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2000-08-21 CC Agenda PacketALBERTVILLE CITY COUNCIL AGENDA August 21, 2000 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) August 7, 2000, City Council Meeting 3. CITIZEN FORUM - (io Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (b) July Revenue/Expenditure Report (c) Resolution #2000-25 (Resolution Terminating an Interim Ordinance Imposing a Moratorium on the Platting of Property Located in the R-5, R-6, R-7, and R-8 Zoning Districts Within the City of Albertville) 5. SPECIAL ORDER (a) 1999 Audit Report — Brian Bloch, KDV (b) Big Woods Project — Ben Steiner 6. DEPARTMENT BUSINESS a. Public Works • Water & Wastewater Department Report b. Planning & Zoning (1) Towne Lakes • Comp Plan Amendment • Rezoning • CUP/PUD • Variances from the Shoreland Regulations • Preliminary Plat (2) Park & Trail Comprehensive Plan • Ordinance #2000-9 (An Ordinance Amending Section A-600.8. (Park & Trail Design) and Section A-600.15. (Park and Trail Dedication Requirements) of the Albertville Subdivision Ordinance to Incorporate Revised Trail, Sidewalk and Park Dedication Standards) City Council Agenda August 21, 2000 Page 2 of 2 d. Legal (1) Ordinance #2000-11 (An Ordinance Allowing the City Council to Set Municipal Water Trunk Charges and Designating the Use of Such Charges) e. Administration (1) Consider appointing sub -committee to meet with Otsego's sub -committee (Mayor Fournier & Councilmember Heidner) (2) Schedule Sub -Committee Meeting (proposed dates September 14, 21, or 28) (3) Ordinance #2000-10 (An Ordinance Establishing Guidelines for Cutting and Removal of Grass and Weeds) 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL 0100 August 7, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Keith Franklin, Gary McCormack, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Deb Garross, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: • Item 5c(4) — Drainage in the Fairfield/Westwind areas • Item 5d(4) — Potential of having Community Service officers assist the Sheriff's Department • Item 5e(1) — Albert Villas Letter of Credit Franklin made a motion to approve the agenda as amended. McCormack seconded the motion. All voted aye. The minutes of the July 17, 2000, minutes were amended as follows: • Page 4, Paragraph 6 is amended to read "The Council agreed to delay meeting with the City of ST. Michael until after the election in November." Gundersen made a motion to approve the minutes of the July 17, 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. Chris Molesky questioned what action has been taken to force his neighbor to seed his yard. City Administrator Goeb explained that the attorney has contacted the property owners and they have indicated that they have sprayed the weeds and cannot plant grass seed for a minimum of two weeks after the final weed killer has been applied. They expect the process to take one month to complete. Vetsch made a motion to serve legal papers on the property owners for failing to comply with City ordinances. Franklin seconded the motion. During discussion of the motion, Councilmember Gundersen stated that he feels it would be a waste of city funds to have the attorney draft a complaint when the property owners have started to comply. Councilmember McCormack indicated the City should contact the property owner and get a specific time frame for completion. ALBERTVILLE CITY COUNCIL August 7, 2000 Page 2 of 7 Mayor Olson called for a vote on the motion on the table. Franklin and Vetsch voted aye. McCormack, Gundersen and Olson voted no. The motion failed. Another property owner at 10602 Karston Avenue has 48" high weeds on the borders of his property and has not attempted to seed his yard. Vetsch made a motion to start legal proceedings against those property owners who have not responded to the earlier mailings regarding their yards. If legal, city staff will mow the yards with weeds greater than six inches and assess the costs to the property. Franklin seconded the motion. All voted aye. Don Jensen requested the Council revisit the ordinance regarding mailbox locations to allow for cluster of four mailboxes on a cul-de-sac. Gundersen made a motion to approve payment of Check Ws 13402 — 13467 as presented. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve RESOLUTION #2000-20 titled A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS FOR THE CITY OF ALBERTVILLE. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve the reduction of the Letter of Credit for Cedar Creek South 41h Addition from $75,000 to $42,135. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve the release of the $2,400 Letter of Credit for Cedar Creek South. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve the reduction in the Letter of Credit for Cedar Creek South 3rd Addition from $66,500 to $48,400. McCormack seconded the motion. All voted aye. Bob Brandenberg and Tom Bethel from St. Joseph Equipment explained how a lease/purchase contract on a wheel loader could work for the City of Albertville. Interest on a lease right now is 6.1 %. Brandenberg presented lease options ranging from three years to seven years for the Council to consider. ALBERTVILLE CITY COUNCIL August 7, 2000 Page 3 of 7 Vetsch made a motion to approve a four year lease contract with St. Joseph Equipment on a wheel loader. At the end of the four year lease, the City will own the wheel loader. Gundersen seconded the motion. Vetsch, McCormack, Olson and Gundersen voted aye. Franklin voted no. The motion carried. McCormack made a motion to approve the Public Works Department Report. Gundersen seconded the motion. All voted aye. City Planner Deb Garross presented the final plat for the Albert Villas 2nd Addition. This addition contains 78 single family lots and provides a looped street through the first and second additions. The plan shows a bituminous trail along County Road 18 and sidewalks within the plat along 52nd Street and Kahl Avenue. McCormack made a motion to adopt the Findings of Fact & Decision, granting final plat and PUD final plat for the Albert Villas 2nd Addition. Franklin seconded the motion. McCormack, Olson, Gundersen and :Franklin voted aye. Vetsch voted no. The motion carried. McCormack made a motion to adopt RESOLUTION #2000-23 titled A RESOLUTION OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA, TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTY WITHIN THE PROJECT KNOWN AS ALBERT VILLAS SECOND ADDITION. Franklin seconded the motion. McCormack, Olson, Gundersen and Franklin voted aye. Vetsch voted no. The motion carried. Franklin made a motion to adopt ORDINANCE #2000-8 titled AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ALBERTVILLE TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. McCormack seconded the motion. McCormack, Olson, Gundersen and Franklin voted aye. Vetsch voted no. The motion carried. Planner Garross explained that although the Planning Commission tabled a recommendation on the Comprehensive Park & Trail Plan, the Commission did recommend a park dedication fee schedule for commercial and industrial properties. Their recommendation is that commercial and industrial park dedication fees be calculated on a per acre basis rather than on fair market value and further recommended that park dedication fees pay for 75% of the park system improvements. ALBERTVILLE CITY COUNCIL August 7, 2000 Page 4 of 7 The council discussed the Planning Commission recommendations. Mayor Olson is concerned about having the funds necessary to purchase additional land for future parks. Councilmember Gundersen is concerned that the Park Implementation Chart, upon which the park dedication fees are based, may not accurately reflect what still needs to be done in the existing parks. Gundersen made a motion to send the park dedication fee analysis back to the Planning Commission to clarify the park implementation chart. Olson seconded the motion. Gundersen and Olson voted aye. McCormack, Vetsch and Franklin voted no. The motion failed. Vetsch made a motion to set park dedication fees for residential at $1,500 per lot and for commercial and industrial at $4,500 per acre. McCormack seconded the motion. Vetsch and McCormack voted aye. Olson, Franklin and Gundersen voted no. The motion failed. Franklin made a motion to set park dedication fees at $4,000 per acre for commercial property, $3,000 per acre for industrial property, and at $1,300 per residential lot. There was no second to the motion. Gundersen made a motion to table further discussion of park dedication fees to the next meeting. Franklin seconded the motion. Gundersen, McCormack, Olson, and Franklin voted aye. Vetsch voted no. The motion carried. Gundersen made a motion to approve RESOLUTION #2000-22 titled RESOLUTION OF THE ALBERTVILLE CITY COUNCIL APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE FUNCTIONAL CLASSIFICATION OF MAIN AVENUE, BARTHEL INDUSTRIAL DRIVE AND PART OF CSAH 35. McCormack seconded the motion. All voted aye. Vetsch made a motion to adopt ORDINANCE #2000-6 titled AN ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE, SECITON 1000, BY ADDING SECTION 1000.24, PERFORMANCE STANDARDS FOR TWO FAMILY, TOWNHOUSE, QUADRAMINIUM AND MULTIPLE FAMILY USES. Gundersen seconded the motion. All voted aye. The Council accepted the garage and house size survey as presented and tabled discussion of the item until the next meeting. ALBERTVILLE CITY COUNCIL August 7, 2000 Page 5 of 7 Duane Day reviewed his recommendations for change orders on the fire hall project as presented in his letter dated April 14, 2000. Mike Kranz, representing Shingobee Builders, disagreed with Day's recommendation to reject Changes Orders #19 and #20. Kranz stated that the plans showed flues but no fresh air intakes. The building inspector required fresh air intakes. McCormack made a motion to approve the recommendations from Duane Day regarding the fire hall change orders as detailed in his April 14, 2000, letter to the city. Gundersen seconded the motion. All voted aye. Kranz updated the Council on progress at the fire hall. The paint contractor will repair the peeling paint on the ceiling of the apparatus bay and will extend the warranty on the job. Replacement glass is on order for the windows on the upper floor. The project is on tract for completion by August 28. City Engineer Carlson reviewed the Barthel Industrial Drive Improvement intersection with 50th Street. Although the situation is not ideal, it is the only solution at this time. Should the Haus family agree to allow MacIver Avenue to someday be realigned, the problem of a misaligned intersection could be solved. Gundersen made a motion to proceed with the Barthel Industrial Drive improvement as presented and, further, to direct the engineer to contact the Haus family regarding the improvement project. Franklin seconded the motion. All voted aye. Carlson reported that Don Barthel will donate land to the city for a soccer field, provided the City proceed with the necessary wetland fill permit. Carlson told the Council that it is very difficult to get a wetland fill permit for private property and anything over two acres of fill requires an individual permit, rather than a nationwide permit for mitigation. The Council directed the engineer to get an estimated cost for acquiring the necessary wetland permits. LeRoy Berning, representing the Albertville Jaycees, indicated that the Jaycees are willing to donate money toward the final grading and seeding of the new proposed softball and baseball fields. Franklin made a motion directing the engineer to get cost estimates and to proceed with preparing the new softball field this year. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL August 7, 2000 Page 6 of 7 The Council agreed to meet jointly with the City of Otsego on August 23d at the Otsego City Hall at 7:00 PM. The Council set a second preliminary budget meeting for Wednesday, August 30`h at 7:00 PM. Councilmember Gundersen explained that the City may want to discuss having a community service officer available on a volunteer basis to work with the Sheriffs Department. The administrator will contact Sheriff Miller to discuss setting up a meeting with the Public Safety Committee to discuss this option. City Attorney Couri explained that the developer of the Albert Villas project has requested that his surety be reduced with administrative approval, when recommended by the city engineer. Councilmember Vetsch stated he is opposed to relinquishing the Council's authority and made a motion to deny the request for administrative reductions in surety for Albert Villas. There was no second to the motion. McCormack made a motion to approve the Letter of Credit as recommended by the city attorney, authorizing the city engineer to recommend reductions as the project is completed. Olson seconded the motion. Olson, Franklin and McCormack voted aye. Vetsch and Gundersen voted no. The motion carried. Gundersen made a motion to close the public portion of the meeting and go into a closed session to discuss pending litigation at 10:20 PM. Franklin seconded the motion. All voted aye. Mayor Olson reopened the regular meeting of the City Council at 10:34 PM. Franklin made a motion to enter into a stipulation agreement for dismissal of the lawsuit filed by Leuer-Munstertieger. Should dismissal not be acceptable to the plaintiffs, the attorney is directed to answer the motion. Gundersen seconded the motion. All voted aye. Franklin made a motion to adjourn at 10:35 PM. Gundersen seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL August 7, 2000 Page 7 of 7 John A. Olson, Mayor Linda Goeb, City Administrator CLAIMS LIST August 7, 2000 #6& Check No. Vendor Amount 13476 ACTION RADIO & COMMUNICATIONS 68.20 13403 AFFORDABLE SANITATION, INC 329.20 13404 ARAMARK UNIFORM SERVICES 238.21 13405 CARQUEST 77.95 13406 CENTRAL RIVERS COOPERATIVE 340.35 13407 DAVIES WATER EQUIPMENT CO. 4,552.13 13408 EGGEN'S DIRECT SERVICE, INC. 161.28 13409 ESCHELONTELECOM, INC. 23.95 13410 GAGNON PRINTING 234.73 13411 GOPHER STATE ONE CALL, INC. 81.60 13412 HAWKINS CHEMICAL, INC. 796.63 13413 HENRY & ASSOCIATES 232.73 13414 MEINY'S DIGGERS 620.00 13415 MIDWEST ANALYTICAL SERVICES 413.00 13416 MIDWEST LANDSCAPES 230.00 13417 MILLER TRUCKING/LANDSCAPING SU 331.75 13418 MONTICELLO ANIMAL CONTROL 36.00 13419 NEWMAN TRAFFIC SIGNS 115.29 13420 NSP 1,982 92 13421 OBC MIDWEST, INC. 825.32 13422 P.E.R.A 682.64 13423 S.E.H./R.C.M. 34,412.44 13424 Void _ 13425 SCHULTE'S GREENHOUSE & NURSERY 161.88 13426 WRIGHT COUNTY TREASURER 9,333.00 Total Bills $ 56,281.20 CITY OF ALBERTVILLE Wednesday, August 16, 2000 Check Detail Register Page 1 of Check Amt Invoice Comment 10100 Security State Bank __w>. .. , .... Unpaid ACTION RADIO &COMMUNICATIONS E 101-42000-384 Refuse/Garbage Disposal $68.20 22364 Pager Repairs Total ACTION RADIO & COMMUNICATIONS $68.20 _& aO ." _. "" � AFFORDABLE SANITATION, INC E 101-45100-415 Other Equipment Rentals $329.20 8124 Portable Biffs Total AFFORDABLE SANITATION, INC $329.20 Unpaid ARAMARK UNIFORM SERVICES E 601-49450-417 Uniform Rentals $39.70 July E 602-49400-417 Uniform Rentals $39.71 July E 101-43100-417 Uniform Rentals $79.40 July E 101-45100-417 Uniform Rentals $79.40 July Total ARAMARK UNIFORM SERVICES $238.21 UnPaid� CARQUEST E 101-45100-210 Operating Supplies (GENERAL) $4.46 E 101-43100-404 Repair/Maint - Machinery/Equip $27.83 E 101 -45100-404 Repair/Maint- Machinery/Equip $45.66 Total CARQUEST $77.95 Unpaid CENTRAL RIVERS COOPERATIVE E 101-45100-210 Operating Supplies (GENERAL) $113.45 A16280 Round -up E 101-45100-210 Operating Supplies (GENERAL) $226.90 A16295 Round -up Total CENTRAL RIVERS COOPERATIVE $340.35 Unpaidd DAVIES WATER EQUIPMENT CO. E 602-49400-212 Motor Fuels $4,552.13 3029237 Meters Total DAVIES WATER EQUIPMENT CO. $4,552.13 Unpaid EGGEN'S DIRECT SERVICE, INC. E 101-43100-215 Shop Supplies $12.62 E 602-49400-212 Motor Fuels $51.02 E 101-43100-212 Motor Fuels $34.00 E 101-41940-210 Operating Supplies (GENERAL) $12.62 E 601-49450-212 Motor Fuels $51.02 Total EGGEN'S DIRECT SERVICE, INC. $161.28 UnPaid ESCHELONTELECOM, INC. E 101-41400-200 Office Supplies (GENERAL) $23.95 Internet Service Total ESCHELONTELECOM, INC. $23.95 Unpaid GAGNON PRINTING- E 101-41400-200 Office Supplies (GENERAL) $234.73 Lazer Checks Total GAGNON PRINTING $234.73 UnPaid GOPHER STATE ONE CALL, INC. E 601-49450-210 Operating Supplies (GENERAL) $40.80 70082 Locates E 602-49400-210 Operating Supplies (GENERAL) $40.80 70082 Locates Total GOPHER STATE ONE CALL, INC. $81.60 CITY OF AL B E RTV I L L E Wednesday, August 16, 2000 Check Detail Register Page 2 of 3 Check Amt Invoice Comment UnPaid HAWKINS CHEMICAL, INC. E 601-49450-580 Other Equipment $796.63 279811 Pump Total HAWKINS CHEMICAL, INC. $796.63 UnpaidHENRY & ASSOCIATES�.��.- E 602-49400-408 R/M - Water Services $232.73 5097 Curb Box Repair Parts Total HENRY & ASSOCIATES $232.73 UnPaid MEINY'S DIGGERS E 602-49400-407 R/M - Water Mains $620.00 18734 Remove Hydrant Total MEINY'S DIGGERS $620.00 UnPaida 3 „r .. MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $271.00 115180 E 601-49450-218 Testing Expenses $142.00 115333 Total MIDWEST ANALYTICAL SERVICES $413.00 .�....•:�MIDWEST LANDSCAPES ,, ..,�4��,.,�,,,�. ��,,,.��,�,� �.,�».,m�, ,,,.,..,,,.�•.-,�,�.�...��..� �,,,__.Y�.�_ E 101-42000-521 C/O - Fire Hall $230.00 8336 2 Skyline Locust Trees Total MIDWEST LANDSCAPES $230.00 Unpaid "KE ER TRUCKING/LANDSCAPING SU �� E 101-42000-521 C/O - Fire Hall $63.90 51445 Landscaping Rock - Fire Hall E 101-42000-521 C/O - Fire Hall $267.85 51512 Landscaping Rock - Fire Hail Total MILLER TRUCKING/LANDSCAPING SU $331.75 Unpaid MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $36.00 154 July Pick-ups Total MONTICELLO ANIMAL CONTROL $36.00 Unpaid NEWMAN TRAFFIC SIGNS E 101-43100-226 Sign Repair Materials $115.29 TI-0053294 Total NEWMAN TRAFFIC SIGNS $115.29 NSP .., E 601-49450-381 Electric Utilities $90.85 52nd St Lift Station E 601-49450-381 Electric Utilities $1,367.63 E 101-41940-381 Electric Utilities $242.76 City Hall E 601-49450-381 Electric Utilities $98.37 Savitski Lift Station E 101-45100-381 Electric Utilities $23.03 4-S Park E 101-41940-381 Electric Utilities $20.64 Park & Ride E 101-41940-381 Electric Utilities $13.62 City Sign E 101-45100-381 Electric Utilities $7.51 Lions Shelter E 101-41940-381 Electric Utilities $3.14 Civil Defense Siren E 101-45100-381 Electric Utilities $115.37 City Park Total NSP $1,982.92 UnPaid OBC MIDWEST, INC. E 601-49450-580 Other Equipment $825.32 Boat/Trailer- WWTF Total OBC MIDWEST, INC. $825.32 Unpaid P E.R.A CITY OF AL B E RN I L L E Wednesday, August 16, 2000 Check Detail Register Page 3 of 3 Check Amt Invoice Comment G 101-21704 PERA $682.64 Pay Period 7/29 - 8/11 Total P.E.R.A $682.64 E 101-41700-303 Engineering Fees $1,798.10 66344 Mall Signal Justification E 438-49000-303 Engineering Fees $369.00 66549 Cedar Creek 3rd E 439-49000-303 Engineering Fees $454.36 66550 Center Oaks 4th E 449-49000-303 Engineering Fees $184.76 66551 62nd Street Imp. E 454-49450-303 Engineering Fees $9,647.60 66552 SW Lift Station E 444-49000-303 Engineering Fees $232.50 66553 Psyk's 7th E 101-41700-303 Engineering Fees $1,339.90 66554 General E 450-49000-303 Engineering Fees $8,133.66 66555 Albert Villas E 450-49000-303 Engineering Fees $2,831.50 66556 Albert Villas 2 E 438-49000-303 Engineering Fees $1,642.70 66557 Cedar Creek South 4 E 101-43100-224 Street Overlayment $1,680.36 66558 2000 Street Overlay E 101-41700-303 Engineering Fees $3,724.00 66559 Barthel Industrial Drive E 453-49000-303 Engineering Fees $1,870.40 66560 Kollville Estates E 446-49000-303 Engineering Fees $503.60 66821 Fire Hall Total S.E.H./R.C.M. $34,412.44 UnPaid SCHULTE'S GREENHOUSE & R NURSERY E 101-42000-521 C/O - Fire Hall $161.88 83377 Landscaping Supplies Total SCHULTE'S GREENHOUSE & NURSERY $161.88 Unpaid ...... - � � - V%RIGHT COUNTY TREASURER E 101-42110-307 Police Contract Fees $9,333.00 Patrol-8 August Police Total WRIGHT COUNTY TREASURER $9,333.00 10100 Security State Bank $56,281.20 CITY OF ALBERTVILLE *Revenue Guideline© Current Period: July 2000 Act 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 $332,828.68 $332,826.80 $336,782.32 49.7 Active R 101-31020 Delinquent Ad Valorem Ta $0.00 $9,323.66 $8,502.66 -$9,323.66 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 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 $0.00 $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 $50.00 $10.00 $150.00 25 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 $82,129.16 $6,310.23 -$32,129.16 164.26 Active R 101-32240 Animal Licenses $150.00 $165.00 $30.00 -$15.00 110 Active R 101-33401 Local Government Aid $84,109.00 $42,054.50 $42,054.50 $42,054.50 50 Active R 101-33402 Homestead Credit $138,157.00 $69,078.50 $69,078.50 $69,078.50 50 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 $3,566.50 $3,566.50 -$3,566.50 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 $0.00 $151.00 84.9 Active R 101-34101 Lease Payment -City Prop $0.00 $1,689.00 $0.00 -$1,689.00 0 Active R 101-34103 Zoning and Subdivision Fe $0.00 $16,695.00 $0.00 -$16,695.00 