The URL can be used to link to this page

2000-06-05 CC Agenda PacketALBERTVILLE CITY COUNCIL June 5, 2000 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) May 15, 2000, Regular City Council Meeting (b) May 17, 2000, Board of Review Meeting 3. CITIZEN FORUM - (lo Minute Limit) 4. CONSENT AGENDA (a) Approve Payment of Check #'s 13120 -13154 (b) Approve 3.2 License for the Albertville Jaycees June 9, 10, and 11 from 8:00 AM to Midnight at City Park (c) Approve 3.2 License for the Albertville Jaycees June 10 from 6:00 PM to Midnight at St. Albert's Parish Center (d) Approve 3.2 License for St. Albert's Parish on July 16, 2000, from 9:00 AM to 7:00 PM 5. DEPARTMENT BUSINESS a. Public Works • Public Works Department Report b. Planning & Zoning (1) Kollville Estates Final Plat (2) Albert Villas Final Plat c. Engineering (1) Feasibility Study for Barthel Industrial Drive (2) Update on bids for the WWTF expansion (3) SW Lift Station — Approve Plans & Specs and Authorize Bids (4) 2000 Street Overlay Project update (5) Recommendations for improving drainage — City Park/Central Rivers area d. Legal (1) Albert Villas Developer's Agreement (2) Cedar Creek South 4ih Addition Developer's Agreement (3) Cedar Creek North 3Td Addition Developer's Agreement Council Agenda June 5, 2000 Page two e. Administration (1) Discuss increasing minimum house size up from 960 square feet and increasing the maximum allowable garage size (2) Sandy Greninger — Update on Family Services Collaborative Council (3) Sidewalk - Psyk's Eight Addition (4) Joint Meeting with City of Otsego on Wednesday, June 21, 2000 at 7:00 p.m. to be held at the City of Otsego offices 6. ADJOURNMENT W, ALBERTVILLE CITY COUNCIL � K• May 15, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Keith Franklin, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Delete Items 5c(5) and 5c(6) — Fire Hall • Add Item 5c(7) — Design standards for grading around wetlands • Add 5d — Nuisance Ordinance enforcement • Add Item 5e(8) — Clean Up Day Vetsch made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. Gundersen made a motion to approve the minutes of the May 1, 2000, meeting as presented. Franklin seconded the motion. All voted aye. Franklin made a motion to approve the minutes of the May 5, 2000, special meeting as presented. Gundersen seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one addressed the Council. McCormack made a motion to approve payment of Check Ws 13074 — 13110 as presented. Gundersen seconded the motion. All voted aye. McCormack made a motion to approve the request from the Albertville Friendly City Days Committee to close the following streets during Friendly City Days: • 58th Street (Main to Lander) • Lander Ave. (58th St. to Barthel's) • Main Avenue (57th to 591h Streets) • Lansing Avenue (50th to 51St Streets) • Main Avenue (57th to 59th Streets) • Lander Avenue (57th to 58th Streets) June 5-12 All Day June 8 — 11 All Day June 9 6:OOPM-2:OOAM June 10 1:00 — 4:00 PM June 10 6:OOPM-2:OOAM June 10 1:00 — 4:00 PM ALBERTVILLE CITY COUNCIL May 15, 2000 Page 2 of 4 • Main Avenue (501h to 60th Streets) • 591h Street (Barthel Ind. Dr. to Main) • Barthel Ind. Dr. (51" to 59th Streets) • 5 1 " Street (Barthel Ind. Dr. to Main) • 60th Street (CSAH 37 to Main Avenue) June 11 1:00 — 4:00 PM June 11 1:00 — 4:00 PM June 11 1:00 — 4:00 PM June 11 1:00 — 4:00 PM June 11 1:00 — 4:00 PM The motion also approves the request to extend City Park hours on Friday, June 9th and Saturday, June 10th to 12:00 AM. Gundersen seconded the motion. All voted aye. McCormack made a motion to approve the Public Works Report as presented. Gundersen seconded the motion. Franklin made a motion to approve the WWTF/Water Departments Report as presented. McCormack seconded the motion. All voted aye. McCormack made a motion authorizing the purchase of a slide and playground equipment for City Park at a cost of $6,053.55. Gundersen seconded the motion. All voted aye. The Council requested more information from the Public Works Department regarding the need for summer help. The Council reviewed the preliminary and final plat of Psyk's 8th Addition. The Council discussed whether to require sidewalks and/or a bituminous trail along 53rd Street. The Council agreed that a concrete sidewalk should be installed that would eventually connect Main Avenue to CSAH 19 along 53rd Street. Vetsch made a motion to approve the installation of a 5' concrete sidewalk on the north side of 53rd Street from Main Avenue to one lot past Lachman Avenue. Gundersen seconded the motion. All voted aye. Franklin made a motion to approve Findings of Fact & Decision approving the preliminary and final plat of Psyk's 81h Addition with a 5' concrete sidewalk required on the north side of 53rd Street. Gundersen seconded the motion. All voted aye. Gundersen made a motion to approve RESOLUTION #2000-8 titled A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE ALBERTVILLE VILLAS PROJECT TO FILL 2.94 ACRES OF f ALBERTVILLE CITY COUNCIL May 15, 2000 Page 3 of 4 WETLAND TO FACILITATE THE CONSTRUCITON OF CITY STREETS. McCormack seconded the motion. All voted aye. McCormack made a motion to approve the Grading Permit for the Kollville Estates project with Paragraph 7 revised to state the street will be cleaned daily, contingent upon the City receiving a $30,000 letter of credit from the developer. Franklin seconded the motion. McCormack, Franklin, Gundersen and Olson voted aye. Vetsch voted no. The motion carried. City Engineer Pete Carlson presented a revised cost estimate for the completion of Barthel Industrial Drive. Carlson estimates the cost at $205,257. Franklin made a motion directing the engineer to contact the property owners abutting the proposed extension of Barthel Industrial Drive and to proceed to prepare a Feasibility Study for the project. McCormack seconded the motion. All voted aye. Carlson explained that the low bid for the wastewater treatment facility expansion project came in at $350,000 over the engineer's estimate. Pete is working with the low bidder (Gridor Construction) to determine if the project can be redesigned to try to cut costs. Carlson will present his recommendations at the next meeting. Carlson presented a standard detail plate for grading around wetland areas. The standard creates a 30' buffer zone around wetlands as requested by MPCA. The Council agreed to add the design standard of a 30' buffer zone around wetlands included in the City's Standard Details Plate booklet. The city attorney was directed to send a letter to a property owner advising him that the City will proceed to enforce its Nuisance Ordinance relating to the storage of materials on site. Several property owners were present to request that the City require that all back yards be seeded. They claim that several of their neighbor's back yards have been left untouched and now contain nothing but weeds. The Council directed staff to prepare a letter to send to those property owners having an unseeded back yard and to the developer of those lots requiring that the work be started within 15 days of the date of the letter and completed no more than 15 days after starting. The Council will consider amending the Zoning Ordinance relating to house size and garage size at the next meeting. ALBERTVILLE CITY COUNCIL May 15, 2000 Page 4 of 4 Councilmember Vetsch requested that staff be directed to send a letter to the Crow River News relating to the lack of coverage of the outlet mall opening. The Council decided to take no action at this time. Administrator Goeb reminded the Council of the Wright County Transportation meeting on May 17th. She and City Engineer Carlson will be attending the meeting. The Council reviewed the letter from Robert Rego requesting that the Council reconsider their decision to charge the school district the current SAC rate for the high school addition. There was no interest from the Council to reconsider that decision. The Council agreed to meet with the Otsego City Council on either June 2 1 " or 22nd to discuss Otsego's proposal for sewer service. The administrator will contact Otsego to see if either date is convenient for Otsego. The Council also scheduled a special meeting at 6:00 PM on Monday, June 5th, to discuss the proposal. The Council directed the administrator to contact the City of St. Michael regarding a Clean Up Day. McCormack made a motion to adjourn at 9:10 PM. Franklin seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator a b. ALBERTVILLE CITY COUNCIL BOARD OF REVIEW May 17, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Gary McCormack, Keith Franklin and John Vetsch, Administrator Linda Goeb, Wright County Assessor Greg Kramber and City Assessor Tony Rasmusson Mayor Olson called the Board of Review meeting to order. Kramber explained that the average sales price for a house in Albertville is $125,900. He reported that residential land values in the City were increased $1,000-$3000. Residential homes valuations were increased 5%; commercial values were increased approximately 5%; and ag land values were increased to $8,400-$9,600 per acre. City Assessor Tony Rasmuson told the Council that Wright County had received only one letter regarding the evaluation on the post office property. Rasmuson stated that the property was valued appropriately and recommend that the Council take no action. Franklin made a motion to adjourn at 7:35 PM. McCormack seconded the motion. All voted aye. John Olson, Mayor Linda Goeb, City Administrator CLAIMS FOR PAYMENT June 5, 2000 Check No. Vendor q& * Amount 13120 ANOKA-HENNEPIN TECHNICAL COLLEGE 298.40 13121 BEACON BALLFIELDS 111.00 13122 BRIDGET MILLER 14.79 13123 CHICOS, CHAD 127.60 13124 COLOR SIGN SYSTEMS, INC. 2,271.50 13125 CRYSTEEL TRUCK EQUIPMENT 2,306.55 13126 DAVID BRADEN 100.00 13127 DELTA DENTAL 231.00 13128 DESIGN ELECTRICAL CONTRACTORS 1,383.87 13129 DJ'S TOTAL HOME CARE CENTER 332.44 13130 FISHNET.COM 23.95 13131 GOPHER STATE ONE CALL, INC. 92.80 13132 HAWKINS CHEMICAL, INC. 2,060.24 13133 INFRATECH TECHNOLOGIES, INC. 9.75 13134 LARSON PUBLICATIONS 58.47 13135 LIBERTY FLAG 193.95 13136 MEDICA 3,684.50 13137 MIDWEST ANALYTICAL SERVICES 394.00 13138 MINNESOTA COPY SYSTEMS 178.72 13139 NCPER S GROUP LIFE INSURANCE 12.00 13140 NORTH CENTRAL LABORATORIES 28.21 13141 NORTH EMS EDUCATION 816.00 13142 NORTHERN EXPOSURE 204.25 13143 NORTHERN TOOL & EQUIPMENT 19.15 13144 NSP 1,708.69 13145 OFFICE MAX 279.87 13146 PITNEY BOWES 337.45 13147 S.E.H./R.C.M. 28,685.40 13148 SPRINT 30.17 13149 SPRINT-UTS 463.21 CLAIMS FOR PAYMENT June 5, 2000 Check No. Vendor Amount 13150 STEFFENS BROS. MEATS, INC. 150.00 13151 SUNSHINE SPRINKLER SYSTEMS 145.48 13152 UNIVERSITY OF MINNESOTA 365.00 13153 VERIZON WIRELESS 13.64 13154 WRIGHT HENNEPIN ELECTRIC 23.06 TOTAL BILLS $ 47,155.11 CITY OF ALBERTVILLE Tuesday, May 30, 2000 Check Detail Register Page 1 of 4 Check Amt Invoice Comment 10100 Security State Bank lJnPaid - ANOKA-HENNEPIN TECHNICAL COLLE E 101-42000-311 EMT Training $154.00 EMT Books E 101-42000-312 First Responder Training $144.40 1st Responder Books Total ANOKA-HENNEPIN TECHNICAL COLLE $298.40 UnPaid BEACON BALLFEILDS E 101-45100-210 Operating Supplies (GENERAL) $111.00 331184 Ballfield Paint Total BEACON BALLFEILDS $111.00 Unpaid BRIDGET MILLER E 101-41940-210 Operating Supplies (GENERAL) $14.79 Supplies Total BRIDGET MILLER $14.79 UnPaid CHICOS, CHAD E 101-42000-331 Travel Expenses $127.60 Mileage - Fire Inspector Class Total CHICOS, CHAD $127.60 Unpaid COLOR SIGN SYSTEMS, INC. R 101-36200 Donations $2,271.50 Deposit - Fire Hall Sign Total COLOR SIGN SYSTEMS, INC. $2,271.50 Unpaid CRYSTEEL TRUCK EQUIPMENT E 602-49400-446 C/O - Vehicles $1,153.27 64294 LIFTMORE CRANE E 601-49450-552 C/O - Pick-up $1,153.28 64294 LIFTMORE CRANE Total CRYSTEEL TRUCK EQUIPMENT $2,306.55 UnPaid DAVID BRADEN R 101-34780 Park Fees $100.00 Damage Deposit Return Total DAVID BRADEN $100.00 Unpaid DELTA DENTAL E 101-45100-130 Employer Paid Ins (GENERAL) E 101-43100-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health E 101-41300-131 Employer Paid Health E 601-49450-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) Total DELTA DENTAL $46.20 June 00 Group Insurance $46.20 June 00 Group Insurance $46.20 June 00 Group Insurance $46.20 June 00 Group Insurance $23.10 June 00 Group Insurance $23.10 June 00 Group Insurance $231.00 Unpaid DESIGN ELECTRICAL CONTRACTORS E 452-49000-310 Other Professional Services $1,383.87 Pay #2 Traffic Light Project Total DESIGN ELECTRICAL CONTRACTORS $1,383.87 Unpaid DJ'S TOTAL HOME CARE CENTER E 101-41940-210 Operating Supplies (GENERAL) $65.14 E 101-45100-210 Operating Supplies (GENERAL) $57.11 E 602-49400-210 Operating Supplies (GENERAL) $56.04 E 601-49450-210 Operating Supplies (GENERAL) $16.06 E 101-43100-215 Shop Supplies $138.09 Total DXS TOTAL HOME CARE CENTER $332.44 CITY OF ALBERWILLE Tuesday, May 30, 2000 Check Detail Register Page 2 of 4 Check Amt Invoice Comment - , .,, .. Unpaid— FISHNET.COM E 101-41400-200 Office Supplies (GENERAL) $23.95 41865 Internet Service Total FISHNET.COM $23.95 UnPaid GOPHER STATE ONE CALL, INC. E 601-49450-210 Operating Supplies (GENERAL) $46.40 40081 Locates E 602-49400-210 Operating Supplies (GENERAL) $46.40 40081 Locates Total GOPHER STATE ONE CALL, INC. $92.80 UnPaid HAWKINS CHEMICAL, INC. E 601-49450-216 Chemicals - Alum $2,060.24 258830 Alum Total HAWKINS CHEMICAL, INC. $2,060.24 Unpaid INFRATECH TECHNOLOGIES, INC. E 601-49450-580 Other Equipment $9.75 517 Balance Due Total INFRATECH TECHNOLOGIES, INC. $9.75 UnPa—id -----LA ON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $58.47 May Legals Total LARSON PUBLICATIONS $58.47 Unpaid LIBERTY FLAG E 101-41940-210 Operating Supplies (GENERAL) $193.95 5000895 U.S. Flags Total LIBERTY FLAG $193.95 Unpaid MEDICA E 101-45100-130 Employer Paid Ins (GENERAL) E 101-43100-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health E 101-41300-131 Employer Paid Health E 601-49450-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) Total MEDICA $736.90 Group Insurance $736.90 Group Insurance $736.90 Group Insurance $736.90 Group Insurance $368.45 Group Insurance $368.45 Group Insurance $3,684.50 Unpaid MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $126.00 114254 WWfF Test E 601-49450-218 Testing Expenses $268.00 114289 WWTF Tests - 5/3/00 Total MIDWEST ANALYTICAL SERVICES $394.00 UnPaid MINNESOTA COPY SYSTEMS E 101-41400-202 Duplicating and copying supply $178.72 87485 3/25 to 5/24 Total MINNESOTA COPY SYSTEMS $178.72 Unpaid NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $12.00 June 2000 Linda's Life Insurance Total NCPER S GROUP LIFE INSURANCE $12.00 UnPaid NORTH CENTRAL LABORATORIES E 601-49450-210 Operating Supplies (GENERAL) $28.21 104712 Total NORTH CENTRAL LABORATORIES $28.21 NORTH EMS EDUCATION CITY OF ALBERTVILLE Tuesday, May 30, 2000 Check Detail Register Page 3 of 4 Check Amt Invoice Comment E 101-42000-108 Medical Training $816.00 1139 BLS Provider Refresher Total NORTH EMS EDUCATION $816.00 Unpaid NORTHERN EXPOSURE E 601-49450-417 Uniform Rentals $34.04 1605 Unifom Tee-shirts E 602-49400-417 Uniform Rentals $34.04 1605 Unifom Tee-shirts E 101-43100-417 Uniform Rentals $68.08 1605 Unifom Tee-shirts E 101-45100-417 Uniform Rentals $68.09 1605 Unifom Tee-shirts Total NORTHERN EXPOSURE $204.25 UnPaid ,_ NORTHERN TOOL & EQUIPMENT E 101-43100-215 Shop Supplies $19.15 Tools Total NORTHERN TOOL & EQUIPMENT $19.15 Unpaid NSP E 101-42000-381 Electric Utilities $66.13 E 601-49450-381 Electric Utilities $1,338.72 E 101-45100-381 Electric Utilities $95.26 E 101-43100-381 Electric Utilities $22.05 E 101-41940-381 Electric Utilities $15.47 E 101-45100-381 Electric Utilities $7.83 E 101-41940-381 Electric Utilities $163.23 Total NSP $1,708.69 UnPaid OFFICE MAX E 101-41300-200 Office Supplies (GENERAL) $279.87 Total OFFICE MAX $279.87 Unpaid PITNEY f30WES E 101-41400-413 Office Equipment Rental $337.45 Postage Machne Total PITNEY BOWES $337.45 E 449-49000-303 Engineering Fees $429.04 62nd Street Project E 601-49450-300 Professional Srvs (GENERAL) $15,565.00 64135 Plans & Specs E 101-41700-303 Engineering Fees $5,669.10 SW Lift Station E 446-49000-303 Engineering Fees $1,887.54 Fire Hall E 450-49000-303 Engineering Fees $1,444.74 Albert Villas E 447-49000-303 Engineering Fees $1,251.00 57th Street Project E 445-49000-303 Engineering Fees $198.00 Albertville Crossings E 439-49000-303 Engineering Fees $177.00 Center Oaks 4th E 443-49000-303 Engineering Fees $27.50 Karston Cove E 101-41700-303 Engineering Fees $1,167.70 City Projects E 438-49000-303 Engineering Fees $868.78 Cedar Creek South 3rd Total S.E.H./R.C.M. $28,685.40 UnPaid SPRINT E 101-41940-321 Telephone $30.17 Long Distance Calls Total SPRINT $30.17 Unpaid SPRINT-UTS E 101-43100-321 Telephone $32.42 Fax Line CITY OF ALBERTVILLE Tuesday, May30, 2000 Check Detail Register Page 4 of 4 Check Amt Invoice Comment E 101-41940-321 Telephone $280.59 E 101-42000-321 Telephone $34.28 Telephone E 101-43100-321 Telephone $32.42 Telephone E 601-49450-321 Telephone $25.85 E 101-45100-321 Telephone $23.37 E 101-42000-321 Telephone $34.28 Fax Line Total SPRINT-UTS $463.21 UnPaid STEFFENS BROS. MEATS, INC. E 101-41100-200 Office Supplies (GENERAL) $150.00 Employee Christmas Total STEFFENS BROS. MEATS, INC. $150.00 Unpaid SUNSHINE SPRINKLER SYSTEMS E 101-45100-404 Repair/Maint - Machinery/Equip $145.48 4087 City Park Total SUNSHINE SPRINKLER SYSTEMS $145.48 �UnPaid UNIVERSITY OF MINNESOTA E 101-41400-208 Training and Instruction $365.00 Clerks Conference Total UNIVERSITY OF MINNESOTA $365.00 UnPaid VERIZON WIRELESS E 101-42000-321 Telephone $13.64 Cell Phone Service Total VERIZON WIRELESS $13.64 Unpaid WRIGHT HENNEPIN ELECTRIC E 101-43160-381 Electric Utilities $23.06 Total WRIGHT HENNEPIN ELECTRIC $23.06 10100 Security State Bank $47,155.11 8IqR9 '3 0,4�1 <-- 5975 Mai, Albertvi. (612) 497-3384 Fax: (612) 497-3210 APPLICATION FOR NON -INTOXICATING MALT LIAR LICENSE The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant: W,6 J C , 2. Name and Address Qf President and Secretary of Applicant: 3. Purpose for which funds derived will be used: o�0A✓✓. i 4. Date of activity: TUB z 1f i 0 t 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: u� 6. Hours of operation: f1-c>�� -� /��` C}(% -kf4-AJT 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application:/f�Cr �97 Date: 5zl ze, Signatur f A cant (612) 497-3384 Fax: (612) 497-3210 APPLICATION FOR NON- INTOXICATING HALT LIQUOR LICENSE The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1 . Name of Applicant: 4,13, 1 -C S 2. Name and Address of President and Secretary of Applicant: r h,kc z L)o t, A tl f -7- 16 3 $' 3. Purpose for which funds derived will be used: rr,M s r 4. Date of activity: Sr`f T L- //& / •3 v u 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: �%�+5►. h 4 c-(- 6. Hours of operation:_ 40 y,�= �� N sk i 7. Number of previous license obtained this calendar year: S. Name, address, telephone number and posit on held with Club of person signing this application: t Ci �S 7 d- 3S Date: Signature of,�App•� I r v 5975 M a1�H® APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE Alber 'Id Fax: (612) 497-3210 The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 0 1. Name of Applicant: 2. 