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2000-07-17 CC Agenda PacketALBERTVILLE CITY COUNCIL AGENDA July 17, 2000 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) July 5, 2000, City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. CONSENT AGENDA (a) Approve Payment of Check #'s 13340 - 13375 (b) June Revenue/Expenditure Report (c) Ordinance #2000- 7 (An Ordinance Establishing Fees for Special City Council Meetings) (d) Approve contract with Wright County Assessor for year 2001 5. DEPARTMENT BUSINESS a. Public Works (1) Public Works Department Report (2) Water/Wastewater Report b. Engineering • None c. Legal (1) Kollville Estates Developer's Agreement (2) Mooney Addition Developer's Agreement d. Fire Department (1) Fire Hall Update — Mike Kranz, Shingobee Builders (2) Mall Issues (3) Grass Rig e. Administration (1) Schedule joint meeting with City of Otsego on Wednesday, July 26`h or Thursday, July 27"' City Council Agenda July 17, 2000 Page 2 of 2 (2) Discuss possible dates for a joint meeting with the City Council of St. Michael sometime in August (3) Recommendation from NAC, Inc. not to consider final plat or other approvals for Albert Villas until outstanding conditions are completed 6. ADJOURNMENT V ALBERTVILLE CITY COUNCIL Aaj July 5, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Keith Franklin, Gary McCormack, and John Vetsch, City Planner Cindy Sherman, 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 by deleting Item 6b(c) and by adding Item 6c(g) Traffic Counts at the mall intersection. Gundersen made a motion to approve the agenda as presented. Franklin seconded the motion. All voted aye. The minutes of the June 19, 2000, minutes were amended on Page 3, Paragraph 7 to state that "McCormack, Gundersen and Olson voted no". Gundersen made a motion to approve the minutes of the June 19, 2000, meeting as amended. McCormack 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. Christine Heuring and several other members of the audience presented a petition requesting that the City participate financially in the FYCC program. Councilmembers McCormack and Gundersen, along with Mayor Olson, reiterated that funding for the program will be considered when the 2001 budget is prepared. Councilmembers Vetsch and Franklin feels the Council should consider supporting FYCC at this time. No action was taken. John Darkenwald questioned when the park dedication fee for commercial and industrial property would be discussed. Mayor Olson explained that staff is in the process of reviewing current park needs and preparing a budget for those needs. When the report is complete, the Planning Commission will make a recommendation on park dedication fees based on the report. Mayor Olson removed Item 4(c) from the Consent Agenda to discuss it under the Administration portion of the agenda. McCormack made a motion to approve payment of Check Ws 13258-13291 as presented. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL July 5, 2000 Page 2 of 5 McCormack made a motion to approve the April and May Expenditure/Revenue Reports as presented. Vetsch seconded the motion. All voted aye. Arne Hendrickson, representing Reliant Energy/Minnegasco, discussed its franchise with the City of Albertville and presented a map showing all of Minnegasco's gas mains in the City. According to Hendrickson, NSP is interested in obtaining a gas franchise in the city. Hendrickson explained Minnegasco's position regarding a second gas franchise within the city. McCormack made a motion to approve the Public Works Department Report as presented. Gundersen seconded the motion. All voted aye. McCormack made a motion authorizing the Public Works Department to block off the northwest entrance into the parking lot at City Park. Gundersen seconded the motion. All voted aye. City Administrator Linda Goeb explained that the Zoning Ordinance requires that whenever an application for a major or minor variance has been considered and denied by the City Council, a similar application and proposal for a variance affecting either a portion or all of the same property shall not be considered again for at least one year unless the City Council voted to reconsider the variance request. The vote on the motion to reconsider must have a four -fifths majority to succeed. Christian Builders has requested that the Council reconsider a variance for Lot 6, Block 6, Cedar Creek South 3r Addition. There was no motion from the Council to reconsider the variance request. Vetsch made a motion to adopt ORDINANCE #2000-5 titled AN ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE RELATING TO "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. Franklin seconded the motion. All voted aye. The Council delayed action on Resolution #2000-15 and Change Order #1 until the SAC fee resolution is discussed under Administration. City Engineer Carlson reviewed the bids for the 2000 Street Overlay Project. Buffalo Bituminous is the low bidder at $63,851.50. Carlson stated that the amount of patching can be reduced to lower the bid to the $60,000 figure budgeted. ALBERTVILLE CITY COUNCIL July 5, 2000 Page 3 of 5 Gundersen made a motion to approve RESOLUTION #2000-16 titled RESOLUTION AWARDING CONTRACT FOR THE 2000 STREET OVERLY PROJECT. If the 2000 overlay budget plus any carryover amount does not cover the $63,851.30 bid, the engineer is directed to decrease the amount of bituminous patching. Franklin seconded the motion. All voted aye. Carlson reviewed the bids for the Southwest Lift Station Project. Kuechle Underground is the low bidder at $127,016.30. The project is expected to be completed by mid -September. Vetsch made a motion to approve RESOLUTION #2000-17 titled RESOLUTION AWARDING CONTRACT FOR THE SOUTHWEST LIFT STATION PROJECT. Franklin seconded the motion. All voted aye. Carlson presented two layouts for City Park. Layout A requires additional land to be purchased for the construction of a grass soccer field. Carlson stated this option would require wetland fill and mitigation. Layout B shows a grass soccer field overlaid on the outfield of the softball field. The Council prefers to have a separate soccer and softball field and directed the engineer to contact the landowner to see if an arrangement can be made to purchase the property. Carlson presented two options for the construction of a 5' wide concrete sidewalk along 53rd Street. Drawing #1 shows a 5' sidewalk with a 5' boulevard through most of Psyk's 7th and 8th Additions. The sidewalk is shifted to immediately behind the curb near the intersection of Lambert Avenue and continues behind the curb throughout Psyk's 5th Addition. Drawing #2 shows a 5' wide sidewalk with a 5' boulevard the entire length of 53rd Street. Several residents expressed their concern regarding the creation of a 5' boulevard along the existing developed properties. McCormack made a motion to construct a 4' immediately behind the curb the entire length of 53rd Street NE (from Main Avenue to one lot past Lachman Avenue). Vetsch seconded the motion. McCormack, Vetsch, Olson and Gundersen voted aye. Franklin abstained. The motion carried. Carlson discussed the traffic counts along County Road 19 at the mall entrance. The traffic counts show that three warrants for a traffic light have been met. Meeting only one warrant established the need for a traffic light. Carlson pointed out that current traffic patterns indicate a second left turn lane may be necessary. The question ALBERTVILLE CITY COUNCIL July 5, 2000 Page 4 of 5 is whether the heavy traffic present now will continue or will slow down as the newness of the mall wears off. Gundersen made a motion directing staff to contact the mall developers to discuss the traffic light construction. McCormack seconded the motion. All voted aye. The Council discussed the park dedication fee proposal for Mooney Addition, as described in the June 28, 2000, letter from Mark Mooney, Mooney Development Corporation. Mooney proposes to pay the City $4,000 per acre in park dedication fees at this time and reserve his right to contest any further park fees incurred should the park study determine park dedication fees in excess of $4,000 per acre. City Attorney Couri explained that by accepting this proposal, the City would extend the period of time in which it could be sued in regards to park dedication fees and advised against accepting this proposal. The Council has stated that park dedication fees for new developments would be adjusted to the lower rate if the fee structure were changed. However, no motion has been made to this effect. Gundersen made a motion that park dedication fees for commercial properties platted during the park dedication fee study will be adjusted to the lower rate. Vetsch seconded the motion. All voted aye. In order to proceed with the final plat of Mooney Addition, City Administrator Goeb recommended that Mooney Development Corporation be allowed to provide a letter of credit for the entire amount of the park dedication fee as calculated based on 10% of the property's market value. Should the dedication fees be lowered, the City could release the excess amount from the letter of credit, or if the fees are not decreased, the City has access to its full park dedication fee. McCormack made a motion to amend the Mooney Addition Developer's Agreement to allow the developer to provide a letter of credit for park dedication fees at their present rate. Gundersen seconded the motion. All voted aye. City Attorney Couri reviewed the proposed language for an ordinance establishing a fee for special meetings. The Council directed staff to prepare the ordinance as detailed for approval on the Consent Agenda at the next meeting. ALBERTVILLE CITY COUNCIL July 5, 2000 Page 5 of 5 Gundersen made a motion to approve RESOLUTION #2000-18 titled A RESOLUTION SETTING SEWER ACCESS CHARGES (SAC FEES) IN THE CITY OF ALBERTVILLE EFFECTIVE JANUARY 1, 2001. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve RESOLUTION #2000-15 titled RESOLUTION AWARDING CONTRACT FOR THE WASTEWATER TREATMENT FACILITY EXPANSION PROJECT. The contract is awarded to the low bidder, Gridor Construction, in the amount of $2,9976,000. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve Change Order #1 to reduce the contract bid amount of the Wastewater Treatment Plant by $215,100. The reduced contract amount is now $2,760,900. McCormack seconded the motion. All voted aye. McCormack made a motion to schedule a budget workshop meeting Monday, July 31 ", at 7:00 PM. Gundersen seconded the motion. All voted aye. The Council tabled the request from the Initiative Foundation for a contribution to the budget meetings. Mayor Olson indicated he is unable to attend a joint meeting with Otsego on Wednesday, July 12`h. Two other Councilmembers have conflicts as well. Administrator Goeb was directed to contact Otsego and suggest July 20`h as a potential meeting date. McCormack made a motion to adjourn at 9:55 PM. Franklin seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator CLAIMS LIST 4z July 17, 2000 Check No. Vendor Amount 13340 ACTION RADIO & COMMUNICATIONS 1,394.62 13341 AFFORDABLE SANITATION, INC 309.20 13342 ARAMARK UNIFORM SERVICES 167.10 13343 B & B MASONRY 1,600.00 13344 B & D PLUMBING 848.50 13345 CARQUEST 142.39 13346 CENTRAL RIVERS COOPERATIVE 113.45 13347 CITY OF MONTICELLO 297.00 13348 DANKO EMERGENCY EQUIPMENT 394.00 13349 DENNY'S SMALL ENGINE/CHAIN SAW 5.27 13350 DISTRICT 12 WOMEN OF TODAY 350.00 13351 EGGEN'S DIRECT SERVICE, INC. 211.16 13352 EULL CONCRETE PRODUCTS, INC. 85.20 13353 FIRSTAR TRUST COMPANY 124,665.00 13354 GOPHER STATE ONE CALL, INC. 110.40 13355 KEN DEHMER TRUCKING & EXCAVATI 6.00 13356 LARSON PUBLICATIONS 652.77 13357 MIDWEST ANALYTICAL SERVICES 186.00 13358 MILLER TRUCKING/LANDSCAPING SU 38.34 13359 MINNEGASCO 43.77 13360 MN FIRE SERVICE CERTIFICATION 315.00 13361 NCPER S GROUP LIFE INSURANCE 12.00 13362 NORTHERN TOOL & EQUIPMENT 288.63 13363 NSP 5,075.50 13364 PAT'S 66 35.69 13365 PLAISTED COMPANIES 146.65 13366 S.E.H./R.C.M. 2,830.00 13367 SCHARBER & SONS 265.86 13368 SPRINT-UTS 618.26 13369 TRAFF/STABER/ASSOCIATES 100.00 13370 U. S. BANK 9,850.00 CLAIMS LIST July 17, 2000 13371 VERIZON 13372 WASTE MANAGEMENT 13373 WEBER OIL COMPANY 13374 WRIGHT COUNTY TREASURER 13375 WRIGHT RECYCLING Total Bills 32.45 94.10 140.27 20,523.00 1,715.00 172,267.96 CITY OF ALBERTVILLE Friday, July 14, 2000 Check Detail Register Page 1 of 4 Check Amt Invoice Comment 10100 Security State Bank Unpaid ACTION RADIO & COMMUNICATIONS E 101-42000-586 C/O - Pagers $1,394.62 4547 Pagers Total ACTION RADIO & COMMUNICATIONS $1,394.62 UnPaid AFFORDABLE SANITATION, INC E 101-45100-415 Other Equipment Rentals $309.20 7027 Portable Toilets Total AFFORDABLE SANITATION, INC $309.20 UnPaid ARAMARK UNIFORM SERVICES E 602-49400-417 Uniform Rentals $27.85 John - Water E 601-49450-417 Uniform Rentals $27.85 John- WWTF E 101-43100-417 Uniform Rentals $55.70 Ken E 101-45100-417 Uniform Rentals $55.70 Tim Total ARAMARK UNIFORM SERVICES $167.10 Unpaid B & B MASONRY E 101-42000-405 Repair/Maint - Buildings $1,600.00 50003 Sidewalks - Fire Hall Total B & B MASONRY $1,600.00 UnPaid B & D PLUMBING E 101-41940-404 Repair/Maint - Machinery/Equip $848.50 41651 Repair City Hall A/C Total B & D PLUMBING $848.50 UnPaid— " r.; ,,,, ,—,",—,,.,,. — ,—, CARQUEST — ,, � E 602-49400-404 Repair/Maint - Machinery/Equip $23.13 E 101-43100-404 Repair/Maint - Machinery/Equip $44.90 E 101-43100-404 Repair/Maint - Machinery/Equip $10.67 E 101-43100-404 Repair/Maint - Machinery/Equip $3.20 E101-45100-404 Repair/Maint- Machinery/Equip $60.49 Total CARQUEST $142.39 Paid CENTRAL RIVERS COOPERATIVE E 601-49450-210 Operating Supplies (GENERAL) $113.45 A15963 RoundUp Total CENTRAL RIVERS COOPERATIVE $113.45 .....--.��.�.,,, ..�,�;, �..�. Unpaid CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $297.00 6375 Kennel Charges - May Total CITY OF MONTICELLO $297.00 Unpaid DANKO EMERGENCY EQUIPMENT E 101-42000-584 C/O - Trunout Gear $394.00 327679 Turn Out Gear Total DANKO EMERGENCY EQUIPMENT $394.00 Unpaid DENNYS SMALL ENGINE/CHAIN SAW E 101-43100-404 Repair/Maint - Machinery/Equip $5.27 Total DENNY'S SMALL ENGINE/CHAIN SAW $5.27 "UnPaid DISTRICT 12 WOMEN OF TODAY R 101-36200 Donations $350.00 Donation Total DISTRICT 12 WOMEN OF TODAY $350.00 CITY OF ALBERTVILLE Friday, July 14, 2000 Check Detail Register Page 2 of 4 Check Amt Invoice Comment S Unpaid EGGEN'S DIRECT SERVICE, INC. E 101-43100-215 Shop Supplies $2.93 E 602-49400-212 Motor Fuels $34.00 E 601-49450-212 Motor Fuels $42.25 E 101-43100-212 Motor Fuels $38.50 E 101-43100-215 Shop Supplies $33.08 E 101-42000-212 Motor Fuels $7.84 E 101-45100-212 Motor Fuels $19.47 E 101-41940-210 Operating Supplies (GENERAL) $33.09 Total EGGEN'S DIRECT SERVICE, INC. $211.16 UnPaid EULL CONCRETE PRODUCTS, INC. E 101-45100-530 Improvements Other Than Bldgs $85.20 2821 U-Cart Total EULL CONCRETE PRODUCTS, INC. $85.20 Unpaid FIRSTAR TRUST COMPANY E 354-47000-611 Bond Interest $46,675.00 328872 Lease/Revenue Bond E 355-47000-611 Bond Interest $77,990.00 328887 1999A G.O. Imp Bond Total FIRSTAR TRUST COMPANY $124,665.00 UnPaid GOPHER STATE ONE CALL, INC. w tl E 601-49450-210 Operating Supplies (GENERAL) $55.20 60082 Locates E 602-49400-210 Operating Supplies (GENERAL) $55.20 60082 Locates Total GOPHER STATE ONE CALL, INC. $110.40 Unpaid KEN DEHMER TRUCKING & EXCAVATI E 101-45100-210 Operating Supplies (GENERAL) $6.00 2155 Sand Total KEN DEHMER TRUCKING & EXCAVATI $6.00 UnPaid LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $652.77 June Legals Total LARSON PUBLICATIONS $652.77 UnPaid MIDWEST ANALYTICAL SERVICES v E 601-49450-218 Testing Expenses $60.00 114768 Testing E 601-49450-218 Testing Expenses $126.00 114681 Total MIDWEST ANALYTICAL SERVICES $186.00 UnPaid MILLER TRUCKING/LANDSCAPING SU E 101-45100-530 Improvements Other Than Bldgs $38.34 50597 Pulverized Black Dirt Total MILLER TRUCKING/LANDSCAPING SU $38.34 Unpaid _,..:MINNEGASCO E 101-42000-383 Gas Utilities $22.22 Fire Hall E 101-43100-383 Gas Utilities $7.41 PW E 101-41940-383 Gas Utilities $14.14 City Hall Total MINNEGASCO $43.77 Unpaid MN FIRE SERVICE CERTIFICATION E 101-42000-107 Training Reimbursement $35.00 Chad Chicos E 101-42000-107 Training Reimbursement $245.00 Certification Tests E 101-42000-107 Training Reimbursement $35.00 Tate Mills CITY OF ALBERTVILLE Check Detail Register Check Amt Invoice Comment Total MN FIRE SERVICE CERTIFICATION $315.00 Unpaid NCPER S GROUP LIFE INSURANCE G 101-21710 Other Deducations $12.00 Payroll Deduction Total NCPER S GROUP LIFE INSURANCE $12.00 UnPaid NORTHERN TOOL & EQUIPMENT E 101-43100-404 Repair/Maint-Machinery/Equip $288.63 19269011 Hitch/Parts Total NORTHERN TOOL & EQUIPMENT $288.63 UnPaid NSP E 601-49450-381 Electric Utilities $90.62 Barthel Lift Station E 101-43160-381 Electric Utilities $3,232.38 Street Lights E 601-49450-381 Electric Utilities $99.78 DJ's Lift Station E 101-41940-381 Electric Utilities $82.92 City Hall E 101-45100-381 Electric Utilities $26.58 Lions Shelter E 101-45100-381 Electric Utilities $23.32 4-S Park E 101-41940-381 Electric Utilities $20.97 Park & Ride E 101-41940-381 Electric Utilities $3.14 Civil Defense Siren E 601-49450-381 Electric Utilities $1,495.79 WWTF Total NSP $5,075.50 Friday, July 14, 2000 Page 3 of 4 UnPaid•_,,.��- , �-�r� ,.�� n PAT'S 66 E 101-45100-212 Motor Fuels $35.69 Total PATS 66 $35.69 Unpaid PLAISTED COMPANIES E 101-45100-530 Improvements Other Than Bldgs $146.65 14955 Sand for City Park Total PLAISTED COMPANIES $146.65 Unpaid S.E.H./R.C.M. E 601-49450-300 Professional Srvs (GENERAL) $2,830.00 65413 Plans & Specs - WWfF Expansion Total S.E.H./R.C.M. $2,830.00 l.lnPaid',.�A , SCHARBER & E 101-45100-404 Repair/Maint - Machinery/Equip $95.21 229705 John Deere Parts E 101-45100-404 Repair/Maint - Machinery/Equip $85.09 228558 John Deere Parts E 101-45100-404 Repair/Maint - Machinery/Equip $85.56 229425 John Deere Parts Total SCHARBER & SONS $265.86 .SPRINT-UTS E 101-42000-321 Telephone $34.28 497-4836 E 101-42000-321 Telephone $34.28 497-7474 E 101-41940-321 Telephone $430.48 City Hall Phones E 101-43100-321 Telephone $32.42 497-0774 E 601-49450-321 Telephone $25.96 WWTF E 101-45100-321 Telephone $28.42 Park Shelter E 101-43100-321 Telephone $32.42 497-3145 Total SPRINT-UTS $618.26 Unpaid TRAFF/STABER/ASSOCIATES E 101-42000-361 General Liability Ins $100.00 Policy #060158253564 CITY OF ALBERTVILLE Friday, July 14, 2000 Check Detail Register Page 4 of 4 Check Amt Invoice Comment Total TRAFF/STABER/ASSOCIATES $100.00 UnPald ' U. S. BANK � E 324-47000-601 Debt Sry Bond Principal $4,015.00 1993A G.O. Imp/Ref Bond E 353-47000-611 Bond Interest $5,835.00 1996A G.O. Tax Increment Bond Total U.S. BANK $9,850.00 Unpaid VERIZON E 101-43100-321 Telephone $6.34 E 602-49400-321 Telephone $13.05 E 601-49450-321 Telephone $13.06 Total VERIZON $32.45 UnPaid WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $47.05 1593-0024816 E 101-45100-384 Refuse/Garbage Disposal $47.05 1593-0024816 Total WASTE MANAGEMENT $94.10 _< v..,. � ,.5�, . . ,. ... �. _ ro� �, _ a �_.w.. ' , ,.,, ..�., . --.—'- ' ,�" -.. ,.,,,.�� ,�.� " —.�,n..�..,..,.,�s.,,�a,.., Unpaid WEBER OIL COMPANY E 101-43100-212 Motor Fuels $62.63 37165 Diesel Fuel E 101-43100-212 Motor Fuels $77.64 37380 Diesel Fuel Total WEBER OIL COMPANY $140.27 Unpaid WRIGHT COUNTY TREASURER E 101-42110-307 Police Contract Fees $9,333.00 Patrol 6 July Police E 101-41550-300 Professional Srvs (GENERAL) $11,190.00 055-K 2000 Assessment Contract Total WRIGHT COUNTY TREASURER $20,523.00 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $1,715.00 June 2000 Total WRIGHT RECYCLING $1,715.00 10100 Security State Bank $173,662.58 CITY OF ALBERTVILLE Revenue Guideline Current Period: June 2000 Act OBJECT % Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 101 GENERAL FUND Active R 101-31000 General Property Taxes $0.00 $0.00 $0.00 $0.00 0 Active R 101-31010 Current Ad Valorem Taxes $669,611.00 $1.88 $0.00 $669,609.12 0 Active R 101-31020 Delinquent Ad Valorem Ta $0.00 $821.00 $0.00 -$821.00 0 Active R 101-31050 Tax Increments $0.00 $0.00 $0.00 $0.00 0 Active R 101-31900 Penalties and Interest Del $0.00 $0.00 $0.00 $0.00 0 In -Active R 101-32000 Licenses and Permits $0.00 $0.00 $0.00 $0.00 0 Active R 101-32100 Business Licenses/Permits $15,000.00 $6,019.96 $100.00 $8,980.04 40.13 Active R 101-32110 Liquor Licenses $13,200.00 $7,940.00 $0.00 $5,260.00 60.15 Active R 101-32120 3.2 Licenses $200.00 $40.00 $30.00 $160.00 20 Active R 101-32150 Sign Permits $4,200.00 $0.00 $0.00 $4,200.00 0 Active R 101-32180 Other Licenses/Permits $0.00 $0.00 $0.00 $0.00 0 Active R 101-32210 Building Permits $50,000.00 $75,818.93 $10,338.77 -$25,818.93 151.64 Active R 101-32240 Animal Licenses $150.00 $135.00 $0.00 $15.00 90 Active R 101-33401 Local Government Aid $84,109.00 $0.00 $0.00 $84,109.00 0 Active R 101-33402 Homestead Credit $138,157.00 $0.00 $0.00 $138,157.00 0 Active R 101-33405 Police Aid $7,800.00 $0.00 $0.00 $7,800.00 0 Active R 101-33406 Fire Aid $12,257.00 $0.00 $0.00 $12,257.00 0 Active R 101-33422 Other State Aid Grants $0.00 $0.00 $0.00 $0.00 0 Active R 101-33620 Other County Grants/Aid $5,000.00 $4,370.00 $0.00 $630.00 87.4 Active R 101-34000 Charges for Services $1,000.00 $849.00 -$475.00 $151.00 84.9 Active R 101-34101 Lease Payment -City Prop $0.00 $1,689.00 $1,689.00 -$1,689.00 0 Active R 101-34103 Zoning and Subdivision Fe $0.00 $16,695.00 $755.00 -$16,695.00 0 Active R 101-34105 Sale of Maps and Publicati $0.00 $245.00 $50.00 -$245.00 0 Active R 101-34106 PID/Legal Description Req $500.00 $90.00 $0.00 $410.00 18 Active R 101-34107 Assessment Search Fees $1,000.00 $400.00 $160.00 $600.00 40 Active R 101-34109 Other Gen Govt Charges $0.00 $293.94 $0.00 -$293.94 0 Active R 101-34202 Special Fire Protection Sry $43,940.00 $10,242.97 $0.00 $33,697.03 23.31 Active R 101-34780 Park Fees $2,000.00 $700.00 $200.00 $1,300.00 35 Active R 101-34950 Other Revenues $0.00 $1,840.02 $787.50 -$1,840.02 0 Active R 101-35000 Fines and Forfeits $100.00 $0.00 $0.00 $100.00 0 Active R 101-36200 Donations $0.00 $2,800.83 -$1,510.20 -$2,800.83 0 Active R 