0 Active R 101-34105 Sale of Maps and Publicati $0.00 $260.00 $15.00 -$260.00 0 Active R 101-34106 PID/Legal Description Req $500.00 $100.00 $10.00 $400.00 20 Active R 101-34107 Assessment Search Fees $1,000.00 $460.00 $60.00 $540.00 46 Active R 101-34109 Other Gen Govt Charges $0.00 $10,700.55 $10,406.61 -$10,700.55 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 $900.00 $200.00 $1,100.00 45 Active R 101-34950 Other Revenues $0.00 $1,840.02 $0.00 -$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 $2,645.53 -$155.30 -$2,645.53 0 Active R 101-36210 Interest Earnings $25,000.00 $51,794.01 $4,406.28 -$26,794.01 207.18 Active R 101-36220 Loan Payment - Principal $950.00 $0.00 $0.00 $950.00 0 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 $658,758.83 $477,321.78 $415,415.17 61.33% CITY OF ALBERTVILLE 08/10/0010::2 sM PaI *Expenditure Guideline© Current Period: July 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 $11,400.00 $6,650.00 $950.00 $0.00 $4,750.00 58.33 Active E 101-41100-122 FICA $872.00 $508.83 $72.69 $0.00 $363.17 58.35 Active E 101-41100-151 Worker's Comp Insur $200.00 $36.14 $0.00 $0.00 $163.86 18.07 Active E 101-41100-200 Office Supplies (GE $200.00 $186.51 ($20.61) $0.00 $13.49 93.26 Active E 101-41100-208 Training and Instructi $300.00 $0.00 $0.00 $0.00 $300.00 0 Active E 101-41100-300 Professional Srvs (G $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 Publis $7,000.00 $1,533.17 $652.77 $0.00 $5,466.83 21.9 Active E 101-41100-361 General Liability Ins $5,500.00 $0.00 ($20.00) $0.00 $5,500.00 0 Active E 101-41100-433 Dues and Subscripti $3,000.00 $769.95 $20.00 $0.00 $2,230.05 25.67 Active E 101-41100-490 Donations to Civic Or $0.00 $0.00 $0.00 $0.00 $0.00 0 Dept 41100 Council $33,772.00 $9,684.60 $1,654.85 $0.00 $24,087.40 28.68% Dept 41300 Administrator Active E 101-41300-101 Full -Time Employees $47,250.00 $27,165.98 $3,633.60 $0.00 $20,084.02 57.49 Active E 101-41300-102 Full -Time Employees $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41300-121 PERA $2,450.00 $1,407.19 $188.22 $0.00 $1,042.81 57.44 Active E 101-41300-122 FICA $3,615.00 $2,078.13 $277.96 $0.00 $1,536.87 57.49 Active E 101-41300-131 Employer Paid Healt $6,000.00 $6,288.23 $1,566.20 $0.00 -$288.23 104.8 Active E 101-41300-151 Workers Comp Insur $200.00 -$50.70 $0.00 $0.00 $250.70 -25.35 Active E 101-41300-200 Office Supplies (GE $200.00 $437.00 $0.00 $0.00 -$237.00 218.5 Active E 101-41300-208 Training and Instructi $500.00 $310.00 $0.00 $0.00 $190.00 62 Active E 101-41300-331 Travel Expenses $750.00 $26.10 $0.00 $0.00 $723.90 3.48 Active E 101-41300-361 General Liability Ins $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-41300-433 Dues and Subscripti $100.00 $35.00 $0.00 $0.00 $65.00 35 Active E 101-41300-560 Furniture and Fixture $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-41300-570 Office Equip and Fur $2,500.00 $6,497.93 $0.00 $0.00 -$3,997.93 259.92 Dept 41300 Administrator $64,565.00 $44,194.86 $5,665.98 $0.00 $20,370.14 68.45% Dept 41400 City Clerk Active E 101-41400-101 Full -Time Employees $24,960.00 $15,072.00 $2,016.00 $0.00 $9,888.00 60.38 Active E 101-41400-102 Full -Time Employees $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-41400-104 Temporary Employe $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0 Active E 101-41400-121 PERA $1,295.00 $780.67 $104.42 $0.00 $514.33 60.28 Active E 101-41400-122 FICA $1,910.00 $1,153.12 $154.24 $0.00 $756.88 60.37 Active E 101-41400-131 Employer Paid Healt $6,000.00 $6,288.23 $1,566.20 $0.00 -$288.23 104.8 Active E 101-41400-151 Worker's Comp Insur $150.00 -$50.70 $0.00 $0.00 $200.70 -33.8 Active E 101-41400-200 Office Supplies (GE $2,500.00 $1,339.20 $148.38 $0.00 $1,160.80 53.57 Active E 101-41400-202 Duplicating and copy $1,000.00 $277.38 $0.00 $0.00 $722.62 27.74 Active E 101-41400-208 Training and Instructi $300.00 $476.00 $0.00 $0.00 -$176.00 158.67 Active E 101-41400-301 Auditing and Acct'g $10,000.00 $5,000.00 ($29.71) $0.00 $5,000.00 50 Active E 101-41400-322 Postage $1,200.00 $599.20 $29.71 $0.00 $600.80 49.93 Active E 101-41400-331 Travel Expenses $500.00 $0.00 $0.00 $0.00 $500.00 0 CITY OF ALBERTVILLE 08/10/00 10:29 AM Page 2 *Expenditure Guideline© Current Period: July 2000 Act Status Account Descr YTD Budget YTD Amount MTD Amount Enc Current Balance % of Budget Active E 101-41400-361 General Liability Ins $4,000.00 $0.00 ($1,076.64) $0.00 $4,000.00 0 Active E 101-41400-404 Repair/Maint - Machi $500.00 $1,076.64 $1,076.64 $0.00 -$576.64 215.33 Active E 101-41400-413 Office Equipment Re $1,200.00 $1,072.60 $357.70 $0.00 $127.40 89.38 Active E 101-41400-433 Dues and Subscripti $50.00 $35.00 $0.00 $0.00 $15.00 70 Active E 101-41400-560 Furniture and Fixture $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 101-41400-570 Office Equip and Fur $2,000.00 $5,650.20 $0.00 $0.00 -$3,650.20 282.51 Active E 101-41400-592 Elections $5,000.00 $40.00 $40.00 $0.00 $4,960.00 0.8 Dept 41400 City Clerk $67,765.00 $38,809.54 $4,386.94 $0.00 $28,955.46 57.27% Dept 41410 Elections Active E 101-41410-100 Wages and Salaries Active E 101-41410-203 Printed Forms Active E 101-41410-300 Professional Srvs (G Dept 41410 Elections Dept 41550 Assessing Active E 101-41550-300 Professional Srvs (G Dept 41550 Assessing $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 $10,000.00 $11,190.00 $11,190.00 $10,000.00 $11,190.00 $11,190.00 Dept 41600 City Attorney Active E 101-41600-304 Legal Fees $15,000.00 Dept 41600 City Attorney $15,000.00 Dept 41700 City Engineer Active E 101-41700-303 Engineering Fees Dept 41700 City Engineer Dept 41800 Economic Development Active E 101-41800-200 Office Supplies (GE Active E 101-41800-208 Training and Instructi Active E 101-41800-331 Travel Expenses Active E 101-41800-511 Taxes on City Proper Active E 101-41800-599 TIF Local Contributio Dept 41800 Economic Development Dept 41910 Planning and Zoning Active E 101-41910-100 Wages and Salaries Active E 101-41910-109 Wages -Zoning Adm Active E 101-41910-122 FICA Active E 101-41910-200 Office Supplies (GE Active E 101-41910-208 Training and Instructi Active E 101-41910-306 Planning Fees Active E 101-41910-331 Travel Expenses Dept 41910 Planning and Zoning $0.00 $0.00 0.00% $0.00-$1,190.00 111.9 $0.00-$1,190.00 111.90% $8,045.50 $0.00 $0.00 $6,954.50 53.64 $8,045.50 $0.00 $0.00 $6,954.50 53.64% $25,000.00 $36,126.26 $7,830.74 $0.00 -$11,126.26 144.51 $25,000.00 $36,126.26 $7,830.74 $0.00 -$11,126.26 144.51% $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 $700.00 $100.00 $0.00 $500.00 58.33 $15,600.00 $0.00 $0.00 $0.00 $15,600.00 0 $1,193.00 $52.35 $7.65 $0.00 $1,140.65 4.39 $200.00 $34.04 $0.00 $0.00 $165.96 17.02 $500.00 $205.00 $0.00 $0.00 $295.00 41 $8,000.00 $18,895.45 $0.00 $0.00 -$10,895.45 236.19 $500.00 $0.00 $0.00 $0.00 $500.00, 0 $27,193.00 $19,886.84 $107.65 $0.00 $7,306.16 73.13% CITY OF ALBERTVILLE 08/10/00 10:29 AM Page 3 *Expenditure Guideline© Current Period: July 2000 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Dept 41940 General Govt Buildings/Plant Active E 101-41940-210 Operating Supplies ( $1.200.00 $893.39 $40.57 $0.00 $306.61 74.45 Active E 101-41940-321 Telephone $2,500.00 $1,968.83 $488.22 $0.00 $531.17 78.75 Active E 101-41940-361 General Liability Ins $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 Active E 101-41940-381 Electric Utilities $2,800.00 $1,601.37 $107.03 $0.00 $1,198.63 57.19 Active E 101-41940-383 Gas Utilities $1,500.00 $355.78 $14.14 $0.00 $1,144.22 23.72 Active E 101-41940-384 Refuse/Garbage Dis $800.00 $471.00 $47.05 $0.00 $329.00 58.88 Active E 101-41940-399 Miscellaneous $500.00 $265.75 $0.00 $0.00 $234.25 53.15 Active E 101-41940-401 Repair/Maint - Unpav $4,000.00 $0.00 $0.00 $0.00 $4,000.00 0 Active E 101-41940-404 Repair/Maint - Machi $500.00 $848.50 $848.50 $0.00 -$348.50 169.7 Active E 101-41940-405 Repair/Maint - Buildi $0.00 $435.88 $435.88 $0.00 -$435.88 0 Active E 101-41940-520 Buildings and Structu $1,000.00 $0.00 ($435.88) $0.00 $1,000.00 0 Active E 101-41940-530 Improvements Other $1,000.00 $295.00 $295.00 $0.00 $705.00 29.5 Active E 101-41940-560 Furniture and Fixture $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 10 1 -41940-580 Other Equipment $500.00 $0.00 ($295.00) $0.00 $500.00 0 Dept 41940 General Govt Buildings/Plant $21,300.00 $7,135.50 $1,545.51 $0.00 $14,164.50 33.50% Dept 42000 Fire Department Active E 10 1 -42000-100 Wages and Salaries $1,500.00 $0.00 $0.00 $0.00 $1,500.00 0 Active E 101-42000-106 Wages - Fire Calls $10,000.00 $5,894.00 $3,199.00 $0.00 $4,106.00 58.94 Active E 101-42000-107 Training Reimburse $9,000.00 $315.00 $315.00 $0.00 $8,685.00 3.5 Active E 101-42000-108 Medical Training $2,500.00 $816.00 $0.00 $0.00 $1,684.00 32.64 Active E 101-42000-122 FICA $0.00 $0.00 $0.00 $0.00 $0.00 0 Active E 101-42000-124 Fire Pension Contrib $12,257.00 $2,493.00 $0.00 $0.00 $9,764.00 20.34 Active E 101-42000-150 Worker's Comp (GE $3,700.00 -$133.73 $0.00 $0.00 $3,833.73 -3.61 Active E 101-42000-200 Office Supplies (GE $3,000.00 $1,879.42 $0.00 $0.00 $1,120.58 62.65 Active E 101-42000-208 Training and Instructi $4,500.00 $283.00 $235.00 $0.00 $4,217.00 6.29 Active E 101-42000-212 Motor Fuels $800.00 $538.92 $143.97 $0.00 $261.08 67.37 Active E 101-42000-301 Auditing and Acct'g $1,400.00 $1,374.00 $0.00 $0.00 $26.00 98.14 Active E 101-42000-305 Medical - Physicals $600.00 $944.00 $0.00 $0.00 -$344.00 157.33 Active E 101-42000-311 EMT Training $800.00 $349.00 $0.00 $0.00 $451.00 43.63 Active E 101-42000-312 First Responder Trai $800.00 $894.25 $280.95 $0.00 -$94.25 111.78 Active E 101-42000-321 Telephone $1,200.00 $605.82 $85.97 $0.00 $594.18 50.49 Active E 101-42000-331 Travel Expenses $1,000.00 $313.20 $0.00 $0.00 $686.80 31.32 Active E 101-42000-361 General Liability Ins $3,100.00 $100.00 $100.00 $0.00 $3,000.00 3.23 Active E 101-42000-381 Electric Utilities $2,000.00 $770.84 $0.00 $0.00 $1,229.16 38.54 Active E 101-42000-383 Gas Utilities $1,500.00 $541.84 $22.22 $0.00 $958.16 36.12 Active E 101-42000-384 Refuse/Garbage Dis $800.00 $0.00 $0.00 $0.00 $800.00 0 Active E 101-42000-404 Repair/Maint- Machi $2,500.00 $1,656.86 $0.00 $0.00 $843.14 66.27 Active E 101-42000-405 Repair/Maint - Buildi $500.00 $1,866.00 $1,600.00 $0.00 -$1,366.00 373.2 Active E 101-42000.417 Uniform Rentals $200.00 $0.00 $0.00 $0.00 $200.00 0 Active E 101-42000-433 Dues and Subscripti $200.00 $105.00 $0.00 $0.00 $95.00 52.5 Active E 101-42000-447 C/O - Furniture $0.00 $6,035.75 $0.00 $0.00 -$6,035.75 0 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 CITY OF ALBERTVILLE 08/10/00 10:29 AM Page 4 *Expenditure Guideline© Current Period: July 2000 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-42000-560 Furniture and Fixture $2,000.00 $4,065.54 $0.00 $0.00 -$2,065.54 203.28 Active E 101-42000-570 Office Equip and Fur $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 $394.00 $394.00 $0.00 $2,106.00 15.76 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 $1,714.12 $1,394.62 $0.00 -$714.12 171.41 Active E 10 1 -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 $48,452.93 $7,770.73 $0.00 $98,004.07 33.08% Dept 42110 Police Administration Active E 101-42110-307 Police Contract Fees $111,690.00 $65,331.00 $9,333.00 $0.00 $46,359.00 58.49 Dept 42110 Police Administration $111,690.00 $65,331.00 $9,333.00 $0.00 $46,359.00 58.49% Dept 42400 Building Inspection (GENERAL) Active E 101-42400-302 Building Inspection F $0.00 $20,479.74 $0.00 $0.00 -$20,479.74 0 Dept 42400 Building Inspection (GENERAL) $0.00 $20,479.74 $0.00 $0.00 -$20,479.74 0.00% Dept 42700 Animal Control Active E 101-42700-309 Animal Control Contr Dept 42700 Animal Control Dept 43100 Hwys, Streets, & Roads $3,000.00 $936.00 $297.00 $3,000.00 $936.00 $297.00 $0.00 $2,064.00 31.2 $0.00 $2,064.00 31.20% Active E 101-43100-101 Full -Time Employees $33,852.00 $19,294.40 $2,579.20 $0.00 $14,557.60 57 Active E 101-43100-102 Full -Time Employees $500.00 $531.96 $314.34 $0.00 -$31.96 106.39 Active E 101-43100-104 Temporary Employe $4,000.00 $2,025.81 $0.00 $0.00 $1,974.19 50.65 Active E 101-43100-121 PERA $1,985.00 $1.024.08 $149.89 $0.00 $960.92 51.59 Active E 101-43100-122 FICA $2,935.00 $1,599.87 $221.35 $0.00 $1,335.13 54.51 Active E 101-43100-130 Employer Paid Ins ( $6,000.00 $6,288.23 $1,566.20 $0.00 -$288.23 104.8 Active E 101-43100-151 Worker's Comp Insur $2,600.00 -$252.43 $0.00 $0.00 $2,852.43 -9.71 Active E 101-43100-208 Training and Instructi $750.00 $270.00 $0.00 $0.00 $480.00 36 Active E 101-43100-212 Motor Fuels $3,500.00 $1,670.46 $368.91 $0.00 $1,829.54 47.73 Active E 101-43100-215 Shop Supplies $3,000.00 $1,189.39 $36.01 $0.00 $1,810.61 39.65 Active E 101-43100-221 Ice Removal $3,000.00 $2,010.51 $0.00 $0.00 $989.49 67.02 Active E 101-43100-222 Sand & Gravel $1,000.00 $15.00 $0.00 $0.00 $985.00 1.5 Active E 101-43100-223 Seal Coating $10,000.00 $0.00 $0.00 $0.00 $10,000.00 0 Active E 101-43100-224 Street Overlayment $60,000.00 $5,246.18 $2,732.28 $0.00 $54,753,82 8.74 Active E 101-43100-226 Sign Repair Material $500.00 $2,684.54 $0.00 $0.00 -$2,184.54 536.91 Active E 101-43100-227 Street Sweeping $4,000.00 $350.00 $350.00 $0.00 $3,650.00 8.75 Active E 101-43100-321 Telephone $900.00 $596.36 $71.18 $0.00 $303.64 66.26 Active E 101-43100-331 Travel Expenses $100.00 $0.00 $0.00 $0.00 $100.00 0 Active E 101-43100-381 Electric Utilities $1,200.00 $303.64 $0.00 $0.00 $896.36 25.3 Active E 101-43100-383 Gas Utilities $2,300.00 $331.71 $7.41 $0.00 $1,968.29, 14.42 Active E 101-43100-400 Repair/Maint - Paved $5,000.00 $3,433.39 $0.00 $0.00 $1,566.61 68.67 Active E 10 1 -43100-401 Repair/Maint - Unpav $4,000.00 $2,728.90 $0.00 $0.00 $1,271.10 68.22 CITY OF ALBERTVILLE 08/10/00 10:29 AM Page 5 *Expenditure Guideline© Current Period: July 2000 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-43100-402 Repair/Maint - Sidew $5,000.00 $5,000.00 $0.00 $0.00 $0.00 100 Active E 101-43100-403 Repair/Maint - Catch $3,000.00 $73.96 $0.00 $0.00 $2,926.04 2.47 Active E 101-43100-404 Repair/Maint- Machi $9,000.00 $1,093.97 $352.67 $0.00 $7,906.03 12.16 Active E 101-43100-405 Repair/Maint - Buildi $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 $390.98 $55.70 $0.00 $359.02 52.13 Active E 101-43100-433 Dues and Subscripti $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 $5,619.00 $5,619.00 $0.00 -$1,619.00 140.48 Active E 101-43100-582 C/O - Misc. Equipme $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Dept 43100 Hwys, Streets, &Roads $241,622.00 $71,540.30 $14,424.14 $0.00 $170,081.70 29.61% Dept 43160 Street Lighting Active E 101-43160-381 Electric Utilities Dept 43160 Street Lighting $32,000.00 $22,210.53 $3,255.21 $0.00 $9,789.47 69.41 $32,000.00 $22,210.53 $3,255.21 $0.00 $9,789.47 69.41% Dept 43200 Sanitation (GENERAL) Active E 101-43200-210 Operating Supplies ( $0.00 $2,280.59 $0.00 $0.00-$2,280.59 0 Active E 101-43200-308 Recyding Contract F $20,540.00 $11,837.75 $1,715.00 $0.00 $8,702.25 57.63 Dept43200 Sanitation (GENERAL) $20,540.00 $14,118.34 $1,715.00 $0.00 $6,421.66 68.74% Dept 45000 Culture and Rec (GENERAL) Active E 101-45000-596 Friendly City Days $4,250.00 $3,800.00 $500.00 $0.00 $450.00 89.41 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 & Contributi $750.00 $0.00 $0.00 $0.00 $750.00 0 Dept 45000 Culture and Rec (GENERAL) $20,000.00 $3,800.00 $500.00 $0.00 $16,200.00 19.00% Dept 45100 Recreation (GENERAL) Active E 101-45100-101 Full -Time Employees $34,944.00 $20,417.50 $2,720.00 $0.00 $14,526.50 58.43 Active E 101-45100-102 Full -Time Employees $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 101-45100-104 Temporary Employe $1,000.00 $135.00 $0.00 $0.00 $865.00 13.5 Active E 101-45100-121 PERA $1,888.00 $1,052.60 $140.90 $0.00 $835.40 55.75 Active E 101-45100-122 FICA $2,788.00 $1,554.48 $208.08 $0.00 $1,233.52 55.76 Active E 101-45100-130 Employer Paid Ins ( $6,000.00 $6,288.23 $1,566.20 $0.00 -$288.23 104.8 Active E 101-45100-151 Worker's Comp Insur $2,600.00 -$46.19 $0.00 $0.00 $2,646.19 -1.78 Active E 101-45100-208 Training and Instructi $200.00 $132.00 $0.00 $0.00 $68.00 66 Active E 101-45100-210 Operating Supplies ( $2,500.00 $1,038.66 $6.00 $0.00 $1,461.34 41.55 Active E 101-45100-212 Motor Fuels $400.00 $478.61 $130.16 $0.00 -$78.61 119.65 Active E 101-45100-321 Telephone $700.00 $328.79 $104.88 $0.00 $371.21 46.97 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 $1,135.65 $49.90 $0.00 $1,564.35 42.06 CITY OF ALBERTVILLE 08/10/00 10:29 AM Page 6 *Expenditure Guideline© Current Period: July 2000 Act YTD YTD MTD Enc % Status Account Descr Budget Amount Amount Current Balance of Budget Active E 101-45100-383 Gas Utilities $1,500.00 $285.76 $5.33 $0.00 $1,214.24 19.05 Active E 101-45100-384 Refuse/Garbage Dis $800.00 $754.49 $47.05 $0.00 $45.51 94.31 Active E 101-45100-404 Repair/Maint- Machi $3,000.00 $1,658.70 $483.40 $0.00 $1,341.30 55.29 Active E 101-45100-405 Repair/Maint - Buildi $2,000.00 $69.75 $0.00 $0.00 $1,930.25 3.49 Active E 101-45100-415 Other Equipment Re $2,500.00 $1,226.21 $309.20 $0.00 $1,273.79 49.05 Active E 101-45100-417 Uniform Rentals $750.00 $390.99 $55.70 $0.00 $359.01 52.13 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 $10,000.00 $948.61 $362.86 $0.00 $9,051.39 9.49 Active E 101-45100-588 C/O - Park Mach/Eq $10,000.00 $6,439.79 $6,439.79 $0.00 $3,560.21 64.4 Active E 101-45100-589 C/O - Park/Trail Con $20,000.00 $0.00 $0.00 $0.00 $20,000.00 0 Active E 101-45100-595 City Special Assess $3,200.00 $1,400.00 $0.00 $0.00 $1,800.00 43.75 Dept 45100 Recreation (GENERAL) Dept 49300 Other Finanacing Uses Active E 101-49300-650 Working Capital Res Active E 101-49300-660 Capital Projects Res Dept 49300 Other Finanacing Uses $115,170.00 $45,689.63 $12,629.45 $0.00 $69,480.37 39.67% $73,800.00 $40,000.00 $0.00 $251.26 $0.00 $0.00 $0.00 $0.00 $73,800.00 $39,748.74 0 0.63 $113,800.00 $251.26 $0.00 $0.00 $113,548.74 0.22% Fund 101 GENERAL FUND $1,074,174.00 $470,063.75 $82,306.20 $0.00 $604,110.25 43.76% CITY OF ALBERTVILLE *Revenue Guideline© Current Period: July 2000 Act Status Account Descr YTD Budget YTD Amount MTD Amount Fund 601 SEWER FUND Active R 601-36105 Certified Del. Utilities $0.00 $15,470.68 $14,865.68 Active R 601-36210 Interest Earnings $0.00 $0.00 $0.00 Active R 601-37200 Sewer Sales $248,000.00 $131,834.39 $9,100.78 Active R 601-37260 Swr Penalty $6,000.00 $1,273.97 $117.32 Active R 601-99999 UNALLOCATED UTILITY $0.00 $0.00 $0.00 Fund 601 SEWER FUND $254,000.00 $148,579.04 $24,083.78 08/10/00 10:34 AM Page 53 Balance of Budget -$15,470.68 0 $0.00 0 $116,165.61 53.16 $4,726.03 21.23 $0.00 0 $105,420.96 58.50% CITY OF ALBERTVILLE 08/10/00 10:30 AM Page 58 *Expenditure Guideline© Current Period: July 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 $20,000.00 $10,670.65 $1,531.26 $0.00 $9,329.35 53.35 Active E 601-49450-102 Full -Time Employees $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 601-49450-103 Part -Time Employee $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Active E 601-49450-104 Temporary Employe $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 601-49450-121 PERA $1,270.00 $516.66 $79.32 $0.00 $753.34 40.68 Active E 601-49450-122 FICA $1,875.00 $816.40 $117.14 $0.00 $1,058.60 43.54 Active E 601-49450-130 Employer Paid Ins ( $3,000.00 $3,516.96 $783.10 $0.00 -$516.96 117.23 Active E 601-49450-151 Worker's Comp Insur $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 Instructi $1,000.00 $616.58 $0.00 $0.00 $383.42 61.66 Active E 601-49450-210 Operating Supplies ( $1,000.00 $3,814.55 $188.65 $0.00 -$2,814.55 381.46 Active E 601-49450-212 Motor Fuels $600.00 $354.29 $84.02 $0.00 $245.71 59.05 Active E 601-49450-216 Chemicals - Alum $8,000.00 $6,445.05 $2,227.39 $0.00 $1,554.95 80.56 Active E 601-49450-217 Chemicals - Ferric C $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 $2,191.00 $454.00 $0.00 $1,009.00 68.47 Active E 601-49450-300 Professional Srvs (G $4,000.00 $121,746.33 $2,830.00 $0.00 -$117,746.33 3043.66 Active E 601-49450-321 Telephone $2,700.00 $412.33 $39.02 $0.00 $2,287.67 15.27 Active E 601-49450-322 Postage $300.00 $462.06 $107.21 $0.00 -$162.06 154.02 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 $9,027.39 $1,686.19 $0.00 $3,472.61 72.22 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 - Machi $5,000.00 $4,061.33 $0.00 $0.00 $938.67 81.23 Active E 601-49450-405 Repair/Maint - Build! $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 601-49450-406 R/M - Collection Syst $5,000.00 $310.00 $0.00 $0.00 $4,690.00 6.2 Active E 601-49450-417 Uniform Rentals $375.00 $195.51 $27.85 $0.00 $179.49 52.14 Active E 601-49450-552 C/O - Pick-up $20,000.00 $1,842.78 $0.00 $0.00 $18,157.22 9.21 Active E 601-49450-580 Other Equipment $2,500.00 $3,854.19 $0.00 $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 Prind $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 $227,972.96 $10,155.15 $0.00 -$14,232.44 106.66% Fund 601 SEWER FUND $213,740.52 $227,972.96 $10,155.15 $0.00 -$14,232.44 106.66% CITY OF ALBERTVILLE 08/10/00 10: 34 AM Page 54 *Revenue Guideline© Current Period: July 2000 Act % 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 $122.92 -$1,181.97 -$122.92 0 Active R 602-34950 Other