3. Purpose for which funds derived will be used: 4. Date of activity: 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: 11L`� —S7 _ 11�/V/� 6. Hours of operation: �r/`'i — 'Z�r 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: �3 � i' U �. ��<7) �% /�cJ �/ /� • � /1 /�G�~7 � ��c�' , '�'� it � / < '.�`� ��% Al e .-t e, Date: Signature of App 1 i ant(s) l Certificate of Coverage ate: 3/28/2000 Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of St. Paul -Minneapolis confers no rights upon the holder of this certificate. This certificate Chancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue St. Paul, MN 55102 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY Covered Location St Albers- Church 4223 CENTER ST OMAHA, NE 68105 P O Box 127 Albertville, MN 55301-0127 Coverages ..: . WE This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property General Liability General Aggregate Products-Comp/OP Agg ® Occurrence 8589 7/1/2000 7/1/2001 Personal & Adv Injury Claims Made Each Occurrence $500,000 Eire Damage (Any one fire) Med Exp (Any one person) Excess Liability Each Occurrence Other Descriptian of Operations/LocationsNehicles/Special Items This certificate evidences coverage for St Albert's Church Festival to be held on Parish grounds on July 16, 2000. Includes Liquor Liability. Holder of Certificate Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the holder of certificate named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative 0111000075 56610, MEMORANDUM TO: Albertville Mayor and City Council FROM: Cynthia Putz-Yang / Deb Garross DATE: May 31, 2000 RE: Albertville - Kollville Estates Final Plat FILE: 163.06 - 00.16 BACKGROUND Leuer-Munstertieger Properties has submitted a final plat application for the Kollville Estates PUD project. The final plat consists of 73 townhome lots in phase one of the development and outlots in areas of future development. The preliminary plat of Kollville Estates was approved by the City Council on April 3, 2000. A PUD concept plan has been approved for the entire land holdings of the applicant, which consists of 64 acres of land bounded on the north by CSAH 37 (651h Street), the east by Parkside 2"d Addition, the south by Fairfield Addition and the west by Cedar Creek North. The developer desires to final plat the area described as Phase 1 in the PUD plans. Attachments: Exhibit A Draft Findings of Fact and Decision Exhibit B Site Location Exhibit C Final Plat Exhibit D Final Stage Property Plan Exhibit E Preliminary Plat Exhibit F Utility Plan Exhibit G Grading Plan Exhibit H Landscape Plan Exhibit I Foundation Planting Plan Exhibit J Concept Plan RECOMMENDATION The request for final plat approval requires that the Planning Commission and City Council consider the application in relation to established Zoning and Subdivision Ordinance requirements and for consistency with the approved preliminary plat. The decision to approve or deny the project is viewed as a policy decision to be made by the City Council. Based upon the review of the submitted plans in relation to established Zoning and Subdivision Ordinance requirements and the approved preliminary plat, our office recommends approval of the Kollville Estates Final Plat subject to the following conditions, which include conditions from the preliminary plat approval that need to be resolved: Conditions of Preliminary Plat and Site Plan Approval: The PUD and preliminary must show conformance with the minimum building separation requirements of Zoning Ordinance 2700.2(n). Building height information must be submitted to determine whether the spacing is in conformance. 2. The PUD and preliminary plat shall be amended to indicate the total area calculation proposed to be covered by buildings. (The maximum building coverage shall not exceed 50% of the project area.) 3. All townhome unit plans shall incorporate varied architectural elements, alternative unit styles, and a variety of exterior materials. Exterior building elevations (including front, side and rear) drawn to scale for each of the four townhome unit styles shall also be submitted. The building elevation drawings shall indicate the height of all proposed buildings. 4. A sample and list of proposed building materials and colors shall be submitted. 5. The applicant shall submit building floor plans (to scale) indicating the dimensions and square foot calculations for each of the four (4) proposed unit types. 6. The homeowner's association agreements should be amended to include language that a license shall be obtained from the City of Albertville prior to the leasing of any unit. 7. The landscape plan shall be amended to incorporate the following: a. An irrigation system shall be installed to ensure landscape materials survive and to enhance the project appearance. b. The private parking lot areas shall be screened from the adjacent residential units by landscaping and/or vinyl fencing. C. All areas of the project that are not covered by buildings, hard surfaces or specifically called out on the landscape plan shall be sodded. d. The type of foundation plantings proposed for all buildings facing north, should be modified to shade tolerant species. e. The landscape plan shall indicate the means to screen equipment such as air conditioning cooling structures or condensers. The location of such equipment shall also be shown on the exterior plan elevations and typical unit floor plants. 8. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each unit lot. 9. A Soil Erosion Control Plan shall be submitted acceptable to the City Engineer, Watershed District, DNR, and any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. 10. The preliminary plat map shall be amended to indicate the unit type that will be constructed for each lot within the development. 11. If a subdivision identification sign is desired by the developer to identify Kollville Estates, a sign plan shall be submitted for review and approval of the City Planner. 12. A detailed lighting plan should be submitted specifying the style, height, strength/wattage and distribution of exterior lights proposed on the property and exterior of the buildings. Exterior lighting shall be provided for all overflow parking lot areas at a minimum. All exterior lighting on site must be arranged as to deflect light away from public streets. The source of lights shall be hooded. 13. The storm water management ponds shall be planned and constructed in a manner to be as aesthetically pleasing as possible (i.e. to hold water and contain natural wetland plant species along the perimeter of the ponds.) 14. Separate public utility service shall be provided to each subdivided unit lot. All grading, drainage, street and utility issues shall be subject to review and approval of the City Engineer. 15. A complete set of revised PUD and preliminary plat plans (1" - 100' scale and one copy reduced to 11" x 17") shall be submitted to the City of Albertville, City Planner (NAC Inc.), City Attorney (Michael Couri), and the City Engineer (S.E.H.), within 30 days of City Council approval, incorporating all conditions of approval. The PUD will serve as the guide for all future final plat applications for this project. 16. The park dedication for the project should consist of the .24 acre park lot and cash dedication of $1,300 dollars per unit. The trail, sidewalk and land dedication shall be credited pursuant to the provisions of the Subdivision Ordinance. 17. The preliminary plat is reviewed and found to be acceptable to the Albertville Fire Department. 18. The preliminary plat is reviewed by and found to be acceptable by Wright County. 19. A Storm Water Pollution Control Plan and escrow is submitted subject to the approval of the City Engineer. 20. Any other conditions as set forth by other City Staff, Sherburne County or City Council. Conditions of Final Plat Approval: 21. All grading, drainage, and utility issues are reviewed and approved by the City Engineer. 22. An approved landscape plan must be implemented by the developer. 23. The developer shall submit a Storm Water Pollution Control Plan and escrow consistent with the requirements of the Subdivision Ordinance and subject to review and approval of the City Engineer. 24. All required driveway, utility and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 25. A current title or commitment of title insurance shall be submitted acceptable to the City Attorney. 26. The developer shall provide the City with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of building permits for the lots. 27. A developer's agreement is prepared by the City Attorney and signed by the applicant. 28. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 29. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 30. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents within 120 days will render the final plat null and void. 31. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. 32. Any other conditions as set forth by the City Council, City staff, City Consultants, or other agency responsible for review of this application. ISSUES AND ANALYSIS Staff has reviewed the final plat and revised preliminary plat plans for conformance with the preliminary plat findings of fact. Staff has found that the final plat contains the same number and arrangement of lots as the preliminary plat, however, a number of conditions of preliminary plat approval need to be addressed. The list of conditions found in the recommendation section of this report includes outstanding preliminary plat conditions. Staff feels comfortable recommending approval of the final plat; however, no building permits will be issued and no mylars will be released until all of the conditions of approval have been met. 5-31-00 CITY OF ALBERTVILLE City Council Findings of Fact & Decision - Final Plat Applicant's Name: Kollville Estates Final Plat Request: Leuer-Munstertieger Properties has submitted a final plat for Kollville Estates PUD project. The final plat consists of 73 townhome lots and is consistent with the approved Kollville Estates preliminary plat. City Council Meeting Date: 5 June 2000 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached as Exhibit A. 2. The NAC planning report dated 31 May 2000 is incorporated herein. 3. The final plat is consistent with Kollville Estates Preliminary Plat, approved in April of 2000. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for approval of Kollville Estates Final Plat has been approved based on the most current plans and information received to date, subject to the following conditions: Conditions of Preliminary Plat and Site Plan Approval: 1. The PUD and preliminary must show conformance with the minimum building separation requirements of Zoning Ordinance 2700.2(n). Building height information must be submitted to determine whether the spacing is in conformance. 2. The PUD and preliminary plat shall be amended to indicate the total area calculation proposed to be covered by buildings. (The maximum building coverage shall not exceed 50% of the project area.) 3. All townhome unit plans shall incorporate varied architectural elements, alternative unit styles, and a variety of exterior materials. Exterior building elevations (including front, side and rear) drawn to scale for each of the four townhome unit styles shall also be submitted. The building elevation drawings shall indicate the height of all proposed buildings. 4. A sample and list of proposed building materials and colors shall be submitted. 5. The applicant shall submit building floor plans (to scale) indicating the dimensions and square foot calculations for each of the four (4) proposed unit types. 1 6. The homeowner's association agreements should be amended to include language that a license shall be obtained from the City of Albertville prior to the leasing of any unit. 7. The landscape plan shall be amended to incorporate the following: a. An irrigation system shall be installed to ensure landscape materials survive and to enhance the project appearance. b. The private parking lot areas shall be screened from the adjacent residential units by landscaping and/or vinyl fencing. C. All areas of the project that are not covered by buildings, hard surfaces or specifically called out on the landscape plan shall be sodded. d. The type of foundation plantings proposed for all buildings facing north, should be modified to shade tolerant species. e. The landscape plan shall indicate the means to screen equipment such as air conditioning cooling structures or condensers. The location of such equipment shall also be shown on the exterior plan elevations and typical unit floor plants. 8. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each unit lot. 9. A Soil Erosion Control Plan shall be submitted acceptable to the City Engineer, Watershed District, DNR, and any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. 10. The preliminary plat map shall be amended to indicate the unit type that will be constructed for each lot within the development. 11. If a subdivision identification sign is desired by the developer to identify Kollville Estates, a sign plan shall be submitted for review and approval of the City Planner. 12. A detailed lighting plan should be submitted specifying the style, height, strength/wattage and distribution of exterior lights proposed on the property and exterior of the buildings. Exterior lighting shall be provided for all overflow parking lot areas at a minimum. All exterior lighting on site must be arranged as to deflect light away from public streets. The source of lights shall be hooded. 13. The storm water management ponds shall be planned and constructed in a manner to be as aesthetically pleasing as possible (i.e. to hold water and contain natural wetland plant species along the perimeter of the ponds.) 14. Separate public utility service shall be provided to each subdivided unit lot. All grading, drainage, street and utility issues shall be subject to review and approval of the City Engineer. 15. A complete set of revised PUD and preliminary plat plans (V - 100' scale and one copy reduced to 11" x 17") shall be submitted to the City of Albertville, City Planner (NAC Inc.), City Attorney (Michael Couri), and the City Engineer (S.E.H.), within 30 days of 2 City Council approval, incorporating all conditions of approval. The PUD will serve as the guide for all future final plat applications for this project. 16. The park dedication for the project should consist of the .24 acre park lot and cash dedication of $1,300 dollars per unit. The trail, sidewalk and land dedication shall be credited pursuant to the provisions of the Subdivision Ordinance. 17. The preliminary plat is reviewed and found to be acceptable to the Albertville Fire Department. 18. The preliminary plat is reviewed by and found to be acceptable by Wright County. 19. A Storm Water Pollution Control Plan and escrow is submitted subject to the approval of the City Engineer. 20. Any other conditions as set forth by other City Staff, Sherburne County or City Council. Conditions of Final Plat Approval: 21. All grading, drainage, and utility issues are reviewed and approved by the City Engineer. 22. An approved landscape plan must be implemented by the developer. 23. The developer shall submit a Storm Water Pollution Control Plan and escrow consistent with the requirements of the Subdivision Ordinance and subject to review and approval of the City Engineer. 24. All required driveway, utility and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 25. A current title or commitment of title insurance shall be submitted acceptable to the City Attorney. 26. The developer shall provide the City with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of building permits for the lots. 27. A developer's agreement is prepared by the City Attorney and signed by the applicant. 28. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 29. The developer shall provide financial security for all applicable site improvements, acceptable to the City Engineer and City Attorney. 30. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents within 120 days will render the final plat null and void. 3 31. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. 32. Any other conditions as set forth by the City Council, City staff, City Consultants, or other agency responsible for review of this application. Adopted by the Albertville City Council this 5th day of June, 2000. Attest: City of Albertville Linda Goeb, City Clerk Mayor John Olson pc: Linda Goeb, Mike Couri, Pete Carlson, Kevin Mealhouse, Scott Dahlke 4 EXHIBIT A LEGAL DESCRIPTION OF KOLLVILLE ESTATES That part of the East Half of the Southwest Quarter of Section 35, Township 121, Range 24, Wright County, Minnesota, lysing south of the Burlington Northern Railroad. Except therefrom that part platted as Fairfield according to the plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. iM At. A VA 2 a X env C 7 -- we a, i NO r, ji, vp - 11 � A ;lam: MAY-31-2000 15:13 NAC 612 595 9937 R,W i s �33I}}tti it ti.l�P yy� ��a�i i � E� tA• a ea 3zi�i f s;�j+s iq (Ville C"► r I 1'1� i f- f J{ ''7-f:�[µY.b_%I� 7 "1. r i i� •4�k'.1T—T �c,'>•r o i - 3. t' Sa i •' i ;x st r� 7z 4 4 A� Q•_.j aC � R i�C ' ,' (�•��:1,' `ice. �� / 1 ��,• 1 A i .14 • ✓ I — • EXHIBIT C MAY-31-2000 15 la ^AC 612 595 98K7 P.05 33 �I uaenn 1 t�JJ Lrp lNY Omi W at I VI 36V.J.7CN t YwWwYM11MYYY�I 1\ i_.�... ...�. ��YY,IW rY.�YI li.r.�. +�.w.'+.1 w�W�4iYrl {f/CYII 1 yp7111p — — — — — — — ——�^v�::mj i EXHI6IT D MAY-31-2.000 IS: IS �V7 tt $ S3LYiS3 3 FIA770,1 f i NAC 612 595 9837 P.06 Mw .I..Ir AaM/I�r 3 i a y b ax a Olt ti — — — — — _ _ _ — — — _ E HIBIT E MA'Y-31-2000 15:16 NAC 612 595 '9837 P.Or ff" M O iIYit aq... ............e....................... Sham. ai YSI..0 MMUM 9El�y3�4S.3�3�5 �)�".r=.ctSl•OfdCfkR\RfIRA./IRNI��MIYP17\1��t1.44iNYgiiW ,1,^^•nr"rws►Ya.f�f��:py�yp�,q�iAS�,g7Ri09iY9;?#71L7`,:33 3LlL•!SS)S is)J)!))735Sa!)SIl!l3357i13]ill!]D]]S])]]]]'.'..]].37]IA737]S'.!I}Slllai!]lllrur]!lsses3llssllllS95ssslILSI)]S]]3lSI!!S r i 4 i Ilk 1 it it s ,rg ■i �j3 R i $y �c ar }i�ci `��( } 1a�C tj ++ ;' qi {i T T1�/{ Y-p N �h y( T4i q ; _ 1+ + T 4 7{ ri �►Z9 I I p`if ltf 9lff J%t0 f':!3 :� 5 83 SEMI =9 $i! -sr�ii E� ?f i� 81��- � ] ] r- 7 !!t )y1 ! T ] e r 1+ ! r 3'f ladf r !.r j«ir 1 ] Y I ] 3 r $ ■ ]`r ] t ? ~ 3 q� ?c; i1t9 i $ i a ! i(� g#a .lYj eg ,ifi:3j : i•i i T.i r i r� i. lr�i�rgs;,r'lii �I llie l 31 ►_ id3 1111 _#� r41 ul i ? ii 4��3 k f � y =_ � !}'# .dig Ilr�l 2-4! � 1a� i 9 t:� #�i ni; qtf p fix i g'iii 7j/ .i i{}?