101-36210 Interest Earnings $25,000.00 $47,387.73 $16,613.25 -$22,387.73 189.55 On Hold R 101-36220 Loan Payment - Principal $950.00 $0.00 $0.00 $950.00 0 In -Active R 101-36230 Loan Payment- Interest $0.00 $0.00 $0.00 $0.00 0 Active R 101-39101 Sales of General Fixed As $0.00 $3,056.79 $0.00 -$3,056.79 0 Active R 101-39203 Transfer from Other Fund $0.00 $0.00 $0.00 $0.00 0 Fund 101 GENERAL FUND $1,074,174.00 $181,437.05 $28,738.32 $892,736.95 16.89% CITY OF ALBERTVILLE 07/11/00 12:58 PM Page 1 Expenditure Guideline Current Period: June 2000 Act Status Account Descr YTD Budget YTD Amount MTD Amount Enc Current Balance % of Budget Fund 101 GENERAL FUND Dept 41100 Council Active E 101-41100-100 Wages and Salaries (GEN $11,400.00 $5,700.00 $950.00 $0.00 $5,700.00 50 Active E 101-41100-122 FICA $872.00 $436.14 $72.69 $0.00 $435.86 50.02 Active E 101-41100-151 Worker's Comp Insurance $200.00 $36.14 $0.00 $0.00 $163.86 18.07 Active E 101-41100-200 Office Supplies (GENERA $200.00 $207.12 $150.00 $0.00 -$7.12 103.56 Active E 101-41100-208 Training and Instruction $300.00 $0.00 $0.00 $0.00 $300.00 0 Active E 101-41100-300 Professional Srvs (GENE $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 101-41100-331 Travel Expenses $300.00 $0.00 $0.00 $0.00 $300.00 0 Active E 101-41100-351 Legal Notices Publishing $7,000.00 $880.40 $58.47 $0.00 $6,119.60 12.58 Active E 101-41100-361 General Liability Ins $5,500.00 $20.00 $0.00 $0.00 $5,480.00 0.36 Active E 101-41100-433 Dues and Subscriptions $3,000.00 $749.95 $30.00 $0.00 $2,250.05 25 Active E 101-41100-490 Donations to Civic Org's $0.00 $0.00 $0.00 $0.00 $0.00 0 Dept 41100Counc!l $33,772.00 $8,029.75 $1,261.16 $0.00 $25,742.25 23.78% Dept 41300 Administrator Active E 101-41300-101 Full -Time Employees Reg Active E 101-41300-102 Full -Time Employees Over Active E 101-41300-121 PERA Active E 101-41300-122 FICA Active E 101-41300-131 Employer Paid Health Active E 101-41300-151 Worker's Comp Insurance Active E 101-41300-200 Office Supplies (GENERA Active E 101-41300-208 Training and Instruction Active E 101-41300-331 Travel Expenses Active E 101-41300-361 General Liability Ins Active E 101-41300-433 Dues and Subscriptions Active E 101-41300-560 Furniture and Fixtures Active E 101-41300-570 Office Equip and Furnishin Dept 41300 Administrator Dept 41400 City Clerk Active E 101-41400-101 Full -Time Employees Reg Active E 101-41400-102 Full -Time Employees Over Active E 101-41400-104 Temporary Employees Re Active E 101-41400-121 PERA Active E 101-41400-122 FICA Active E 101-41400-131 Employer Paid Health Active E 101-41400-151 Worker's Comp Insurance Active E 101-41400-200 Office Supplies (GENERA Active E 101-41400-202 Duplicating and copying s Active E 101-41400-208 Training and Instruction Active E 101-41400-301 Auditing and Acct'g Servic Active E 101-41400-322 Postage $47,250.00 $23,532.38 $3,633.60 $0.00 $23,717.62 49.8 $0.00 $0.00 $0.00 $0.00 $0.00 0 $2,450.00 $1,218.97 $188.22 $0.00 $1,231.03 49.75 $3,615.00 $1,800.17 $277.96 $0.00 $1,814.83 49.8 $6,000.00 $4,722.03 $783.10 $0.00 $1,277.97 78.7 $200.00 -$50.70 $0.00 $0.00 $250.70 -25.35 $200.00 $437.00 $279.87 $0.00 -$237.00 218.5 $500.00 $310.00 $0.00 $0.00 $190.00 62 $750.00 $26.10 $0.00 $0.00 $723.90 3.48 $500.00 $0.00 $0.00 $0.00 $500.00 0 $100.00 $35.00 $35.00 $0.00 $65.00 35 $500.00 $0.00 $0.00 $0.00 $500.00 0 $2,500.00 $6,497.93 $0.00 $0.00 -$3,997.93 259.92 $64,565.00 $38,528.88 $5,197.75 $0.00 $26,036.12 59.67% $24,960.00 $13,056.00 $2,016.00 $0.00 $11,904.00 52.31 $0.00 $0.00 $0.00 $0.00 $0.00 0 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 $1,295.00 $676.25 $104.42 $0.00 $618.75 52.22 $1,910.00 $998.88 $154.24 $0.00 $911.12 52.3 $6,000.00 $4,722.03 $783.10 $0.00 $1,277.97 78.7 $150.00 -$50.70 $0.00 $0.00 $200.70 -33.8 $2,500.00 $1,190.82 $23.95 $0.00 $1,309.18 47.63 $1,000.00 $277.38 $178.72 $0.00 $722.62 27.74 $300.00 $476.00 $365.00 $0.00 -$176.00 158.67 $10,000.00 $5,029.71 $0.00 $0.00 $4,970.29 50.3 $1,200.00 $569.49 $515.00 $0.00 $630.51 47.46 S CITY OF ALBERTVILLE Expenditure Guideline Current Period: June 2000 07/11/00 3:58 PM Page 2 Act Status Account Descr YTD Budget YTD Amount MTD Amount Enc Current Balance % of Budget Active E 101-41400-331 Travel Expenses $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-41400-361 General Liability Ins $4,000.00 $1,076.64 $0.00 $0.00 $2,923.36 26.92 Active E 101-41400-404 Repair/Maint - Machinery/ $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-41400-413 Office Equipment Rental $1,200.00 $714.90 $337.45 $0.00 $485.10 59.58 Active E 101-41400-433 Dues and Subscriptions $50.00 $35.00 $35.00 $0.00 $15.00 70 Active E 101-41400-560 Furniture and Fixtures $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 101-41400-570 Office Equip and Furnishin $2,000.00 $5,650.20 $0.00 $0.00 -$3,650.20 282.51 Active E 101-41400-592 Elections $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Dept41400 City Clerk $67,765.00 $34,422.60 $4,512.88 $0.00 $33,342.40 50.80% Dept 41410 Elections Active E 101-41410-100 Wages and Salaries (GEN Active E 101-41410-203 Printed Forms Active E 101-41410-300 Professional Srvs (GENE Dept 41410 Elections Dept 41550 Assessing Active E 101-41550-300 Professional Srvs (GENE Dept 41550 Assessing Dept 41600 City Attorney $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 $10,000.00 $0.00 $0.00 Active E 101-41600-304 Legal Fees $15,000.00 $8,045.50 $1,925.00 Dept 41600 City Attorney $15,000.00 $8,045.50 $1,925.00 Dept 41700 City Engineer Active E 101-41700-303 Engineering Fees $25,000.00 $28,295.52 $6,836.80 Dept 41700 City Engineer $25,000.00 $28,295.52 $6,836.80 Dept 41800 Economic Development Active E 101-41800-200 Office Supplies (GENERA Active E 101-41800-208 Training and Instruction Active E 101-41800-331 Travel Expenses Active E 101-41800-511 Taxes on City Property Active E 101-41800-599 TIF Local Contribution Dept 41800 Economic Development Dept 41910 Planning and Zoning Active E 101-41910-100 Wages and Salaries (GEN Active E 101-41910-109 Wages - Zoning Administr Active E 101-41910-122 FICA Active E 101-41910-200 Office Supplies (GENERA Active E 101-41910-208 Training and Instruction Active E 101-41910-306 Planning Fees Active E 101-41910-331 Travel Expenses $0.00 $0.00 $10,000.00 $6,954.50 0.00% 53.64 $0.00 $6,954.50 53.64% $0.00-$3,295.52 113.18 $0.00-$3,295.52 113.18% $100.00 $0.00 $0.00 $0.00 $100.00 0 $100.00 $0.00 $0.00 $0.00 $100.00 0 $100.00 $0.00 $0.00 $0.00 $100.00 0 $0.00 $2,180.92 $0.00 $0.00 -$2,180.92 0 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 $5,300.00 $2,180.92 $0.00 $0.00 $3,119.08 41.15% $1,200.00 $600.00 $100.00 $0.00 $600.00 50 $15,600.00 $0.00 $0.00 $0.00 $15,600.00 0 $1,193.00 $44.70 $7.65 $0.00 $1,148.30 3.75 $200.00 $34.04 $0.00 $0.00 $165.96 17.02 $500.00 $205.00 $205.00 $0.00 $295.00 41 $8,000.00 $18,895.45 $4,013.79 $0.00 -$10,895.45 236.19 $500.00 $0.00 $0.00 $0.00 $500.00 0 CITY OF ALBERTVILLE Expenditure Guideline Current Period: June 2000 07/11/00 12:58 PM Page 3 Act YTD Status Account Descr Budget YTD Amount MTD Amount Enc Current % Balance of Budget Dept 41910 Planning and Zoning $27,193.00 $19,779.19 $4,326.44 $0.00 $7,413.81 72.74% Dept 41940 General Govt Buildings/Plant Active E 101-41940-210 Operating Supplies (GEN Active E 101-41940-321 Telephone Active E 101-41940-361 General Liability Ins Active E 101-41940-381 Electric Utilities Active E 101-41940-383 Gas Utilities Active E 101-41940-384 Refuse/Garbage Disposal Active E 101-41940-399 Miscellaneous Active E 101-41940-401 Repair/Maint -Unpaved Active E 101-41940-404 Repair/Maint - Machinery/ Active E 101-41940-520 Buildings and Structures Active E 101-41940-530 Improvements Other Than Active E 101-41940-560 Furniture and Fixtures Active E 101-41940-580 Other Equipment Dept 41940 General Govt Buildings/Plant Dept 42000 Fire Department Active E 101-42000-100 Wages and Salaries (GEN Active E 101-42000-106 Wages - Fire Calls Active E 101-42000-107 Training Reimbursement Active E 101-42000-108 Medical Training Active E 101-42000-122 FICA Active E 101-42000-124 Fire Pension Contributions Active E 101-42000-150 Worker's Comp (GENERA Active E 101-42000-200 Office Supplies (GENERA Active E 101-42000-208 Training and Instruction Active E 101-42000-212 Motor Fuels Active E 101-42000-301 Auditing and Acct'g Servic Active E 101-42000-305 Medical - Physicals Active E 101-42000-311 EMT Training Active E 101-42000-312 First Responder Training Active E 101-42000-321 Telephone Active E 101-42000-331 Travel Expenses Active E 101-42000-361 General Liability Ins Active E 101-42000-381 Electric Utilities Active E 101-42000-383 Gas Utilities Active E 101-42000-384 Refuse/Garbage Disposal Active E 101-42000-404 Repair/Maint - Machinery/ Active E 101-42000-405 Repair/Maint - Buildings Active E 101-42000-417 Uniform Rentals Active E 101-42000-433 Dues and Subscriptions Active E 101-42000-447 C/O - Furniture $1,200.00 $852.82 $286.08 $0.00 $347.18 71.07 $2,500.00 $1,480.61 $310.76 $0.00 $1,019.39 59.22 $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 $2,800.00 $1,494.34 $558.89 $0.00 $1,305.66 53.37 $1,500.00 $341.64 $19.71 $0.00 $1,158.36 22.78 $800.00 $423.95 $94.10 $0.00 $376.05 52.99 $500.00 $265.75 $0.00 $0.00 $234.25 53.15 $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 $500.00 $0.00 $0.00 $0.00 $500.00 0 $1,000.00 $435.88 $40.03 $0.00 $564.12 43.59 $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 $500.00 $295.00 $0.00 $0.00 $205.00 59 $21,300.00 $5,589.99 $1,309.57 $0.00 $15,710.01 26.24% $1,500.00 $0.00 $0.00 $0.00 $1,500.00 0 $10,000.00 $2,695.00 $0.00 $0.00 $7,305.00 26.95 $9,000.00 $0.00 $0.00 $0.00 $9,000.00 0 $2,500.00 $816.00 $816.00 $0.00 $1,684.00 32.64 $0.00 $0.00 $0.00 $0.00 $0.00 0 $12,257.00 $2,493.00 $0.00 $0.00 $9,764.00 20.34 $3,700.00 -$133.73 $0.00 $0.00 $3,833.73 -3.61 $3,000.00 $1,879.42 $31.63 $0.00 $1,120.58 62.65 $4,500.00 $48.00 $0.00 $0.00 $4,452.00 1.07 $800.00 $1,684.95 $65.05 $0.00 -$884.95 210.62 $1,400.00 $84.00 $0.00 $0.00 $1,316.00 6 $600.00 $944.00 $0.00 $0.00 -$344.00 157.33 $800.00 $349.00 $154.00 $0.00 $451.00 43.63 $800.00 $613.30 $144.40 $0.00 $186.70 76.66 $1,200.00 $519.85 $75.57 $0.00 $680.15 43.32 $1,000.00 $313.20 $127.60 $0.00 $686.80 31.32 $3,100.00 $0.00 $0.00 $0.00 $3,100.00 0 $2,000.00 $770.84 $201.24 $0.00 $1,229.16 38.54 $1,500.00 $519.62 $36.03 $0.00 $980.38 34.64 $800.00 $0.00 $0.00 $0.00 $800.00 0 $2,500.00 $1,656.86 $57.67 $0.00 $843.14 66.27 $500.00 $266.00 $0.00 $0.00 $234.00 53.2 $200.00 $0.00 $0.00 $0.00 $200.00 0 $200.00 $105.00 $0.00 $0.00 $95.00 52.5 $0.00 $6,035.75 $0.00 $0.00 -$6,035.75 0 CITY OF ALBERTVILLE 07/11/00 12:58 PM Page 4 Expenditure Guideline Current Period: June 2000 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-42000-521 C/O - Fire Hall $40,000.00 $3,241.06 $0.00 $0.00 $36,758.94 8.1 Active E 101-42000-551 C/O - Fire Trucks $30,000.00 $809.82 $0.00 $0.00 $29,190.18 2.7 Active E 101-42000-560 Furniture and Fixtures $2,000.00 $4,065.54 $0.00 $0.00 -$2,065.54 203.28 Active E 101-42000-570 Office Equip and Fumishin $2,000.00 $1,440.00 $0.00 $0.00 $560.00 72 Active E 101-42000-580 Other Equipment $0.00 $9,146.22 $0.00 $0.00 -$9,146.22 0 Active E 101-42000-583 C/O - Hose $1,500.00 $0.00 $0.00 $0.00 $1,500.00 0 Active E 101-42000-584 C/O - Trunout Gear $2,500.00 $0.00 $0.00 $0.00 $2,500.00 0 Active E 10 1 -42000-585 C/O - Air Packs $2,600.00 $0.00 $0.00 $0.00 $2,600.00 0 Active E 101-42000-586 C/O - Pagers $1,000.00 $319.50 $0.00 $0.00 $680.50 31,95 Active E 101-42000-587 C/O - Tools $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Dept 42000 Fire Department $146,457.00 $40,682.20 $1,709.19 $0.00 $105,774.80 27.78% Dept 42110 Police Administration Active E 101-42110-307 Police Contract Fees Dept 42110 Police Administration Dept 42400 Building Inspection (GENERAL) Active E 101-42400-302 Building Inspection Fees Dept 42400 Building Inspection (GENERAL) Dept 42700 Animal Control Active E 10 1 -42700-309 Animal Control Contract Dept 42700 Animal Control Dept 43100 Hwys, Streets, & Roads Active E 101-43100-101 Full -Time Employees Reg Active E 101-43100-102 Full -Time Employees Over Active E 101-43100-104 Temporary Employees Re Active E 101-43100-121 PERA Active E 101-43100-122 FICA Active E 101-43100-130 Employer Paid Ins (GENE Active E 101-43100-151 Worker's Comp Insurance Active E 101-43100-208 Training and Instruction Active E 101-43100-212 Motor Fuels Active E 101-43100-215 Shop Supplies Active E 101-43100-221 Ice Removal Active E 101-43100-222 Sand & Gravel Active E 101-43100-223 Seal Coating Active E 101-43100-224 Street Overlayment Active E 101-43100-226 Sign Repair Materials Active E 101-43100-227 Street Sweeping Active E 101-43100-321 Telephone Active E 101-43100-331 Travel Expenses Active E 101-43100-381 Electric Utilities $111,690.00 $55,998.00 $9,333.00 $0.00 $55,692.00 50.14 $111,690.00 $55,998.00 $9,333.00 $0.00 $55,692.00 50.14% $0.00 $20,479.74 $0.00 $0.00 -$20,479.74 0 $0.00 $20,479.74 $0.00 $0.00 -$20,479.74 0.00% $3,000.00 $639.00 $54.00 $0.00 $2,361.00 21.3 $3,000.00 $639.00 $54.00 $0.00 $2,361.00 21.30% $33,852.00 $16,715.20 $2,579.20 $0.00 $17,136.80 49.38 $500.00 $217.62 $0.00 $0.00 $282.38 43.52 $4,000.00 $2,025.81 $312.00 $0.00 $1,974.19 50.65 $1,985.00 $874.19 $133.62 $0.00 $1,110.81 44.04 $2,935.00 $1,378.52 $197.32 $0.00 $1,556.48 46.97 $6,000.00 $4,722.03 $783.10 $0.00 $1,277.97 78.7 $2,600.00 -$252.43 $0.00 $0.00 $2,852.43 -9.71 $750.00 $270.00 $0.00 $0.00 $480.00 36 $3,500.00 $1,301.55 $30.00 $0.00 $2,198.45 37.19 $3,000.00 $1,153.38 $231.67 $0.00 $1,846.62 38.45 $3,000.00 $2,010.51 $0.00 $0.00 $989.49 67.02 $1,000.00 $15.00 $15.00 $0.00 $985.00 1.5 $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 $60,000.00 $2,513.90 $2,513.90 $0.00 $57,486.10 4.19 $500.00 $2,684.54 $0.00 $0.00 -$2,184.54 536.91 $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 $900.00 $525.18 $98.91 $0.00 $374.82 58.35 $100.00 $0.00 $0.00 $0.00 $100.00 0 $1,200.00 $303.64 $67.08 $0.00 $896.36 25.3 CITY OF ALBERTVILLE Expenditure Guideline Current Period: June 2000 07/11/00 12:58 PM Page 5 Act YTD YTD MTD Enc %. Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-43100-383 Gas Utilities $2,300.00 $324.30 $12.01 $0.00 $1,975.70 14.1 Active E 101-43100-400 Repair/Maint - Paved Rd $5,000.00 $3,433.39 $28.51 $0.00 $1,566.61 68.67 Active E 101-43100-401 Repair/Maint - Unpaved $4,000.00 $2,728.90 $0.00 $0.00 $1,271.10 68.22 Active E 101-43100-402 Repair/Maint - Sidewalks $5,000.00 $5,000.00 $5,000.00 $0.00 $0.00 100 Active E 101-43100-403 Repair/Maint - Catch Basi $3,000.00 $73.96 $0.00 $0.00 $2,926.04 2.47 Active E 101-43100-404 Repair/Maint - Machinery/ $9,000.00 $741.30 $382.25 $0.00 $8,258.70 8.24 Active E 101-43100-405 Repair/Maint -Buildings $3,000.00 $161.36 $0.00 $0.00 $2,838.64 5.38 Active E 101-43100-410 Rentals (GENERAL) $500.00 $475.00 $0.00 $0.00 $25.00 95 Active E 101-43100-417 Uniform Rentals $750.00 $335.28 $108.23 $0.00 $414.72 44.7 Active E 101-43100-433 Dues and Subscriptions $250.00 $258.83 $0.00 $0.00 -$8.83 103.53 Active E 101-43100-522 C/O - PW Building $15,000.00 $7,125.20 $0.00 $0.00 $7,874.80 47.5 Active E 101-43100-541 C/O - Tractor/Loader $20,000.00 $0.00 $0.00 $0.00 $20,000.00 0 Active E 101-43100-542 C/O - Snow Plow $20,000.00 $0.00 $0.00 $0.00 $20,000.00 0 Active E 101-43100-552 C/O - Pick-up $7,000.00 $0.00 $0.00 $0.00 $7,000.00 0 Active E 101-43100-581 C/O - Mower $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 Active E 101-43100-582 C/O - Misc. Equipment $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Dept 43100 Hwys, Streets, &Roads $241,622.00 $57,116.16 $12,492.80 $0.00 $184,505.84 23.64% Dept 43160 Street Lighting Active E 101-43160-381 Electric Utilities $32,000.00 $18,955.32 $3,258.09 $0.00 $13,044.68 59.24 Dept 43160 Street Lighting $32,000.00 $18,955.32 $3,258.09 $0.00 $13,044.68 59.24% Dept 43200 Sanitation (GENERAL) Active E 101-43200-210 Operating Supplies (GEN $0.00 $2,280.59 $0.00 $0.00 -$2,280.59 0 Active E 101-43200-308 Recycling Contract Fee $20,540.00 $10,122.75 $1,715.00 $0.00 $10,417.25 49.28 Dept43200 Sanitation (GENERAL) $20,540.00 $12,403.34 $1,715.00 $0.00 $8,136.66 60.39% Dept 45000 Culture and Rec (GENERAL) Active E 101-45000-596 Friendly City Days $4,250.00 $3,300.00 $0.00 $0.00 $950.00 77.65 Active E 101-45000-597 Ice Arena Funding $15,000.00 $0.00 $0.00 $0.00 $15,000.00 0 Active E 101-45000-598 Pledges & Contributions $750.00 $0.00 $0.00 $0.00 $750.00 0 Dept 45000 Culture and Rec (GENERAL) $20,000.00 $3,300.00 $0.00 $0.00 $16,700.00 16.50% Dept 45100 Recreation (GENERAL) Active E 101-45100-101 Full -Time Employees Reg $34,944.00 $17,697.50 $2,817.50 $0.00 $17,246.50 50.65 Active E 101-45100-102 Full -Time Employees Over $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-45100-104 Temporary Employees Re $1,000.00 $135.00 $0.00 $0.00 $865.00 13.5 Active E 101-45100-121 PERA $1,888.00 $911.70 $140.90 $0.00 $976.30 48.29 Active E 101-45100-122 FICA $2,788.00 $1,346.40 $208.08 $0.00 $1,441.60 48.29 Active E 101-45100-130 Employer Paid Ins (GENE $6,000.00 $4,722.03 $783.10 $0.00 $1,277.97 78.7 Active E 101-45100-151 Worker's Comp Insurance $2,600.00 -$46.19 $0.00 $0.00 $2,646.19 -1.78 Active E 101-45100-208 Training and Instruction $200.00 $132.00 $0.00 $0.00 $68.00 66 Active E 101-45100-210 Operating Supplies (GEN $2,500.00 $1,032.66 $287.06 $0.00 $1,467.34 41.31 Active E 101-45100-212 Motor Fuels $400.00 $348.45 $45.09 $0.00 $51.55 87.11 CITY OF ALBERTVILLE Expenditure Guideline Current Period: June 2000 07/11/00 12:58 PM Page 6 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-45100-321 Telephone $700.00 $223.91 $49.25 $0.00 $476.09 111111111 31.99 Active E 101-45100-331 Travel Expenses $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 101-45100-361 General Liability Ins $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 Active E 101-45100-381 Electric Utilities $2,700.00 $1,085.75 $232.58 $0.00 $1,614.25 40.21 Active E 101-45100-383 Gas Utilities $1,500.00 $280.43 $5.84 $0.00 $1,219.57 18.7 Active E 101-45100-384 Refuse/Garbage Disposal $800.00 $707.44 $94.10 $0.00 $92.56 88.43 Active E 101-45100-404 Repair/Maint - Machinery/ $3,000.00 $1,175.30 $512.72 $0.00 $1,824.70 39.18 Active E 101-45100-405 Repair/Maint - Buildings $2,000.00 $69.75 $65.18 $0.00 $1,930.25 3.49 Active E 101-45100-415 Other Equipment Rentals $2,500.00 $917.01 $309.20 $0.00 $1,582.99 36.68 Active E 101-45100-417 Uniform Rentals $750.00 $335.29 $108.24 $0.00 $414.71 44.71 Active E 101-45100-523 C/O - Park Buildings $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 101-45100-530 Improvements Other Than $10,000.00 $585.75 $0.00 $0.00 $9,414.25 5.86 Active E 101-45100-588 C/O - Park Mach/Equip $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 101-45100-589 C/O - Park/Trail Constructi $20,000.00 $0.00 $0.00 $0.00 $20,000.00 0 Active E 101-45100-595 City Special Assessments $3,200.00 $1,400.00 $0.00 $0.00 $1,800.00 43.75 Dept 45100 Recreation (GENERAL) $115,170.00 $33,060.18 $5,658.84 $0.00 $82,109.82 28,71% Dept 49300 Other Finanacing Uses Active E 101-49300-650 Working Capital Reserves $73,800.00 $0.00 $0.00 $0.00 $73,800.00 Active E 101-49300-660 Capital Projects Reserve $40,000.00 $251.26 $251.26 $0.00 $39,748.74 Dept 49300 Other Finanacing Uses $113,800.00 $251.26 $251.26 0 0.63 $0.00 $113,548.74 0.22% Fund 101 GENERAL FUND $1,074,174.00 $387,757.55 $59,841.78 $0.00 $686,416.45 36.10% CITY OF ALBERTVILLE 07/11/00 1:02 PM Page 53 Revenue Guideline Current Period: June 2000 Act OBJECT % Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 601 SEWER FUND Active R 601-36105 Certified Del. Utilities $0.00 $605.00 $0.00 -$605.00 0 Active R 601-36210 Interest Earnings $0.00 $0.00 $0.00 $0.00 0 Active R 601-37200 Sewer Sales $248,000.00 $122,733.61 $5,292.74 $125,266.39 49.49 Active R 601-37260 Swr Penalty $6,000.00 $1,156.65 $585.20 $4,843.35 19.28 Active R 601-99999 UNALLOCATED UTILITY $0.00 $0.00 $0.00 $0.00 0 Fund 601 SEWER FUND $254,000.00 $124,495.26 $5,877.94 $129,504.74 49.01 % CITY OF ALBERTVILLE 07/11/00 12:59 PM Page 58 Expenditure Guideline Current Period: June 2000 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Fund 601 SEWER FUND Dept 49450 Sewer (GENERAL) Active E 601-49450-101 Full -Time Employees Reg $20,000.00 $9,139.39 $1,400.00 $0.00 $10,860.61 45.7 Active E 601-49450-102 Full -Time Employees Over $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 601-49450-103 Part -Time Employees $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Active E 601-49450-104 Temporary Employees Re $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 601-49450-121 PERA $1,270.00 $437.34 $72.52 $0.00 $832.66 34.44 Active E 601-49450-122 FICA $1,875.00 $699.26 $107.10 $0.00 $1,175.74 37.29 Active E 601-49450-130 Employer Paid Ins (GENE $3,000.00 $2,733.86 $391.55 $0.00 $266.14 91.13 Active E 601-49450-151 Worker's Comp Insurance $590.00 $0.00 $0.00 $0.00 $590.00 0 Active E 601-49450-203 Printed Forms $300.00 $86.98 $0.00 $0.00 $213.02 28.99 Active E 601-49450-208 Training and Instruction $1,000.00 $616.58 $0.00 $0.00 $383.42 61.66 Active E 601-49450-210 Operating Supplies (GEN $1,000.00 $3,625.90 $278.58 $0.00 -$2,625.90 362.59 Active E 601-49450-212 Motor Fuels $600.00 $270.27 $0.00 $0.00 $329.73 45.05 Active E 601-49450-216 Chemicals - Alum $8,000.00 $4,217.66 $2,060.24 $0.00 $3,782.34 52.72 Active E 601-49450-217 Chemicals - Ferric Chlorid $7,200.00 $3,005.29 $0.00 $0.00 $4,194.71 41.74 Active E 601-49450-218 Testing Expenses $3,200.00 $1,737.00 $394.00 $0.00 $1,463.00 54.28 Active E 601-49450-300 Professional Srvs (GENE $4,000.00 $118,916.33 $16,005.00 $0.00 -$114,916.33 2972.91 Active E 601-49450-321 Telephone $2,700.00 $373.31 $62.83 $0.00 $2,326.69 13.83 Active E 601-49450-322 Postage $300.00 $354.85 $0.00 $0.00 -$54.85 118.28 Active E 601-49450-331 Travel Expenses $500.00 $215.62 $0.00 $0.00 $284.38 43.12 Active E 601-49450-361 General Liability Ins $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 Active E 601-49450-381 Electric Utilities $12,500.00 $7,341.20 $2,887.94 $0.00 $5,158.80 58.73 Active E 601-49450-383 Gas Utilities $2,400.00 $1,186.74 $0.00 $0.00 $1,213.26 49.45 Active E 601-49450-404 Repair/Maint - Machinery/ $5,000.00 $4,061.33 $76.21 $0.00 $938.67 81.23 Active E 601-49450-405 Repair/Maint - Buildings $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 601-49450-406 R/M - Collection System $5,000.00 $310.00 $0.00 $0.00 $4,690.00 6.2 Active E 601-49450-417 Uniform Rentals $375.00 $167.66 $54.12 $0.00 $207.34 44.71 Active E 601-49450-552 C/O - Pick-up $20,000.00 $1,842.78 $1,153.28 $0.00 $18,157.22 9.21 Active E 601-49450-580 Other Equipment $2,500.00 $3,854.19 $9.75 $0.00 -$1,354.19 154.17 Active E 601-49450-587 C/O - Tools $1,000.00 $2,659.01 $0.00 $0.00 -$1,659.01 265.9 Active E 601-49450-601 Debt Sry Bond Principal $61,489.34 $30,491.59 $0.00 $0.00 $30,997.75 49.59 Active E 601-49450-611 Bond Interest $38,441.18 $19,473.67 $0.00 $0.00 $18,967.51 50.66 Dept 49450 Sewer (GENERAL) $213,740.52 $217,817.81 $24,953.12 $0.00-$4,077.29 101.91% Fund 601 SEWER FUND $213,740.52 $217,817.81 $24,953.12 $0.00-$4,077.29 101.91% CITY OF ALBERTVILLE 07/11/00 1:02 PM Page 54 Revenue Guideline Current Period: June 2000 Act OBJECT Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 602 WATER FUND Active R 602-31300 General Sales and Use Ta $0.00 $1,304.89 $43.53 -$1,304.89 0 Active R 602-34950 Other Revenues $0.00 $0.00 $0.00 $0.00 0 Active R 602-36105 Certified Del. Utilities $0.00 $0.00 $0.00 $0.00 0 Active R 602-36210 Interest Earnings $0.00 $1,158.66 $0.00 -$1,158.66 0 Active R 602-37100 Water Sales - City $65,000.00 $42,208.33 $1,404.81 $22,791.67 64.94 Active R 602-37105 Water Sales - JPB $0.00 $46,197.85 $4,002.96 -$46,197.85 0 Active R 602-37130 Safe Water Test Fees $0.00 $96.64 $15.02 -$96.64 0 Active R 602-37160 Water Penalty - City $0.00 $182.67 $163.34 -$182.67 0 Active R 602-37165 Water Penalty - JP $0.00 $492.60 $449.76 -$492.60 0 Active R 602-37166 Safe Water Penalty $0.00 $19.09 $16.03 -$19.09 0 Active R 602-37170 WAC - City $48,000.00 $39,000.00 $6,000.00 $9,000.00 81.25 Active R 602-37171 WAC - JPB $0.00 $76,200.00 $12,000.00 -$76,200.00 0 Active R 602-37190 Meter Sales $8,000.00 $7,255.00 $1,580.00 $745.00 90.69 Active R 602-99999 UNALLOCATED UTILITY $0.00 $10,113.12 $1,336.25 -$10,113.12 0 Fund 602 WATER FUND $121,000.00 $224,228.85 $27,011.70 -$103,228.85 185.31% CITY OF ALBERTVILLE Expenditure Guideline Current Period: June 2000 07/11/00 12:59 PM Page 59 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Fund 602 WATER FUND Dept 49400 Water Utilities (GENERAL) Active E 602-49400-101 Full -Time Employees Reg $20,000.00 $9,139.36 $1,400.00 $0.00 $10,860.64 45.7 Active E 602-49400-102 Full -Time Employees Over $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 602-49400-104 Temporary Employees Re $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Active E 602-49400-121 PERA $1,245.00 $437.30 $72.52 $0.00 $807.70 35.12 Active E 602-49400-122 FICA $1,850.00 $699.26 $107.10 $0.00 $1,150.74 37.8 Active E 602-49400-130 Employer Paid Ins (GENE $3,000.00 $2,733.86 $391.55 $0.00 $266.14 91.13 Active E 602-49400-151 Worker's Comp Insurance $605.00 -$7.32 $0.00 $0.00 $612.32 -1.21 Active E 602-49400-203 Printed Forms $300.00 $324.62 $0.00 $0.00 -$24.62 108.21 Active E 602-49400-208 Training and Instruction $500.00 $312.50 $0.00 $0.00 $187.50 62.5 Active E 602-49400-210 Operating Supplies (GEN $500.00 $513.43 $177.65 $0.00 -$13.43 102.69 Active E 602-49400-212 Motor Fuels $1,000.00 $310.43 $0.00 $0.00 $689.57 31.04 Active E 602-49400-250 Meters for Resale $7,200.00 $6,271.03 $0.00 $0.00 $928.97 87.1 Active E 602-49400-300 Professional Srvs (GENE $1,500.00 $12,036.95 $0.00 $0.00 -$10,536.95 802.46 Active E 602-49400-321 Telephone $300.00 $232.99 $36.98 $0.00 $67.01 77.66 Active E 602-49400-322 Postage $300.00 $566.71 $211.86 $0.00 -$266.71 188.9 Active E 602-49400-331 Travel Expenses $200.00 $24.36 $0.00 $0.00 $175.64 12.18 Active E 602-49400-361 General Liability Ins $450.00 $0.00 $0.00 $0.00 $450.00 0 Active E 602-49400-404 Repair/Maint - Machinery/ $3,500.00 $346.24 $39.55 $0.00 $3,153.76 9.89 Active E 602-49400-407 R/M - Water Mains $25,000.00 $3,305.87 $0.00 $0.00 $21,694.13 13.22 Active E 602-49400-408 R/M - Water Services $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 602-49400-417 Uniform Rentals $375.00 $167.64 $54.11 $0.00 $207.36 44.7 Active E 602-49400-445 C/O - Tools $700.00 $3,575.93 $0.00 $0.00 -$2,875.93 510.85 Active E 602-49400-446 C/O - Vehicles $20,000.00 $1,842.77 $1,153.27 $0.00 $18,157.23 9.21 Dept 49400 Water Utilities (GENERAL) $93,025.00 $42,833.93 $3,644.59 $0.00 $50,191.07 46.05% Fund 602 WATER FUND $93,025.00 $42,833.93 $3,644.59 $0.00 $50,191.07 46.05% CITY OF ALBERTVILLE 07/11/00 1:02 PM Page 55 Revenue Guideline Current Period: June 2000 Act OBJECT % Status Account Descr YTD Budget YTD Amount MTD Amount Balance of Budget Fund 604 STORM WATER Active R 604-36105 Certified Del. Utilities $0.00 $0.00 $0.00 $0.00 0 Active R 604-36210 Interest Earnings $0.00 $0.00 $0.00 $0.00 0 Active R 604-37400 Storm Water Charges $0.00 $13,785.12 $700.71 -$13,785.12 0 Active R 604-37450 Storm Wtr Connection $0.00 $13,000.00 $2,000.00 -$13,000.00 0 Active R 604-37460 Storm Water Penalty $0.00 $121.78 $75.88 -$121.78 0 Active R 604-99999 UNALLOCATED UTILITY $0.00 $0.00 $0.00 $0.00 0 Fund 604 STORM WATER $0.00 $26,906.90 $2,776.59 -$26,906.90 0.00% Report Total $1,449,174.00 $1,520,541.96 $131,763.27-$71,367.96 104.92% CITY OF ALBERTVILLE 07/11/00 12:59 PM Page 60 Expenditure Guideline Current Period: June 2000 Act YTD YTD MTD Enc %. Status Account Descr Budget Amount Amount Current Balance of Budget Fund 604 STORM WATER Dept 49960 Storm Water Utility Active E 604-49960-203 Printed Forms $0.00 $86.97 $0.00 $0.00 -$86.97 0 Active E 604-49960-300 Professional Srvs (GENE $0.00 $7,386.99 $0.00 $0.00 -$7,386.99 0 Active E 604-49960-322 Postage $0.00 $262.84 $0.00 $0.00 -$262.84 0 Dept 49960 Storm Water Utility $0.00 $7,736.80 $0.00 $0.00 -$7,736.80 0.00% Fund 604 STORM WATER $0.00 $7,736.80 $0.00 $0.00 -$7,736.80 0.00% Report Total $1,380,939.52 $1,366,699.61 $111,468.70 $0.00 $14,239.91 98.97% CITY OF ALBERTVILLE ORDINANCE # 2000-7 AN ORDINANCE ESTABLISHING FEES FOR SPECIAL CITY COUNCIL MEETINGS The City Council of the City of Albertville ordains: (1) All persons, companies, groups, or organizations which request City Council action prior to the next regularly scheduled City Council meeting shall pay a special City Council meeting fee of $125.00 at the time of request of City Council action. (2) The $125 special meeting fee shall be refunded if the City Council fails to meet in special session to consider the request. The requestor shall not be entitled to a refund solely on the grounds that the City Council did not approve or grant the action requested. (3) If the City Council determines that the requestor has demonstrated good cause for not submitting its request to the City in time for the matter to be acted upon at a regularly scheduled City Council meeting, the City Council may, in its discretion, reduce or waive all or part of the $125 special meeting fee This ordinance shall be effective upon its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17th DAY OF JULY, 2000. John A. Olson, Mayor Linda Goeb, Administrator -Clerk GERALD E. KRITZECK Wright County Assessor Wright County Government Center 10 2nd Street NW, Room 240 Buffalo, MN 55313-1183 Phone: (612) 682-7367 / (612) 682-7368 FAX.- (612) 682-6178 TO: Linda Goeb Albertville City Administrator 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 RE: 2001 Assessment Contract jvd I, Gerald E. Kritzeck, Wright County Assessor representing Wright County, do hereby contract with the City of Albertville to erform the duties of assessor for said City of Albertville for the year of 200I. Contract price is37.75 per parcel which will include all expenses. Payment is due after the 2001 City of Albertville Board of Review. Gerald . Kritzec Wright County Assessor Date: June 30, 2000 Linda Goeb Albertville City Administrator City of Albertville Date: Equal Opportunity / Aff rmative Action Employer 04"5a (/) CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: July 13, 2000 SUBJECT: PUBLIC WORKS REPORT Fire Hall: • My estimate for material for landscaping the fire hall site is about $2,500. This includes edging and rock, black dirt and grass seed, and trees and shrubs. I received two quotes for a sprinkler system at the fire hall. One is from Sunshine Lawns of Albertville for $7,750. There is some additional plumbing that need to be done and those costs are not included in this price. I also received a quote from Green-R- Lawns of Maple Grove. Their quote is $6,740 and does include all of the additional plumbing that is needed. If we are going to install a sprinkler system, now is the time to do it. A sprinkler system would help establish the lawn and keep it growing better in the long run. Old City Hall Building: • I received two quotes for removing all old shingles, installing new plywood on the entire roof, repairing the fascia and soffits, and installing roof vents. There may be some additional cost if they find more damage once they tear into the job. • Greg Vetsch Construction - $10,350 • All Metro Builders - $10,420 Linda's Note: We budgeted $15,000 in the C/O — Building category. In this line item, we also have a carryover of $30,212. Parks: • We blocked off the northwest entrance to the park with three posts. They lasted about a week and then disappeared. Job Description Greg Vetsch Construction 11731 50th. St. N.E. Albertville, MN 55301 (612) 497-3697 Q,Q4 n-v%r%...,+ and Date C A A ILzr t ✓� je� Ww, ..,,..,.... 3 • W - C �. ll l5U `�l l � ram• C.�(���'.s `rr le,C� SJ � rA D ate Total amount due within 10 days after work is completed. Terms Greg Vetsch Construction *New Construction *Roofing *Additions *Remodeling *Seamless Aluminum Gutters *Garages *Decks ALNMETRO 'F'� ,,FBUILTD'ER INSORPORflTED QUOTATION/CONTRACT CITY OF ALBERTVILLE ATTN; TIM SUMMARY OF WORK • REMOVE AND REPLACE ROOF ON OLD CITY HALL PROJECT TO INCLUDE: • REMOVE AND DISPOSE OF EXISTING ROOF MATERIAL • RE -DECK MAIN BUILDING WITH 7/16 O.S.B. • REBUILD SUB -FASCIA ON MAIN BUILDING • NEW ALUMINUM SOFFIT AND FASCIA ON BOTH BUILDINGS • ADD VENTS ON BOTH BUILDINGS • RE -ROOF BREEZEWAY BETWEEN MAIN AND FIRESTATION TOTAL PRICE FOR LABOR & MATERIALS $10,420.00 NOT INCLUDED IN BID l .Cost of building permit PROGRESS PAYMENT SCHEDULE 25% of project total as down payment when contract is signed. 75% of project total as final payment upon completion of project - A service charge of 1.5% per month will be assessed on all past due balance. 