Revenues $0.00 $0.00 $0.00 $0.00 0 Active R 602-36100 Special Assessments $0.00 $10,496.60 $10,496.60 -$10,496.60 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 $45,757.22 $3,548.89 $19,242.78 70.4 Active R 602-37105 Water Sales - JPB $0.00 $8,708.29 -$37,489.56 -$8,708.29 0 Active R 602-37130 Safe Water Test Fees $0.00 $703.27 $606.63 -$703.27 0 Active R 602-37160 Water Penalty - City $0.00 $202.89 $20.22 -$202.89 0 Active R 602-37165 Water Penalty - JP $0.00 $72.38 -$420.22 -$72.38 0 Active R 602-37166 Safe Water Penalty $0.00 $0.96 -$18.13 -$0.96 0 Active R 602-37170 WAC - City $48,000.00 $42,600.00 $3,600.00 $5,400.00 88.75 Active R 602-37171 WAC - JPB $0.00 $51,600.00 -$24,600.00 -$51,600.00 0 Active R 602-37190 Meter Sales Active R 602-99999 UNALLOCATED UTILITY Fund 602 WATER FUND $8,000.00 $7,855.00 $600.00 $0.00-$3,904.93-$14,018.05 $121,000.00 $165,373.26-$58,855.59 $145.00 98.19 $3,904.93 0 -$44,373.26 136.67% CITY OF ALBERTVILLE 08/10/00 10:30 AM Page 59 *Expenditure Guideline© Current Period: July 2000 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 $20,000.00 $10,670.60 $1,531.24 $0.00 $9,329.40 53.35 Active E 602-49400-102 Full -Time Employees $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0 Active E 602-49400-104 Temporary Employe $3,000.00 $0.00 $0.00 $0.00 $3,000.00 0 Active E 602-49400-121 PERA $1,245.00 $516.62 $79.32 $0.00 $728.38 41.5 Active E 602-49400-122 FICA $1,850.00 $816.39 $117.13 $0.00 $1,033.61 44.13 Active E 602-49400-130 Employer Paid Ins ( $3,000.00 $3,516.96 $783.10 $0.00 -$516.96 117.23 Active E 602-49400-151 Worker's Comp Insur $605.00 -$7.32 $0.00 $0.00 $612.32 -1.21 Active E 602-49400-203 Printed Forms $300.00 $503.27 $178.65 $0.00 -$203.27 167.76 Active E 602-49400-208 Training and Instructi $500.00 $312.50 $0.00 $0.00 $187.50 62.5 Active E 602-49400-210 Operating Supplies ( $500.00 $588.63 $75.20 $0.00 -$88.63 117.73 Active E 602-49400-212 Motor Fuels $1,000.00 $421.00 $110.57 $0.00 $579.00 42.1 Active E 602-49400-250 Meters for Resale $7,200.00 $6,815.55 $544.52 $0.00 $384.45 94.66 Active E 602-49400-300 Professional Srvs (G $1,500.00 $12,036.95 $0.00 $0.00 -$10,536.95 802.46 Active E 602-49400-321 Telephone $300.00 $246.04 $13.05 $0.00 $53.96 82.01 Active E 602-49400-322 Postage $300.00 $673.92 $107.21 $0.00 -$373.92 224.64 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- Machi $3,500.00 $369.37 $23.13 $0.00 $3,130.63 10.55 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 Service $500.00 $0.00 $0.00 $0.00 $500.00 0 Active E 602-49400-417 Uniform Rentals $375.00 $195.49 $27.85 $0.00 $179.51 52.13 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 $0.00 $0.00 $18,157.23 9.21 Dept 49400 Water Utilities (GENERAL) $93,025.00 $46,424.90 $3,590.97 $0.00 $46,600.10 49.91 % Fund 602 WATER FUND $93,025.00 $46,424.90 $3,590.97 $0.00 $46,600.10 49.91 % CITY OF ALBERTVILLE 08/10/00 10:34 AM Page 55 *Revenue Guideline© Current Period: July 2000 Act % 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 $14,629.40 $844.28 -$14,629.40 0 Active R 604-37450 Storm Wtr Connection $0.00 $14,200.00 $1,200.00 -$14,200.00 0 Active R 604-37460 Storm Water Penalty $0.00 $131.24 $9.46 -$131.24 0 Active R 604-99999 UNALLOCATED UTILITY $0.00 $0.00 $0.00 $0.00 0 Fund 604 STORM WATER $0.00 $28,960.64 $2,053.74 -$28,960.64 0.00% Report Total $1,449,174.00 $2,542,867.05 $1,022,325.09-$1,093,693.05 175.47% CITY OF ALBERTVILLE *Expenditure Guideline© Current Period: July 2000 Act YTD YTD MTD Status Account Descr Budget Amount Amount Fund 604 STORM WATER Dept 49960 Storm Water Utility Active E 604-49960-203 Printed Forms Active E 604-49960-300 Professional Srvs (G Active E 604-49960-322 Postage Dept 49960 Storm Water Utility Fund 604 STORM WATER Report Total 08/10/00 10:30 AM Page 60 Enc % Current Balance of Budget $0.00 $86.97 $0.00 $0.00 -$86.97 0 $0.00 $7,386.99 $0.00 $0.00 -$7,386.99 0 $0.00 $262.84 $0.00 $0.00 -$262.84 0 $0.00 $7,736.80 $0.00 $0.00-$7,736.80 0.00% $0.00 $7,736.80 $0.00 $0.00 -$7,736.80 0.00% $1,380,939.52 $1,611,064.91 $244,365.30 $0.00 -$230,125.39 116.66% NORTHWEST ASSOCIATED COt INC% COMMUNITY PLANNING - DESIGN - MARK MEMORANDUM TO: Albertville Mayor and City Council Linda Goeb, City Administrator FROM: Deb Garross, Senior Planner DATE: August 15, 2000 Alco RE: Resolution Terminating Interim Moratorium Ordinance Concerning Multi -family Development and Performance Standards FILE NO: 163.05 - 00.11 BACKGROUND The City Council approved the Zoning Ordinance amendment concerning performance standards for multi -family projects at the August 7, 2000 meeting. It is assumed that the ordinance addressed all of the issues pertaining to multi- family developments and performance standards that were the subject of the moratorium established in March of this year. If the City Council concurs with this, it is recommended that the moratorium ordinance be repealed. The City Attorney has prepared a resolution, which is attached to the agenda packet repealing the interim moratorium ordinance. ACTION REQUESTED A motion as part of the consent agenda is requested to approve attached Resolution 2000- repealing the moratorium ordinance for multi -family developments within the City of Albertville. PC Mike Couri 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 16 PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NACQa WINTERNET.COM CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION #2000-24 RESOLUTION TERMINATING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE PLATTING OF PROPERTY LOCATED IN THE R-5, R-6, R-7 AND R-8 ZONING DISTRICTS WITHIN THE CITY OF ALBERTVILLE WHEREAS, the City Council of the City of Albertville has previously established a moratorium upon the platting of property located in the R-5, R-6, R- 7 and R-8 zoning districts of the City of Albertville in order to proceed with studies and procedures necessary to amend its comprehensive Plan and official controls; and WHEREAS, the City has since revised its official controls relating to said zoning districts; and WHEREAS, the City has determined that the substantial revisions made in the official controls are adequate to allow early termination of the moratorium; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. That the moratorium upon the platting of property located in the R-5, R-6, R-7 and R-8 zoning districts of the City of Albertville established by Interim Ordinance No. 2000-2 is hereby terminated effective upon the date of publication of this Resolution. 2. That the City Administrator is directed to publish this resolution in the official newspaper as soon as practical. ADOPTED this 21S` day of August, 2000. CITY OF ALBERTVILLE John Olson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Water Department DATE: August 17, 2000 SUBJECT: REPORT WASTEWATER TREATMENT DEPARTMENT: • The aerators in ponds #1 and #2 have been greased. I removed and replaced aerator #2 with spare and sent aerator #2 in for repairs. • Construction has started on the new wastewater treatment plant. WATER DEPARTMENT: • We have had a considerable number of dirty water complaints. I have flushed several hydrants on several occasions. I don't feel the City of Albertville should be responsible for dirty water or that we should be answering dirty water complaints, since we have no control over water quality. JM:bmm Bridget's EAMy Documents\Public Works Reports\WWTPR-07-12-OO.doc PLANNING & ZONING COMMISSION July 12, 2000 Albertville City Hall 7:00 PM PRESENT: Chair Jim Brown, Commission Members Carolyn Bauer, and Ray Meyer and Council Liaison Gary McCormack, City Administrator Linda Goeb, Zoning Administrator Kevin Mealhouse and City Planner Cindy Sherman Chair Brown called the regular meeting of the Planning & Zoning Commission to order. Meyer made a motion to approve the agenda as presented. Bauer seconded the motion. All voted aye. Meyer made a motion to approve the minutes of the June 14, 2000, minutes as presented. Bauer seconded the motion. All voted aye. Chair Brown opened the public hearing on the rezoning, CUP/PUD preliminary plat and the variances from the Shoreland Regulations for the Towne Lakes project. Planner Sherman explained that Contractor Property Developer Company (CPDC) has submitted an application for rezoning from R-1 A to PUD, CUP/PUD preliminary plat and variance under the Shoreland Regulations for the property located between School Lake and Mud Lake in the northeast quadrant of the city. The plat proposes 150 single family home sites designed in a "traditional neighborhood" fashion on 85 acres, for a density of 1.76 units per acre. The plat requires three variances from the Shoreland Regulations and the variances impact the ability to process the application as a PUD/CUP under the shoreland regulation. The variances must be granted in order for the project to be eligible for PUD Ordinances. Craig Rapp and Planner Mark Putnam, representing CPDC, made a presentation of the proposed development. They explained that a 20' minimum buffer area around the shores of the lakes would be dedicated as a shoreland conservation easement with the developer planting native trees and shrubs within the easement to encourage wildlife habitat and decrease the visual impact of the development on the natural environment lakeshore. Several staff level meetings have been held with a staff person from the DNR to discuss the requested variances. PLANNING & ZONING COMMISSION July 14, 2000 Page 2 of 4 Chair Brown polled the Commissioner present for their opinions. All members, including Council liaison Gary McCormack were very supportive of the "traditional neighborhood" design and were in agreement that the proposal meets the requirements of the PUD zoning. The Commission directed that additional findings are included in the Findings of Fact & Recommendation as follows: • The developer will encumber an area not less that 20' as a conservation easement, will plat native trees and shrubs in the easement, and restrict further use of the easement in terms of use and landscaping. • The Homeowners Association will be responsible for tree trimming in the boulevards. • The developer will provide the City with approved housing styles and plans. Meyer made a motion to adopt the Findings of Fact & Recommendation as amended above, for the rezoning, CUP/PUD preliminary plat, and three variances from the Shoreland Regulations as requested. Bauer seconded the motion. All voted aye. Chair Brown opened the public hearing to discuss the Park & Trail Plan. City Planner Cindy Sherman reviewed the park plan update as proposed. The plan shows estimated costs for future park land and equipment. Based on the revised plan, commercial and industrial park dedication fees have been proposed. City Administrator read into the record a letter dated July 11, 2000, from Shane Bullough of JMP Properties, regarding the park dedication fees for commercial properties. Mark Mooney and Jack Lowry, potential developers in the City of Albertville, told the Commission that commercial development has been slowed considerably because of what they deem to be excessive park dedication fees for commercial properties. Since 1997 when the park dedication fee was established based on market value, land costs have escalated considerably, consequently so have park dedication fees for commercial and industrial properties. Both developers feel the proposed fee schedule is more in line with other communities' park fees. Chair Brown stated that he believes that either the 70% or 75% calculation is appropriate for park fees. He believes that the City should use levied tax dollars toward the park system rather than count exclusively on park dedication fees. He also indicated PLANNING & ZONING COMMISSION July 14, 2000 Page 3 of 4 that there are too many variables on the dedication fees when they are based exclusively on market value. Commissioner Meyer indicated he is in favor of adjusting the park dedication fees to the 70% proposed fee schedule. Council Liaison McCormack thinks that either the 70% or 75% rate is appropriate and indicated that the City needs more commercial development. There was no other comment from the audience, and Chair Brown closed the public hearing. Bauer made a motion to recommend the Council approve Alternate C, Commercial/Industrial Fee Structure Alternative, and set park dedication fees for commercial/industrial properties at $4,324 per acre. Meyer seconded the motion. All voted aye. Planner Sherman reviewed the proposed park plan. The park system has been inventoried and the basic changed in the revised plan is fewer trails in the plan. The Council has determined that sidewalks will be required in new developments. As an example, Sherman explained that the Council recently required a 4' wide sidewalk along 53rd Street. Commissioner Bauer feels that a 5' wide sidewalk is more appropriate. McCormack also thinks a 5' sidewalk is better. Meyer thinks a 4' sidewalk is adequate, but he is not opposed to 5'. Chair Brown suggested that he would prefer to study the revised park plan further before making a decision on a recommendation to the Council. Meyer made a motion to table further discussion of the park plan and continue the public hearing to the July meeting. Bauer seconded the motion. All voted aye. Chair Brown opened the public hearing to consider an amendment to the Comprehensive Plan - Transportation Section by changing the roadway functional classification of Main Avenue from a Major Collector to a Minor Collector. In addition the functional classification of Barthel Industrial Drive is proposed to be changed from a Minor Collector to a Major Collector. PLANNING & ZONING COMMISSION July 14, 2000 Page 4 of 4 Chair Brown called for public comment. Marc Wiegle, planner for the City of St. Michael, stated that St. Michael agrees with reclassifying Main Avenue to a minor collector and Barthel Industrial Drive as a major collector. St. Michael is requesting that Albertville keep all options open relating to a future connection at Main Avenue. There were no other comments from the public, and Chair Brown closed the public hearing. Bauer made a motion to recommend that Council approve an amendment to the Comprehensive Plan by reclassifying Main Avenue as a minor collector road and Barthel Industrial Drive as a major collector road. Meyer seconded the motion. All voted aye. Bauer made a motion to adjourn at 10:00 PM. Meyer seconded the motion. All voted aye. Jim Brown, Chair Linda Goeb, City Administrator NORTHWEST ASSOCIATED C(0 ) A NPIC COMMUNITY PLANNING - DESIGN - MA 4, ( MEMORANDUM TO: Albertville Mayor and City Council Linda Goeb, City Administrator FROM: Deb Garross, Senior Planner DATE: August 17, 2000 RE: Albertville Park & Trail Plan Study FILE: 163.05 — 00.14 INTRODUCTION The purpose of this memo is to provide the City Council with the updated Park Implementation Chart with the changes directed by the Council at the August 7tn meeting. The Chart has been updated with the S.E.H. cost estimate for Lion's Park, Town Lakes proposed parks, recommendations from the Planning Commission and the addition of 15% Engineering design fees. DISCUSSION The result of the changes to the park system directed by the City Council and via recommendations of the Planning Commission resulted in an increase of the 2000 system costs from $4,496,456 to $5,145,231 dollars. The majority of the increase is based upon the S.E.H. calculations for the upgrade of the ballfields at Lion's park. The addition of the proposed Towne Lakes development did not increase the park system costs because the developer is proposing to construct the recreation facilities, trails, sidewalks and also dedicate the land to the City. The introduction of the Towne Lakes project did however decrease the amount of anticipated future residential fee dedication by removing 85 acres of potential land (residential unit dedications). As a result, the future residential dedication fees were reduced from $1,440,400 to $1,231,100. The analysis also assumed that the residential fee would remain at $1,30 per acre. The increased park system costs, coupled with a decrease in anticipated fu ure ees from residential development increased the balance of park system costs from $3,056,056 to $3, 914,131. If C/I development is to cover the balance of the costs, the revised dedication alternaf I' Ives are out Ined as follows. 2� J_ 11*� ,. Alternate A — 100% 3,914,131 _ 530 acres = $7 385 per acre e C/I Alternate B — 70% Alternate C - 75% 2,370,561 - 2,627,823 530 acres = $4,472 per acre C/I �� f - 530 acres = $4,958 per acre C/I ��Oa"'t Alternate D — 80% 2,885,064 - 530 acres = $5,443 per acre C/I -- `- .. FY° / 3,? i (,67 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 !717 6 ,��Ub E-MAIL NAC @a WINTERNET.COM It is important for the City to recognize that the analysis is general in nature and that several assumptions were made to develop the information for Council review. The C/I acreages reflected in the analysis are net acres as opposed to gross acres. Additionally, some of the costs utilized for the analysis included an estimate for Engineering/design suggested by the City Engineer of 15%. The analysis does not take into account other revenue sources such as fees for park use or gifts by organizations and charitable groups. This process is associated with an amendment to the Park and Trails Comprehensive Plan and as such the estimates and information should be considered as generalized and not a specific set budget/CIP. As additional information, a survey prepared by Ingrahm and Associates is attached to this report which identifies park dedication fees for a number of municipalities. However, we caution that property values, tax structures and park system development and funding vary widely from community to community. PLANNING COMMISSION ACTION The Planning Commission reviewed the Park Implementation Chart and draft 2000 Park & Trail maps. The attached map indicates the recommended park system identified by the Planning Commission. The following points summarize the Planning Commission recommendations concerning the Comprehensive Park and Trail Plan: ■ The City should review and develop priorities for implementation of the proposed park system. ■ The City budget/CIP should include a line item for park maintenance. ■ The City should consider establishing park dedication in terms of a percentage of the improvement costs to be updated on an annual basis. ■ The Planning Commission recommended that the Commercial/Industrial dedication be established at $4,500 per acre. ■ A typical section plan should be developed for sidewalks and trails and incorporated into the appropriate design guidelines and subdivision/project requirements of the Zoning and Subdivision Ordinances. ■ Sidewalks/trails should be installed at the same time as the roads are constructed and the developer should be responsible to monitor the builders to assure that any damages to the trails are repaired. ■ Lion's Park should be the highest priority park for completion because it is the City's central park. ■ The consensus of the Commission was to eliminate the 4 small parks as recommended in the NAC report and to incorporate the improvements into 1 larger lakeshore park. ■ Park dedication should not be used for maintenance but for land acquisition and park development ■ The City should consider developing a sidewalk/trail ordinance similar to the Prior Lake policy. An ordinance is preferred to a policy statement. ACTION REQUESTED 1. A motion to approve the amendment to the Albertville Park and Trail Comprehensive Plan to incorporate the revised, park facilities tables and map. 2. A motion to adopt Resolution 2000- amending the fee schedule for park dedication. 3. A motion to approve Ordinance No. 2000- amending the Subdivision Ordinance to change the method of calculating park fees and to establish sidewalk standards. 