; erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each 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. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. 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. 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. 2. Construction of On- and :Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage 2 I swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2003, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall install silt fencing in back of all curbing upon grading of any of the lots in said Plat. 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. C. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any gig en 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. D. Developer shall install landscaping in accordance with the Landscape Plan attached as Exhibit B. 3. Intended Use of Subdivision Lots. The City and Developer agree that the numbered lots in Said Plat fare intended only for single-family residential use with no more than one single family dwelling on each lot. Developer shall construct only one single family dwelling per numbered lot, unless Said Property is rezoned by the 3 City in the future into a classification which would allow additional units to be constructed. 4. Abandonment of Proiect - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations 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 specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 5. Developer to Pay Citv's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred .in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429A81. Developer has the right to request time sheets or work records to verify said billing prior to payment. 6. 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 any respect. 4 7. Drainage Requirements. 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. 8. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may 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. 9. 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. 10. Miscellaneous. 5 A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. 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. D. 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. However, at no time shall the City release those provisions of this Agreement which, in the City's sole judgment, contain continuing obligations. Said continuing obligations include, but are not limited to, paragraphs 1, 3, 5, 7, 10, 11, 13, 14, 15, 16, 18, 19, 20, 21, 22. E. 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. Developer agrees to obtain all required federal, state and local permits. 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. F. 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 R 0 1 4 updated by an abstract company registered under the laws of the State of Minnesota. G. Developer shall comply with all water, . ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. H. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 11. Violation of Agreement. A. Except as otherwise provided in this Agreement, upon any default by 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 of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or 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. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Notwithstanding the 30-day notice period provided for in paragraph l lA 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 7 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 11A 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 and/or revocation of the Conditional Use Permit. 12. Dedications to the City; Park Dedication Fees: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the 3 residentially zoned lots in Said Plat, Developer shall pay the City a cash payment totaling $4,500 (3 lots x $1,500.00 per lot) Said park dedication fees shall be paid prior to the release of Said Plat by the City. 13. 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. 14. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses 8 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. 15. Assignment 'of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 16. 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. 17. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat, Developer agrees to pay a trunk sewer charge in the amount of $4,690.00, representing $1,400 per acre of Said Plat multiplied by 3.35 gross acres contained in Said Plat. In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $4,020.00 representing $1,200 per acre of Said Plat multiplied by 3.35 gross acres contained in Said Plat. Developer agrees to pay said amounts prior to the City's release of Said Plat. 18. 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. 19. 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. 20. 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 21. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville Edina Land Corporation c% City Clerk 700 Industry Avenue P.O. Box 9 Anoka, MN 55303 Albertville, MN 55301 Attention: Rick Lewondowski Telephone: (763) 497-3384 Telephone: (612) 323-9086 22. Agreement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk EDINA DEVELOPMENT CORPORATION By Rick Lewondowski Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2001, by John A. 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 10 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2001, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 200131 by Rick Lewondowski, as President of Edina Development Corporation. DRAFTED BY: Court and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 763 497-1930 Notary Public 11 EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Albert Villas Fifth Addition- Plat): Lots 1-3, Block l All said property in Albert Villas Fifth Addition plate City of Albertville, County of Wright, Minnesota. 12 LMAN OP-- ALDMT VILLAG SOM4 itTW A=ITION ... .4 �'�_ \. \ .. sue✓ ��ivv '��a9uRa nnM alxRY O ` 11`>a '�@ 0�+•Wg41 N111It VA1TA �\ � ,=4 (k �ay Sn Ra MAP 4 W*WLAND Umvweom �a [ats:':RS----- MW LDaMON �K h1 i -- NET I Q S Ma6Ti