�i .iNiiii �Ori ;if si {Njifs 7 3"3 A�9 ! i [ Yy,q `.� � �■�i/jj :'3y �7I1(s ;�,3�`j �� #r #.�j( �:�p�[t Rp4�S#l�Q( _ n1i� - 5 :ild r3i r.ai :ql. 0�W k4 ul1t ?Rf 1.11 � # ?A ��'f 1i17T xGiii R�R �1ii z a ~ . / ,/ , / � �'' � ' `� 11 r' l �' a� I' -, � ,.• ' c.. � �? ! e I i h Ayy i MAY-31-2000 15:16 �I u y 531`/ 53 "I'I1A i''0%i 'SAC 612 595 9637 P.39 Qn ..._� _ ...— , , II fft AV M2L AtMW � Ift" /rMY Y°MY 400 a .Y 1 10 yl r 1 l r.co T r I r 1- I r r r 1 r 3444 y1n/ry r 1 d si 1 ti 21 �! yl` 1 ,'� I T Ira I _ 4- 4-�, -.aim 'ft6 t �••�r a- r, / l r- { t , � r iw x 41 t + 7 1 y Mom' --SSS"� Aw _ —•L_ � ._ u� / • � � '� � 'b'I of � y �, :, a - . . _• MAY-31-2000 15:17 32IViS3 3170710M !�v pf. 612 595 9837 P.09 Owto, Jw- II HIBIT F MA'Y-31-20130 15: VE. r-Al: 612 595 9G37 aAw WTOM AO -, 4. 1 J=&V .-AX P. 10 HIBIT G MA\-31-2000 15:19 .,AC .. �-.� � 612 595 9837 P.11 .`� \ " \« � 8��K�~ �� »» --------' ' EXHIBIT MAY-31-2000 15:20 sAC 612 595 9937 P.12 i7 ^'9:977 $ N g w ;iun FJOq.- O/A1 S�1. dj$J �I I�^�1C Nv7d JNLNYId NOL dQN1)0� '�"„,w —�' .. �, m'weoso aus AYM�� fw+e tinuri ivr"viniawi aaw �w�raaw of •. �srwer i `� �' j ( ' w�3..tiM «sour Q ••,� ava� •� MIT I MHO 31- a00 15;20 § IV'5 wn X.10 e ail5 ils � Z— % _!.� &mod SMIN k L� Ni a a c 612 595 9G37 P.13 MAY-31-2000 15:21 NAC 612 595 9937 P.14 V—! S 2 '11, i V� '!"! 0 >1 w aww am& 1*4a0ru- if I L 4t TOTAL P.14 JUN-01-2000 12:24 NAC 62 595 9937 ILI INC. TRANSMITTAL 5 b.;z. NORTHWEST ASSOCIATED CONSULTANZ- 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 5 54 16 PHONE (61 2) 595-9835 FAX (6 1 2) 595-9637 NAC@wi NTERN E:T, COM NUMBER DATE: 1 June 2000 OF PAGES j INCLUDING TO: Linda Goeb ! COVER: FROM: Deb Garross, Senior Planner QUANTITY: MATERIAUDESCRIPTION: DATED: 1 each Albert Villas Final Plat/PUD - Planning Report 6-1-00 - Draft Findings of Fact and Recommendation - Exhibit A - Site Legal Description - Exhibit B - Pre Plat/PUD Council FoF (1-18-00) Exhibit C - Resolution adopting Comp Plan Amend. Exhibit D - Ordinance rezoning site , Exhibit E - Table of lot requirements for PUD 1 VIA: REMARKS: MAIL Attached find the above referenced items. Please attach the site location map and Exhibit F (which will be faxed to you) and a copy of the final plat Please then copy and distribute to the City Council. We will send copies to FAX all of the people listed as "pc" on the last page of the agenda report. IE Please contact me at (612) 595.9636 if you have questions or comments PICK UP regarding this matter. F7 DELIVERY 1 1 PROJECT. City of Albertville - Albert Villas Final Plat/PUD JOB NUMBER: 16306 - 00.17 JOIN-01-2@v0 12 : 25 INC .PLANNING REPORT NAC G12 595 9837 P,02/13 NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - 0E9.10'N - MARKET F2ESEARCH TO: Albertville Mayor and City .Council Linda Goeb, City Administrator FROM: Deb Garross, Senior Planner DATE: 1 June 2000 RE: Albertville -- Albert Villas • PUD _Final Plan • Final Plat • Adopt Resolution 2000 - Changing: the Comp. Plan Land Use from Ag/Rural to Low Density Residential Adopt Ordinance 2000 - . Rezoning the site from A-1 to R-1 A FILE: 1163-06 — 00.17 BACKGROUND Edina Development corporation Inc. ii has submitted the final PPlat: and, PUD final Ian of "Albert viiias, i no Currom submmei repiEsenIs ine Tirm siige oT 6veiopmem Tor Tn MDeri V IIIaS PUD mhich was approved by the City Council on January 18, 2000 for development of 136 acres of land into 170 single family lots. The final plat consists of 41 lots iocated in the nordw.vst part of the PUD project area_ The original approval for the overall, project included rezoning and a Comprehensive Plan ra�m$end�m�elnt toh change the designation of the asiitte from agriculturaltrural to low density iak�1 lac�at ii ti `i�� tmt�ir tp�at.g �ierel�=e�an�tirdgna gncerezoning niY Pia 1 mng&lflnt i; . t4 Te si a an!a esoiu ion implementing the Comprehensive Plan amendment have been included for City Council formal adoption in addition to the final plat/PUD final plan. See Exhibits C and. D of the attached City Council Findings of Fact for reference to the Ordinance and. Resolution implementing the �casnin9 c+nd Qe.r.r.oL+e►.oi�.aT�la.. aw•rdw►snl. Attachments. - Site Location Map Final Plat Maps Draft Findings of Fact and Recommendation Page 1 5775 WAYZATA SO.ULEVARO, SUITE 555 ST. LO'UIS PARK, MINNESOTA 5541 6 PHONE 6 1 2.595.9636 FA,X, 6 1 2.595-9637 SUN-01-2000 12:29 r,AC 612 5S5 9937 P.02/13 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - D&SIO'N - MARKET RESEARCH PLANNING REPORT TO. Albertville Mayor and City.Council Linda 'Goeb, City Administrator FROM: Deb Garross, Senior Planner DATE: 1 June 2000 RE: Albertville -- Albert Alas PUD Final Plan • Final Plat Adopt Resolution 2000 - Changing the Comp. Plan Land Use from Ag/Rural to Low Density Residential Adopt Ordinance 2000 - Rezoning the site from A-1' to R-1 A FILE: 163.06 — 00.17 BACKGROUND Edina Development corporation Inc., has submitted the final plat: and PUD final plan of "Albert Villas." The current submittal represents the first stage of development for the Albert Villas PUD which was approved by the City Council on January 18, 2000 for development of 136 acres of land Into 170 single family lots. The final plat consists of 41. lots located in the northwest part of the PUD project area. The original approval for the overall project included rezoning and a Comprehensive Plan amendment to change the designation of the site from agricUlturalfrural to low density residential. The implementation of the rezoning and Comprehensive Plan amendment is to take place at the time of final plat. Therefore, an Ordinance, rezoning the site and a Resolution implementing the Comprehensive Plan amendment have been included for City Council formal adoption In addition to the final plat/PUD final plan. See Exhibits C and D of the attached City Council Findings of Fact for reference to the Ordinance and ,Resolution implementing .the rezoning and Comprehensive Plan amendment. Attachments: Site Location Map Final Plat Maps Draft Findings of Fact and Recommendation Page 1 5775 WAYZATA BOULEVARD, .SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 5 PHONE 6 1 2.595.9636, FAX, 5 1 2.595-953 7 JUN-01-2000 12:30 �Pc 612 595 993? P.33/13 Exhibit A — Site Legal Description Exhibit B— 1 -18-00 Preliminary Plat/PUD Findings of Fact Exhibit C — Resolution implementing the Comprehensive Plan Amendment Exhibit D — Ordinance implementing the rezoning Exhibit E — Table indicating the lot area, setback and dimension flexibility applicable to the final plat EXECUTIVE SUMMARY The City Council approved the Comprehensive Plan amendment, rezoning, CUPIPUD and preliminary plat of Albert Villas on January 18, 2000 subject to a number of conditions outlined in the Findings of Fact and approval. A copy of the preliminary plat/PUD conditions is attached to the draft Findings of Fact and Decision for the final plat/PUD as Exhibit B. The final plat/PUD has been revlewied based upon the applicable Zoning and Subdivision Ordinance requirements as well as the conditions of approval from January 18, 2000. The requested approval of the final plat and final PUD plan, requires that the City Council consider the applications in relation to established Zoning and Subdivision Ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the final piavPUD is viewed as a policy decision to be made by the City Council. Should the Council find the submitted plans acceptable, it is recommended that the foiluWng conditions be imposed. 1. All final transportation, grading, drainage, and utility plans are subject to review and approval of the City Engineer. 2. All easements are dedicated and/or given to the City subject to the approval of the City Engineer. 3. The final plat is amended to show a drainage and utility easement over the area shown as Outlot A. 4. A street lighting plan is submitted specifying the style, height, strength/wattage and distribution of lights proposed within the development. Said lighting plan and the location of lights shall be subject to review and approval of the City Engineer. 5. All required driveway, utility, trail and other permits required by the City Engineer and/or Wright County shall be obtained by the applicant. 6. A temporary turn -around facility and roadway easement is provided at the west and of 5e Street and at the southern end of Kahl Avenue, conforming to the cul-de-sac requirements of the Subdivision Ordinance, acceptable to the City Engineer. 7. The developer satisfies park dedication requirements as specified in the PUD development agreement. Page 2 TUN-01-2000 12:30 NAC S12 595 9837 P.74=13 7, An asphalt trail is constructed along the south side of CSAH 18 (within the right-f-way), subject to the approval of the City Engineer. 8. The applicant submits letters from NSP and Amoco identifying that each entity has reviewed the plans and found them to be acceptable. 9. Deed restrictions, in a form acceptable to the City Attorney are filed with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can be built within the easement areas. 10. The applicant provides the City with a copy of the lot sales lfterature that vrill be distributed to future homeowners, identifying NSP and Amoco easement building restrictions, the 20' required wetland setback area building restrictions, access easements to all storm water management ponds. 11. The applicant provides the City wish the proposed means to disclose the location of all parks, sidewalks and trails to future, prospective lot owners. 12.A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each lot, at the time of final plat. 13. The developer indicates the timing and method for removing and/or relocating the existing buildings located on the subject site consistent with Sections 14MI and 900 of the Zoning Ordinance. 14, The developer indicates the proposed use of model homes consistent with Section 2200 of the Zoning Ordinance. 15. The final plat is amended to delete Outiots A and B and extend the lot lines of Lot 1, Block 1 and Lots 1 through 9, Block 2 to the west edge of the plat. 16. The screening consisting of a bens and staggered rows of evergreen trees an the northerly side of Lot 1, Block 1 and Lots 8, 9 and 10, Block 1, (Concept Phasing and Landscape Man of Albert Villas 2-8-00), shall be planted/constructed prior to issuance of a building permit for each respective lot. 17, The front and side yards (and/or any other yard which abuts a public street) of all lots shall be sodded. Rear yards which do not abut a public street may be seeded and mulched. 18. A minimum of one shade tree or evergreen tree, conforming to the minimum size and species requirements of the Albertville Zoning Ordnance shell be planted prior to issuance of an occupancy permit for each lot within the final plat_ Page 3 TIJ;y-01-2000 12 ; 31 NAC 612 595 9937 P . 05.' 13 19. An escrow for the landscapelscreening materials in the amount equal to 150% of the estimated cost for said materials, is provided to assure installation and survivability of all required plantings. (All new plants shall be guaranteed for two full years from the time the planting has been completed). 20, If a subdivision identification sign is desired by the developer to identify the Albert Villas development, a sign plan is submitted for review and approval of the City Planner. Deed restrictions, covenants or other appropriate documentation shall be provided to identify that the private homeowners association shall be responsible for the maintenance of the grounds as well as the subdivision sign in perpetuity. Said documents shall also provide a clause allowing the City to remove the sign in the event that it is not maintained. The written documentation shall be subject to review and approval of the City Attorney and filed with Wright County. 21. The developer shell enter into a Planned Unit Development agreement, which includes all development plans and specifications, and specific land use and performance standards that must be adhered to throughout the life of the PUD. Said document will set forth the schedule, required financial security, amount and method of payment to satisfy payment of park dedication and other fees for the final plat. The PUD agreement shall be approved by the City Attorney. 22. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. 23. The developer shall provide the City with a reproducible copy of the recorded final plat, either c hronoflex or its equivalent, and two (2) prnts prior to issuance of a building permit for either lot. 24. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 25.The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents by October 3, 2000 will render the final plat null and void. 26.Any other conditions as set forth by the City Council, City staff, City Consultants or other agency responsible for review of this application. DISCUSSiON The final plat/PUD has been found by our review, to be: in substantial compliance with the preliminary plat/PUD. The are several outstanding conditions of preliminary plat approval which have been cited again, as final plat conditions. The outstanding conditions relate to the deed restrictions, covenants and home owner association agreements that should have been submitted with the preliminary plat. The situation as understood by our office is that the Page 4 1UN-01-2000 12:32 NAC 612 595 9937 P.06i13 original developer, K.C. Land Company is no longer the primary developer for the project and that the construction of the project hAe been taken over by the current applicant, Edina Development Corporation. The current applicant will need to resolve the deed restriction matters associated with the building restrictions within the Amoco and NSP easements as well as the numerous wetland setbacks, prior to the release of the final plat and prior to issuance of any building permits for the site. The subject site contains a number of lots that have restricted building envelopes and the City Council intended that the developer be responsible to notify future buyers of the various easements. To ensure that prospective buyers are aware of the building restrictions, conditions of approval require the developer to incorporate the restrictions in home owner association agreements or other deed restrictions that will be filed With Wright County for each lot. Additionally, the developer is required to provide the City with copies of sales literature identifying the location of the easements as well as all of the future park, trail and sidewalk improvements associated with the project. RECOMMENDATION To assist the City Council in formulating its recommendation, a draft Findings of Fact and Decision document has been prepared outlining the suggested conditions of approval for this project. The decision to approve or deny the requested preliminary and final plat of Albert Alas is viewed as a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions of approval should the decisions be made in favor of the developer. ACTIONS REQUESTED 1. A motion to approve, deny or conditionally approve the PUD final stage plan of Albert Villas pursuant to the conditions of the attached Findings of Fact and Decision. 2. A motion to approve, deny or conditionally approve the final plat of Albert 1,rllas pursuant to the conditions of the attached Findings of Fact and Decision. 3. A motion to adopt Resolution 2000-_ (Exhibit C of Finding of Fact) implementing the Comprehensive Plan amendment for the first stage of the development. 4. A motion to adopt Ordinance 2000 (Exhibit D of Findings of Fact) implementing the rezoning for the first stage of the development. pc: Mike Couri, Pete Carlson, Wayne Stark, Kevin Mealhouse, Chad Cichos, Denise Johnson, Edina Development Corporation, Matt Davitch Page 5 1 JU'-01-2t7�QE^ 12: 32 1.4pc 512 595 9837 P. 37%13 S u b1 ect Site JUN-01-2000 12 ! 33 ''4AC 612 595 9937 P . ae 13 CITY OF ALBERTVILLE City Council Findingsof Fact & Decision - Final Plat - PUD Final plan Applicant's Name: Altert Viill-as — Edina Development o ra ion Inc. Request: Edina Development Corporation Inc., has submitted the final plat and PUD final plan plans for a 41 lot, single family subdivision to be known as Albert Villas. The final plat is the first phase of development for the Albert Villas PUD which was approved by the City Council on January 18, 2000 for development of 170 single-family lots. The subject site is located in the southwest part of the City, with St. Michael bordering the site to the west, CSAH 18 bordering the site to the northeast. The subject site is zoned R-1A with an approved CUP/PUD which allows for lot area, width and setback flexibility. city council Meeting Date: 5 June 2000 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. S. The City Council Findings of Fact and Recommendation for the Comprehensive Plan Amendment, Rezoning, CUP/PUD (Concept PUD and Development PUD) and preliminary plat (dated 1-18-00) are incorporated herein. (Exhibit 6). C. The Memo dated 31 May 2000 prepared by NAC is incorporated herein. D. The letter dated May 11, 2000 prepared by S.E.H. is incorporated herein. (Exhibit F) E. The Comprehensive Plan Land Use Plan designation of the subject site is changed from AgriculturaVRural to Low Density Residential pursuant to City Council Resolution 2000-_. (Exhibit C) F. The Zoning District designation for the subject site is changed from A-1, Agricultural/Runal to R-1 A, Low Density Single Family pursuant to City of Albertville Ordinance 2000-_. (Exhibit D). G. Approval of a CUPIPUD for the subject site was granted by the City Council subject to the provisions and flexibility considerations outlined in the Findings of Fact and Decision dated 1-18-2000. (Exhibit 8). H. The PUD lot area, setback and dimension standards which are applicable to the final Albert Villas Final Plat Findings of Fact & Decision !IJN-01-2000 12:34 `+Ac 612 595 9837 P.09/13 plat are attached as Exhibit E. 1. The final plat of Albert Villas (with the conditions of approval outlined herein) is in substantial compliance with the approved CUP/PUD and preliminary plat. Decialon: Based on the foregoing considerations and applicable ordinances, the final plat and PUD final plan of Albert Villas is approved based on the most current plans and information received to date, subject to the following conditions: 1. All final transportation, grading, drainage, and utility plans are subject to review and approval of the City Engineer. 2. All easements are dedicated and/or given to the City subject to the approval of the City Engineer. 3. The final plat is amended to show a drainage and utility easement over the area shown as Outlot A. 4. A street lighting plate is submitted specifying the style, height, strengthMrattage and distribution of lights proposed within the development. Said lighting plan and the location of lights shall be subject to review and approval of the City Engineer. 