4. A motion to direct staff to prepare a sidewalk ordinance for review by the Planning Commission and City Council incorporating standards similar to the Prior Lake Sidewalk/Trail policy. CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA RESOLUTION # 2000 - RESOLUTION AMENDING THE FEE SCHEDULE FOR PARK DEDICATION EFFECTIVE AS OF AUGUST 21, 2000. WHEREAS, The City of Albertville has an established Park and Trail Comprehensive Plan which has been in effect since September 8, 1997; and WHEREAS, The City Council established park dedication fees for residential, commercial and industrial properties to obtain land and revenue to complete the park and trail system outlined in the Comprehensive Plan; and WHEREAS, The City of Albertville was requested by Mooney Development Corporation to review the park dedication fees for commercial properties; and WHEREAS, The City has conducted an analysis of park and trail system and the associated costs to implement said system; and WHEREAS, The City Council has determined that the fee structure should take into account park and trail infrastructure costs, property values, inflation, facility use and development as opposed to market value alone. NOW, THEREFORE BE IT RESOLVED BY THE ALBERTVILLE CITY COUNCIL, WRIGHT COUNTY, MINNESOTA, that it does hereby adopt this resolution setting forth park dedication fees for the land use categories specified as follows: Residential Uses: $1,300.00 per unit Commercial/Industrial Uses: $4,500 per acre ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 21st DAY OF AUGUST 2000. ATTEST: LIM Linda Goeb, City Administrator 1 CITY OF ALBERTVILLE Un Mayor John A. Olson CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2000 - AN ORDINANCE AMENDING SECTION A-600.8. (Park and Trail Design) and SECTION A- 600.15. (Park Land and Trail Dedication Requirements) OF THE ALBERTVILLE SUBDIVISION ORDINANCE TO INCORPORATE REVISED TRAIL, SIDEWALK AND PARK DEDICATION STANDARDS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. SECTION A-600.8. PARK AND TRAIL DESIGN REQUIREMENTS OF THE SUBDIVISION ORDINANCE IS AMENDED TO READ AS FOLLOWS: A-600.8. Park and Trail Design. (a) Park Design. (1) Land for parks shall be acquired, planned and developed according to the Park Classification Guidelines contained in the Comprehensive Park and Trail System Plan which specifies the appropriate sizes, locations, service areas, and equipment types to best serve the City. (2) Park accessibility shall be maximized to serve City residents by requiring either vehicular or pedestrian access or both, depending upon the size and classification of the park. (b) Trail/Sidewalk Design. (1) Trail Types. Trails constructed in the City shall be one of the following: (i) On -Street Trails/Paved Shoulders: These trails share the same paved surface as the roadway that they follow. They are designed for multiple uses and may be located on one or both sides of the street. (ii) Grade -Separated Trails: These asphalt trail segments are intended to be separated from the adjacent roadway by a strip of land/plantings or physical structure (preferably not less than g[g.!2t five feet wide). Asphalt trails may be constructed along side yards but should not be located in the front yard of single family residential homes. Grade -Separated Trails They are designed for the integration of a variety of compatible non -motorized trail uses including pedestrians, bicycles, skate -boards, roller-skates or in -line skates. They shall generally follow street rights -of -way, but may be 1 setback varying distances from a road for aesthetic, safety, maintenance, or snow storage reasons depending upon the classification of roadway with which they are associated (traffic volumes, speed, etc). NO Sidewalks: Concrete sidewalks shall be required for all proiects where a means of pedestrian access is deemed necessary, by the City Council, form the development to schools, parks, churches, business or industrial developments, adiacent neighborhoods, transportation facilities, or for unusually long blocks, in order to meet the purpose and objectives of the Park and Trail Comprehensive Plan. Sidewalks will normally consist of five (5) foot wide concrete sections to be located within a public road right-of-way at least one (1) foot inside of the right-of-way line. A border area consisting of a minimum three (3) foot wide strip of grass located between the street edge of the sidewalk and curb face shall be provided. The Citv Council may approve sidewalks of lesser or greater width (four (4) to eight (8) feet), and with or without the grass planting strip, for locations where the City Council determines that existing development, topography, trees, high traffic volume and/or Pedestrian safety is a concern, (iii) Overland Trails/Linear Parks: These trail segments shall provide a standard trail width within a park or natural area that is dedicated as public or private open space. These trails are intended to be located within significantly wider rights -of -way or natural corridors, and shall be leGated away from streets, se+eFs -and will not typically be installed parallel to the street surface. They should be designed to incorporate vegetation, seating, picnic areas, and playgrounds or other supporting site elements and may serve a dual purpose as a buffer strip or separated bikeway. Abandoned railroad rights -of -way and many utility easements fall into this category. (2) Trail Widths. (i) The following paved trail widths shall be required (exclusive of dedicated corridor or easement area within which the paved trail is located): 2 Street Arterial 8 -4A foot trail on one or both sides of street as required Major Collector 8 4-9 foot trail on one or both sides of street as required Minor Collector 8 foot trail or 5 foot sidewalk on one side of Local 8 foot trail or 5 foot sidewalk on one side of the street or as required of the street CSAH 19 X CSAH 37 X CSAH 35 (west of Main) X County Highway 118 X Main Avenue X X CSAH 35 (east of Main) X 53rdJ57th Streets X Kalland Avenue X Barthel Drive X X 70th Street X All other streets X (ii) Lesser widths may be necessary in established residential areas and where space is limited. In no case, shall a trail/sidewalk be installed at less than a four (4) foot width. (iii) Sidewalk design and width standards shall be in accordance with the sidewalk policy established by resolution of the City Council. (3) In residential areas (local streets only) on -street trails may be URFnarked, paved with a stripe or identified by a sign. On -street trails associated with collector or arterial streets are not desired for long term use, however, where necessary they should always have a specially marked shoulder area and/or be sign identified. (4) Trails shall be constructed according to the standards established in the City's Standard Detail Plates dGG6lFneRt dated SeptembeF 12, or as otherwise specified by the City Engineer. (5) The longitudinal slope of trails along their length should not exceed five (5) percent to be considered handicapped accessible and eight (8) to ten (10) percent in areas where access would otherwise be limited. (6) The cross sectional slope of trails shall not exceed two (2) percent and shall be convex (raised to slope toward each side) or sloped in one direction to allow for proper drainage. 3 (7) Unobstructed forward and rear views should be provided for each type of user: fifty (50) feet for pedestrians and one hundred fifty (150) feet for bicyclists and skaters. (8) All trails shall be paved with bituminous surfacing and all sidewalks shall be concrete, unless otherwise approved by the City Council. In special situations, trail surfaces of vegetative ground cover, gravel, stone or wood chips may be used as interim surfaces or within natural areas. SECTION 2. SECTION A-600.15. PARK LAND AND TRAIL DEDICATION REQUIREMENTS OF THE SUBDIVISION ORDINANCE IS AMENDED TO READ AS FOLLOWS: A-600.15. Park Land and Trail Dedication Requirements. (a) Applicants for the subdivision of land and developers of land within the City of Albertville shall be required to dedicate to the City of Albertville for park, playground, trail, and public open space purposes the following minimum amounts of land or cash, or both, whichever the City, at its option, shall require. The required dedication shall be made prior to the City's release of the final plat for filing. The amount of any required cash contribution shall be calculated based upon rates established by the City and in effect as of the date of the release of the final plat for filing. (b) Land to be dedicated for public use shall be reasonably suitable for its intended use as determined by the City and shall be at a location convenient to the public to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, vegetation, access and location. (c) The applicant shall consult with the Planning Commission, at the time hi-s the preliminary plat is under consideration, to secure their recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location, area and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the City Council for their approval. (d) When a proposed park, trail, sidewalk, playground, recreational area, or other public ground has been indicated in the City's official map, Comprehensive Land Use Plan or Comprehensive Park and Trail Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the City. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquire, the City may consider acquiring the excess land through purchase or condemnation. 4 (e) Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. (f) Where private open space for park, trail, playground, open space or other recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for purposes described in this Chapter provided the City Council finds it is in the public interest to do so and that the following standards are met: (1) That yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and (2) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (3) That the private open space is restricted for park, playground, trail, open space or recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and (4) That the proposed private open space is reasonably adaptable for use for such purposes, taking into consideration such factors as size, shape, topography, vegetation, geology, access and location of the private open space land; and (5) That facilities proposed for such purposes are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan or Comprehensive Park and Trail Plan, and are approved by the City Council; and (6) That where such credit is granted, the amount of credit shall not exceed twenty-five (25) percent of the amount of dedication as calculated herein. (g) The City, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. In addition, the City Council may also require lots within the subdivision be held in escrow for future sale or development. The monies derived from the sale of escrowed lots will be used to develop facilities or to purchase park land in the future. 5 (h) Residential Dedications. (1) Land shall be dedicated pursuant to the following schedule wherein density is calculated by considering the total gross acreage of the entire plat, subdivision or development being considered: Dwelling Units Per Gross Acre Less than nine (9) Nine (9) and More Dedication Requirement 10% of subdivision area 11 % of subdivision area plus an additional 1/2% for each additional dwelling unit per acre over nine (9) (2) A cash contribution in lieu of land dedication may be required pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development. The City Council shall establish from time to time b.,y�� Resolution the amount of required cash contribution. and aa#�haaged 'bf'�ce—'�" lutien—heFe adopted, the —aFnGURt'-G'ff Gash GGRtFibutiGR Thrall be. . (3) Combination Land and Cash Dedication. The City may require the applicant or developer to make a combination cash and land dedication pursuant to the following formula: a. The amount of land which could be required in accordance with this Ordinance shall be calculated. b. From the total calculated in sub -paragraph (3)(a) above, the actual amount of land the City determines to be needed to fulfill the purposes of this Chapter shall be subtracted. C. The balance arrived at in sub -paragraph (3)(b) above shall be converted into a cash contribution in lieu of land dedicated pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development and the percentage of the total park dedication obligation represented by the said balance. 0 (i) Commercial, Industrial and Public/Institutional Dedication Requirements. (1) Land dedication, if required, shall be ten (10) percent of a commercial or public/institutional (except schools and public recreational facilities) subdivision or development and five (5) percent of an industrial subdivision or development. (2) A cash contribution in lieu of land dedication may be required pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development. The City Council shall establish from time to time by Resolution the amount of required cash contribution. geyernmon4 eymed nrppertics\�tho City r �iFes payment of feet. in lice 7 of Iand :Y c�P "F' � �""� G-vri crrr-vr-rGc.TrrrrGtrvrrcir�a that the fee shall equal teR (10) peFGeRt ef the 7 dediGatoen7 (3) FeF iRdustFial deyeleprneRtS, if the FeqLiiFes aymeRt of fees ani-licu of land 7 {43 (3) Where a combination land and cash dedication is made, the lands dedicated will be deducted from the total park dedication land requirement and the balance of acreage will be multiplied by the current per acre dedication rate. {5) (4) In cases where existing lots of record (platted or unplatted) are being developed, such properties shall be subject to park dedication requirements if: a. The development involves the subdivision, replatting or combination of property under the terms of this Chapter, AND b. Park dedication requirements have not been previously satisfied and the property or lots must have been originally subdivided after September 8, 1988. It shall be the property owners responsibility to show proof of past park dedication payment. 0) The City may elect to receive a combination of cash, land and development of the land for park use. In this case, the City may reduce the amount of land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the cost of the facilities provided. The-faiF FiqaFket- value -of-the lend the city %GRtS and the „a!Ue Gf (k) "Fair market value" shall be determined as of the time of the final plat approval in accordance with the following: 7 (1) The City and the applicant may agree as to the fair market value based upon a current appraisal. (2) The market value of the property as determined by a recent selling price of the parcei(s) in question. (3) If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the City prepare an in-depth study of the effect of the subdivision on the park and trail system and an estimate of the effect in money and/or land. All costs of such study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, no application for development submitted shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. (1) Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. (m) The City Council shall establish a separate fund into which all cash contributions received from owners and developers in lieu of conveyance or dedication of land for park, playground, trail and open space purposes shall be deposited. The City Council shall establish separate budgeting and accounting procedures for such fund and shall make from time to time appropriations for such purposes, for developing existing parks, or the development of new park facilities. (n) If an applicant is unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, then the land and cash contribution requirement will be a reasonable amount as determined by the City Council. (o) Wetlands, ponding areas and drainageways accepted by the City may not be considered in the park land and/or cash contribution to the City. (p) Property being divided with the same number of lots shall be exempt from all park land dedication requirements. If the number of lots is increased or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication requirements. A (q) Cash Payment. A cash contribution required by the City shall be made at the time of final plat approval by the City Council or as specified by the applicable development contract. (r) Trail Dedication Requirements. (1) Unless otherwise required by the City Council, the developer shall be required to dedicate trails and/or construct sidewalks consistent with the Comprehensive Park and Trail System Plan which shall be used as the guide for the installation of trails/sidewalks in the City. The Plan shows the desired locations and type, and sizes of trails and sidewalks, which shall be followed as a general rule. Final determination as to trail/sidewalk locations, types, and sizes shall be determined at the time of preliminary plat approval. (2) The developer shall be required to construct all trails/sidewalks within subdivisions. The cost for installation of trails shall be counted as credit toward park dedication requirements, calculated at one hundred five (105) percent of the construction bid price. Sidewalks constructed within road right-of-way (utilizing the narrower pavement width standards of this Ordinance), shall not be credited as park dedication. All trails/sidewalks shall be constructed to the City's specifications (City's Standard Detail Plates dated SepterbeF '� '', as may be amended by the City Council) and shall be completed prior to or at such time as the wear course of asphalt is installed on the streets. (3) Where trails and/or sidewalks are to be located outside of public street right-of-way, the developer shall be required to dedicate a minimum thirty (30) foot corridor for the establishment of said trails. The location of trails within corridors or easements shall be determined at the time of preliminary plat approval. (4) In special cases where trails are predominantly located within public rights - of -way but extend outside such areas to improve functioning or to avoid obstacles, trail easements may be accepted. In these cases, lot depths must be increased to accommodate the width of the easement. (5) Commercial, industrial and public/institutional subdivisions shall be required to establish easements for trails/sidewalks required and such action will not necessitate a change in the required lot size or setback requirements. (6) In cases where existing lots developed as commercial, industrial and public recreational facilities), dedication requirements if: of record (platted or unplatted) are being or public/institutional uses (including schools such properties shall be subject to trail a. The development involves the subdivision, replatting or combination of property under the terms of this Chapter, AND b� b. Trail dedication requirements have not been previously satisfied and the property or lots must have been originally subdivided after September 8, 1988. It shall be the property owners responsibility to show proof of past trail dedication or payment. (s) The following requirements apply to all dedications or conveyances for park, playground, trail or public open space purposes: (1) Land conveyed or dedicated pursuant to the provisions of this Section must be located outside of drainageways, flood plains and ponding areas after the site has been developed. (2) As part of their development contract or site plan approval responsibilities, applicants and developers shall be responsible for making certain improvements to the developments for park, playground, trail/sidewalk and public open space purposes including, but not limited to, finished grading and ground cover for all park, playground, trail and public open spaces within their developments. (3) Dedication credit shall not be granted for the construction of recreational facilities unless a specific agreement granting credit is approved by the City Council. This paragraph does not affect the requirements of sub -paragraph (2) above. (4) The development agreement for subdivisions within which parks, trails, or open spaces are to be located shall include language requiring the disclosure of such elements to the public/prospective lot owners. (t) Areas to be dedicated for public park, trail, or open space shall be brought to a suitable condition by the subdivided prior to acceptance by the City. This shall include the following: All dead trees, trash, junk, unwanted structures or similar undesirable elements shall be removed by the owner at his expense; On grades or exposed areas which are not sodded, lawn grass seed shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of land area; Seeding and germination testing shall take place on a schedule set forth by the City at the time of the conveyance; Seeding shall consist of a maximum of ten (10) percent rye grass by weight and a minimum of ninety (90) percent of permanent bluegrass and/or fescue grass by weight. The applicant shall submit an agreement in writing signed by the developer that re - spreading of soil and seeding of lawn will be done during the immediately following planting season as set forth in this Section and provide a performance bond to guarantee said seeding. Said condition shall also be in accordance with the City's resolution on condition of acceptance of public parks and trails in Albertville. (u) Title and Survey Requirements. (1) Lands dedicated for public park, trail or open space shall be accompanied by a certificate of survey or shall be designated as a park, trail or public open 10 space area on the plat as determined by the City. Lands dedicated for public parks shall be dedicated as a legal lot of record and not as an outlot. Ponding areas not located within public park or open space areas to be dedicated to the City under the terms of this Ordinance shall be dedicated to the City as an outlot rather than easement, unless otherwise approved by the City Council. (2) Further, such lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by an up-to-date abstract of title or registered property abstract to be submitted at the applicant's cost to the City for its examination. (3) Such dedication shall be in the form and manner as prescribed by the City. (v) Where fees are not specifically stated in this Ordinance, said fees shall be established by resolution of the City Council, which may be revised from time to time. (w) In the event the City waives the requirement that an applicant or developer proposing to subdivide land plat the same, the City Council may require the applicant or developer, as a condition of granting such waiver, to dedicate parks (or pay cash in lieu thereof), trails, and open space in a manner consistent with the provisions of this Ordinance. (x) Park, Trail, and Recreational Area Maintenance/User Fee. 