1 5667 MAIN STREET • P.O. BOX 183 • ALBERTVILLE, MN 55301 • (612) 497-1628 • FAX 497-8266 GENERAL SPECIFICATIONS • All building materials during construction & left after completion of contract are the property of All Metro Builders, Inc. • All metro Builders shall periodically remove debris during the project and will remove all construction related debris upon completion of contract. • Any additional work required to bring existing structure into compliance with local building codes may alter price. NOTICE OF MINNESOTA LIEN LA W Any person or company supplying labor or material for this improvement to your property may file a lien against your property if that person or company is not paid for the contribution. Under Minnesota Law, you have the right to pay persons who supplied labor or material for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely novice. Agreed to this day of 92000. Owner Owner All -Metro Builders 2 CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Water Department DATE: July 12, 2000 SUBJECT: WASTEWATER TREATMENT PLANT REPORT • DJ's Lift Station: Had several alarms on DJ's lift station early in the month of June. I found the faze monitor was out of adjustment. Contacted Olsen Electric for proper adjustment. Had more alarms later in the month of June. Found loose connection on Pump #2 contacts. • Flash Mixer: Cleaned and checked condition of grease in gear box and adjusted the position for better mixing. • Continuing to cut grass and weed -whip WWTF grounds • Continuing to do daily, weekly and monthly duties: locates, meter readings, add bacto doc, pond readings, clean UV bulbs, sludge pump and clarifier maintenance, test run generator JM:bmm Bridget's EAMy Documents\Public Works Reports\WWTPR-07-12-OO.doc _ O � G ai i obi � 00 Ca as a u cl LaA � C S ^Y En U Lr el O o cdU ooN tL 0 O L]. = O ++ o Ld -" H Q% Q� 4) a 'L7 3 a 'L7 y 0Oy" C's R y h 0 c= 3 0 to 0 y = � 3 sa. � b ° •� cl � c 3 0 0 o y b � a� 4 C y to cn c O ,0 W. Q. O U O U O U O z O a O O ti .D Q O C O a cz i.n O -N cz w 0 cl ti 0 Q U p Z O p � a p Z N a U h v Np ti o 0 M zfe r9 o a U a Ns � � v in z a ��, NV V CIO: LA o n. w U V Ltl p y ^ U Ll: L3� v Lai ° > O � o a LL o 0 U o ty vi o w F> O e -- z Lte1y� 0CdazF=oo < ° o z o e �� (A O S La. 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Y ate, LU Qom; w� Q�i w- cc Z N y FU F- w .f0 1 O a 2 Oa o 3 N m Z S 7 A Q °f o a o Ch U) to O• o es F- o cn k 2 a § k k % a) u U § � P7/ ƒ S f Lo o e z w ° a < Lo < '§o z( 0�/ w ƒ ,LL ■ , w k I§ . � /0 b2 m;z e of ;LL « ■s Lu � \ . k :\ �a. -2 ■ 0 � � y � § I 0 k 2 k k 7 J CL , G 2 _ ■ // �]E z\�2 z3 / z - k $) < 9 L) u<to §3: uj Zƒ cn �2 2® \\ 70 � k §� r z � a --. } 9 . ■ ■ 0 0 . x \ �■..-. \ 0 . x C x . C4 ' E cm E 2 } o u . M a o cr < < t* 0 o § § m o o § § 0 § § } } ) } ) } § o } ry) I \ J � . WI-- � w k . :sa . § � / :\-11 \�. � I® LLJ ��'\� d $cy - §�\§���A�j� 0 m _ � @ ° 0 � } \ , S ƒ § 0 q q § S § / 8 £ § CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT KOLLVILLE ESTATES , THIS AGREEMENT, entered into this day of 2000 by and between LEUER-MUNSTERTEIGER PROPERTIES, IN Wright,e e referred Minnesota, o herein as "Developer"; and the CITY OF ALBERTVILLE, County o 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 Pto and which subdivision, which is the subject of this Agreement, s entirety asaed Said bear the name "Kollville Estates" development and shall hereinafter be referred Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 15.0 gross acres for purposes of constructing 73 medium density multiple 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 Ko llville Estates contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and ublic improvements including, but not WHEREAS, the City requires that certain p p sanitary, sewer, water and limited to bituminous street, curb and gutter, grading, drainage , sewer hereafter "Municipal Improvements") be installed to serve the Subject storm � 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. The property owners' association declaration of covenants addressing, among other things, maintenance, conditions, and restrictions are approved by the City Attorney and recorded against the title to each lot within Said Plat. B. All Townhome units constructed within Said Plat shall be owner -occupied units, except as is otherwise provided in the approved declaration of covenants for the property owners' association referenced in condition A above. C. The front of the Townhome units shall be staggered to provide visual interest in the development and allow varied driveway lengths, as shown on the attached Exhibit 2 D. All Townhome units shall include garages with dimensions of at least 20' by 24' feet. E. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. F. Developer shall comply with the Lighting Plan attached hereto as Exhibit G. 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. H. Developer shall, at its own expense, construct sidewalks in the locations shown in the attached Exhibit I. All Townhome units are constructed in conformance with the floor plans prepared by Simonson Design Team and dated 7/10/00 on file with the City Clerk. J. Developer shall install play areas in the locations shown on the attached Exhibit . Developer shall install the play ground equipment and play systems listed in the attached Exhibit . Both the play areas and equipment located thereon shall be owned and maintained by the property owners' association. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Kollville Estates, as prepared by Quality Site Design, LLC dated 6-16-00 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 3 pavement to be installed after June 15, 2001, but before September 30, 2001. B. The Developer warrants to the City for a period of two years from the date the City accepts the fmished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. C. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. D. The City shall, at its option, have the City Engineer present on Said Plat for inspection purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of private streets, 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 must 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 4 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. 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 Developer agrees to have all utilities installed according to this Exhibit 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 or at the location of each building driveway 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 5 following June 15th. F. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading and Drainage Plan attached as Exhibit . Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. G. Developer shall install landscaping in accordance with the Landscaping plan attached as Exhibit . 4. Intended Use of Subdivision Lots. The City and Developer agree that the lots in Said Plat are intended only for medium density multifamily residential use in the number and the configuration as are shown on the attached Exhibit D. Developer shall construct only medium density multifamily dwellings in the number and configuration shown on the attached Exhibit , unless Said Property is rezoned by the City in the future. Lot 11, Block 1 and Lot 64, Block 2 shall remain unbuildable and shall be deemed "common lots". 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 $543,800 representing the sum of 100% of the estimated cost of the Municipal Improvements ($500,000) and 50% of the on and off -site improvements ($1200 x 73 x 0.5 = $43,800). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. 0 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 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 X 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. 10. Drainage Requirements. Developer shall comply with all requirements set forth Tor 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. E Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may immediately undertake making or causing it to be cleaned up, repaired or maintained. In such event, the City shall make a good faith attempt to inform Developer of the City's intentions via telephone, but the City need not follow the procedures required by paragraph 14A. 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. 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. 10 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 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 11 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. K. Irrigation systems or other private improvements placed or installed within any public easement or right-of-way are done so at the sole risk of the Developer, its successors and assigns. Developer agrees that the City shall not be liable for damage caused by repairs, use or other such activities conducted by the City within any public easement or right-of-way. L. Developer shall be responsible for maintaining the private streets within the plat. Developer hereby grants the City a right of entry to upon privates streets within Said Plat for purposes of repairing and maintaining the public utilities located beneath any aforementioned private streets. In the event that such repair or maintenance requires excavation of a private street, the City shall restore the gravel sub -grade to a passable condition upon completion of the repair or maintenance. Developer shall be responsible for the costs of repairing and/or resurfacing any cut or excavation in the bituminous surface of the road. 12 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, 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: 1. Developer shall dedicate easements to the City over, under and across all trails, and shall dedicate all parks within Said Plat 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 public streets within Said Plat, as such streets are indicated on the attached Exhibit 13 3. Upon acceptance of dedication of the Municipal Improvements described above, Developer shall provide the City with "As-Builts" of all streets, sewers, water mains, drainage ponds and basins, and utilities dedicated to the City. Acceptance by the City of any dedication shall occur upon passage of a written resolution by the City Council to that effect. 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 dedicate parkland equivalent to 10% of the gross acreage of Said Plat or pay $1300 per platted unit lot, or some combination thereof. Developer is dedicating .24 acres or parkland, representing 16% of Developer's park dedication requirement. There are 73 unit lots being platted in this phase. Prior to release of Said Plat, Developer shall pay City a cash payment totaling $79,716, an amount representing 84% of the total cash park dedication cash requirement ($94,900). In addition, Developer shall receive credit toward park dedication requirements for the actual cost of constructing and installing the 10 foot bituminous trail section located south and parallel to CSAH 37 as shown on the attached Exhibit . 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. No credit shall be given for the southerly private trail located in Said Plat. No credit shall be given for the play areas or play ground equipment located thereon. 