5. All required driveway, utility, trail and other permits required IDy the City Engineer and/or Wright County shall be obtained by the applicant. B. A temporary turn -around facility and roadway easement is provided at the west end of 53', Street and at the southern and of Kahl Avenue, conforming to the cul-de-sac requirements of the Subdivision Ordinance, acceptable to the City Engineer. 7. The developer satisfies park dedication requirements as specified in the PUD development agreement 7. An asphalt trail is constructed along the south side of CSAH 18 (within the right-of-way), subject to the approval of the City Engineer. 8. The applicant submits letters from NSF and Amoco identifying that each entity has reviewed the plans and found them to be acceptable. S. Deed restrictions, in a form acceptable to the City Attorney are filed with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can be built within the easement areas. 10.The applicant provides the City with a copy of the lot sales literature that will be distributed to future homeowners, identifying NSP and Amoco easement building restrictions, the 20' required wetland setback area building restrictions, access easements to all storm water management ponds. 2 Albert Villas Final Plat Flndings of Fad & Decision JUN-01-2000 12:34 ,,PC 612 595 9837 P.10i13 11. The applicant provides the City with the proposed means to disclose the location of all parks, sidewalks and trails to future, prospective lot owners. 12. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements; covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each lot, at the time of final plat. 13. The developer indicates the timing and method for removing and/or relocating the existing buildings located on the subject site consistent with Sections 1400-1 and 900 of the Zoning Ordinance. 14. The developer indicates the proposed use of model homes consistent with Section 2200 of the Zoning Ordinance_ 1 The final plat is amended to delete Outlots A and 8 and extend the lot lines of Lot 1, Block 1 and Lots 1 through 9, Block 2 to the west edge of the plat. 18. The screening consisting of a berm and staggered rows of evergreen trees on the northerly side of Lot 1, Block 1 and Lots 8, 9 and 10, Block 1, (Concept Phasing and Landscape Plan of Albert Villas 2-8-O0), shall be planted/constructed prior to Issuance of a building permit for each respective lot. 17. The front and side yards (and/or any other yard which abuts a public street) of all lots shall be sodded Rear yards which do not abut a public street may be seeded and mulched. 18.A minimum of one shade tree or evergreen tree, conforming to the minimum size ,and species requirements of the Albertville Zoning Ordinance shall be planted prior to Issuance of an occupancy permit for each lot within the final plat. 19. An escrow for the landscape/screening materials in the amount equal to 150% of the estimated cost for said materials, is provided to assure installation and survivability of all required plantings. (All new plants shall be guaranteed for two full years from the time the planting has been completed). 20.If a subdivision identification sign is desired by the developer to identify the Albert Villas development, a sign plan is submitted for review and approval of the City Planner. Deed restrictions, covenants or other appropriate documentation shall be provided to identify that the private homeowners association shall be responsible for the maintenance of the grounds as well as the subdivision sign in perpetuity. Said documents shall also provide a clause allowing the City to remove the sign in the event that it is not maintained_ The written documentation shall be subject to review and approval of the City Attorney and filed with Wright County. 3 Albert Was Final Plat Findings of Fact & Decision SUN-01-2000 12:35 NAC 612 595 993? P.11i13 21.7he developer shall enter into a Planned Unit Development agreement, which includes all development plans and specifications, and specific land use and performance standards that must be adhered to throughout the life of the PUD. Said document will set forth the schedule, required financial security, amount and method of payment to satisfy payment of park dedication and other fees for the final plat. The PUD agreement shall be approved by the City Attorney. 22.A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. 23. The developer shall provide the City with a reproducible copy of the recorded final plat, either chronoflex or its equivalent, and two (2) prints prior to issuance of a building permit for either lot. 24. All fees associated with this project shall be paid prior to the release of the final plat mylars to the applicant. 26. The final plat, developer's agreement and all pertinent documents must be filed with Wright County within 120 days from the date of City Council approval of the final plat. Failure to record the documents by October 3, 2000 will render the final plat null and void. 26.Any other conditions as set forth by the City Coundil,,City staff, City Consultants or other agency responsible for review of this application. Adopted by the Albertville City Council this 5th day of June 2000. City of Albertville By: Attest: John A. Olson, Mayor By: Linda Goeb, City Administrator pc: Linda Goeb, Kevin Mealhouse, Mike Court, Pete Carlson, Wayne Stark, Chad Cichos, Denise Johnson, Edina Development Corporation Inc. and Matt Davitch. 4 Albert Was Final Plat Findings of Fad & Decision JUN-01-2000 12:36 NAC 5i2 595 9837 P,12/13 The West Half of tt County, Minnesota, northeasterly of the County Highway No. M. EXHIBIT A LEGAL DESCRIPTION e Southwest Quarter in Section 2, Township 120, Range 24, Wright except that part of the West Half of said Southwest Quarter tying centerline of County State Aid Highway No. 18, formerly known as 118, The Southeast Quarter of the Southwest Quarter in Section 2, Township 120, Range 24, Wright County, Minnesota, except that part lying northeasterly of County State Aid Highway No. 18, formerly known as County Highway No. 118, and also excepting that part tying easterly and southerly of County Ditch No. 9. And That part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota; lying southerly of County State Aid Highway No. 18, formerly known as County Highway No: 118, and westerly of County Ditch No. 9. ril That part of the Northwest Quarter of Section 11, Township 120, Range 24, Wright County, Minnesota, lying northerly of County Ditch No. 9, 5 EXHIBIT A Albert Villas Final Plat Findings of Fact & Aacfsion JUN-01-20W 12:36 vE.0 b12 595 9637 P.13%13 CITY OF ALBERIVILLE .. - - . _ • • U • JL.-. f R - - . .w. •..-:� 1-18-00 City Council Findings of Fact & Decision Comrrehensive Plan Amendment Rezoning CUPIPUD Preliminary Plat Request: K.C. Land Company has submitted plans for development of 336 single-family lots as part of the Albert Villas project. The subject site contains 235.17 acres of land, which is bounded on the east by Swamp Lake, the north by CSAH 18, the south and west by the City of St. Michael, The PUD concept plan covers the entire land holdings of the applicant. The developer desires to preliminary plat the part of the site (approximately 136.75 =98 located north of County Ditch #9) into 177 single-family lots. A Comprehensive Plan amendment will be necessary proposal in an area guided for agriculture and rural de zoned A-1, Agricultural/Rural. Rezoning to oUmej to accommodate the proposal. A Conditionecessary to allow flexibility from the stnsetbacks, lot area, and width. A prelimithe sitewill be necessary to allow dgyelo to allow the low density residential Yla ment. The property is currently Single Family, will be necessary nned Unit Development will be of the oning Ordinance related to W'-' of the north 136.75 acres of ots as proposed. Planning Commiselon Meeghf Da ;,'ipWber 1999, 12 October 1999, 9 November 1999 and 14 December 1999. Zh cal remanded consideration of park issues back to the Planning Commission ion at 11 January 2000 meeting). City Council Meeting Datdi: 3 January 2000, 18 January 2000. Findings cf Fact: Based upon review of the application and evidence received, the City Council now makes the following findings of fact and decision: a. The legal description of the subject property is attached as Exhibit A. b. The Planning Commission Findings of Fact and Recommendation for the Comprehensive Plan Amendment, Rezoning, CUP/PUD (Concept PUD and Development PUD) are incorporated herein. a The Planning Commission Findings of Fact and Recommendation for the preliminary plat is incorporated herein. s EXHIBIT B Albert Villas Final Plat Findings of Fact & Decision TOTAL P.13 JUN-01-2000 12:43 'NAC 612 595 98-7 P.01i12 d. The Planning Report, dated 8 September 1999, Memorandum, dated 2 November 1999, and Planning Report, dated 7 December 1999 prepared by NAC Inc., are incorporated herein. e. The memorandum from Pete Carlson dated October 8, 1999 is incorporated herein. f. The letter from BP Amoco P!peline dated November 18, 1999 is incorporated herein. g. The City Council finds the requested Comprehensive Plan amendment to change the land use designation of the subject site from Agricultural/Rural to Low Density Residential acceptable. (The entire 235.17-acre subject site Comprehensive Land Use Plan designation shall be changed from Agricultural/Rural to Low Density Residential). h. The City Council finds the requested rezoning from A, Agricultural/Rural to R-1A Low Density Single Family acceptable and in conformance with the rezoning criteria contained in the City's Zoning Ordinance. (The entire 235.17 acre subject site Zoning classification shall be changed from A, AgriculturaVRural to R-1A Low Density Single Family Residential). i, The City Council finds the requested ag.2 velopment Plan CUP/PUD to allow flexibility of lot width, area, irements acceptable and in conformance with the PUD criteria coZoning Ordinance, (for the 136.75-acre parcel located north of � uv- j. The proposed lot area, st and requirements identified on Exhibit B are acceptable as part ofrofccoli Kati d� elopment Plan CUP/PUD for the 136.75- acre parcel located nori in ). k. The City Council findsp#ffeTCminary plat acceptable. (170 single family lots with park proposal per atta&edExhibit C, for the 136.75-acres parcel located north of County Ditch #9). 1. 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. m. Tie proposed development will be compatible with present and future land uses of the area. n. The proposed use conforms with,all applicable Zoning Ordinance performance standards. o. The proposed use will not tend to or actually depreciate the area in which it is proposed. 7 EXHIBIT B Albert villas Final Plat Findings of Fad & Decision JUN-01-2000 12!4; -'AC G12 595 9537 P.02i12 p. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. q. Traffic generated by the proposed use is within capabilities of streets serving the property. r. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. s. The City has adopted a negative declaration for the EAW concerning this project. (EAW Negative Declaration was adopted by the City Council on January 3, 2000). Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Comprehensive Plan amendment, rezoning, conditional use permitiplanned unit development and preliminary plat based on the most current plans and information received to date subject to the following conditions. of The Albertville Comprehensive Land Use Plan is amended to change the land use from agricultural/rural to low density residential for the entire 235.17-acre subject site (including both the parcels on the north and south sides of County Ditch #9). Said amendment shall not be placed into effect until su Ime as the final plat is approved by the City. 2. The entire 25.17-acre subject sit bat cels on the north and south sides of County Ditch #9) is rezo m A- Ito R-1A Low Density Single Family. Said rezoning placedo until such a time as the final plat is approved by the City. e s 3. A Conditional Use P Development is approved to allow flexibility for lot width, area, and setb outlined on attached Exhibits B and park areas as set forth on Exhibit C for the 75-acre parcel located north of County Ditch #9. 4. A Planned Unit Development agreement is prepared which includes all development plans and specifications, and specific land use and performance standards, which must be adhered to throughout the life of the PUD. The City Attorney shall approve said document. S. The preliminary plat of Albert Villas is approved for the development of 170 lots and a 6.9-acre park, subject to the conditions outlined herein. 6. The number of building permits that will be issued to the project shall be limited to 50 until such a time as the entire length of Kahl AvenueW4 Street/Kallard Avenue is installed to provide a secondary access to the development. 8 EXHIBIT B Albert Villas Final Plat Findings of Faint $ Decision JUN-01-2000 12:45 14AC 612 595 9937 P.03%12 7. The City's park and trail dedication requirements are satisfied as discussed herein. a. Based upon the City's Subdivision Ordinance a 10% park land and/or cash dedication is required "for the total subdivision area." Said dedication is equal to approximately 19.5 acres for the entire project, (both the areas north and south of County Ditch 0) cash or combination of land and cash as determined by the City Council. b. The park land dedication shall consist of approximately 6.9 acres of land (as shown on Exhibit C) located southeast of the intersection of Kahl and Kaiser Avenue. The land comprises approximately 71 % of the required dedication for the preliminary plat. A cash contribution of approximately $64,090 dollars will also be required. (The specific land and cash amounts will be determined at the time of final plat with land calculations and/or lard value information to be provided by the applicant). The area south of County Ditch #9 will require an additional park dedication of 9.8 acres at the time later phases of the project are platted. c. A trail and sidewalk system shall be constructed as shown on the preliminary plat and the cost for installation of these systems be counted as credit toward the above mentioned park deW d. The preliminary plat is amt tr ' own along the north side of J52"d Street and along the , Block 4. e. The preliminary!,se emend iA a an asphalt trail along the south side of CSAH 18 as op t Ik at is shown. , The pro Iimina ilb %mended to delete park A and either extend the lot lines of adjacent lots - 0, Block 12 or plat the area as an outiot for storm water management purposes. Park dedication credit should not be given for this area, as it is not usable for recreation purposes, with the exception of the trail corridor, which shall be credited pursuant to the Subdivision Ordinance, 9. All grading, drainage, utility, wetland mitigation and transportation issues shall be subject to review and approval of the City Engineer. 10. A complete set of revised preliminary plat and PUD plans (1" — 100' scale and one copy reduced to 11" x 170) shall be submitted to the City of Albertville, City Planner (NAC Inc,) and the City Engineer (S.E.H.), within 30 days of City Council approval, incorporating all conditions of approval. The preliminary plat and PUD will serve as the guide for all future final plat applications for this project. 9 EXHIBIT B Albert Villas Final Plat Findings of Fad & Decision JUN-01-2000 12:45 NAC 512 595 9237 P.N/12 11. The applicant shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can be built within the easement areas. 12. The applicant shall provide the City with a copy of the lot sales literature that will be distributed to future homeowners, identifying NSP and Amoco easement bullding restrictions, the 20' required wetland setback area building restrictions and the means to disclose the location of all parks to future lot owners. 13. A property maintenance agreement and property owners association covenants are prepared by the applicant and submitted to the City Attorney for review and approval subject to the requirements of Sections 1100 and 2700 of the City Zoning Ordinance. The agreements, covenants, and restrictions are to be filed with the Wright County Recorder's office as a deed restriction against the title of each lot, at the time of final plat 14. The applicant submits documentation from NSP and Amoco identifying that each entity has reviewed the preliminary plat and that the proposed improvements are a oeptable to each entity. 15. The developer indicates the timing and method emoving and/or relocating the existing buildings located on the subject site 'th Sections 14�00-1 and 900 of the Zoning Ordinance. 16. The developer indicates the prppo ' of consistent with Section 2200 of the Zoning Ordinajyle17. The applicant providproof the form of an abstract of title or registered property abstract tT d showing the petitioners have legal ownership of the property. 18. Any other conditions as set forth by other City Staff the Planning Commission or City Council. NOTE: The Subdivision Ordinance specifies that final plats must be submitted within 100 days of preliminary plat approval or the preliminary plat will become null and void. Adopted by the Albertville City Council this I Mh day of January 2000. City of Albertville By: Attest: John A. Olson, Mayor By: Linda Goeb, City Administrator 10 EXHIBIT B Albert Villas Final Plat Findings of Fact & Decision JU'�-01-200U 12:46 SAC 51 595 997? P.05,E12 CITY OF ALBERTVILLE RESOLUTION # 2000 A RESOLUTION OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA TO AMEND THE COMPREHENSWE PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY WITHIN THE PROJECT KNOWN AS ALBERT VILLAS. WHEREAS, the protect commonly known as Albert Villas PUD (a 170 lot, single family development located northerly of County Ditch #9 and southerly of CSAH 18), was reviewed at seven public meetings held on 14 September 1999, 12 October 1999, 9 November 1999 and 14 December 1999; 3 January 2000, 11 January 2000; and 16 January 2000; and WHEREAS, a public hearing to consider the proposal to change the land use designation of the136_75 acre subject site from Agricultural/Rural to Low Density Residential was heid by the Planning Commission on September 14, 1999, October 12, 1999, November 9, 1999 and December 14, 1999; and WHEREAS, notice of the public hearing on said motion was duly published and posted in accordance with the applicable Minnesota Statutes and persons attending were afforded the opportunity to comment on said amendment; and WHEREAS, the Planning Commission recommended approval of the proposed Comprehensive Plan amendment; and WHEREAS, the City Council held public meetings on 3 January 2000, 18 January 2000 to consider the Comprehensive Plan amendment and persons attending wvre afforded the opportunity to comment or said amendment, and WHEREAS, can January 18, 2000 the City Council of Albertville approved the Comprehensive Plan amendment (pursuant to the conditions of the Findings of Fact and Decision dated 1-18-00), and WHEREAS, the implementation of the Comprehensive Plan land use designation changes are to occur at the time of final plat for each phase of the development, and WHEREAS, the final plat of the first phase of the development to be known as "Albert Villas", was considered and approved by the City Council on June 5, 2000. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota that the Comprehensive Plan amendment to change the land use designation cf the subject site "Albert Villas" final plat, to Low Derzity Residential is hereby approved. 11 EXHIBIT C Albert villas Final Plat Findings of Fad & Decision JUN-01-2000 12:47 NAC 612 595 9@37 P.06i12 BE IT FURTHER RESOLVED, that upon adoption, thie resolution shall be filed with the Wright County Recorder's Office. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 5a' day of June 2000. ATTEST: BY: Linda Goeb, City Administrator CITY OF ALBERTVILLE [:w John A. Olson, Mayor 12 EXHIBIT C Albert Villas Final Plat Findings of Fact & Decision SUN-01-2020 12:47 'NAC 612 595 9937 P.07/12 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2000- AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ALBERTVILLE TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION, THE CITY COUNCIL OF THE CITY OF ALBERTVILLE HEREBY ORDAINS: SECTION 1. SECTION 300 ADMINISTRATION -AMENDMENTS (TEXT AND MAP) OF THE ALBERTVILLE ZONING ORDINANCE IS HEREBY AMENDED TO CHANGE THE ZONING CLA331FICATION OF THE FOLLOWING LEGALLY DESCRIBED PROPERTY. LEQAL DESCRIPTION The West Half of the Southwest Quarter in Section 2, Township 120, Range 24, Wright County, Minnesota, except that part of the West Half of said Southwest Quarter lying northeasterly of the centerline of County State Aid Highway No_ 18, formerly known as County Highway No. 118. And The Southeast Quarter of the Southwest Quarter in Section 2, Township 120, Range 24, Wright County, Minnesota, except that part lying northeasterly of County State Aid Highway No. 15, formerly known as County Highway No. 118, and also excepting that part lying easterly and southerly of County Ditch No. 9. And That part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 2, Township 120, Range 24, Wright County, Minnesota, lying southerly of County State Aid Highway No. 18, formerly known as County Highway No. 118, and westerly of County Ditch No. 9, 0 That part of the Northwest Quarter of Section 11, Township 120, Range 24, Wright County, Minnesota, lying northerly of County Ditch No. 9_ 13 EXHIBIT D Albert Was Final Plat Findings of Fad & Declslon JUN-01-2000 12:48 NAC 612 595 9837 P.0&112 t SECTION 2. THE ABOVE DESCRIBED PROPERTY IS HEREBY REZONED FROM A•1, AGRICULTURAL RURAL TO R-1A, LOW DENSITY SINGLE FAMILY. SECTION 3. THE ZONING ADMINISTRATOR IS HEREBY DIRECTED TO MAKE THE APPROPRIATE CHANGE TO THE OFFICIAL ZONING MAP- OF THE CITY OF ALBERTVILLE TO REFLECT THE CHANGE IN ZONING CLASSIFICATION AS SET FORTH ABOVE. SECTION 4. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON fTS PASSAGE AND PUBLICATION. ADOPTED by the Albertville City Council this 5th day of June 2000. ATTEST: M Lirrde Goeb, City Administrator CITY OF ALBERTVILLE BY: John A. Olson, Mayor 14 EXHIBIT D Albert MikS Final Plat Fincings of Fad. & Decision 7Ur,-01-2000 12:48 ";Ac 6_2 595 9837 P.09i12 Lot Area, Setback, Height and Coverage Requirements, RI -A DisVICt Required Original Proposal Revised Proposal Density (Units per Acre) 2.9 1.34 1,30 Minimum Lot Area 15,000 sf 80 lots (44%) 12,524 sq. ft. Range of Lot Sizes 13,000 sf 12,605 - 35,647 sf 12,624 - 38,871 sq. ft. Required Minimum Useable 12,000 sf 30 lots (16% s 12,000 Upland lot area above O-HI- 12,000) W (80% of required lot area must be above O-H-W) Lot Width 100 feet 80 -150 feet (143 or 85 feet minimum 79% of the lots are 95.04 feet average less than 1 00'wide) Lot Width Comer Lot 12C feet 90 - 130 feet 100 feet minimum 2 Lots (10%) conform (except 2 lots are 95 feet' to requirement Average Lot Width Comer 101 feet 105.1 Lot Buffer Yard Lot Depth (lots 170 feet 105 feet' 170 feet except Block 9 which adjacent to arterial or major has 155 foot lots collector streets) Buffer Yard Oot width 25 feet 10 feet 10 feet requirements for side yards) Setback (PUD Periphery) 35 feet Unknown 35 feet Setbacks (front) 30 feet 30 feet 30 feet (side -interior) 15 feet 10 feet 10 feet f (side -corner) 30 feet (side 20 feet 20 feet yard abutting Ij a public l street) (rear) 25 feet 30 feet 30 feet Weiland setback from O-H- 20 feet Unknown 20 feet W Building Height Maximum 35 feet unknown 125Npercent 35 feet Maximum Lot Coverage far 25 percent of Unknown of lot area Structures lot area Minimum Floor Area per 2 BR 960 sq. Unknown ; 2 BR 960 sq. ft. above ground Dwelling Unit "t. above 3 BR 1,040 sq. ft. above ground ground 3 BR 1,040 i sq, ft, above ground 15 EXHIBIT E Aibert Villas Final Plat Findings of Fad & Decision SAC 612 595 9837 P.10,'12 JUr+-01-2000 12! 49 AMW May 11, 2000 Mr. Chuck Plowe Project Engineer Plowe Engineering 4180 Lexington Avenue NE Circle Pines, MN 55014 Dear Chuck: 1200 25th Avenue Sotdh, P.0, Box 1717, St. Cloud, MN 51i302 1717 8Z03Z9.4300 320.229.4301 FAX architecture angineering enoironmenial iranspurtatioa RECEIVED ,i,�sY I RE: Albertville,l✓iinnesota Albert Villas - Phase 1 Plan Review SEH No. A-ALBEV 0002.00 14 I reviewed the street and utility plan for Phase 1 of the Albert Villas subdivision stabmitted by Matt Davich of E.G. Rud & Sons, Inc., and have the following comments: General Comments: 1) Include City standard details and typical street sections relevant to this project in the complete plan set. 2) Add signature block to cover sheet per City standard detail GEN-3. }) Include benchmark descriptions on each plan sheet. 4) Show extents of improvements along Jason Avenue (CSAH 18), including turn lanes (if rcgwred by Wright County) and proposed wetter main. Sanitary Sewer and Water Main Comments: 1) Annotate existing and proposed centerline profiles. 2) Locate high points on water main at hydrants to avoid air pockets within water main. Where this cannot be done, water main will need to be installed with more than 7.5 feet minimum cover. 3) Show all storm sewer crossings on profile view mid annotate. 4) Verify that .sanitary service locations are stationed per downstream manhole as written in notes and not stationed per street centerline. 5) Extend bath sanitary and water services 10 feet past property line on all streets with sidewalk on that side, otherwise, up to the property line as shown. 6) Show all services perpendicular to main, except where bends, are used. Strect and Storm Sewer Comments: l) Include all alignment curve annotation such as PCs, Pls, PTs, curve radius, curve length, and delta angles an plan view. 2) Annotate apron locations on plan and profile views similar to manholes and catch basins. 3) Dimension right -of --way width on plan view. 4) Show sput elevations at all curb returns with drainage arrows. 5) Show centerline stations and elevations at end of streets and center of cul-de-sacs on profile. EXHIBIT F Short Eillott Hendrickson Inc. Offices located throughout the Upper Midwest ilk help you plan, d"04 and achkve. 2ma 1U11,-01-2000 12:49 r'AC 612 595 98-77 P.11i12 Chuck Plowe May 11, 2000 Page 2 6) Note that temporary cul-de-sacs shall have 6 inches of Class 5 aggregate, and show radius length. Sheet 2: 1) Revise sanitary sewer main by lift station as shown on plans. 2) Show hydrant lead at hydrant between Lots 5 and 6 on plan view. 3) Add 8 inch gate valve at intersection on Kahl Avenue and Jason Avenue, along Kahl Avenue. Sheet 3: 1) Rim elevation of manhole #1, 954.17 or 954.20? 2) Include 8 inch PVC stub out to west at manhole #10. 3) Two services are shown to Lot 1 and Lot 9 of Block 3, only need one. 4) Move 8 inch gate valve at centerline station 10+75 to centerline station 7-r30. Shot 4: 1) Remove storm sewer information from profile. 2) Rim elevation of manhole 49, 956.03 or 956.067 3) Show outside manhole drops on profile with heights. 4) Show temporary cul-de-sac on 53rd Avenue in plan view: Sheet S: 1) Catch basin #9 is mi labeled as catch basin #8 on plan view. 2) Show street intersection of Kahl Avenue and Jason Avenue with Kalil Avenue widened for 3 lanes of traffic, one lane _'or access, and two lanes for exit as shown on plan. 3) Show where street section erids with centerline stationing at south end of Kahl Avenue. 4) Show vertical curve information, for PVTs at centerline station 1+00 and 8+70.28. 5) Invert elevations on 12 inch R,',,P culvert along Jason Avenue are same at both ends, please revise. 6) lnc(:mrect pipe slope between catch batiin 43 and catch basin #5 based on invert elevations. 7) 4:1 minimum side slopes at 30 inch RCP culvert. Anmotate on profile and extend culvert if needed. 8) Show ditch grades and typical section between 30 inch RCP culvert and m- anbole #4. Sheer. 6: 1) Show where street section ends with centerline stationing at west end of 53rd Avenue. 2) K.agan Avenue labeled as Yagcn Street, please revise. 3) Label 15 inch RCP culvert at west end on plan view :and show on profile view. Sheet 7: 1) Show catch: basins #6 and #1on profile view. Sh&t 8: 1) 1.abel manholes on plan view. 2) Azinotate side slopes on profile view. JUN-91-2000 12:50 G12 595 9837 P.12r12 'Chuck Plowe May 11, 2000 Page 3 Please revise and resubmit the street and utility plan for review. Sincerely, Wayae Project Engineer dJ$ Enclosure e: Pete Carlson, SPH Linda Goeb, City o.t' Albertvi•lle Deb Garross, Northwest Associated w.4UAC• MDr-1COMmyf : alV.L.doc TOiA- P.12 admor TRAN AsEfl 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 320.229.4301 FAX to: Honorable Mayor and City Council c/o Linda Goeb RE: 2000 Barthel Industrial Drive June 1, 2000 Date A-ALBEV 0008.00 14 File Number and Location Client Number We are ® Enclosing ❑ Sending Under Separate Cover ❑ As Requested 1 — Opinion of Probable Cost, 06/01/00 1 — Set of Exhibits A-C For your ® Information/Records ❑ Review ❑ Approval ❑ Action ❑ Distribution ❑ Revision and resubmittal REMARKS. To present at June 5, 2000 Council Meeting. BY. Wayne Stark, P.E. Wcs docut ntB Short Elliott Hendrickson Inc. • Offices located throughout the Upper Midwest We help you plan, design. aW achieve 4/00 • Equal Opportunity Employer i / 3'N 3nN3AV 831S --- , Ul-- r / � EZ z '3 I I W _ W O H 1 �% O O tf1 -- r1�/ I I 1 I I � pgIVE I PPt � 0 I I u6p•dowlay4.-joq\+-JOda-J\9000\AagID\:M 31IJ H3S rid 9£°6£:ZI OOOZ/I£/SO 3(1NW rr 3M016VVW ; o F-- i--� W , W F— V) o a � c Ln a x W 0 W o = a o a N ~ = U , W W Vf N O r� O U u6p•4nlgy4-Joq\4-Jodgu\g000\^gglo\:M 3-113 H3S rid ZME:ZI OOOZ/IE/SO 3nrv-q � H 3Mo16dw 0 0 w — w 0 z N m K ~ V' W _ W W I F ~ W N m W v W m cr m ~ U N m N w m m O 1n W O X a cr W O I a W W H N W 0 3 O M X W C.� I— UbP*-J4-sIay4-Joq\4.10da-J\g000\AOgID\:M 31IJ H3S Ad SZ:Ib=ZI OOOZ/I£/SO r AW S 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX architecture engineering environmental transportation 2000 Barthel Industrial Drive Albertville, MN SEH NO. A-ALBEV 0008.00 OPINION OF PROBABLE COST 06/05/00 ITEM UNIT OF APPROXIMATE UNIT NO. ITEM DESCRIPTION MEASUREMENT QUANTITY PRICE AMOUNT STREET 1 COMMON EXCAVATION (P) CU YD 1,865.00 $4.00 $7,460.00 2 CLASS 5 AGGREGATE BASE TON 1,950.00 $10.00 $19,500.00 3 SELECT GRANULAR BORROW TON 4,350.00 $4.00 $17,400.00 4 GEOTEXTILE FABRIC SQ YD 4,350.00 $1.00 $4,350.00 5 BITUMINOUS BASE TON 540.00 $28.00 $15,120.00 6 BITUMINOUS BINDER TON 325.00 $28.00 $9,100.00 7 BITUMINOUS WEAR TON 325.00 $30.00 $9,750.00 8 BITUMINOUS TACK COAT GAL 400.00 $1.00 $400.00 9 4" PE DRAIN TILE LIN FT 1,770.00 $4.00 $7,080.00 10 COARSE FILTER AGGREGATE TON 150.00 $15.00 $2,250.00 11 CURB AND GUTTER LIN FT 1,770.00 $7.00 $12,390.00 12 SODDING SQ YD 400.00 $3.00 $1,200.00 13 RESTORATION ACRE 1.00 $1,500.00 $1,500.00 WATER MAIN 14 12" DI WATER MAIN, CLASS 50 LIN FT 890.00 $30.00 $26,700.00 15 16"X12" WATER TAP EACH 1.00 $2,500.00 $2,500.00 16 16" BUTTERFLY VALVE EACH 1.00 $1,700.00 $1,700.00 17 CONNECT TO EXISTING WATER MAIN EACH 1.00 $500.00 $500.00 18 JACK/BORE 24" CASING PIPE LIN FT 70.00 $150.00 $10,500.00 CONSTRUCTION $149,400.00 CONTINGENCY $14,940.00 ENGINEERING $24,651.00 FINANCE $14,940.00 LEGAL & ADMINISTRATION $2,988.00 ESTIMATED TOTAL COST $206,919.00 w:\albev\0008\report\Est-06-05-00.xls 1 6/1 /00 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan, design, and achieve Adow 3535 Vadnais Center Drive. 200 SEH Center, St. Paul, MN 55110-5108 651.490. AV architecture engineering environmental 5 C - • June 1, 2000 RE: Albertville, Minnesota W WTP SEH No. A-ALBEV0005.00 Ms. Linda Goeb City Clerk City of Albertville 5975 Main Avenue NE P. O. Box 9 Albertville, MN 55301-0009 Dear Linda: Attached to this letter is an Analysis of Bids for the Wastewater Treatment Plant Modifications. The analysis provides a discussion of numerous items which can be either modified or omitted from the project to reduce the project cost. The wastewater treatment plant alternatives presented in the facilities plan were reevaluated after the bid opening to insure that the oxidation ditch and reed beds (Alternative 3c) are still the best option in light of the bid amount being higher than the estimated construction cost used in the evaluation. The feasible alternatives included modifications to the ponds, sequencing batch reactors and Biolac pond modifications, in addition to the oxidation ditch/reed bed alternative that was ultimately selected. The actual cost for the major components of work from Gridor Construction's bid were compared to the cost estimates developed as part of the facility plan, and after completion of the plans and specifications. The as -bid costs for several significant components, including electrical and instrumentation and control, masonry, site piping and pre -cast concrete tank covers were significantly higher than the amount used in the pre -bid estimates. As these items are included in each alternative, the estimated construction costs for the other alternatives were also low. The results of the cost analysis would not be expected to change. The estimated costs for other major items in addition to those that are common to all the alternatives were also reviewed. As an example, the pond expansion alternative included effluent filters to insure that the suspended solids limit could be met during periods when algae concentrations are high. The estimated costs for the filters appeared low (approximately $125,000 to $150,000) when we compared them to another recent project that involved effluent filters. This would increase the cost of the pond alternative. The facility plan found that the feasible alternatives were essentially equivalent with respect to their life cycle or present worth costs. This review would indicate that the construction costs estimates for all the alternatives were low, but that the results of the present worth analysis would still be valid. The non -monetary factors that were evaluated during the facility plan have not changed, and therefore the oxidation ditch/reed bed alternative would have been recommended even if the original facility plan cost estimates were as high as the bid cost. Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan, design, and achieve. Ms. Linda Goeb June 1, 2000 Page 2 I will attend the June 5, 2000 Council meeting to discuss these items if the Council so desires. Sincerely, Short Elliott Hendrickson Inc. John H. Stodola, P.E. sah Attachment c: Pete Carlson, SEH \\spfiles I\corpioc\wp\projects\ab\albev\0005\goeb.j01. doc ALBERTVILLE, MINNESOTA WASTEWATER TREATMENT PLANT MODIFICATIONS BID ANALYSIS JUNE 1, 2000 Bids for the wastewater treatment plant modifications were opened on May 4, 2000. Four bids were received from the following contractors for the amounts indicated: Gridor Construction Inc. $2,976,000 Rice Lake Contracting Corp. $3,226,000 Madsen —Johnson Corp. $3,336,000 Moorhead Construction Co., Inc. $3,377,000 All four contractors have extensive experience with construction of wastewater treatment facilities. The low bid from Gridor is approximately 8 percent ($250,000) less than the second low bid. Gridor has their corporate office in Plymouth, Minnesota, and is also the contractor for the St. Michael wastewater treatment plant currently under construction. Their low bid reflects their ability to minimize overhead costs and maximize their work force with two projects in close proximity to each other. Engineer's Estimate The most recent engineer's estimate for the project was $2,658,000 which is almost 9 percent ($318,000) lower than Gridor's bid. Numerous meetings were held with Gridor to: 1) compare the cost for specific items included in the bid and compare to the engineer's estimated cost, and 2) identify items that could reasonably be removed or modified to reduce the bid amount. Any reduction in bid amount must be accomplished by a change order following award of the project and contract approval. The two items with the greatest discrepancy from the estimate and final bid were: 1) the electrical which includes controls and instrumentation, and 2) piping and valves. The engineer's estimate for the electrical work was $356,000. The lowest quote plus Gridor's mark—ups was $490,000, which is $134,000 higher than estimated. Gridor received three quotes from electrical subcontractors. It is apparent from these quotes and other recent projects that the cost for electrical/controls and instrumentation has escalated due to the demand for this specialized work and a current shortage in its labor force. Electrical Installation and Maintenance Co. (EIM) provided Gridor with the low quote and is anticipating a substantial increase in hourly wages for electricians, etc. This contributed to a higher than expected electrical cost. The cost for piping and valves in Gridor's bid is approximately $498,000. A comparable cost from the engineer's estimate is $415,000, or $83,000 lower than the bid amount. A thorough review of the engineer's estimate revealed that, in general, estimates were low for valves and piping. Other items that showed substantial difference from bid to estimate were as follows: Albertville, Minnesota Wastewater Treatment Plant Modifications Bid Analysis June 1, 2000 Page No. 2 Item Engineer's Estimate Bid Amount Difference Precast Plank $23,100 $69,000 $45,900 Masonry (Control Building) $35,000 $54,900 $19,900 Miscellaneous Metals, Slide Gates $96,900 $123,000 $26,100 Finished Work (Sidewalks, Paving, Curb, Class 5, Seed) $67,000 $99,000 $32,000 HeatingNent./Plumbing (Control Building) $95,000 $108,000 $13,000 These seven (7) items provide a cost difference of $353,900 which exceeds the difference between the estimate and the bid. The cost for the process equipment for the oxidation ditch system was actually slightly lower in the bid ($534,100) than the estimated