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ITEM DESCRIPTION UNIT OF MEASUREMENT APPROXIMATE QUANTITY UNIT PRICE TOTAL GENERAL 1 MOBILIZATION LUMP SUM 1.00 $10,000.00 $10,000.00 2 COMMON EXCAVATION CU YD 5,500.00 $1.00 $5,500.00 3 SELECT BORROW CU YD 8,850.00 $3.00 $26,550.00 4 SILT FENCE LIN FT 200.00 $2.00 $400.00 STORM 5 15" HOPE STORM SEWER LIN FT 424.00 $18.00 $7,632.00 6 18" HOPE STORM SEWER LIN FT 157.00 $20.00 $3,140.00 7 15" HOPE APRON EACH 1.00 $300.00 $300.00 8 18" HOPE APRON EACH 1.00 $350.00 $350.00 9 HOPE DRAINAGE STRUCTURE EACH 5.00 $500.00 $2,500.00 10 RIP RAP, CLASS II CU YD 10.00 $50.00 $500.00 BALLFIELDS 11 REC ROCK TON 3,620.00 $30.00 $108,600.00 12 BACKSTOP FENCE LIN FT 254.00 $75.00 $19,050.00 13 6' CHAINLINK FENCE LIN FT 2,247.00 $12.00 $26,964.00 14 IRRIGATION SYSTEM LUMP SUM 1.00 $20,000.00 $20,000.00 15 SEED MIXTURE 500 POUND 370.00 $4.00 $1,480.00 RESTORATION 16 SEEDING ACRE 8.30 $200.00 $1,660.00 17 SEED MIXTURE 800 POUND 350.00 $2.00 $700.00 18 MULCH MATERIAL TYPE 1 TON 14.40 $150.00 $2,160.00 19 DISC ANCHORING ACRE 7.20 $70.00 $504.00 20 COMMERCIAL FERTILIZER POUND 2,880.00 $0.30 $864.00 CONSTRUCTION $238,854.00 -6 �,Ya "cn b Sg Sf xe S$ zo'd' H z_ zi 53 LL uj o LLJ LL¢ z y!t j a o vile .p 9ga� z° a U F Ago- g-„ i33 A TW2� )[gb3�Y�da ffiS�J s 0 V J W z z zg _n LL _ W 0 rr C) o CO o rr W W 0 Z J W W LL J W CD > LL 0 0 rr U)n J _ co J W MCO Q If w a_ W CO ry- 0 0 CO 0 0 N Z O Q U O J F- U w Z O a N\ 8S • yy oa S Z tg a C7 z_ c� 3nN3Ad 830NVI 0 Y a7W W ¢ Z KZ ^^ VOW x AN LLJ o-------------- ti Y'�r �R_ I -------------------------- i i 3 t w,z.: — 05.3.. HIS g.g 8 - , a i arr �g 9 1 s 1 I ND b fi J # W r ateTT "...•. .._".._._.r. '• fen / \----------- _ 4k, / -- T lm� 3 N3AV NdWHOdl byg b g:BY (� 9a Q cr- 3$9-Y QW•g-3: Hill ggg3=g� W O4XU3� LL z a cn a n 9�� 0 a g J J Q I— w Q J w w J J Q m W U) Q m y a 0 0 w 9 a YAW z Z d Z } f U p LU INacr N m cr m 8 h i s,isa i-- - syd'jmW • V. .e3 d:g_3Y �YXb3o "SWALK2" DRAFT 2-24-94 REV 3-7-94 REV 11/10/94 REV 2-1-95 CITY OF PRIOR LAKE SIDEWALK POLICY COMPREHENSIVE PLAN 2010 SIDEWALK SYSTEM: Sidewalks are an integral component of development in Prior Lake. Several segments of the community wide sidewalk system have been constructed or are planned, in the Town Center and Priordale Business Districts, along Fish Point Road, Franklin Trail, C.R. 21, Carriage Hills Parkway, Duluth and Toronto Avenue, to name a few. Sidewalks provide a circulation network for pedestrians, and they separate pedestrian traffic from vehicular traffic on streets with significant vehicular volume. The development of a sidewalk system promotes objectives of the Comprehensive Plan: To provide opportunities for face-to-face contacts between residents in order to foster a sense of community, security, and well being. The Park and Recreation trail system serves a separate function from the sidewalk system in that trails are intended to provide links between residential areas and recreation facilities and to provide a means to enjoy the natural amenities of City parks. The purpose of sidewalks are to provide internal links, separate from street systems, to connect individual residential and commercial projects to community facilities. Sidewalks provide linkages between residential developments, recreation areas, business and industrial centers, schools, and churches. A well integrated, comprehensive sidewalk system will provide good access and help sustain market strength for community facilities. IMPLEMENTATION: The development of a comprehensive community -wide sidewalk system should coincide with future roadway installation/upgrade, and development of individual projects. Connections to existing sidewalks will be required. The provision for connections to community facilities should be a consideration of City approval of all development projects. Implementation of the comprehensive sidewalk system will occur over an extended period of time. The City should develop a sidewalk system map which corresponds to road classifications and indicates the priority existing neighborhoods and centers have for sidewalk construction. Specific areas where development is anticipated should be considered as part of the Capital Improvements Program during the annual budget process. The funding should also correspond to the development schedule proposed by the Scott County Highway Department and MNDot for the upgrade of existing streets within the City limits. The Engineering, and Park Departments should be responsible for fiscal planning and implementation of the sidewalk policy. SUBDIVISION ORDINANCE 87-10: SECTION 6-7-3 - SIDEWALKS: (A) PURPOSE: The intent of this chapter is to provide guidance for sidewalk construction and to accommodate a range of options rather than impose inflexible requirements. For example, the location of sidewalks within a project should be determined based upon the location of community facilities adjacent to the development project for which the sidewalk is intended to connect. The intended or expected use of the sidewalk should suggest the width, location, relationship to the roadway and use of alternative materials such as brick pavers, colored concrete, exposed aggregate or other concrete material. A OBJECTIVES: 1. Sidewalks are desirable improvements for all multiple residential, commercial/industrial projects, adjacent to schools, churches, shopping facilities and as internal walkway systems within residential developments. 2. Sidewalks are encouraged to separate pedestrians from vehicular traffic, thereby affording more safety for pedestrians; to encourage a pedestrian mode of transportation, which conserves energy by decreasing automobile usage; and to provide a safer area for handicapped persons to travel and for children to walk and play upon. The emphasis of sidewalk construction should be on improving the pedestrian experience by provision of landscaping, such as boulevard trees, and to provide safe crossings, through the use of landscaped medians, brick pavers at street crossings or use of colored and stamped concrete to physically and aesthetically identify the pedestrian cross walk separate from the street system. (C) REQUIRED SIDEWALKS: 1. Sidewalks shall be required for all projects where a means of pedestrian access is deemed necessary, by the City Council, from the development to schools, parks, churches, business or industrial developments, adjacent neighborhoods, transportation facilities, or for unusually long blocks, in order to meet the purpose and objectives of this Ordinance. Table 1 contains the guidelines related to the location, installation and maintenance of sidewalks within the City of Prior Lake. 2. An option to traditional sidewalks is the provision of paved or concrete paths that may not strictly follow the street. They may be slightly winding paths located within the street right-of-way or walkways that, well removed from the street, weave their way through a neighborhood. For aesthetic reasons, bituminous material may not used for paths to be located within the front yards of residential properties. 3. Paths in common areas or other locations away from streets, generally should be integrated into the detailed area plan or layout, permitting visual surveillance of the sidewalk from the street or nearby houses. The opportunity for surveillance is an important factor for user safety and security. (D) STANDARDS: Sidewalks will normally be made of concrete, five feet wide, although there may be occasions in high intensity areas where safety is a concern, when an eight foot concrete sidewalk will be required. Examples include: Commercial/industrial areas, multi -family areas and school zones. 2. Sidewalks should be located within a public right-of-way, public easement, or common area, at least one (1') foot inside of the right-of-way line. A border area or grass strip located between the street edge of the sidewalk and curb face is desirable in most project areas. See Engineering Design Guidelines Manual, Template for a detail related to the border/grass strip design. The grass strip provides a visual break between the paved surface of the street and sidewalk; a suitable location for planting of boulevard trees, landscaping, snow storage, and provides pedestrian safety by further moving the sidewalk from the road surface. 3. Along certain streets, a continuous sidewalk, without a grass strip may be appropriate where pedestrian traffic is considerable and where the City Council determines that turf maintenance will likely be a problem. 4. Sidewalk street crossings should be located at a point along the road that offers adequate sight distance as determined by the City Engineer. Barrier curbs (vertical curb) 6 inches high with steep sides are desirable along streets adjacent to sidewalks to prevent vehicles from leaving the roadway. Barrier curbs control drainage, protect pavement edges and protect sidewalks, lawns, pedestrians, street trees, utilities and signs from encroachment by vehicles. Barrier curbs establish a positive limit of vehicle encroachment on the border area, minimizing parkway erosion and reducing the probability of vehicles sliding off the roadway under unfavorable pavement and weather conditions. Barrier curbs also protect grass and landscaping from damage by snowplows. 6. Curb cuts shall be provided for bicycles, wheelchairs, baby carriages, and other wheeled vehicles. MnDOT Standard Plate 7036D should be used as the standard for design and installation of curb ramps compliant with the Americans with Disabilities Act (ADA) requirements. In addition, the following principles should be observed in considering ramp construction. a) A curb cut ramp should be located close to the intersection to keep the width of the crosswalk to a minimum. Minor obstacles such as mail boxes or newspaper dispensers, etc., should not be used as an excuse to omit the curb cut. b) Ramps should be constructed by depressing the curb and sidewalks to the height required for achieving the ramp slopes and landing areas needed for safe pedestrian and wheelchair movement and consistent with ADA requirements. c) The surface of the ramp should be rougher than the texture used on the surrounding sidewalk. Obtained by coarse brooming or scoring transverse to the slope of the ramp, the sight -impaired pedestrians of the ramp. 7. When sidewalks cross streets, a treatment to identify the crosswalk as approved by the City Engineer, shall be installed by the Developer. Typical crosswalk treatment consists of striping per applicable State Standards. In developments where sidewalks are near schools, parks, churches, businesses, and unusually long blocks, a crosswalk treatment of landscaped medians separated by colored stamped concrete, signs, or other treatment may be required by the City Council. In development projects that contain hills or steep topography the sidewalk pattern should conform as closely as possible to the standards found herein and to connecting walkways. 9. The City Council may allow sidewalks to be narrower than otherwise required to fit the terrain. CITY OF PRIOR LAKE TABLE 1 STREET TYPE # SIDEWALKS INSTALLATION MAINTAINED BY 1 1 or 2 BOTH PAID BY SIDE SIDES SIDES DEV./CITY/* OWNER/CITY Local X Developer Owner Minor Collector X Developer Owner/City Major Collector X City/* City Minor Arterial X City/* City Major Arterial X City/* City Principle Arterial X City/* City * Other jurisdiction such as MNDOT/Scott County etc... **If improvement is not listed in the City CIP, the developer will be responsible for cost and installation of sidewalk system. 9 O O en y N i 7 n M _ 9{n nqG Cam► a Y ry N v v O' q. h� n d 4L g g pp 9 g_ w r O41 cg72 g y� I y c 51 v C w a x �y R B c c 2.2 o 8 _ d ry oR 00 49 Y _ ry v }�v ry m S o• C G o g o ag _ ry v 2 gg ` �o a C `m m s F. 01 ° g S o^ w c° w ° 102 dam ea o'=o g g C R S W $ E 3 W $ CL 0 0 e G E C7 ,o li f0 40 w a a L <' m m m in6 u L1 W LLLL z _ 79 °� Di v E o mac° S_ E V A C N cmo� D It 9 .i N F•i v n c-1 N r N e y Is = C (� d H < 9 In - �. O p � 0 s b !• Y� s i {Y{�� °° O' H a S' H� H `r O b O 'y . A 0 y (� fl 5 V p A p ° y ti p �Yf yy C C 0 0 !y d H 4 m Y C } 3 C: T O L• _ Y O W Q q 11 A O V 0� O 21 VVV. lel 9 A S Ua d 4 04 _ r lri = 111 O o N m rl y '25 A O m c (N(Vy N �')'7 O O y •0 O lR� �j(J1� od � • O pO I Dp p • QO N G \� L° Agz 10 d_ a i 9 A - y1 N ° Qi .� C C N A 2L N a Y� O O ci � Y = � A o � N J 19 O N Cj P• `O S i 7° N N i A N Q O a .• C iY rw. 10 O � o 0 Ooo 0 Oo m p ov 0 0 0 o a eOvO 10 � g v 1p y A Z a d a 4 -Zxi I MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: August 2, 2000 RE: Survey regarding Garage and House size FILE NO: 163.05 general Councilmember Vetsch requested a survey of regulations from other communities regarding garage size and minimum square footage for a house. In the table below is a summary of the findings. Garage Size - Home Size Survey COMMUNITY MAXIMUM MINIMUM SQUARE FEET SQUARE FOR ATTACHED FOOTAGE FOR GARAGE SINGLE FAMILY HOME Albertville 1000 sq. ft. 1040 sq. ft (three bedroom Rogers 950 sq. ft. 960 sq. ft. St. Michael 1200 sq. ft. 800 sq. ft. Otsego 1000 sq. ft. (may 1040 sq. ft. (three increase subj. to bedroom) CUP Corcoran 1000 sq. ft. (may 1,100 sq. ft. attach allowable (rambler) detached sq. ft. Delano 1000 sq. ft. none Buffalo 900 sq. ft. 1040 sq. ft. ( three bedroom Monticello 400 sq. ft. 1000 sq. ft. minimum Albertville regulations are consistent with the regulations of other communities. Staff will be available to answer questions the Council may have on this information. ` 2000 City Park Improvements Albertville, MN SEH NO. A-ALBEV 0103.00 OPINION OF PROBABLE COST �CC�) 8/15/00 ITEM NO. ITEM DESCRIPTION UNIT OF MEASUREMENT APPROXIMATE QUANTITY UNIT PRICE TOTAL GENERAL 1 MOBILIZATION LUMP SUM 1.00 $10,000.00 $10,000.00 2 COMMON EXCAVATION CU YD 5,500.00 $1.00 $5,500.00 3 SELECT BORROW CU YD 8,850.00 $3.00 $26,550.00 4 SILT FENCE LIN FT 200.00 $2.00 $400.00 STORM 5 15" HDPE STORM SEWER LIN FT 424.00 $18.00 $7,632.00 6 18" HDPE STORM SEWER LIN FT 157.00 $20.00 $3,140.00 7 15" HDPE APRON EACH 1.00 $300.00 $300.00 8 18" HDPE APRON EACH 1.00 $350.00 $350.00 9 HDPE DRAINAGE STRUCTURE EACH 5.00 $500.00 $2,500.00 10 RIP RAP, CLASS II CU YD 10.00 $50.00 $500.00 BALLFIELDS 11 CRUSHED LIMESTONE TON 1,810.00 $25.00 $45,250.00 12 BACKSTOP FENCE LIN FT 254.00 $75.00 $19,050.00 13 6' CHAINLINK FENCE LIN FT 2,247.00 $12.00 $26,964.00 14 IRRIGATION SYSTEM LUMP SUM 1.00 $20,000.00 $20,000.00 15 SEED MIXTURE 500 POUND 370.00 $4.00 $1,480.00 RESTORATION 16 SEEDING ACRE 7.20 $200.00 $1,440.00 17 SEED MIXTURE 800 POUND 350.00 $2.00 $700.00 18 MULCH MATERIAL TYPE 1 TON 14.40 $150.00 $2,160.00 19 DISC ANCHORING ACRE 7.20 $70.00 $504.00 20 COMMERCIAL FERTILIZER POUND 2,880.00 $0.30 $864.00 CONSTRUCTION $175,284.00 T ASOCIATED CONSULTANTS P,NckGN000mRmTuNH,TwYEF.sLANN,Nsc, - DESIGN - MARKET RESEARCH MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: August 16, 2000 RE: Albertville — Towne Lakes PUD FILE NO: 163.06 — 00.06 Background Attached is the July 7, 2000 Planning Report related to the Towne Lakes Planned Unit Development application. Additional conditions added by the Planning Commission and staff have been included in the Council Findings of Fact. The Commission did specifically ask the developer to provide additional information regarding house design criteria and house plans. This information has been prepared for City Council review and is attached. It includes architectural review and design guidelines, sample house plans, draft PUD language, and sample forms for processing home site approval through the Architectural Review Committee (ARC). In discussions with the City Attorney it was determined that rezoning at this time would be premature. The rezoning should occur at the time of final plat. The findings of fact were modified to address this. The Planning Commission voted to recommend approval of the application following discussion of the proposed plat, traditional neighborhood design characteristics, shoreland regulations, variances and planned unit development standards. Recommendation Staff recommends contingent approval of the application as outlined in the Findings of Fact as attached. CITY OF ALBERTVILLE 8/21 /00 City Council Findings of Fact and Recommendation Applicant's Name: Contractor Property Developers Company (CPDC) Homer H. Thompkins III, President Request: CPDC has submitted plans for development of 150 single-family lots in a neighborhood to be called Towne Lakes PUD. The property includes 85 acres located between School and Mud Lakes in the northeast quadrant of Albertville. The application requests a rezoning from R-1A, Low Density Single Family Residential to PUD, Planned Unit Development, a CUP/PUD and variance under the Shoreland Regulations and a preliminary plat. City Council Meeting Date: July 12, 2000 Findings of Fact: Based upon review of the application and evidence received, the City Council makes the following findings of fact and recommendation: 1. The legal description is attached as Exhibit A 2. The planning report, dated July 7, 2000, prepared by Northwest Associated Consultants, Inc. is incorporated herein. 3. The requirements of Sections 400, 500, 4800, and 4900 of the Albertville Zoning Ordinance have been reviewed in relation to the proposed plan. 4. The proposed development will not impair an adequate supply of light and air to adjacent property. 5. The proposed development will not unreasonably increase the congestion in the public street. 6. The proposed development will not increase the danger of fire or endanger the public safety. 7. The proposed development will not unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. 8. The proposed development does not violate the intent and purpose of the Comprehensive Plan. Towne Lakes Findings of Fact Page 1 9. The development of 150 lots on 85 acres is a density of 1.76 units per acre. 10. The proposed development meets the criteria for variance in that the land is encumbered by wetlands and utility easements that limit the location of buildable property and the plan preserves significant trees and provides a shoreland buffer. 11. The developer is proposing a plan that creates a single-family residential neighborhood with 20 acres designated for park and open space amenities. 12. The property is unique within the community in that it is located between two natural environment lakes. 13. The plan incorporates tree preservation, wetland mitigation and enhancement, a shoreland buffer, landscaping in excess of the ordinance, open space in excess of the ordinance, and public and private design features that make the neighborhood and PUD proposal unique. 14. The Planning Commission held a public hearing on the applications on July 12, 2000 and no member of the public submitted written or oral objections to the plan. Recommendation: Based upon the findings and applicable ordinances, The City Council hereby approves the PUD/CUP, preliminary plat, and variance under the Shoreland Regulations subject to the following conditions: 1. All actions on this item are contingent upon successful completion of the EAW process. Any required modifications to the plan will require resubmittal to the City. No final approvals should be granted until the EAW is complete. 2. No rezoning of the property shall occur until the final plat is approved by the City Council. 3. The plans are subject to review and approval of the City Engineer. 4. A PUD agreement shall be drafted by the City Attorney and shall incorporate all items related to the design flexibility and the responsibilities of the developer and the City regarding improvements. 5. Homeowners Association documents shall be submitted and are subject to the review and approval of the City Attorney. 6. The Plans are subject to review and comment of Wright County. 7. The plans are contingent upon issuance of a permit by the U.S. Army Corp of Engineers and a permit under the Wetland Conservation Act. Towne Lakes Findings of Fact Page 2 8. Written approval shall be obtained from the DNR 9. House Designs acceptable to the City shall be submitted to demonstrate the ability to build on the smaller lots. 10. Park dedication shall be 20% of the 85-acre site. 11. Sidewalks shall be installed by the developer on both sides of the loop street as part of roadway construction. 12. Trails identified within the plat shall be installed by the developer with a material to be approved by the City. 13. Tree trimming within the development shall be the responsibility of the Homeowners Association. 