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 14 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. Developer acknowledges and agrees that it is required to pay sanitary sewer and water trunk line fees. The sewer trunk line fee is $1,400 per acre and the water line fee is $1000 per acre, for a combined total of $2400 per acre. Developer is platting a total of 15.0 gross acres in this phase of development. Therefore, the total trunk line fee is $36,000. However, Developer is entitled to a credit for the oversizing of sanitary sewer and water lines in the amount of $31,127. The difference between the total trunk line fee and the oversizing credit is $4,873. Developer agrees to pay $4,873 prior to the City's release of Said Plat. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. 15 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 Leuer-Munsterteiger Properties, Inc. P.O. Box 340 100 East Central Avenue St. Michael, MN 55376 Telephone (612) 723-8636 Fax (763) 497-8296 25. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk LEUER-MUNSTERTEIGER PROPERTIES, INC. By Its President 16 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 2000, by as Munsterteiger Properties, Inc. Notary Public 17 day of President of Leuer- DRAFTED BY: Court and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 l:3 EXHIBIT B Utility plan Exhibit C Grading Plan Exhibit D Landscape Plan Exhibit E Trail plan CITY OF ALBERTVILLE CONDITIONAL USE/DEVELOPER'S AGREEMENT Mooney Addition THIS AGREEMENT, entered into this day of , 2000 by and between Mooney Development Corporation, 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 the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Mooney Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, the City has given preliminary approval of Developer's plat of Mooney Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain improvements including, but not limited to grading, storm sewer, storm water ponding and site improvements, (hereafter "Improvements") be installed to serve the Subject Property and other properties affected by the development of Developer's land, to be installed by the Developer and paid for 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 and parking lot, drainage swales, on -site ponding, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Construction of Improvements. A. As a condition of its approval of Said Plat, the City requires the installation of the improvements as detailed on the Utility Plan (attached hereto as Exhibit B), the Grading Plan (attached hereto as Exhibit C, and the Landscape Plan (attached hereto as Exhibit D). Developer shall install said improvements by October 31, 2000. B. All said Improvements shall be installed at Developer's expense. If the City determines that it is necessary to have the City Engineer or other inspector on site for any portion of the installation of said Improvements, Developer shall reimburse the City for all inspection costs incurred by the City. 2. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of boulevards, traffic signs, yard top soil, sod in all yards, grading control per lot, bituminous or concrete driveways and parking lots, ponding, drainage swales, and like items as necessary, street cleanup during project development, erosion control, all as required by City ordinance. Said on- and off -site improvements shall be installed no later than October 31, 2000, with the exception of erosion control and ponding, which shall be installed immediately upon initial grading of Said Plat, and with the exception of the final layer of bituminous pavement on the parking lot, which may be placed no later than October 31, 2001. 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 2 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; C. Developer has submitted a utility plan for Said Plat showing all existing and proposed utility lines and easements, attached and incorporated herein as Exhibit B. Developer agrees to have all utilities installed according to this Exhibit B. D. Notwithstanding the requirements of subparagraph 2A above, the Developer shall install to the City's satisfaction said on- and off -site improvements prior to the issuance of a certificate of occupancy (temporary or permanent) by the City for a building located on the lot. In the event the certificate of occupancy is issued after October lst and before March 30th in any given year, said on - and off- site improvements shall be so completed by the following June 15th. F. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit C. Said ponds and basins shall be maintained in good working order by Developer. Said retention ponds and basins shall be installed prior to the installation of utilities. 3. Use of Property. Developer's use of Said Plat shall be consistent with the following restrictions, which shall be effective until further modified or amended by rezoning or other amendment of the conditional use permit by the City Council: A. The Developer is hereby granted a conditional use permit to operate a convenience food, motor vehicle fuel sales and car wash operation on Lot 1 of Said Plat, provided the following conditions are observed: 3 Stacking space for six vehicles behind the car wash entry is provided without impacting adjacent County State Aid Highway No. 19. 2. Detailed signage plans shall be submitted for review and approval of the City Planner prior to the installation of any signage for said operation. 3. Said operation is constructed in substantially the same size, shape, location, and of the substantially the same materials as shown on the site and building plans dated June 8, 2000 and on file with the City Clerk. 4. All exterior/outside storage shall conform to the requirements of the Zoning Ordinance Section 1000.16, as amended from time to time. 5. The City reserves the right to periodically review said Conditional Use Permit and modify or amend these conditions as the City reasonably deems necessary to protect the public health, safety and welfare. 4. Surety Requirements. B. 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 $10,000. Said letter of creditor surety must meet the approval of the City attorney as to form and issuing bank. C. 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, erosion control, and other such measures), to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to pay special assessments not timely paid by Developer, or to otherwise fulfill the obligations of Developer under this Agreement. D. 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 4 City. E. 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. 5. Surety Release. A. 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. iii. As to all requests brought under this paragraph, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. B. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 6. Abandonment of Project - Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground - cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned 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 5 Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the above -mentioned surety for the purpose of paying the costs referred to in this paragraph. 7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in approving and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the attached Exhibit C, and as required by City ordinance. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 9. 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 and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have ten (10) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council, provided, however, that Developer shall immediately clean up or repair any public property damage deemed by the City Engineer to be an imminent safety hazard or an imminent cause of pollution or water quality degradation. In the event that Developer fails to so clean up, 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 Cel 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, funds sufficient to pay the bill may be taken from the Tax Increment otherwise due the Developer and/or specially assessed against any or all lots within Said Plat. 10. 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. 11. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion of public improvements and damage to public improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties during construction of improvements on Said Plat. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the title to the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period, if any), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this Agreement, except for those obligations which are continuing in nature. 7 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. H. 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. 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. J. 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. K. 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. L. Developer shall cause the relocation of overhead utility lines to the locations shown on the Utility Plan attached as Exhibit B. M. Developer agrees that it shall not locate any buildings on or over any areas over which the City maintains a utility or drainage easement. Developer shall be allowed to place concrete and bituminous paving, and permanent N. structures as approved by the City Engineer over said utility easements (but not over ponds), provided that in the event the City, in its reasonable judgment, needs to remove said paving or permanent structures located in said utility easement for purposes of servicing said utilities, the City shall be required to restore said paved or permanent structure area back to a gravel base, and shall not be required to pave the area or otherwise replace the permanent structures or otherwise pay for the restoration of said pavement or permanent structures. Developer agrees to pave said disturbed area at its own expense and to bear the cost of replacement of any permanent structures. N. Developer shall establish a shared access (ingress/egress) easement allowing both Lot 1 and Lot 2 of Said Plat to share the same access to Wright County Highways 19 and 37. Said easement shall be approved by the City Attorney and recorded on the property records at the Wright County Recorder's Office. Developer assumes responsibility for obtaining all required driveway, utility, trail and other permits required by Wright County. O. If required by the City Fire Chief, the owner of any lot in Said Plat on which a building is proposed to be constructed shall provide the City Fire Chief with a detailed analysis of the proposed building's compliance with the fire code then in force in the City, or, at the election of the City Fire Chief, said owner shall pay the reasonable cost of such an analysis if performed by or for the City. 12. Violation of Agreement. A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The City may also specially assess all said costs incurred upon default against the properties in Said Plat pursuant to the terms of this agreement. 9 B. Notwithstanding the 30-day notice period provided for in paragraph 12(A) above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm, and the intended actions of the City to remedy said harm. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or occupancy permits until said breach is remedied. 