cost ($539,500). However, one item, the blower assemblies, was higher than the estimated cost by $21,300. Process equipment included in these costs and evaluated were the main lift station pumps, the return sludge pumps, submersible grinder pumps, submersible vortex pump, the static screens, the screenings press, screw conveyor, high pressure washer, submersible mixers, oxidation ditch aerators, clarifier mechanism, blower assemblies, aeration diffuser system and ultraviolet disinfection. Plans and specifications were reviewed thoroughly independently and with Gridor to identify areas where costs could be reduced. Some changes are proposed in the design of structures that do not reduce process control or flexibility of operation. These changes were all reviewed and discussed with both John Middendorf and Pete Carlson. During review of costs and determination of net deduct amounts, Gridor was willing to share their bid takeoffs and costs to enable us to determine a complete and fair deduct amount. All net deducts include other related items that are not presented separately and also include Gridor's mark—ups for the deducted items. There are a total of 24 items listed for which net deduct amounts have been determined. Items 1 through 19 appear to be the most reasonable to eliminate from the project. These items have a total net deduct amount of $212,600. Deducting this amount from the bid cost results in an initial cost of $2,763,400. Items 20 through 24 have a net deduct amount of $31,500. All items need Council consideration and approval if they are to be omitted from the project. The following provides a brief description of each of the 24 items. Electrical Ductbank — Plan and specification documents require the plant electrical ductbanks (conduit runs) to be encased in concrete. This is often done to protect the conduits during future excavation. These ductbanks are frequently designed and installed without concrete encasement. The net deduct for eliminating the concrete for electrical ductbanks is $9,500 2. Light Fixture — Change light fixture to an approved equal. Net deduct for light fixture change is $500 Albertville, Minnesota Wastewater Treatment Plant Modifications Bid Analysis June 1, 2000 Page No. 3 3. Oxidation Ditch Motorized Weir — Instrumentation and controls currently provide for maintaining and controlling the dissolved oxygen in the oxidation ditch by two modes. The primary mode is to use variable frequency drives on the oxidation ditch brush rotors. Varying the speed of the brush rotors will vary the amount of oxygen added to the wastewater. The secondary mode utilizes a motor operated effluent weir that will automatically raise or lower creating a change in the water depth and consequently affecting the transfer of dissolved oxygen. It is proposed that the primary automatic mode using variable frequency drives be retained, but that the secondary mode be changed from automatic operation to manual adjustment. This results in a savings in both the control programming and also conduit and hardwiring to/from the oxidation ditch effluent weir. The primary automatic mode is fully capable of regulating the dissolved oxygen. The net deduct for omitting a motorized weir is $2,000 4. 18" D.I.P. Raw Sewage Pipe — Plan documents (Sheet G6) require yard process pipe segment number 2 to be D.I.P. (ductile iron pipe) and shows two wye fittings for connecting 4" drain lines from the existing control building and the new control building. Changing this line to PVC material and using strap —on saddle wyes results in a net savings. The net deduct for using PVC pipe for pipeline 2 is $5,400 5. Mechanical Joint Fittings — Specifications require mechanical joint fittings to meet AWWA standard C110. This has been the industry standard, however many municipalities are now allowing other alternatives. Allowing mechanical joint fittings that meet C153 (compact fittings) results in a substantial savings due to the lighter weight fittings. These fittings are lighter because their lengths are shorter. Changing the requirement to C153 has no negative effect on the strength of the pipe system. The net deduct for changing mechanical joint fittings to meet C153 is $18,000 6. Flow Splitter No. 1/Anaerobic Anoxic Selector/Flow Splitter No. 2 — The bid documents provided separate structures for Flow Splitter No. 1, the Anaerobic Anoxic Selector and Flow Splitter No. 2. This has been a standard practice in the industry and has been used by system process suppliers for many years. These three structures could be combined using common wall construction. The same process control and flexibility would be maintained. Common wall construction results in a significant savings in concrete and piping The net deduct for concrete and reinforcing steel is $12,800 The net deduct for D.I.P. pipe and fittings is $4,500 Albertville, Minnesota Wastewater Treatment Plant Modifications Bid Analysis June 1, 2000 Page No. 4 7. Precast Roof Slabs for Anoxic Selectors and Sludge Dosing Tanks — The two anaerobic anoxic selector basins and the two sludge dosing tanks are designed with solid precast roof slabs for covers. Some treatment plants with similar basins have the covers while others don't. These covers were reviewed with certified Class A operators and it was determined that these covers are not necessary for the process and are an added expense. Eliminating the covers also results in other associated savings such as painting the underside of the covers and eliminating two 12-inch air vents from the selector basins. Additional concrete/reinforcing steel costs related to these modifications are included in the net deduct for concrete and reinforcing steel under Item No. 6. The net deduct for omitting these covers is The net deduct in painting is The net deduct for eliminating air vents is $51,200 $1,800 $2,500 8. Control Building Precast Roof Plank — If precast slabs are omitted from the project, a different subcontractor will provide a lower price for the control building precast roof plank. Gridor is willing to change subcontractors resulting in a savings. The net deduct for the control building precast planks is $5,400 9. Masonry Building — The new control building was designed with a decorative split face block and insulation inserts. It is proposed that the split face block be changed to rock face block. Rock face does not have the vertical lines on the face of the block that is characteristic of a split face block, but is otherwise comparable. Also, the insulation inserts are labor intensive and foam insulation can be installed. The net deduct for changing to rock face block is The net change for using foam insulation is $900 $4,700 10. Miscellaneous Metals — Combining structures as done under Item 6 and eliminating precast roof plank results in a net reduction in railings, stairways and access hatches. The net deduct in miscellaneous metals is $7,500 11. Aluminum Slide Gates and Frames — The plans identify aluminum slide gates with frame and actuator to stop flow at any flow splitter structure. This was done to match the existing diversion structures. This can also be accomplished in a much more economical fashion by using stop plates that are manually inserted in the embedded frame. It is proposed that all but two of the slide gates and frames be replaced with stop plates. The net deduct for changing slide gate and frames to stop plates is $6,800 Albertville, Minnesota Wastewater Treatment Plant Modifications Bid Analysis June 1, 2000 Page No. 5 12. Laboratory Equipment — Specified laboratory equipment was reviewed with the City's operator. It was determined that many of the tests would not be performed on site, and the associated equipment can be eliminated. The items under Specification Section 11600 that are proposed to be eliminated are the following: 2.01 pH/ISE/MV Meter 2.02 BOD Bottle Oxygen Probe 2.04 Top Loading Balance 2.07 Refrigerated Incubator 2.08 Laboratory Refrigerator 2.10 Glass Still 2.12 Lightweight Sterilizer 2.13 Low Power Microscope 2.14 Sludge Blanket Detector (deduct one only) 2.16 Self Containing Breathing Apparatus 2.18 Supplies and Accessories 2.19 Reagents The net deduct for eliminating the referenced laboratory equipment and supplies is $33,700 13. Spare Submersible Mixer — Specification Section 11323 requires a spare submersible mixer. One mixer will be installed in each of the anaerobic anoxic selectors. The specification also requires that a basic overhaul kit consisting of bearings, seals and O—rings be provided. It is proposed that a spare mixer, that possibly would not be used for a long time, not be provided. The net deduct for the spare mixer is $3,300 14. Blower Assemblies — Two blower assemblies with acoustical housing are specified. A single manufacturer was specified as the base bid with alternates allowed with deducts. Gridor used the quotation from the specified blower supplier even though they received a lower quote from an alternate blower supplier. The local supplier of the base bid blower was contacted and informed that an alternate blower would be selected unless their price was reduced to match that for the alternate equipment. The price was reduced and the specified blower will be installed. The net deduct for this item is $19,400 15. Epoxy Resin Floor and Ceramic Tile — Plans and specifications require a composition epoxy resin floor finish in the laboratory/office areas of the control building. It is proposed that this be changed to a vinyl floor tile. The net deduct for changing from epoxy resin to vinyl floor tile is $1,500 Albertville, Minnesota Wastewater Treatment Plant Modifications Bid Analysis June 1, 2000 Page No. 6 Documents also require ceramic tile for the shower walls and bathroom floors. It is proposed that the block be sealed properly and painted to reflect water and that vinyl floor tile be used in the bathroom area. The net deduct for eliminating ceramic tile in the shower stall and bathroom floors is $2,300 16. Concrete Sidewalks — Within the plant layout there are approximately 1,027 lineal feet of 4—foot wide concrete sidewalk. Gridor's unit price for this is $2.43 per square foot. It is proposed that the sidewalks be removed from Gridor's contract and be constructed in the future after the exact route for sidewalks is known. Concrete stoops/aprons at all doors would still be constructed as would concrete steps up to tanks, concrete pads at stairways and the concrete sidewalk at the ultraviolet disinfection channel. The net deduct for eliminating the concrete sidewalks is $10,000 17. Fill Material — In reviewing potential changes with Mr: Middendorf, it was requested that the top of grade be four (4) feet below the top of tank wall. This was requested to provide extra safety. A standard handrail height is 42" (35). The plan design provided for grade to be 42" below top of wall. The site grading was changed to provide a minimum of 4 feet between top of tank and grade for the oxidation ditch, the anaerobic anoxic selector basins and the sludge dosing tanks. No additional rebar was required for this minor change. This change in grading does result in a slight reduction of fill material. The net deduct for reduction in fill material is $1,000 18. Topsoil and Seed — Plan documents call for 4" of topsoil and seed on all dike areas in the secondary pond and the secondary pond bottom. It was suggested by the City Engineer that adequate material could be obtained from other future City projects and spread over this area. The net deduct for eliminating the topsoil and seed from the pond bottom is $4,800 The net deduct for eliminating the topsoil and seed from the pond dikes is $900 19. Class 5 — Plan documents call for 12" of Class 5 under 3" of bituminous. Apparently this is a standard for City streets, but is not necessary at the treatment plant due to infrequent heavy loads. It is proposed that the plant road/paved section be changed to 3" bituminous and only 8" of Class 5. The net deduct for reduction in Class 5 is 2 200 The sum of the net deducts for Items 1 through 19 is $212,600 $ a , r Albertville, Minnesota Wastewater Treatment Plant Modifications Bid Analysis June 1, 2000 Page No. 7 Additional Items Considered 20. Basin Drains — The anaerobic anoxic selector basins and oxidation ditch are each provided with drain lines to facilitate tank maintenance. It would be difficult and expensive to install these in the future and consequently it was decided to leave the drains in the project. Omitting these drains would necessitate using a portable pump to transfer the wastewater to a nearby structure and constructing sumps in each of the basins. Good practice would be to drain each tank once a year for inspection. The potential net reductions for these drains are as follows: Omit selector basin drains and mud valves Omit oxidation ditch drain and mud valve $4,500 $7,300 21. Dike Rip Rap — Plans require removing the riprap from the existing secondary pond dikes and stockpiling it in an area north of the pond. Removal of the riprap will facilitate top soil application and weed control in the future. Omitting this work would result in a net deduct of $3,800 22. Concrete Curb — The plan includes 172 lineal feet of B618 concrete curb in a defined parking area by the control buildings. Omitting the concrete curb would result in a net deduct of $2,100 23. Bituminous Drive Omitting the bituminous results in a net deduct for the bituminous of $12,800 24. Maintain Edge of Pavement Class 5 Shoulder — Documents require 2 feet of Class 5 shouldering along the edge of pavement where no curb is shown. Omitting the shouldering would result in a net deduct of \\spfiles 1\corpdoc\wp\projects\ab\albev\0005\goebattachjO Ldoc 1000 The sum of net deducts for Items 20 through 24 is $31,500 It I It City of Albertville, Minnesota $2,350,000 G.O. Sewer Revenue Bonds, Series 2000 (SAC Charges @ $3,900/Unit, Units Declining, $1,000,000 Fund Balance Contrib.) DEBT SERVICE SCHEDULE Existing PFA SAC Charge Annual SAC Fund Times Date Principal Coupon Interest Total P+I Loan Pymts Revenues Surplus(Deficit) Balance Coverage 12/31 /1999 1,020,000.00 2/01/2001 - - - - 102,536.70 507,000.00 404,463.30 1,424,463.30 - 2/01/2002 295,000.00 5.450% 178,853.33 473,853.33 102,536.70 507,000.00 (69,390.03) 1,355,073.27 0.88 2/01/2003 355,000.00 5.500% 118,062.50 473,062.50 102,536.70 507,000.00 (68,599.20) 1,286,474.07 0.88 2/01/2004 375,000.00 5.550% 98,537.50 473,537.50 102,536.70 507,000.00 (69,074.20) 1,217,399.87 0.88 2/01/2005 175,000.00 5.600% 77,725.00 252,725.00 102,536.70 312,000.00 (43,261.70) 1,174,138.17 0.88 2/01/2006 185,000.00 5.650% 67,925.00 252,925.00 102,536.70 312,000.00 (43,461.70) 1,130,676.47 0.88 2/01/2007 195,000.00 5.700% 57,472.50 252,472.50 102,536.70 312,000.00 (43,009.20) 1,087,667.27 0.88 2/01/2008 205,000.00 5.750% 46,357.50 251,357.50 102,536.70 312,000.00 (41,894.20) 1,045,773.07 0.88 2/01/2009 40,000.00 5.800% 34,570.00 74,570.00 102,536.70 156,000.00 (21,106.70) 1,024,666.37 0.88 2/01/2010 45,000.00 5.850% 32,250.00 77,250.00 102,536.70 156,000.00 (23,786.70) 1,000,879.67 0.87 2/01/2011 45,000.00 5.900% 29,617.50 74,617.50 102,536.70 156,000.00 (21,154.20) 979,725.47 0.88 2/01/2012 50,000.00 6.000% 26,962.50 76,962.50 102,536.70 156,000.00 (23,499.20) 956,226.27 0.87 2/01/2013 50,000.00 6.100% 23,962.50 73,962.50 102,536.70 156,000.00 (20,499.20) 935,727.07 0.88 2/01/2014 55,000.00 6.150% 20,912.50 75,912.50 102,536.70 156,000.00 (22,449.20) 913,277.87 0.87 2/01/2015 110,000.00 6.200% 17,530.00 127,530.00 51,267.99 156,000.00 (22,797.99) 890,479.88 0.87 2/01/2016 170,000.00 6.300% 10,710.00 180,710.00 - 156,000.00 (24,710.00) 865,769.88 0.86 Total 2,350,000.00 - 841,448.33 3,191,448.33 1,486,781.79 4,524,000.00 (154,230.12) Dated................................................................................................................................ 10/01/2000 Delivery Date.................................................................................................................... 10/01/2000 FirstCoupon Date............................................................................................................ 8/01/2001 YIELD STATISTICS BondYear Dollars............................................................................................................ $14,273.33 AverageLife..................................................................................................................... 6.074 Years AverageCoupon............................................................................................................... 5.8952475% Net Interest Cost(NIC)..................................................................................................... 6.1010509% True Interest Cost (TIC)................................................................................................... 6.1174137% Bond Yield for Arbitrage Purposes................................................................................... 5.8500359% All Inclusive Cost(AIC)..................................................................................................... 6.3074399% Interest rates are estimates. Changes may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Springsted Incorporated Public Finance Advisors File = ALBERTVILLE.SF-15 Yr. Cash Contrib 6/ 2/2000 10:16 AM =SEf I- 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 To: Honorable Mayor and City Council c/o Linda Goeb RE: 2000 SW Lift Station TRAI 5 a. a 320.229.4300 800.572.0617 320.229.4301 FAX June 1, 2000 Date A-ALBEV 9904.00 14 File Number and Location Client Number We are ® Enclosing ❑ Sending Under Separate Cover ❑ As Requested 1— Opinion of Probable Cost, 06/01/00 1— Set of Preliminary Plans, Sheets 1-5 (Reduced from l 1x17 to 8.5x11) For your ® Information/Records ❑ Review ❑ Action ❑ Distribution REMARKS: To present at June 5, 2000 Council Meeting. BY Wayne Stark, P.E. wcs docut ntB Short Elliott Hendrickson Inc. • Offices located throughout the Upper Midwest We help you pkuc design, and achieve ❑ Approval ❑ Revision and resubmittal 4M • Equal Opportunity Employer � • i 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX AigzWASEH architecture engineering environmental transportation 2000 SW Lift Station 06/01/00 Albertville, MN SEH NO. A-ALBEV 9904.00 OPINION OF PROBABLE COST ITEM UNIT OF NO. ITEM DESCRIPTION MEASUREMENT QUANTITY UNIT PRICE TOTAL GENERAL 1 MOBILIZATION LUMP SUM 1.00 $ 10,000.00 $ 10,000.00 2 TRAFFIC CONTROL LUMP SUM 1.00 $ 500.00 $ 500.00 3 SILT FENCE,HEAVY DUTY LIN FT 170.00 $ 2.00 $ 340.00 4 SALVAGE AND REINSTALL FENCE LIN FT 20.00 $ 10,00 $ 200.00 5 SALVAGE AND REINSTALL 8" WM C900 LIN FT 29.00 $ 15.00 $ 435.00 6 CLASS 5 AGGREGATE BASE (CV) TON 140.00 $ 12.00 $ 1,680.00 SUBTOTAL: $ 13,155.00 SANITARY SEWER 7 8" PVC SANITARY SEWER,SDR 35 LIN FT 531.00 $ 16.00 $ 8,496.00 8 8" PVC SANITARY SEWER,SDR 26 LIN FT 70.00 $ 18.00 $ 1,260.00 9 6" PVC FORCE MAIN PIPE C130 LIN FT 429.00 $ 20.00 $ 8,580.00 10 12" STEEL CASING PIPE LIN FT 60.00 $ 125.00 $ 7,500.00 11 SANITARY MANHOLE EACH 3.00 $ 1,750.00 $ 5,250.00 12 EXTRA DEPTH MANHOLE LIN FT 11A3 $ 100.00 $ 1,143.00 13 CONNECT TO EXISTING MANHOLE EACH 1.00 $ 500.00 $ 500.00 14 8"X4" PVC WYE EACH 22.00 $ 45.00 $ 990.00 15 LIFT STATION LUMP SUM 1.00 $ 90,000.00 $ 90,000.00 SUBTOTAL: $ 123,719.00 WATER 16 8" WM C900 LIN FT 1,114.00 $ 16.00 $ 17,824.00 17 6" WM C900 LIN FT 29.00 $ 14.00 $ 406.00 18 HYDRANT EACH 2.00 $ 1,700.00 $ 3,400.00 19 8" GATE VALVE AND BOX EACH 3.00 $ 750.00 $ 2,250.00 20 6" GATE VALVE AND BOX EACH 2.00 $ 550.00 $ 1,100.00 21 CONNECT TO EX WATER MAIN EACH 1.00 $ 500.00 $ 500.00 22 16" STEEL CASING PIPE LIN FT 60.00 $ 150.00 $ 9,000.00 23 WATER MAIN FITTINGS POUND 585.00 $ 2.50 $ 1,462.50 SUBTOTAL: $ 35,942.50 RESTORATION 24 SEEDING ACRE 1.00 $ 1,500.00 $ 1,500.00 SUBTOTAL: $ 1,500.00 CONSTRUCTION: $ 174,316.50 CONTINGENCY $ 17,431.65 ENGINEERING $ 27,890.64 LEGAL/ADMIN $ 3,486.33 FINANCING $ 20,917.98 PROJECT TOTAL $ 244,043.10 S R.