14. A second access into the site shall be addressed as phasing of the project proceeds. Adopted by the Albertville City Council this day of 2000. CITY OF ALBERTVILLE IS ATTEST: Linda Goeb, City Clerk John A. Olson, Mayor Towne Lakes Findings of Fact Page 3 EXHIBIT A EXISTING LEGAL DESCRU TIONi Government Lot 4; also Govt. Lot 3 except the North 32 rods thereof; also the West 1 rod of the East 10 acres of Government Lot 8 in Section 36-121-24 and that part of Government Lot 8 and any accretions and relictions to Government Lot 8, Section 36, Township 121, Range 24, Wright County, Minnesota described as follows: Commencing at the northeast corner of the Townsite of Hamburg; thence on an assumed bearing of West along the north line of the Townsite of Hamburg distance of 33.00 feet; thence on a bearing of North, a distance of 11.70 feet to the actual point of beginning, said point of beginning being on the northerly right of way line of Interstate Highway 94; thence continue on a bearing of North o distance of 48.30 feet; thence North 45 degrees 00 minutes 00 seconds West a distance of 198.00 feet; thence on abearing of North a distance of 228 feet„ more or less, to the shore line of School Lake; thence northeasterly along said shoreline a distance of 80 feet, more or less, to a point on the easterly extension of the north line of Government Lot 7; thence South 89 degrees 57 minutes 26 seconds East along said easterly extension of the north line of Government Lot 7 a distance of 30 feet, more or less, to a paint distant 2057.49 feet easterly from the northwest corner of Government Lot 7; thence continue South 89 degrees 57 minutes 26 seconds East a distance of 1; feet, more or less, to the shore line of Mud Lake; thence southerly, southeasterly, and easterly along said shoreline a< distance of 340 feet, more or less, to a point which bears North 00 degrees 16 minutes 33 seconds West from said northeast corner of the Townsite of Hamburg; thence South 00; degrees 16 minutes 33 seconds East a distance of 180 feet, more less, to said northerly right of way- line of Interstate 94; thence North 81 degrees 03 minutes 23 seconds west along said northerly right of way line of Interstate Highway 94 a distance of 33.37 feet to the point of beginning. NORTHWEST PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Cindy Sherman DATE: July 7, 2000 RE: Albertville — Towne Lakes PUD FILE NO: 163.06 — 00.06 BACKGROUND CONS LTANTS RESEARCH Contractor Property Developer Company (CPDC) has submitted an application for rezoning from R-1A to PUD, CUP/PUD preliminary plat, and variance under the Shoreland Regulations. The plat proposes 150 single family home sites designed in a "traditional neighborhood" fashion on 85 acres for a density of 1.76 units per acre. The site is located on property between School Lake and Mud Lake in the northeast quadrant of Albertville. APPLICATIONS The proposal includes applications for rezoning from R-1A to PUD, CUP/PUD, preliminary plat, and variance under the Shoreland Regulations. This report will summarize the applications based on the zoning regulations and Comprehensive Plan guidelines. Attached for reference: Site Location Map Project Summary and Narrative Colored Map Packet Black and White Map Packet RECOMMENDATION The requested approval of the preliminary plat, rezoning, CUP/PUD and variance under the Shoreland Regulations requires that the Planning Commission and City Council consider the application in relation to established Zoning and Subdivision Ordinance review criteria and Comprehensive Plan policies. The decision to approve, deny, or approve the project subject to conditions is viewed as a policy decision to be made by the City Council. Should the Commission/Council find the submitted plans acceptable, it is recommended that the following conditions be imposed: All actions on this item are contingent upon successful completion of the EAW process. Any required modifications to the plan will require resubmittal to the City. No final approvals should be granted until the EAW is complete. 2. The plans are subject to the review and approval of the City Engineer. 3. A PUD agreement shall be drafted by the City Attorney and shall incorporate all items related to the design flexibility and the responsibilities of the developer and the City regarding improvements. 4. Homeowners Association documents shall be submitted and are subject to the review and approval of the City Attorney. 5. The Plans are subject to review and comment of Wright County and the DNR. 6. The plans are contingent upon issuance of a permit by the U.S. Army Corp of Engineers and a permit under the Wetland Conservation Act. ISSUES ANALYSIS Rezoning. The property is currently zoned R-1A and is proposed to be rezoned to PUD to allow flexibility in the development regulations specifically as they related to lot size, lot width, lot depth, and street design. From a planning perspective and as outlined in the Zoning Ordinance, the PUD process is intended to result in the following: ■ Innovations in development; higher standards of site and building design. ■ More convenience in location and design of development and service facilities. ■ Preservation and enhancement of desirable site characteristics. ■ Creative and efficient use of the land resulting in smaller networks of utilities and streets. ■ A development pattern in harmony with the objectives of the Comprehensive Plan and a more desirable and creative environment than might be possible through strict application of zoning and subdivision regulations. Towne Lakes PUD Page 2 The applicant has submitted a narrative that explains their view of the benefits to the City and the future residents by allowing PUD design flexibility. A summary of the benefits identified include: ■ Preservation of trees in public space. ■ Dedication of more public park land than required by ordinance. ■ Installation of sidewalk/trail and park improvements. ■ Additional planting of trees and native vegetation. ■ High quality design in a traditional neighborhood design (TND). Comprehensive Plan. In the land use sections of the Comprehensive Plan, it is noted that the area north of I-94 has residential development potential. The plan anticipates that development in this part of the City will be low density based on the environmentally sensitive nature of the area (Land Use Plan, Revised Development Framework, pages 21-22). The land use designation is further defined as part of Land Use Planning District Eight (Land Use Planning District Eight, Revised Development Framework, page 81). The plan calls for low density (less than five units per acre) residential development with a park land component. The proposed development appears to be consistent with the recommendation for Planning District Eight which states in part "to promote residential development between ... School and Mud Lakes." Shoreland Regulations. The area of land proposed for development is within the Shoreland Overlay District of School and Mud Lakes. Both of the lakes are identified as natural environment lakes. The Shoreland Ordinance is more restrictive than standard residential regulations and requires a more restrictive view under the ordinance. The application includes several variances under the Shoreland Regulations and the variances impact the ability to process the application as a PUD/CUP under the shoreland regulation. The variances must be granted in order for the project to be eligible for PUD. Variances from the Shoreland Regulations related to PUD (Section 4908.0, page 4900- 24): Section 4908.53, Density Increase Multipliers: The applicant is requesting use of multipliers but the plan proposed does not meet the dimensional standards (40,000 square feet with 125 foot width or 20,000 square feet with 125 foot width) as required and the setbacks are proposed to decrease to 45 feet, when the ordinance requires an increase of 50 percent or 25 percent when other impact reducing measures are applied. Towne Lakes PUD Page 3 Section 4908.53. Residential PUD Densitv Evaluation: This provision outlines the procedures for determining the base density for PUD. There is not an issue with the initial analysis but the ordinance restricts transfer of density to tiers further from the waterbody and in this case, they are proposing to transfer it towards the waterbody. Section 4908.62 (8) requires that 70 percent of the Shore Impact Zone (75 feet from OHW) be preserved in its natural or existing state The site is currently farmland and most of the Shore Impact Zone is cultivated. The developer is proposing an easement to enhance the areas adjacent to the lakes. The developer has requested the variances and the justification for variance is provided on page 7 of the attached narrative. Additionally, the Shore Impact Zone is discussed on page 9 of the narrative. The ordinance states that in reviewing variance requests, a finding of fact must be made that the action will not: a) Impair an adequate supply of light and air to adjacent property. b) Unreasonably increase the congestion in the public street. c) Increase the danger of fire or endanger the public safety. d) Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. e) Violate the intent and purpose of the Comprehensive Plan. f) Violate any of the terms or conditions of Item (2) below. Item 2 states that: (2) A variance from the terms of this Chapter shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved. 1. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. Towne Lakes PUD Page 4 3. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. (Also see Section 1000.3(c) of this Chapter.) b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter, or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district. e. The request is not a use variance. f. Variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The attached findings of fact for the development address the criteria outlined. If the variances are deemed appropriate then the plat can be processed as a Shoreland PUD. Shoreland PUD. Under the PUD regulations of the Shoreland Regulations, the developer is requesting flexibility in lot width, lot size, all setbacks, street widths, and in the maximum building coverage. Required Regulation Requested Flexibility Lot Size* 40,000 / 20,000 25,407 square feet maximum square feet 12,135 square feet average 8,575 square feet minimum Lot Width* 125 feet 75 foot to 85 foot average 65 foot minimum Street Setback 30 feet 15 foot house / 20 foot garage facing street Side Setback — Interior Lots 15 feet 5/10 feet-15 feet total between units Corner Lots 30 feet Same as street setback Rear Setback — Interior 25 feet 25 feet Riparian 150 feet 45 feet Street Widths/R.O.W. 36 feet / 60 feet 52/28 feet or 50/24 feet Maximum Building Coverage 25 percent 25-30 average — up to 45 percent * Minimum lot sizes and widths are flexible under the PUD provided density is not exceeded Towne Lakes PUD Page 5 The justification for the PUD flexibility is outlined on pages 8-10 of the developer narrative. The City needs to determine if the benefits proposed to the City adequately mitigate the design flexibility proposed. Preliminary Plat. The site is 85 acres in size with 150 lots proposed for a density of 1.76 units per acre. The plan consists of 150 building sites, 29.4 acres of public park and open space, which includes wetland areas. There is a 75 foot wide NSP easement that cuts diagonally across the property. The plat has been laid out to minimize the effects of the easement on individual lots. It appears that the easement will only encroach slightly on Lot 1, Block 12; Lot 4, Block 17; and Lot 5, Block 6. The balance of the easement falls within public or private open space. Streets. The roadways are all proposed to be public and are proposed with narrow rights -of -way and narrower pavement. Under the PUD, they have requested 28 foot streets and 52 foot rights -of -way and 24 foot streets in 54 foot rights -of -way. The City Engineer should review and comment on the proposed streets. Drainage/Stormwater Management. The applicant is proposing a series of treatment/retention ponds and piping to accommodate drainage on the site. The City Engineer should review and comment on the request. Utilities. The proposal is to extend water and sewer service to the parcel. The City Engineer should review and comment on the adequacy of the proposed plan. Wetlands. A wetland delineation has been completed on the property and several wetlands were identified totaling 10.55 acres of the 85 acre site. The submitted plan anticipates filling approximately .51 acre of wetland and excavation of approximately .88 of wetland. Permits are necessary from the Army Corp of Engineers and under the Wetland Conservation Act prior to any work commencing on the property. EAW. An Environmental Assessment Worksheet (EA) is required for the site based on the number of lots proposed. This document has yet to be finalized but will be prepared and reviewed pursuant to the process established by the Environmental Quality Board (EQB). Prior to EAW review periods and process, no final approvals may be granted for the site. The staff review and any conditions are subject to change based on the EAW process or issues raised. If the EAW process results in significant plan modifications, the plans will be reprocessed through the City. Any action by the Commission or Council should be subject to completion of the EAW process and any plan changes subject to City Council review. Park Dedication. The plat has been designed incorporating park/open space adjacent to the lakeshore in five locations with three other internal park areas. There are Towne Lakes PUD Page 6 approximately 20 acres of park and open space excluding wetlands. In addition to the land dedication, the developer has indicated that they will construct the majority of the park amenities at their cost and will dedicate the improvements to the City. The details of the improvements and installation would be spelled out in the PUD agreement to be drafted by the City Attorney. CONCLUSION The proposed development is a unique concept in the City of Albertville that proposes design elements that have not traditionally been part of recent subdivision design in the City. The decision to approve, deny, or conditionally approve the requested rezoning, CUPIPUD, preliminary plat and variance under the Shoreland Regulations is viewed as a policy decision to be made by the City Council. The Recommendation section of this report outlines recommended conditions of approval should the Council determine that the plan should move forward. Towne Lakes PUD Page 7 WESTWOOD PROFESSIONAL SERVICES, INC. June 28, 2000 TOWNE LAKES PROJECT SUMMARY AND NARRATIVE Albertville, Minnesota Ref. No. 99360 PROJECT SUMMARY PROJECT NAME Towne Lakes LOCATION North of Interstate Highway 94, South of 70" Street N.E. and between Mud and School Lakes. DEVELOPER/APPLICANT Contractor Property Developers Company The Quadrant Building 7100 Northland Cir. Suite 108 Minneapolis, MN 55428 Contact: Mr. Homer Tompkins or Craig Rapp Phone: (612) 971-0477 Fax: (612) 971-0576 SITE PLANNING SURVEYOR ENGINEER Westwood Professional Services, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 Contact: Fran Hagen or Cory Meyer Phone (612) 937-5150 Fax (612) 937-5822 Development Directions, Inc / Putman Planning & Design 724 Riverside Drive North Hudson, WI 54016 Contact: Marc Putman Phone (715) 381-8291 Fax (715) 386-8184 PROJ ECT NARRATIVE T O W N E LAKE S 1 WESTWOOD PROFESSIONAL SERVICES, INC. PROJECT NARRATIVE REQUESTED ACTION The action requested is for the review and approval of a planned unit development entitled Towne Lakes. The proposed preliminary plat shows a planned unit development of single-family units. EXISTING CONDITIONS The 85± acre Balfany parcel is approximately 75% agricultural tillage and 25% woodlands/trees and wetlands. The majority of significant trees are found in the northwestern corner of the site in a woodland stand. The remainder of trees are located along the eastern shoreline of School Lake and along the existing drive up to and surrounding the abandoned farmstead. Wetlands are found around the lakeshore edge and near the existing woodland area. A 75' wide NSP overhead powerline easement runs through the property. The property's location on School and Mud Lakes offers excellent opportunities for lakeshore living on a natural environment lake. SOILS/SLOPES According to the Soil Survey of Wright County, the site is located on the Hayden- Dundas-Peat Association, which consists of deep, medium and moderately fine textured soils on gently rolling uplands. The mineral soils in this association formed under a hardwood forest in loamy glacial till with a high lime content that supports species such as oaks, basswood, black walnut, and red and white pine. Soils in this association are mostly deep loams and silt loams with a subsoil of clay loam and silty clay. Hayden soils are located on the slopes and are well drained. Dundas soils are found on flats and are poorly drained. The finer textured Dundas subsoil restricts the movement of water. Peaty soils are found in the depressional areas underlain by silty material. A majority of the site is located on Hayden loam with 2 to 6 percent slopes that are moderately eroded (H1B2). Hayden loams are deep (up to 30 feet), nearly level to very steep, and well drained. The solum consists of loam from 1 to 10 inches and clay loam from 10 to 30 inches below the surface. They are underlain by limy or clay loam glacial till at a depth of 30 to 36 inches. Hayden soils have slightly acidic surface layers and a slight to strong acidic subsoil. Runoff is medium to rapid, depending on the steepness of the slope, internal drainage is medium, and permeability is moderate (0.3 to 2.0 inches per hour). Depth to water table levels are generally 10 feet and greater. VEGETATION Woodland areas were evaluated based on species composition, health and presence of invasive species. Based on the evaluation, the woodland in the northwest portion of the site is the most intact and healthy woodland on the property. This woodland consists of large diameter white and red oaks, maples and basswood. There is also a healthy amount P ROJ ECT NARRATIVE TOW N E LA K E S 2 WESTWOOD PROFESSIONAL SERVICES, INC. of regeneration in this woodland. There is a small presence of invasive species along the woodland edge, including buckthorn and prickly ash. Other woodlands on the site are in poor to fair condition, with an abundance of buckthorn and prickly ash. Most trees have lost vigor and are in various stages of decline, especially along the lakeshores. Tree species, outside of the high quality woodland, consist primarily of boxelder and elm. WFTT.ANDS Wetlands on the Balfany property were delineated by two separate companies over the course of three years. Svoboda Ecological Resources (Svoboda) conducted a wetland delineation on the 85-acre parcel located between Mud and School Lakes on May 8' and 9`h, 1997. Svoboda located and flagged six jurisdictional wetlands (Basins 1, 2, 2-a, and 3-5) within this parcel and completed a delineation report entitled Northwest Mud Lake Albertville, Minnesota: Wetland Classification, Identification, and Delineation Report, November 24, 1997. Westwood Professional Services reviewed this fieldwork and delineated one additional wetland on the parcel on November 8 h, 1999 using the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987). Westwood completed the wetland delineation and found the Balfany site contains seven wetlands within the property boundaries that encompass approximately 459,672 square feet (10.55 acres) of Type 1, 2, 3, and 5 wetland. The proposed grading plan involves approximately 22,378 square feet (0.51 acre) of wetland fill and approximately 38,329 square feet (0.88 acre) of wetland excavation to Type 2/3 Wet meadow/Shallow marsh wetland. The applicant is aware that Wetland Conservation Act (WCA) and U.S. Army Corps of Engineers permits are required prior to placing fill within these wetlands. Wetland replacement, in the form of New Wetland Credit and Public Value Credit, will be accomplished onsite. ADJACENT LAND USES Surrounding land uses include agricultural lands to the east, west and north and Interstate Highway 94 and "Main Street" Albertville to the south. City of Albertville sewage treatment facilities are located to the southeast of the property across Mud Lake. ACCESS Access to the property is provided via a frontage road off Interstate Highway 94, utilizing the original farmstead drive between the two lakes. No secondary access is provided. PROPOSED DEVELOPMENT Towne Lakes is a common sense approach to traditional neighborhood development, creating community through the use of traditional urban design principles and architecture. This approach seeks to achieve a walkable, neighborly feel to the development by placing houses, rather than garages, closer to the street, building sidewalks, creating tree -lined boulevards, and providing park spaces within close walking distances to everyone. The open space/park system promotes the lakeshore resource by PROJECT NARRATIVE TOW N E LA K E S 3 WESTWOOD PROFESSIONAL SERVICES, INC. providing public parks along the lakes that allow everyone equal opportunity to enjoy them. The open space/park system also provides access to and preserves most of the existing stand of mature trees. CPDC will construct the majority of the park amenities shown on the plans at their own cost and dedicate them to the city, relieving the city from the burden of developing these parks as funds become available. __.., This proposal is fora planned unit development that includes 150 single-family units (31 r a;=i,Iuture development). The average lot size is 12,135 s.f., with a minimum lot size of �- 8,57� It . Following traditional neighborhood design principles, lot widths vary to dictate a variety of il,?using types and styles. Lot widths along the lakeshore are typically 85' wide at the builds,,.