13. Dedications to the City. A. Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for Said Plat, Developer shall pay the City a cash payment totaling $29,217, representing 1.0% of the value of that portion of Said Plat being platted as Lot 1, Block 1 (the City and Developer agree that the value of Lot 1, Block 1 at the time of platting is $292,170). As an alternative to the cash payment of said $29,217, Developer may post a letter of credit with the City in the amount of $29,217, said letter of credit to be in a form and from an issuing bank approved by the City Attorney, and shall be valid for at least one year from the date of its issuance. All such park dedication fees shall be paid or letters of credit placed with the City prior to release of Said Plat by the City. B. The Developer and City acknowledge that the City is currently studying its park dedication fee structure. If, upon conclusion of said study, the City lowers the park dedication fees for commercial property of the type platted in Said Plat, said lowered fee structure shall apply to reduce the park dedication fee in paragraph 13A, said lowered fee structure to be applied to the $292,170 value of Lot 1, Block 1. Upon conclusion of said park dedication study by the City, the City shall inform Developer whether the park dedication fee listed in paragraph 13A has been reduced. Within 30 days of said notification, the Developer shall pay the City the lesser of $29,217 or the park dedication amount pursuant to the new lowered fee (if it is so lowered by the City) based upon the $292,170 value of Lot 1, Block 1, plus interest at 5% per annum on the amount of said park dedication. In 10 the event Developer fails to so pay said park dedication and interest within 30 days of notification, the City may draw said amount from said Letter of Credit. C. The Developer and City agree that park dedication fees are not now due on Outlot A of Said Plat since that lot is being platted as an outlot. Upon the replatting of said Outlot A into a numbered lot, Developer shall be subject to payment of park dedication fees on said Outlot A according to the park dedication ordinance in effect at the time of said replatting. This paragraph 13C shall not act to waive or otherwise impair Developer's right to contest park dedication fees due from the replatting of Outlot A. D. Developer agrees that it shall install a ten -foot wide trail within the right-of- way of Wright County Highway No. 19 immediately adjacent to and running the length of the eastern boundary of Said Plat in the approximate location as shown on Exhibit E, upon the approval of the City Engineer and the Wright County Highway Department. Said trail shall be constructed to City standards and installed at the time the final layer of asphalt is laid over the parking area of Said Plat. The Developer shall submit a cost estimate for installation of the trail. Construction shall not begin until such cost estimate is approved by the City Council. The Developer shall receive a credit of the cost of constructing the trail plus 5% for engineering and administrative expenses, said credit to apply against Developer's cash park dedication obligations described in paragraphs 13A and 13B.. E. Developer agrees that prior to and after dedication to the City, Developer shall remain responsible for all maintenance required of the drainage pond shown on Exhibit C. 14. 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. 15. Indemnity. Developer shall hold the City and its officers and employees harmless from 11 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. 16. 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. 17. Limited Approval. Approval of this Agreement by the City Council in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 18. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. 19. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 20. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties. 21. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (612) 497-3384 12 4 15 i( Mooney Development Corporation 14737 Wildsview Prior Lake, MN 55372 Telephone 952403-0213 Fax 952-403-0213 22. 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 MOONEY DEVELOPMENT CORPORATION, INC. By STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Its: President 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 13 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 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2000, by as Mooney Development Corporation, Inc. Couri and MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 14 day of of EXHIBIT A The legal description of the property which is the subject of this Developer's Agreement is as follows: Lots 1, Block 1, and Outlot A, Mooney Addition, according to the plat of record on file in the Wright County Recorder's Office, Wright County, Minnesota. 15 EXHIBIT B Utility plan Exhibit C Grading Plan Exhibit D Landscape Plan Exhibit E Trail plan :UL. 6.2000 1:52PM SHINGOBEE BUILDERS HO.663 �. FAX TRANSMITTAL Ac1hir 6e DATE Builders, Inc. 669 NORTH MEDBvA STFMT P.O. BOX 8 LORETTO, MN 55357 PHONE: (763) 479.1300 FAX; (763) 479-3267 BID DUE: 0 CLd -- f REPLY REQUMED: YES [D NO `j 1 9./ O PAGES TO FOLLOW $4 3 h A. .iUL-13-2000 16:26 "AC 51-2 595 9937 '6e, - NORTHWEST ASSOCIATED CONSU INC COMMUNIT7 PLANNING'- DESIGN - MARKET RESEARCH MEMORANDUM TO: Albertville Mayor and City Council Linda Goeb, City Administrator FROM- Deb Garross, Senior Planner DATE: July 13, 2000 RE: Albertville — Albert Villas Outstanding, PUD/Plat Conditions FILE: 163.O6 00.21 The purpose of this memo is to appraise the City Council of the status of the Albert Villas PUD. The applicant, Edina Development, is requesting to be placed on the City Council agenda for final .plat and final stage PUD approval of Albert Villas Second Addition. The deveioper Is asserting considerable pressure on City Staff to schedule ther final plat for consideration by the City Council'despite the fact that there are stl11 outstanding Iteme associated with the preliminary plat and Development Stage PUD approvals which date back to January, 2000, The following items are conditions of approval that have been applied to the preliminary plat, Development Stage PUD; final plat and Final Stage PUD for Albert Villas as well as the PUD amendment and preliminary plat of Albert Villas East. 1- A property maintenance agreement. and property owners association covenants are prepared by the applicant anc(iubmitted ;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. 2. Deed restrictions, in a form acceptable I 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. 3. 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 building restrictions, the 20' required wetland setback area building restrictions and the means to disclose the location of all parks, sidewalks and trails to future prospective 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS .PARK, MINNESOTA 584 1 5 PHONE 0 12-5-95-9636 FAX 5 2-595-9837 b 12 595 99?7 F . 02 lot owners. 4. The Albert Villas PUD property maintenance agreements and/or property owners association covenants shall be modified to include all of the land/lots within the Albert Villas East project. A copy of said documents shall be 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. I have discussed these matters at length with Matt Davitch who is the surveyor for the project. Mr. Davitch has done an admirable job trying to satisfy the conditions that are associated with the maps and plans however he does not have the expertise nor authority to prepare deed restrictions, property maintenance agreements, homeowner association documents and covenants. Mr. Davit& has indicated that he has contacted the developer on numerous occasions requesting that these documents be provided. Likewise, our office has faxedlmailed/e-mailed all of the Planning Reports, Planning Commission and City Council Findings of Fact documents to a host of individuals including the developer, surveyor, engineer, and real estate broker. The City Attorney and City Engineer's Offices have also advised the applicant via phone conversations and written correspondence of outstanding conditions. Despite these efforts, the required documents have yet to be submitted. In our opinion, the City has facilitated this development by fast tracking the Albert Vllias East project and by allowing grading prior to final plat approval. Up to this point, our office has been willing to process the applications subject to conditions that the required materials be submitted_ However, we are approaching the 4d' round of approvals associated with this project and have no indication from the current developer that he intends to satisfy the conditions agreed to by Keith Harsted (KC_ Land Company). This situation is problematic because the more time that passes, the more likely that some of the conditions may be forgotten or not implemented in the manner that was approved by the City Council. It is not and should not be the responsibility of City Staff to continually remind the developer of his/her responsibility to satisfy the conditions of project approval. It is the recommendation of our office that no further consideration of final plats or other approvals for Albert Villas should be occur until such a time as the outstanding conditions completed by the applicant. Michael C. Couri* Andrew J. MacArthur Marcus W. Miller •Also licensed in Mavis August 4, 2000 City of Albertville P.O. Box 9 Albertville, MN 55301 Attention: Linda Goeb, Clerk COURI & A ACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacarthur@pobox. com Re: Albertville — Waste Water Treatment Plant Expansion Construction Contract Dear Linda: Per Mike's request, I have reviewed the above -referenced contract. Upon reviewing the contract, I advise you to have the contract documents signed and to issue the `Notice to Proceed' to Gridor Construction, Inc. In addition, I am forwarding a fax copy of a `Certificate of Liability Insurance'. The amounts stated on the certificate are acceptable and meet or exceed the minimum insurance requirement as set forth in the contract. A copy of this certificate should be made and inserted in the front cover of each of the copies of the contract. Finally, the contract requires the City to obtain property insurance on the new construction. Among other things, the policy must be in the form of `Builder's Risk" or similar such policy. This insurance requirement is found on pages 00700-16 and 00700- 17 of the general contract provisions. I have marked the pages with a post -it note on copy that I reviewed. You should photo copy these pages and share them with your insurance agent so that the appropriate policy is obtained. If your agent has any questions, he or she should feel free to call me. Please call if you have questions or comments. I thank you for your kind attention to this matter. Yo� 1�Iarc Miller Couri & MacArthur Law Office T'f vi to Al tk VII, vI Lv6 #14 -_ .. - l _... u 4 jk�,� :'4 a i } 1 4 77