��A stWp,A ��gO6O ijDrt Inc. Offices located throughout the Upper Midwest Equal Opportunity gT/Bboyer imate.xls We help you plan, design, and achieve. 6 .dab gg J. m �� 3id".y3f> 'J N £YSb W Z 0te LL cc LL W Mu O z v) °C w W Q z zcf) z od 0 z w Q LL o o Q �- _ �W cr �� Q LL -, U CO z C/) z Q � Cn O rr J O N W M LLJ z U) Q Z z O Z Q �� gille m f e e d z ii �r o st gg ti oEli- dy�Iyr - y��ayy11[[y�5y" b9 '� r'.s "- 3N J Isr b '. D �: a bb iY � oR -b�.. Yg d � � F 3� 3 re f b fi ' d 1p5r - I. - b WW> FSj wb= .�. bi �I a i.. " 4tl kp ad . ___ a �I til xv— F� 5Ab63 i}'6 i 43 Q3 is i6_�>p 5RRRjs9pb SS.S � v � T ed ' i�-i • rs� __ •�) 2r�� 1 � � ay�� r.: arE.a1 ir93d1`e r�r��rr i::� ..-.r,..s...s...�.. .L .o-.r .r—.1 S31VA � ...aw..a...�.. a I I �r In fir is a•j �d4e r�, Z� ;�� W m ir L.A.1 � II �a ILI.u.o•s P 3�5yYp=�,y,5,.�.�,�$.�;eye b uc 55 fC�( F'<- - ; yW, ggg� 83� bW Q g gg� `gQ Yb N 8 �Y 3 bW s"' FW edtl Bi d� a .t: yzwt4I 8 _ * ysr i1j M z� �er r Y■± 6 SSS __ -W x� E m> a o a c+ o o om m ra pY aaa A rrn .� §r a; m rss 'a �� e > a b� gotM �y4' si��4yp�:iS# 3yi� W " u .Ip 4 � Y a viy4 '��P sgr YYYS pfgr9r aYytg �Ei�oj Elio 11! '11 ciili P��-.�n g g !j J mN I U o N au V � Yd7� 6m W ;Z 3 fill yy= 3 gY7o.- " $e�r"o $d $ $d $ adjV 8a a I gg " " v e O N o - i jy( ifs $ 'jig 3�57 8 g ��d btlE�: rr r$r�Y3b .SYgg�� MSQy:rSY bj Dr SSbil co A �•�� QQ�� iW �� it 0 S Wi Vol i W H U) s T J< r --r oil acp� u � • W� V e qs Wg 8 4 133H6 33S i o ¢ N 0'00+6 ViS 3NI1 NJ1VW zs6 $ m a 11 o � 8 II 11 a .I' M t .... h¢- 0O ...... as ..-. i.... LLI !/ 0,11 .Q W OZ 1 ,t.LS --L: rt$8 ¢ 3•' 11 i= L'�56 4 r` H n 11 - p 11 i S lie Y II .We 11 - tl254_ 1 y I S'SS6 4 < 1 77I li -� 11 a i-Y:Y11 11 is B't564 �IC�xY� .+e�� NIS 11 a u to t• 11:... II: 11:: orxnao JI H 11- t 1 T s it n 11 a 11- 11 J C I'i$6�J11 11 - -l't56 St II li Y r I� � M til I l, a nNan ' _ �yrvP I yam ~y �"- � • - � W ^ J ~ uCC F Q 00 •al I- � 3 � 9b^ o io^7. aaWW �Frm�� .N E.91 I 0 I I II- ' I 01 I I i I , I i S 133HS 33S 000+6 V1S 3Nn HO1VW 1 g� a • • COGS � 6 11 n 6'f56 a vis 1, s 1i MIMI" 11 - NOIir1S Lill- - - trOM1a rls ' �00'tS6�01 11 31019ErIr 3AlrA- 11 us n 11 Ir `1 q' I I I r II 11 II It - L't56 If /i i IF Ir i 11 Si l i 111. 11. H p, 11 I W, '1 11g ,1� .. 9145 II I,r Ili 1, If II �� .. 11 {r II ii 9 133HS 33S p.00+6 V1S 3Nil Ho1VlN' Q 00 H Z NZ J J W N Jjj lA 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX architecture engineering environmental transportation 2000 Street Overlay 06/01/00 Albertville, MN SEH NO. A-ALBEV0010.00 OPINION OF PROBABLE COST ITEM UNIT OF NO. ITEM DESCRIPTION MEASUREMENT QUANTITY UNIT PRICE TOTAL GENERAL 1 MOBILIZATION LUMP SUM 2 REMOVE CONCRETE CURB AND GUTTER LIN FT 3 MILL BITUMINOUS PAVEMENT SQ YD 4 ADJUST EXISTING SANITARY MH RIM EACH 5 ADJUST EXISTING GATE VALVE EACH STREET 6 CLASS 2 AGGREGATE SHOULDERING (CV) (P) TONS 7 CONCRETE CURB & GUTTER, B618 LIN FT 8 BITUMINOUS PATCHING SQ YD 9 BITUMINOUS WEAR, TYPE 41A TON 10 BITUMINOUS TACK GAL 11 4" WHITE STRIPE LIN FT 12 4" YELLOW STRIPE LIN FT 1.00 $0.00 $0.00 45.00 $8.00 $360.00 1,480.00 $1.00 $1,480.00 1.00 $150.00 $150.00 4.00 $125.00 $500.00 SUBTOTAL: $2,490.00 120.00 $8.00 $960.00 45.00 $12.00 $540.00 2,075.00 $15.00 $31,125.00 900.00 $30.00 $27,000.00 550.00 $1.50 $825.00 2,700.00 $0.25 $675.00 4,320.00 $0.25 $1,080.00 SUBTOTAL: $62,205.00 TOTAL CONSTRUCTION: $64,695.00 SW:/ALB�V%OOe10/St�cEL��%Estimate.xls Offices located throufhout the Upper Midwest Equal Opportunity6�/ployer We help you plan, design, and achieve. 00 sn a ¢ ~ .ia I �Y M I t --- --- --- --- --------I i + f'Jxlilif 1x10r fixl0r � Y 0 Ixr b� -- --- ___:-- W WO _ .o�--------------------'-I -� - m z .0, --- d F m � I . - ayY',dr t---- l-------- 7 :CY i 90 �W. ~w z z J W J � S J Q - U x -0 N Q LLl m C j ui a xlx.r: a ,5-2 2 � itz Jeff e < Di S a Z LO btl, . 4�1 41a., o a 3-» a o JL.V g�bt'k 4 a� fi L! r !A: IN JD HL430 z2 g: x� 7� `J Adir Adow �► TRAt 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 To: Honorable Mayor and City Council c/o Linda Goeb RE: 2000 Street Overlav June 1, 2000 Date A-ALBEV 0010.00 14 File Number and Location Client Number We are ® Enclosing ❑ Sending Under Separate Cover ❑ As Requested 1 — Opinion of Probable Cost, 06/01/00 1 — Exhibit A 1 — Typical Sections For your 5a, .9 L40 JLU.LL.-- . .. - ® Information/Records ❑ Review ❑ Approval ❑ Action ❑ Distribution ❑ Revision and resubmittal REMARKS: To present at June 5, 2000 Council Meeting. ay.. Wayne Stark, P.E. djg document I3 Short Elliott Hendrickson Inc. • Offices located throughout the Upper Midwest Wehelpyouplan, design, and achieve 4/00 • Equal Opportunity Employer w a cr in W z Ir LLI Z U Q W Z m F- O = Z 3 � O Z LLI s WF- Q N U d JV1 Q Z U J O—Q d U -�-a zm� / ¢cr0 / HRH / / O , I \ , / T ' ¢ �o wa a , � o / _ �o w - v, W L Q U H W N V1cr Q Q / J U , wa Al/ age mw0 LLj X >O Z LJ Z W L1J L.LJ � J U) J_ O O O w N m J Q U6p•lgXG\poo\0100\Aag1O\°M 31IJ H3S Wd 8£°£9°I0 00/10/90 40' MILL OUTSIDE 6' OF EACH SIDE BITUMINOUS WEAR, MN/DOT 2331, TYPE 41A 2" OVERLAY @ CENTER TO 11/2" @ GUTTER BITUMINOUS TACK COAT EXISTING BITUMINOUS EXISTING AGGREGATE BASE EXISTING CURB TYPICAL SECTION A- BARTHEL INDUSTRIAL DRIVE ( EX CURB SECT I.ON ) 35' 11' 11' 5' 8' 2 % -� ------------- CROSS HATCH AREA W/ 4" YELLOW STRIPING 1.5" BIT. WEAR, MN/DOT 2331, TYPE 41A BITUMINOUS TACK COAT EXISTING BITUMINOUS EXISTING AGGREGATE BASE W TYPICAL SECTION B- 0 BARTHEL INDUSTRIAL DRIVE w (EX SHOULDER SECTION) N =SEN TYPICAL SECTIONS 2000 BITUMINIOUS OVERLAY ALBERTVILLE, MINNESOTA =SEFI 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 To: Honorable Mayor and City Council c/o Linda Goeb RE: City Park Ditch TRH !;,a 11.5 320.229.4300 800.572.0617 320.229.4301 FAX June 1, 2000 Date A-ALBEV 0001.00 14 File Number and Location Client Number We are ® Enclosing ❑ Sending Under Separate Cover ❑ As Requested 1 — Opinion of Probable Cost, 05/25/00 1 — Option 1 Drawing 2 — Option 2 Drawing For your ® Information/Records ❑ Review ❑ Action ❑ Distribution REMARKS: To present at June 5, 2000 Council Meeting. BY. Wayne Stark, P.E. wcs docu ntB Short Elliott Hendrickson Inc. • Offices located throughout the Upper Midwest We help you plan. desivi, and achieve ❑ Approval ❑ Revision and resubmittal 4/00 • Equal Opportunity Employer NIW ,t W a Y D: a - - - - - - - - - - - - - - i , ' , J � , W i Q i � U , , V ' M H W J U � x i N � o X � W t0 I L > ' z 0- m L ------------------------------------------------- Ubp•IUOI;ao\y0+1p)lUOG\I000\^aQlO\:M 3111 H35 Mid 90:90*-£0 OOOZ/10/90 T w Q O Q O 0- ZmQm z L.L. 0 z Y � cc W Q -J Uw m Q W G V1 Y ol Q a w > ' a U. i 0 O w r (� o W , r r� L 1+'1 ip `Ln O... . c - / v re • Z w a o i ¢ a _e _ > _.. W / a N: i 0- i i wa. O i r i i i O Go r , m e / / i-------'------ -----•-- i o i L6 N Lp N W Q ZQO OzU) W Z OZ Cr LLJ Q � J U Lu m Q ul5p-Zuol.�do\y0. iIPN.Jo41\1000\^agl0\;M 31IJ H3S Rd U:80°£0 OOOZ/10/90 City Park Drainage 5/25/00 Albertville, MN SEH NO. OPINION OF PROBABLE COST -OPTION 1 ITEM UNIT OF APPROXIMATE UNIT NO. ITEM DESCRIPTION MEASUREMENT QUANTITY PRICE AMOUNT DRAINAGE 1 MOBILIZATION LS 1.00 $500.00 $500.00 2 DRAINAGE DITCH LIN FT 840.00 $3.00 $2,520.00 3 RESTORATION ACRE 0.50 $1,500.00 $750.00 CONSTRUCTION $3,770.00 OPINION OF PROBABLE COST -OPTION 2 ITEM UNIT OF APPROXIMATE UNIT NO. ITEM DESCRIPTION MEASUREMENT QUANTITY PRICE AMOUNT DRAINAGE 1 MOBILIZATION LS 1.00 $500.00 $500.00 2 DRAINAGE DITCH LIN FT 650.00 $3.00 $1,950.00 3 12" HDPE PIPE SEWER LIN FT 190.00 $18.00 $3,420.00 4 CATCH BASIN, PVC EACH 1.00 $850.00 $850.00 5 12" APRON EACH 1.00 $200.00 $200.00 6 RESTORATION ACRE 0.50 $1,500.00 $750.00 CONSTRUCTION $7,670.00 Estimatel .xls 6/2/00 Michael C. Couri- Andrew J. MacAithur Marcus W. Miller *Acm r;cemed in ns ds May 4, 2000 Mr. Jim Barthel Albertville Branch Manager Central Rivers Cooperative P.O. Box 122 Albertville, NIN 55301 COURI & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacanhur®pobox. com Re: City of Albertville; Central Rivers Cooperative Parking Lot Expansion. Dear Jim: As we discussed recently, the recent expansion of the Central Rivers Cooperative parking lot was completed in violation of the City's zoning ordinances, and has also blocked the historical drainage way which drains other lands in the City, including the City's park land to the south and east of Central Rivers' property. The result has been the accumulation of water on the City's park property which in turn curtails the use of the City's park property. This situation is not acceptable to the City. The City Council has asked the City Engineer to look into this situation and to propose potential solutions to alleviate the accumulation of water on City property. Because the expansion of the parking lot is the immediate cause of the accumulating water, the City is first requesting that you work with City Staff to find a solution which may accommodate the interests of the City and Central Rivers' property, while meeting all of the City's ordinances. If a mutually acceptable solution cannot be reached, the City reserves the right to require Central Rivers to restore the historic drainage way, and, if necessary, to remove the expanded parking lot. Again, I hope that a mutually acceptable solution can be reached. Please call Linda Goeb at City Hall (497-3106) to set up a meeting with the City Engineer and City Planner to discuss this issue. It would be helpful it you could bring any surveys of the property, photos, drawings, or other documents relating to the property's prior condition or the expansion of the parking lot to the meeting with City Staff. Please contact me if you have any questions regarding this matter. Thank you. Mr. Jim Barthel May 4, 2000 Page 2 of 2 Sincerely Michael C. Couri Couri & MacArthur Cc: Zinda Goeb Deb Garross Pete Carlson 5.d. 1. CITY OF ALBERTVIL.LE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT ALBERT VILLAS THIS AGREEMENT, entered into this day of , 2000 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" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 24.19 gross acres into 41 single-family residential lots for purposes of constructing 41 single-family residential units; 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 contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, curb and gutter, grading, drainage, sanitary sewer, water and storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject 1 Property and be financed by Developer; and WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within Said Plat, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Conditional Use Permit. Developer is hereby granted a Conditional Use Permit to allow the development of Said Plat as a Planned Unit Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set -back requirements. 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. A property owners' association is established in compliance with Sections 1100 and 2700 of the City Zoning Ordinance and a maintenance agreement and declaration of covenants, conditions, and restrictions are approved by the City Attorney and recorded against the title to each lot within Said Plat. B. No more than fifty (50) building permits shall be issued for Said Plat, until after such time as Kahl Avenue, 471h Street and Kallard Avenue is installed to provide a secondary access to Said Plat. C. 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. D. If signs are desired on site to identify the Subject Property, then plans shall be submitted for review and approval of the City Planner. 2 E. Trees, shrubs, berms and screening are planted and installed as shown on the landscape plan attached as Exhibit B. F. Developer shall, at its own expense, construct sidewalks in the locations shown in the attached Exhibit B. G. The Developer shall remove or relocate the existing buildings located within Said Plat by August 1�`, 2000. The Developer shall identify the method used for removing or relocating existing buildings and such method shall be consistent with Sections 1400-1 and 900 of the Albertville Zoning Ordinance and shall be subject to review and approval by City Staff. H. The applicant shall file deed restrictions with the Wright County Recorder of Deeds for all lots adjacent to or containing NSP and/or Amoco pipeline easements indicating that no structures can be built within the easement areas. I. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City with a copy of the sales literature identifying NSP and Amoco easement building restrictions, the required twenty (20) foot wetland setback building restrictions and the location of all future parks within Said Plat. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat. J. It is the understanding of the Parties that Developer does not presently intend to make use of model homes within Said Plat. The Parties acknowledge and agree that should Developer decide to construct any model homes within Said Plat, use of such Model Homes shall be consistent with Section 2200 of the Albertville Zoning Ordinance. The Parties further agree that prior to construction of any model homes, the Parties will enter a model home agreement and that said model home agreement shall be subject to review and approval by the City Attorney. K. The following requirements apply to the Subject Property: A@ - • Buffer Yard Lot Depths (lots adjacent to arterial or or major collector streets) 3 Distance 170 feet, except for Block 9 which has 155 foot lots. • Buffer Yard (lot width requirements for side yards) • Setback (PUD periphery) • Setback (front) • Setback (side -interior) • Setback (side -corner) • Setback (rear) • Wetland Setback 2. Construction of Municipal Improvements. 10 feet 35 feet 30 feet 10 feet 20 feet 30 feet 20 feet from ordinary high- water mark. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albertvillas, as prepared by E.G. Rud & Sons, Inc. dated May 30, 2000 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2000, with the wear course of bituminous pavement to be installed after May 15, 2001, but before June 30, 2001. B. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal 4 Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front and side yards shall be sodded. Backyards may be seeded or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. Said on - and off -site improvements shall be installed no later than October 31, 2002, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier; ii. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; In addition, the Developer shall, at its own expense, cause street lights and street signs to be of such type and to be installed at such locations as required by the City Engineer and in conformance with the Manual on Uniform Traffic Control Devices. 5 C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached hereto and incorporated herein as Exhibit C. Developer agrees to have all utilities installed according to this Exhibit C. D. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. E. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel within sixty (60) days of 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 given year, in which case said improvements shall be so completed by the following June 15th. 4. Intended Use of Subdivision Lots. The City and Developer agree that the lots in Said Plat are intended only for single-family residential use in the number and the configuration as are shown on the attached Exhibit D. Developer shall construct only single family dwellings in the number and configuration shown on the attached Exhibit D, unless Said Property is rezoned by the City in the future. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $530,600 representing the sum of 100% of the estimated cost of the Municipal Improvements ($506,000) and 50% of the on and off -site improvements ($24,600). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not I performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not 7 received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or On- and Off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's 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. 8. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, 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 429.081. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. 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 D. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 0 10. 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. 11. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may 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. 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. 10 A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract, 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, 4, 8, 13, 14, 15, 16, 17, 18, 20. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any 11 construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville and/or any applicable provisions of State and Federal law. I. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. J. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 14. 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, 12 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. 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. 15. Dedications to the City. A. Municipal Improvement Dedications: The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: Developer shall dedicate easements to the City over, under and across all trails, and shall dedicate all parks within Said Plat, if any, to the City, in a form and with legal descriptions acceptable to both the City Engineer and City Attorney. 