-(z_setbUl- with interior lot widths ranging from 65' to 90'. CIRCULATION Access to the project will come via the frontage road off Interstate H. ighway 94, following the original farmstead drive. The access drive through this "entry corridor" was designed to minimize impacts to the adjacent natural features and f._)e as unobtrusive as possible. Developing a rural section roadway and dividing it at the entry creates a number of positive benefits: 1) allows ponding and wetland mitigation requirements to be met, 2) allows for the establishment of native vegetation plantings for wildlife, ,?1 creates an inviting entry space, and 4) reduces the overall impact of the roadway. The roadway system within the project was carefully designed to reduce traffic speeds,. i1�,Preby creating a safer, user-friendly neighborhood. The strategic placement of neighborhood greens and the termination of roads at selected viewpoints allows the driver to experience this unique site almost as fully as a pedestrian. The public roads within the project will have either a 52' public right of way with a 28' B-B road width, or a 50' public right of way with a 24' B-B road width. The reduced road width creates a neighborhood feel with slower street speeds and less impervious surface that reduces urban runoff and the associated environmental concerns. Also, narrower streets provide more green area in the boulevard to be used for tree plantings, and require less snow storage since there is less paving to plow. Parking will be restricted to one side of the'`�' street, which will still accommodate emergency or large vehicle access. Finally, reduced development costs get passed on to the homeowner and long-term maintenance costs are reduced for the City. Sidewalks will be provided within the right of way, along both sides of all streets, in, keeping with the goal of a small town atmosphere and to encourage neighboring. A network of trails links the parks and greens together throughout the site. `5 GRADING & DRAINAGE Most areas of the site will be mass graded as shown on the grading plan. A minimum 20ft wide shoreland conservation easement will be maintained adjacent to all lakeshore. Lots will be graded for houses ranging from modified full -basements to full basement - walkouts. Best management practices will be incorporated including silt fence, rock PROJ ECT NARRATIVE TO W N E LA K E S 4 WESTWOOp PROFESSIONAL SERVICES, INC. construction entrances, water quality and quantity at catch basins and erosion control blanketon ste p rdslop s porary bale sediment filters As it exists today, the site generally slopes moderately from the center outwards the existing lakes. The proposed site grading will include the construction Of toward treatment/detention ponds. These ponds will be desi of three 1\1IIRP standards for pretreatment of the site runoff, b capturing and sized to the city required sewer system prior to discharging into the surrounding lakes. pondinnto the storm be sized to restrict the site discharge after development to the existin flog will also undeveloped site. Preliminary NURP treatment and detention pond sigzinrates of the all three ponds have been submitted to the city engineer as part of this preliminary . calculations for submittal. p hminary plat In order to balance the earthwork for this project on -site and to minimize t the existing stand of mature, significant trees in the northwest portion of t he impact to existing wetland and grades in the westerlyhe site, the feet. A ponding/wetland basin will be created ain the park to generate fill be lowered ll material 15 to balance the site earthwork. The new wetland will be created in roughly the material required and location, but moved slightly to the south in an effort to preserve more of same shape significant trees that exist on the northerly slope of the existing wetland, the The proposed grading plan involves approximately 22,378 square feet wetland fill and approximately 38,329 square feet (0.88 acre) of wetland excavation ati of Type 2/3 Wet meadow/Shallow marsh wetland. The applicant is aware that vation to Conservation Act (WCA) and U.S. Arm t Wetland to placing fill within these wetlands. Wetlandreplacement, inrs the Permits s �e required prior Credit and Public Value Credit, will be accomplished onsite (see gradingrm New Wetland locations. g plan for UTILITIES Trunk sanitary sewer and water main facilities exist approximately 500 feet southeast of the site along 62❑d Street NE.posed to the Sanitary Sewer and Water Main Extension, Pre urinary Engineering the 's "1997 Northeast will require the construction the extension of trunk sanitary Study", this project through the site to properly service the north side of Mud la.ksew�,hl�h is water main Albertville. thin Sanitary Sewer: This project will require the construction of 8,, & 10,,san. lateral and trunk mains, a sanitary sewer lift station and 6" force main toprovide ry sewer service for the land along the north side of Mud Lake and to connect to the existing future sanitary sewer in 62°d Street NE. The depth of the proposed 10 sting trunk preliminarily designed to service a full basement house on the north bore of sewer was routing around the north and west sides of the lake. The trunk sanitaryMud Lake, approximately 40 feet deep at the intersection of Street L-1 &the entrance road. sewer will e At this PROJ E CT NAR R A T I V E TOWN F " o 5 WESTWOOD PROFESSIONAL SERVICES, INC. Point, a sanitary sewer lift station will be constructed and a 6" force main connection constructed across the narrow entrance road area and then along 62" Street to the existing manhole. Water Main: This project will include the construction of 6"& 8" lateral water main along with 10"& 12" trunk water main as required by the city. The city's comprehensive Plan called for the construction of an underwater crossing of Mud Lake to provide a looped watermain system to the area on the north side of Mud Lake, which is within Albertville. This connection across Mud Lake will be required in the absence of a water main loop on the east side of the lake. This development proposes to construct the trunk 10" water main to a stub at the south side of Mud Lake. If at a future date, the Mud Lake crossing is deemed necessary for the development of the land on the northeast side of Mud Lake, the 10" water main could be constructed across Mud Lake as a City Project. J Storm Sewer: The proposed layout of the storm sewer system routing is shown on the preliminary grading and utility plans. The pipe sizing will be completed to city design standards as part of the final plan design process, with piping sizes anticipated to be in the range of 12"-36" in diameter. LANDSCAPING A Shoreland Conservation Easement that encompasses the existing wetland fringe along the lakes will actually improve the natural condition of the lakeshore, and thereby satisfythe intent of the shoreland ordinances. Native plantings within this easement will rov e wildlife habitat, a vegetative buffer for the lakeshore, reduce visual impacts of p development, and provide other environmental benefits. Controls will be in place to limit mowing, vegetation clearing, and other disturbances within this easement. Permanent monuments will be erected to delineate the easement location. Plantings within the shoreland conservation easement will be the responsibility of both the developer and the homeowner. Homeowner plantings will be selected from an approved list of species and will be subject to a landscape plan review and approval by a review committee. Landscaping within the development will include 1 boulevard tree per lot located between the sidewalk and the back of curb to create a sense of separation for the pedestrian from the street. Additional plantings are being provided within the shoreland conservation easement, parkland areas, neighborhood greens, and the entry corridor. Only native vegetation suitable to the lakeshore edge will be used within the easement and along the entry drive, pond and wetland. Additional plantings will be provided within outlot/park areas and within neighborhood greens. Boulevard trees, shoreland conservation easement plantings, and neighborhood green plantings will be maintained by individual homeowners and/or homeowner's association. ARCHITECTURE The intent of the Master Developer (CPDC) is to create a general plan and uniform scheme of development, providing a residential community of high quality and PROJECT NARRATIVE T O W N E LAKES 0 vvt,'� i VVUUU FKut-f=SSIONAL SERVICES, INC. harmonious improvements. An Architectural Review Committee will be formed to impose standards for design, appearance, construction, and development. The Architectural Review Committee will strongly encourage porches, recessed garages, vertical windows, gables and roof pitches that are appropriate to the architectural style of the home. Those considering fencing will have to design and build fences in accordance with approved fence plans. The Architectural Review Committee may utilize an approved set of house plans submitted by homebuilders in lieu of case -by -case approval of plans. The Architectural Review Committee will have the exclusive right to approve or disapprove the size, exterior design, color, materials, landscaping and location of all homes built within Town Lakes. These architectural controls will foster the development of a "neighborhood", rather than a standard subdivision. VARIANCE FROM SHORELAIND ORDINANCE As a part of our Preliminary plat and PUD applications, we request that the city grant a variance from the standards set forth in the Shoreland Ordinance. We believe that due to a variety of unique circumstances that exist on site, a strict application of the ordinance will create an undue hardship. Further, we believe that the significant mitigation efforts we propose will offset the impacts of development, and in fact, will be an improvement over typical development practices. Hardship Circumstances: The following circumstances create an undue hardship in our ability to effectively develop the property under strict application of city ordinances: I. The powerline that runs through the heart of our property limits the use and flexibility of a large portion of the site. Specifically with regard to the Shoreland Ordinance, it limits the development of Tier 2 lots. We believe this justifies allowing more flexibility in the creation and sizing of Tier 1 lots. 2. Protecting the significant stand of high quality mature trees on the site limits the development of Tier 2 and Tier 3 lots. We have worked diligently to redesign our plat to preserve this natural resource. We believe that this situation and our actions justify the granting of flexibility in the creation and sizing of Tier 1 lots. 3. The configuration of the property, particularly given the other limiting factors mentioned, creates a hardship if a strict interpretation of the ordinance is applied. Using a standard PUD approach, coupled with the allowable density transfers under the ordinance, the acreage we own would allow development of 207 lots. However, the shape of the land with its extensive shoreline and varying widths between the two lakes limits our ability to achieve that density under the ordinance. When coupled with the powerline and mature tree limitations, we are significantly inhibited in our ability to achieve the density transfer potential of the land between tiers 1,2, and 3. Our proposal, using PROJECT NARRATIVE FOW N E LA K E S 7 WESTWOOD PROFESSIONAL SERVICES, INC. traditional neighborhood design/smart growth principles, results in the development of 150 lots. 4. A strict application of the ordinance will inhibit our ability to achieve the goals for this property as stated in the City's comprehensive plan. Specifically, we will not be able to deliver a unique, high quality development. Rather, we would be limited to a fairly typical suburban approach that would not yield design quality or values different than those currently in the surrounding marketplace. Mitigation / Enhancement Measures: We offer the following as evidence that our design approach will mitigate the impacts of the development: ❑ We will dedicate a shoreland conservation easement averaging 29' wide along the entire Lakeshore. Additionally, we will provide native tree and shrub plantings within this area to create wildlife habitat and decrease the visual impact of development on the natural environment lakeshore. Under a typical development scenario, lots would be developed with large "seas of grass", resulting in the potential for significant lawn chemical runoff into the lakes. Under our approach, a natural lakeshore edge is maintained which doubles as a filtration system and thereby improves water quality. ❑ Our traditional neighborhood/smart growth design will yield the exact same total acreage of impervious surfacing (streets, houses, drives, patios) as a typical development plan that complies with ordinance requirements (18.2 acres). This is achieved by the use of narrower streets and adjusted setbacks as proposed in our design. ❑ We have proposed 20 acres of dedicated park and open space including developer installed trails and recreation amenities such as playfields and a gazebo. A typical development with a 10% parkland dedication would yield less than 9 acres of land with no amenities. In addition, we have provided numerous access points to the lake in the form of lakeside public parks. ❑ Our plan has fewer lakeshore lots than a typical plan. Although we have proposed somewhat smaller lots along the Lakeshore than a strict application of the ordinance would allow, we actually will develop fewer lots due to the dedication of parkland along the lakeshore. We will save the majority of the quality tree canopy that exists on the site and we will add to it. As stated previously, we have designed our plan to save the significant mature tree area onsite and will be dedicating it as park/open space with trails woven through it. In addition, our traditional neighborhood design approach envisions the creation of tree lined streets with significant plantings in the boulevard areas. P ROJ ECT NARRATIVE f O W N E L A K E S 0 WESTWOOD PROFESSIONAL SERVICES, INC. SUMMARY: The following is a summary of our proposal and the benefits we believe the City will achieve: Lot Sizes & Site Density: By allowing PUD flexibility in lot size minimums and site density you would: ❑ Over double the parkland dedication from the required 10% to a proposed 20% ±, which does not include wetlands or storm ponds. ❑ Enable more and higher quality open spaces. We will also provide amenities that would be the developer's responsibility vs. standard subdivision "parks of grass" developed by the city when funds allow. ❑ Promote neighborhoods through planning and architecture (based upon historical precedents and today's market) as opposed to the standard "garage forward" streets that lack character and neighborly atmosphere. ❑ Create high value housing by offering desirable product that is distinctive in the marketplace. ❑ Allow a careful arrangement of pedestrian -oriented open spaces where nearly everything is a 5-minute stroll away. ❑ Encourage "Smart Growth" principles. Shoreland Impact Zone: The intent of a shoreland impact zone is essentially to preserve environmentally sensitive lakeshore areas and promote good stewardship of our natural resources. The goal of Towne Lakes is the same. Although we are requesting deviation from shoreland standards, we will take steps that will not only mitigate, but in many circumstances improve environmental conditions by: ❑ Creating smaller road widths, thereby decreasing impervious surfacing and reducing runoff ❑ Reducing front setbacks to allow homes to be pulled further away from the lakeshore. ❑ Creating a designated shoreland conservation easement to reduce shoreland degradation and provide opportunities to revegetate the shoreland with native/indigenous plant materials. ❑ Developing protective covenants which would limit things like fertilizer use, vegetation clearing, mowing limits, etc. ❑ Protecting a significant amount of existing tree cover by the strategic location of parkland. ❑ Adding a significant number of trees to the development — increasing tree canopy. P ROJ ECT NARRATIVE TOW NE LAKES 9 WESTWOOD PROFESSIONAL SERVICES, INC. Setbacks: By allowing PUD flexibility to reduce lot setbacks and incorporate traditional concepts you would: ❑ Create neighborhoods through the use of architecture and common sense traditional design principles ❑ Allow garages to be pulled back from the face of the home to create an inviting front yard. Encourage garages loading from the side or corners rather than from the front. ❑ Create tree -lined boulevards. ❑ Provide an "urban streetscape" designed at a pedestrian scale by elevating the main floor of the home a minimum of 3 steps and pulling the home closer to the street. Front porches encourage "neighboring". ❑ Reduce fill required and development costs associated with earthwork. ❑ Condense utilities by common trenching 1;1TF DATA Site Area: 85.1 acres ± Current Development 62.9 ac. Future Development 22.2 ac. Existing Zoning: R1-A Proposed Zoning: PUD Total Units: 150 Current Development 119 Future Development 31 Total Park/Open Space 29.4 ac. ± Publiclv owned & privately maintained 19.7 ac ± Ponds 1.7 ac. Wetlands 4.4 ac. Current Dev. (less ponds/wetlands) 8.2 ac. Future Dev. (less ponds/wetlands) 5.5 ac. ± Privately owned & maintained 9.7 ac. ± Ponds 0.5 ac. Wetlands 2.9 ac Current Dev. (less ponds/wetlands) 5.7 ac. Future Dev. (less ponds/wetlands) 0.6 ac. ± PROJ ECT NARRATIVE TOW N E LAKE S 10 WESTWOOD PROFESSIONAL SERVICES, INC. ORDINANCE COMPARISION: Ordana�td d '� zti Allowable Density -I" Tier* 76 lots [(2,028,282 sf /40,000) 96 (includes 8 future lots) (320' per Shoreland Ordinances) x 1.5] density multiplier Allowable Density — 2nd Tier * 92 lots [(925,999 sf / 20,000) 39 (includes 8 future lots) x 2.0] density multiplier Allowable Density — 3`d Tier * 39 lots [(268,596 sf / 20,000) 15 (all future lots) x 3.0] density multiplier Total Allowable Units 207 units 150 units Average Overall Density 2.42 units/acre (gross allowed) 1.75 units/acre (gross proposed) Parks and Open Space: 10% dedication 23.5% (20 ac.+/-) dedicated parkland, less wetlands & ponds Lot Size —Riparian Lots ** 40,000 s.f. minimum under 12,135 s.f. average R-IA ordinances (Non-PUD) 8,575 s.f. minimum Lot Size — Non -riparian Lots ** 20,000 s.f. minimum Same as above Lot Width ** (within shoreland 125' minimum under R-IA 75-85' average overlay district) ordinances (Non-PUD) A few as low as 65' min. Front Setback 30' 15' House/ 20' Garage (when facing street) Side Setback — Interior lots 15' 5110' — 15' Total (5' garage side) Side Setback — Comer lots 30' 15' House / 20' Garage at street sides (Same as front yard setback) Rear Yard Setback 25' 25' interior lots 45' along Lakeshore Building Height 35' 35' Maximum Building Lot coverage 25% 25-30% average a few cases up to 45% *Allowable densities were calculated under the Shoreland Ordinance PUD utilizing density increase multipliers, assuming that structure setbacks would be increased as required to use the multipliers. **City Shoreland Ordinances for residential PUD's do not dictate dimensional standards for lots, only allowable base density within specific tiers. Minimum lot sizes and widths are flexible under the PUD provisions of the shoreland ordinance, provided that the allowable density is not exceeded within each tier. PROJ ECT NARRATIVE TOW N E LA K E S 11 -200o Weal.00d P-I....... I Ser —. Inc. ,,, , — „ � -, zoo' goo Towne Lakes td n.p.rd il»es�o�odd trofessional Services, inc Contractor Property rtT�ft PUD Developers Company Concept Development Directions, Inc 7M N.Ma-d aka., SW. M Putmsn PWu"g & Design Mi—pouk MlenuoH SNL AIMh1Yt. Mlru.sMa p ----------- r w 0-1 x I y�jz;`.'Nt70t.