2. Developer shall dedicate to the City all streets within Said Plat. B. Park and Trail Dedications: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer is required to pay $1300 per platted lot. There are 41 lots being platted in this phase. Prior to release of Said Plat, Developer shall pay City a cash payment totaling $53,300, an amount representing the total park dedication cash requirement ($53,300) for this phase. In addition, Developer shall receive credit toward park dedication requirements for the actual cost of constructing and installing trails as shown on the attached Exhibit B. No such credit shall be given for construction of sidewalks within Said Plat. Developer shall provide documentation of the cost of trail construction. Developer shall not receive credit for trails or portions of trails constructed on the shoulder or in the right-of-way of a public street. 13 16. 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. 17. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18. 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. 19. 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. 20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat, Developer is agrees to pay a trunk sewer charge in the amount of $33,866, representing $1,400 per acre of Said Plat multiplied by 24.19 gross acres contained in Said Plat (excluding outlot C, upon which a similar per -acre charge will be due upon its replatting at a future date). In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $26,609, representing $1,100 per acre of Said Plat multiplied by 24.19 gross acres contained in Said Plat (excluding outlot C, upon which a similar per -acre charge will be due upon its replatting at a future date). Developer agrees to pay said amounts prior to the City's release of Said Plat. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred 14 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 fiu-nished by the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 Edina Land Corporation 700 Industry Avenue Anoka, MN 55303 Attention: Rick Lewondowski Telephone: (612) 323-9086 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, 15 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 2000, 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2000, 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 16 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2000, by Rick Lewondowski, as President of Edina Development Corporation. Court and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 Notary Public 17 Exhibit A Legal Description Exhibit B Landscape/trail plan Exhibit C Utility Plan Exhibit D Intended use of subdivision lots/Erosion Control 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 Villa's Plat): Lots 1-10, Block 1 Lots 1-9, Block 2 Lots 1-12, Block 3 Lots 1-10, Block 4 Outlot A All said property in Albert Villa's plat, City of Albertville, County of Wright, Minnesota. Exhibit B Landscape/trail plan Exhibit C Utility Plan Exhibit D Intended use of subdivision lots/Erosion Control 1 0 1 M CITY OF ALBERTVIL,LE DEVELOPER'S AGREEMENT Cedar Creek South Fourth Addition THIS AGREEMENT, entered into this day of , 2000 by and between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as 11Cityll. WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar Creek South Fourth Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Cedar Creek South Fourth Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, municipal water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and, further, to be financed by Developer; WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; and WHEREAS, the City and Developer have previously entered into a Developer's Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under which the City granted concept plan approval to the plan for the area covered by said Master Agreement; and WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Cedar Creek South Fourth Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Concept Plan Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") between Pilot Land Development Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master Agreement as to the specific development 2 issues related to Cedar Creek South Fourth Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Cedar Creek South Fourth Addition. In the event of a conflict between the terms of the Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Cedar Creek South Fourth Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Construction of Municipal Improvements. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cedar Creek South Fourth Addition, as prepared by Meyer-Rohlin, Inc. dated May 5, 2000 as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, storm water ponding, site grading, curb and gutter, and paved streets. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31", 2000 with the wear course of bituminous pavement to be installed after May 15"', 2001 but before August 3Is, 2001. 3. Construction of On- and Off -Site Improvements. Developer shall construct all on - and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front and side yards shall be sodded. Backyards may be seeded or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. 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. 4. Intended Use of Subdivision Lots, Requirements. It is the Developer's and City's intent that single-family detached dwelling units be constructed on the lots in Said Plat (one unit on each lot). Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat. Lots located in Said Plat may have varying front yard setbacks, provided that no front yard setback may be less than thirty (30) feet. The final plat must show the minimum front yard setbacks and these setbacks must remain in force throughout the life of the Planned Unit Development. Finally, Developer must provide one (1) deciduous or coniferous tree per 3 lot within Said Plat. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $75,000, representing the sum of 100% of the estimated cost of the Municipal Improvements ($69,000) and 50% of the on and off -site improvements ($6,000). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. If a bond is used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5 times the percentage of the required surety which the bond represents. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety 0 in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or On- and Off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the E City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. D. If the Developer utilizes a bond for a portion of the surety (not to exceed 25% of the surety requirement), the bond shall be released prior to the release of any portion of the letter of credit or other surety. 6. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 3.82 acres in Said Plat. However, per the agreement outlined in Parkside P Addition Developer's Agreement, paragraph 2, pages 2-5, the developer will be credited $900.00 per acre prior to the installation of a sanitary sewer trunk line. Therefore, the Developer shall be required to pay $1,910 ($500.00 x 3.82 acres). Developer will pay said fee prior to the release of the final plat by the City. 7. 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. 8. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary 1.1 procedures to ensure compliance with any legally enforceable federal, state, county or city requirements, all at Developer's expense. The City may elect to (but shall not be required to) refund to the Developer expenses incurred by Developer for machine operator time spent cleaning the ditch beyond the boundaries of Said Plat. 9. Miscellaneous. A. This Contract shall run with the land and shall be recorded against the title to the property (or shall be recorded via a short -form companion document referencing this Agreement). Upon the Developer's request the City will execute and deliver to the Developer a release discharging Developer's obligations under this Agreement, provided the Developer has completed all work and met all obligations required under this Contract, and after expiration of the warranty period. B. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in Said Plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. C. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. D. Developer shall comply with all legally enforceable water, ponding and wetland related restrictions as contained in the letter dated from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). E. 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 7 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. F. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. 10. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road right of ways, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Developer acknowledges and agrees that a total of .382 acres of park land (3.82 acres of residential land x .10) are required to be dedicated to the City under the City's current park dedication ordinance, or the Developer must pay the City a park dedication fee of $1,300.00 per buildable lot being platted. The Developer and City agree that no park land is being dedicated within Said Plat. Developer and City thus agree that the park dedication requirement shall be met via the payment of $13,000.00 in cash to the City (10 lots x $1,300.00), minus any credit for trail construction and dedication which may be applicable from trails constructed on other plats within the Master PUD. Developer shall make any payments due to the City under this paragraph at such time as the City directs. 11. Indemnity. Developer shall hold the City and its officers, employees and agents 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, employees and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, 8 including attorney's fees. Third parties shall have no recourse against the City under this contract. 12. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required ' by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any 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. 13. 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. 14. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, 9 By Its Mayor By Its Clerk PILOT LAND DEVELOPMENT COMPANY, INC. By Kent Roessler Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2000, 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 , 2000, 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 10 STATE OFMINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2000, by Kent Roessler, as President of Pilot Land Development Company, Inc. DRAFTED BY: Couri & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)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 Cedar Creek South Fourth Addition Plat): Lots 1-10, Block 1 All said property in Cedar Creek South Fourth Addition, City of Albertville, County of Wright, Minnesota. 12 EXHIBIT B Grading and Erosion Control Plan 13 50d.3. CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Cedar Creek North Third Addition THIS AGREEMENT, entered into this day of , 2000 by and between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City". WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar Creek North Third Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Cedar Creek North Third Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, municipal water, storm sewer and streets (hereafter "Municipal Improvements") be installed to serve the Subject Property and, further, to be financed by Developer; WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; and WHEREAS, the City and Developer have previously entered into a Developer's Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under which the City granted concept plan approval to the plan for the area covered by said Master Agreement; and WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Cedar Creek North Third Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Concept Plan Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") between Pilot Land Development Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master Agreement as to the specific development issues related to Cedar Creek North Third Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Cedar Creek North Third Addition. In the event of a 2 conflict between the terms of the Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Cedar Creek North Third Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Construction of Municipal Improvements. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cedar Creek South Fourth Addition, as prepared by Meyer-Rohlin, Inc. dated as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, storm water ponding, site grading, curb and gutter, and paved streets. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31". 2000 with the wear course of bituminous pavement to be installed after May 15t', 2001 but before August 315`, 2001. 3. Construction of On- and Off -Site Improvements. Developer shall construct all on - and off -site improvements including installation of boulevards, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front and side yards shall be sodded. Backyards may be seeded or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. 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. 4. Intended Use of Subdivision Lots, Requirements. It is the Developer's and City's intent that single-family detached dwelling units be constructed on the lots in Said Plat (one unit on each lot). Developer agrees that it shall not construct any units other than said single-family detached dwelling units on the land in Said Plat. Lots located in Said Plat may have varying front yard setbacks, provided that no front yard setback may be less than thirty (30) feet. The final plat must show the minimum front yard setbacks and these setbacks must remain in force throughout the life of the Planned Unit Development. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other 3 surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $ , representing the sum of 100% of the estimated cost of the Municipal Improvements ($ and 50% of the on and off -site improvements Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. If a bond is used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5 times the percentage of the required surety which the bond represents. A. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. B. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. C. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. D. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon 4 certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of .portions of the Municipal Improvements and/or On- and Off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty 5 period. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. D. If the Developer utilizes a bond for a portion of the surety (not to exceed 25% of the surety requirement), the bond shall be released prior to the release of any portion of the letter of credit or other surety. 6. Sanitary Sewer Trunk Line Fees. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 0 acres in Said Plat. However, per the agreement outlined in Parkside 3` Ad i iond Developer's Agreement, paragraph 2, pages 2-5, the developer will be credited $900.00 per acre prior to the installation of a sanitary sewer trunk line. Therefore, the Developer shall be required to pay $ ($500.00 x acres). Developer will pay said fee prior to the release of the final plat by the City. 7. 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. 8. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any legally enforceable federal, state, county or city requirements, all at Developer's expense. The City may elect to (but shall not be required to) refund to the Developer expenses incurred by Developer for machine operator time spent cleaning the ditch beyond the boundaries of Said Plat. 9. Miscellaneous. A. This Contract shall run with the land and shall be recorded against the title to the property (or shall be recorded via a short -form companion document referencing this Agreement). Upon the Developer's request the City will execute and deliver to the Developer a release discharging Developer's obligations under this 6 Agreement, provided the Developer has completed all work and met all obligations required under this Contract, and after expiration of the warranty period. B. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in Said Plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. C. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. D. Developer shall comply with all legally enforceable water, ponding and wetland related restrictions as contained in the letter dated from the Wright County Soil and Water Conservation District (said letter is on file with the City Clerk). E. 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. F. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it finds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots 7 located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. 10. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all roads, road right of ways, sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Developer acknowledges and agrees that a total of acres of park land (_ acres of residential land x .10) are required to be dedicated to the City under the City's current park dedication ordinance, or the Developer must pay the City a park dedication fee of $1,300.00 per buildable lot being platted. The Developer and City agree that no park land is being dedicated within Said Plat. Developer and City thus agree that the park dedication requirement shall be met via the payment of $35,100 in cash to the City (27 lots x $1,300.00), minus any credit for trail construction and dedication which may be applicable from trails constructed on other plats within the Master PUD. Developer shall make any payments due to the City under this paragraph at such time as the City directs. 11. Indemnity. Developer shall hold the City and its officers, employees and agents 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, employees and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 12. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any 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. 13. 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. 15. 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 PILOT LAND DEVELOPMENT COMPANY, INC. By Kent Roessler Its President L•� STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2000, 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 , 2000, 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 , 2000, by Kent Roessler, as President of Pilot Land Development Company, Inc. DRAFTED BY: Couri & MacArthur Law Office P.O. Box 369 Notary Public 10 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 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 Cedar Creek North Third Addition Plat): Lots 1-15, Block 1 Lots 1-12, Block 2 All said property in Cedar Creek North Third Addition, City of Albertville, County of Wright, Minnesota. EXHIBIT B Grading and Erosion Control Plan