�Prcfessional Services, Inc. rx; � s FA G��" 1599 Anagram Drive Eden Prairie, MN 55344 Phone:612-937-5150 Fax: 612-937-5822 Toll Free: 1-888-937-5150 Email: wps@westwoodps.com LO I s�narn��l ron�v�'� �or� �w►�e 2 . Designing the Future Today ... since 1972 X AL --7r T r/ ;1 NO \J ; Flip NN I. z. 3 a S• 7- A a ToVN S -LAKES q Approaches to Home Design within a Traditional Neighborhood: a summary for builders and homebuyers revised8/16/00 Towne Lakes will appeal to families with children, couples seeking more civic neigh- borhood involvement, young professionals and empty nesters... all desiring a quiet, safer, more beautiful and welcoming setting. This is accomplished through land planning and home design that offers: • Neighborhood/streetscape; location, conveniences, amenities. The potential for: modern floor plans, With family centers, media facilities, home office, apartment potentials, within an architecturally themed settin of time proven, .alWays prized" f our -square colonial, Victorian, federal two story homes, craftsman/arts craf is bungalows, and in popular, affordable home floor plan types: two story, story and i/2 &ranches • Homes just close enough to enable a conversation With a neighbor or passerby on the sidewalk. This gives more depth of lot to use f or home, without rear yard loss ... theref ore, design deeper floor plans. • Unique zoning/land use freedom: goo square tomes oot cdrridge homes/potential in most homes. 1 wo family (in one family home clothing" at most corners) ... an option The key to affordable price is ample, open feeling rooms, lower room count with fewer boxy feeling rooms. The keys to attractive, higher value and more comfortable streetscapes are House -domi- nant home designs (vs. garage dominant"), With creative, new, z & 3 car garage positioning design, var- ied home styles:... Simple home massing, with true -to -style architectural massing, roof and detailing. Alternatives for Garages: Garages must be tamed by recessing at least 8 behind the front of home, in few cases, with turned "courtyard" entry garages, with side street accesses, and some cases rear garage court accesses. • z car gdrdges, maybe 3 or car with i or z tandem spdce(s), with flex uses. (ie. granny flat , office, hobby, shop • Flex use... a landscaped courtyard, terrace, a garage, an office, a bedroom, screen porch. Creatively addF(oorpldnsWith t recessed & tandem gdrdge positions • Select/design a f lat side Wall (to accept,tandem garage depth) • Decks or screen porches at rear comer of gara e/home ' Pre -assign garage positions/curbcut locations compact rear of yard for garage foundation further back.. Pavingg treatments at front of recessed garages could double as a terrace or 4sportcourt . Camouflage gdrdges with small setbacks from home fronts with; • Porch extensions, arbors & portecocheres • Arbors, wing walls (to enclose and hide and recycle bins) • Two story/dormer elements over garagesJdrbdge or architectural interest. Rdise homes, with added risers at front steps/porches, provides separation f ro� m sidewalk, to capture the traditional home look,... toms ongrade homes into Lookouts, Lookouts to Walkouts, reduces excavation & filling. Because more steps are needed to gdrdges for this Traditional look,... • Allow space within home or added risers to arage with closet, laundry or bath wall depth, in home, &/or extra garage width (a]so provides space }or garbage & recycle bins). • Use retaining Wall el ments in visually prominent spots. Two f dmily homes kthdt look liked large single home) at corners & greens. Contrdctor Property Developers Company Putmdn Planning & Design/DDI Design Guidelines Architectural, Review & Design Guidelines for: TowivE LAKES Albertville,s Nevv Small Town Neighborhood I. GENERAL LOT PLANNING GUIDES Careful siting of each home should seek to fit the topography, blend with significant existing vegeta- tion, views, open space and other features that define the character of this neighborhood. These guide- lines will further this goal by establishing criteria aimed at achieving quality levels of landscape archi- tecture and sensitive site plans. Our goal is beautiful streetscapes and open spaces, interesting and com- plementary lot amenity features, paving and planting design. Careful consideration must be made for future additions: decks, fences, and screened porches. Consultation with an experienced landscape design consultant is recommended at the early stages of home and site planning. Design for the unique aspects of your home - site and the neighborhood. Refer to spe- cific tree loca- tions and ele- vations and try to provide a balance between home position, "foot print" and preservation of significant trees. Summer DETAIL tage of sun, views and provide for both pri- vacy and front yard neighboring opportuni- ties, while also creating attractive off -lot impacts and considering sight lines of other homes. 2. Respect the existing topography and Vinter work with it. Adapt it with natural forms Peak and retaining that continues the lines of the home. 3. ARC may require maintenance of sight :)rizon lines of other homes to natural or built amenities. B. TREE PRESERVATION i. in concept planning mentiry the trees you will be saving and those that appear to require removal. 2. Preserve undergrowth in protected forest areas. Pathways are appropriate. 3. For Concept ARC Review Plan submittal, show the location, size species, and elevation of existing trees greater than 8 inches in diameter and oaks, hickory and sugar maple greater than 2 inches in diameter within the proposed area to be disturbed and within 20 feet thereof. 8/16/00 Page 1 DETAIL Position garages to reduce their visual impact on the street. Cause the active, visually interesting fea- tures of the house to be prominent on the streetscape. For every four fully recessed garages, one ontloaded garage is allowed (but not encour- aged) provid- ed that certain criteria are met: C. LOT -HOME POSITION GUIDE 1. Respond to ARC garage and home posi- tion from ARC -provided Lot Planning Guide. 2. On vertical curb streets, utilize existing curb cut or pay for new curbcut location and street restoration/repair. 3. Homes should be positioned with in respect to existing homes and in anticipa- tion of siting of future homes. (See: The A.R.C. Lot/Home Location Guide.) D. HOUSE -DOMINANT HOME DESIGNS 1. Design homes with "tamed garages", emphasizing a home's elevations, to build- ing massing and architectural detailing, including a recognizable style, or dominant or tasteful blend. E. TOWNE LAKES'S REDUCED SET- BACKS 1. 20' setback from property line (15' from back of most sidewalks) allows/motivates use of deeper floor plans (see City requirements). 1. With reduced lot widths and budget con- scious home design, house -dominant designs require creative two and three car garage positioning to screen, diminish impact from road, while emphasizing home entry and approach. 2. Provide not less than two car or more than four spaces without ARC approval. 3. Garage positioning that emphasizes house and minimizes garage can include: • 3 car L-shaped garages with tandem spaces, turned garages at side streets, side load garages and limited use courtyard of garages (where lot width permits). 4. On lookout or walkout lots, emphasize oversized garages (with two 1 car doors or one 2 car door) to provide greater design freedom yet meet homeowner's need for greater storage. Page 2 DETAIL Home wlturned courtyard garage 25' setback. Straight -in garage wlmin. 35' setback: 3 car Tandem. Front loaded, rear garage. V` + , 1 j � f Corner home w/garage Cgs side street. TAM- ING Irl"Ic Side loaded garage. Page 3 EXAMPLE DETAIL Special uses will be approved by Administrative permit through administrative design review. t f , Y Townhome WOW (2-3 DU/ a bidg - `architec- }-=—. 'ture similar to sur- rounding homes). Attached sin- gle family dwelling homes for two families are encouraged on corner lots and beyond 200' of each other. G. ACCESSORY DWELLING UNITS 1. 800 s.f. accessory dwelling units are permitted in many Towne lakes homes. 2. "Flex space" designs for alternate use of garages/homes could provide space for an accessory dwelling unit office, craft space, etc. H. TWO-FAMILY HOMES 1. Design structure to look like single fam- ily home, with garages at either end or Page 4 EXAMPLE Front entry walk. Natural areas. DETAIL in a way to shield visibility garages and entries should be point. See position PUD requirements: one to two per street corner, generally 200' between two family homes. 2. Exterior design & massing, selected style, detailing to appear as a larger single family detached home. I. HARD SURFACES/PAVING 1. DRIVEWAYS a. Driveway gradient no greater than 15%. preferred drive not greater than 10% to 20' deep apron area at garage no greater than 4% slope. b. Driveways to be narrowed in the front yard area and curb cut locations. 2. FRONT WALKS a. With or without a side walk, each home is to have a walk from the front entry/porch to the back of curb, prefer ably with steps near the street right-of- way line/back of sidewalk (except lots with unusually long drives or steep topography. 3. PAVED AREA a. Homes without a front porch must have a paved surface of at least 100 s.f.. A deciduous overstory or understo- ry tree, minimum 3" caliper must pro vide shade for the area. Creative/multi- use of paved surfaces is encouraged. Page 5 I I. GENERAL HOME D E S I G N G U I D E S Provide each individual home its own identity and character. Homes must be aesthetically balanced, with details consistent with the selected architectural style, and built with quality materials and work- manship. Homes not demonstrating adequate design variety will not be approved by ARC. Trellis/arbor/pergola as garage camouflage. DETAIL 1. Create attractive off -lot visual impacts. Be mindful of the home's massing as seen from surrounding road approaches and when viewed with other adjacent and sur- round homes. Avoid unaccented 2 & 3 story facades. 2. Respond to each lot's on and off- site opportunities to help define the views, the home's outdoor spaces and guide posi- tions of home interior spaces 3. Select home design/floor plans that establish a friendly relationship with the street via porches, decks, gradual level changes and anteways, entry sitting areas, courtyards, patios, terraces, sheltered entrys, etc. 4. Price efficiency can come with simpler, lower room -count, "box -on -box" floor plans, blended with modern, shared -space room layouts. 5. "Stage front" appearance will not be approved. The home's sides and rear should support the style of the home's front elevations, with similar trim, detail- ing & sidings. 6. Camouflage garages with small set- backs from home front, with porch exten- sions, arbors, trellises, wing walls or retaining walls. Hide garbage & recycle bins through design. 7. Add steps from garage to home, pro- vide headroom at garage service door. Allow space for added risers in garage and/or transition rooms within home, such as laundry/mudroom. Design should reduce impact of blank area above garage door(s) (ie. lowered roof line, trim / details.) Page 6 DETAIL Provide main floor elevation that is raised 21/2 to 3 feet above the street eleva- tion. 5 to 7 ris- ers typical. With reduced front setbacks (that encourage neighboring), raise home to protect privacy. e B. HOME TO BACK OF CURB ELEVATION 1. Raise home, with added front steps to capture an old traditional look par- ticularly with reduced setbacks... can turn on -grade homes to look -outs, look -outs to walkouts. C. ROOF PITCHES 1. The roof on each home is one of the most important visual masses on the house. Roof slopes and overhangs must be appropriate to the selected individual style: Research your style, know its con- ventions. 2. Design and refine well thought out, simple and strong roof forms. Increased roof pitches are generally preferred (except for some bungalow and prairie styles.) D. HARDSCAPE TERRACES/PORCHES/OUTDOOR LIVING SPACE 1. Outdoor living spaces can provide effec- tive transition between home, outdoors, and a place of interaction with neighbors. These could include patios, decks, gar- dens, terraces, seating areas. If a porch or terrace is prepared shown and labeled, it should be of sufficient size to allow seat- ing for 2, minimum. Sheltered entries (without seating areas are acceptable) but then a terrace or other hard surface seating area at the front of the home must be pro- vided. Page 7 Ill. DE TA I L H O M E DE S I G N GU I D E S The design of the homes for Towne Lakes will require a blend of standardized plans and custom adap- tation to site and home owner needs and likes and Towne Lake's streetscape will grow in character from the addition of one tasteful home after another. This depends a lot on details. SUMMARY EXAMPLE DETAIL A. PREFERRED STYLES • Designs utilizing modern floor plans within an architectural theme. • Colonial, • victorian, • federal, • farmhouse, • cape cod, • tudor • stick, • shingle, (early) prairie school • arts & crafts bungalow. B. PREFERRED MASSING • 2 story, • story & 1/2, • ranch, • 2 story with attic dormers. C. GARAGE TREATMENTS 1. Use two-story/ dormer elements over garages for architectural interest and bonus space. 2. Garage door accents and detailing should be used to break up its scale & designed to echo home style/detailing, making it look less dominant, more a con- tinuation of the structure. Do not use plain flush steel doors. 3. Where there are garage walls with no doors, there should be windows that match other windows & trim/ architectural details of the home. 4. In area below floor line and above grade, use stone, cultured rock, siding extensions, lattice, brick, stucco and "band" / verge boards. D. ENTRY PORCH/STOOP 1. Provide a stoop or entry porch (of use- able size), large enough for plants and seat- ing. They should be covered by an over- hang, roof, trellis, portico or detail appro- priate to home style. 2. Where a smaller sheltered entry is planned, provide an entry setting such as veranda, deck or patio suitably sized for a minimum of two chairs. Page 8 DETAIL E. ROOF MATERIALS 1. Well proportioned overhangs, fascia, gutter, soffit, frieze, window trim & details, skirt board & corner treatment, supportive to selected dominant architec- tural style. 2. Roof materials may include cedar shakes, copper, slate, or a minimum of 250 lb. tabbed asphalt, "dimension" shingles. Small amounts of prefinished standing seam metal may be acceptable. Colors should be muted, dark shades with shad- ow coloring. 3. Valley flashing of copper, prefinished metal, or interwoven shingles are pre- ferred. 4. Gutters and downspouts must be inte- grated to color and style of house. 5. Functional roof vents are encouraged. Continuous covered ridge vent, shingle - over type should be used. Avoid/minimize box vents. E ARCHITECTURAL SIDING & TRIM 1. Use materials & Architectural trim con- sistent with home and selected home style. 2. Use vents, recessed bays & cantilevers to create interest & shadow lines. 3. Exterior materials of masonry brick, stone, stucco and natural wood are pre- ferred. Use great care in selection of "cul tared stone" products for ARC. Samples are required. 4. Stained & prestained wood, clad, cementous materials or composites will be accepted if sample or manufacturer's cata- log with trim indicated and color specified are submitted. b Other vinyl sidings may be a proved by ARC. Wolverine vinyl sid- in- ttrim system is ARC approved. Specific colors and treatment must be ARC approved for each home. G. MASONRY - BRICK/STONE, CULTURED STONE. 1. The first masonry on the house should be the fireplace chase, if visually promi- nent. 2. Masonry fronts must wrap corners to a logical stop, but no less than 24". 3. Masonry, if used, apply in locations most visible. DETAIL 4. Columns must be sized appropriate to their height and building mass supported H. FIREPLACE CHASE/CHIMNEY 1. Should reflect the home's style. Masonry chimney is preferred. 2. Decorative chimney caps/screens are encouraged. I. DIRECT VENT FIREPLACES 1. Are permitted but boxed out "dog- house" forms are not allowed. 2. Chimney caps should be detailed flue top of box type design. An all wood chase is required to have a Majestic TT200 or approved equal. J. DOORS AND WINDOWS 1. The entry door is expected to be a dominant feature. Sidelights and tran- soms are encouraged. 2. Use energy -efficient, quality doors & windows selected to fit the architectural style. 3. Select window grilles to be in character with architectural style. 4. Sliding doors are encouraged to mimic wider stile French doors. K. WINDOW TRIM 1. Windows must have exterior trim con- sistent with selected architectural style; all elevations. 2. Windows and doors may be painted, natural wood, aluminum, or vinyl clad. Muted accent colors are encouraged - i.e., forest green, burgundy, colonial blue, etc. 3. Shutters, if used, should be sized to look as if they could close over entire win- dow. Do not use with multiple window groups. L. DECKS 1. Must be consistent with home design/style and should be an extension of the home. 2. Above ground decks must be support- ed with 9 1 / 4"x9 1/4" or equal mass columns where visible*, designed in char- acter with the massing of the home. Minimum of 6"x 6" column where decks Page 10 DETAIL will not be visible* from existing or future streets or residences. If deck is more than 2' above grade and visible*, screening below deck must be provided. Home materials must extend to deck detailing. *visible; from existing or future streets, homes, parks or openspace. I Handrailing design and detailing should be consistent with the home's cho- sen style. 4. Cedar, redwood and wood composite wood construction is encouraged. Painted or stained depending on home style. 5. Future construction/decks should be included with the plans for approval, but indicated as future construction. M. TRASH ENCLOSURE • Accommodate garbage and recycle bins through added garage width or depth, wing -wall extensions, fence enclosure extensions, retaining walls. Page 11 IV. DETAIL SITE DESIGN GUIDES DETAIL A. LOT PREPARATION 1. Lot development plan and landscape plan must be prepared by competent, experi- enced landscape designer or landscape architect. 2. Completely fence trees that are to be saved at a distance of 1.5 feet times the tree diameter in inches. B. CORNER LOTS 1. Corner lots will have special review ensuring that each exposure to the street has received equal landscaping attention. C. GRADING 1. Builder's and owner's responsibility to prevent erosion and assure positive drainage. 2. Show erosion control plan and schedule of tasks. 3. Show locations of topsoil stockpiles and fill soil stockpiles, and proposed silt fences. 4. Avoid abrupt slope intercept between existing and disturbed soil surfaces, and encourage rounding which blends into the natural grade. 5. Create contour and grade changes to enhance privacy, visual interest and amplify plant material impact. 6. Sod all swales. Minimum: swales min. 2% swales, minimum drainage slope 6" in first 10' away from all building sides. 1% on hard surface. 7. Contour site to protect mutual drainage issues and existing or potential basements. 8. Design, materials and layout must be submitted for ARC review. Page 12 Decorative paving materials Regularly spaced 34' caliper deciduous boulevard trees. Front yard planting must include foundation planting as well as overstory trees. Careful tree & shrub positioning softens & blends homes to the streetscape. DETAIL D. PAVING/FLATWORK 1. Flatwork and steps with decorative nosings and detail are encouraged at the front yard as well as the rear yard. 2. Decorative or colored paving is encour- aged. This includes decorative expansion joints, break lines, stamped and colored asphalt ("Street Print" or equal), stamped and colored concrete ('Bomanite" or equal), brick or colored concrete, interlock- ing pavers. 3. Position retaining walls and slopes to preserve trees where possible. Select wall materials and colors to compliment the home design and material. E. PLANTING 1. Site planting plan common and must include a plant list containing scientific names, sizes and planting conditions (balled and burlapped, potted, bare root, container grown, tree spade, etc.) 2. Regularly spaced 3-4" caliper deciduous boulevard trees should conform to ARC guide site plan. 3. Front yard landscapes are to respond to development planting and A.R.C. recom- mended planting plan. 4. Front yard planting must include foun- dation planting as well as both overstory, deciduous and coniferous trees, understo- ry trees and shrubs. E REQUIRED PLANTING BUDGET: 1. The budget for the Landscape Planting Plan must equal or exceed 2-3% of the home's value. G. REQUIRED LANDSCAPE PLAN 1. A professional landscape plan must be prepared by a competent landscape designer or landscape architect. 2. ARC reserves right to require addition- al landscaping (above the minimum land- scape budget) on lots where side and rear house elevations are highly visible to views from off -lot, and/or where lack of architectural design or detailing must be offset/screened with vegetation. Page 13 DETAIL Natural areas, woven with mowed turf areas, help to define outdoor rooms. Select wet -association plants near water and upland planting for higher areas. Traditional fencing materials of brick & iron. H. NATURAL AREAS 1. Foundation plantings should be execut- ed in a manner consistent with each home's style. (Soften blank walls, shelter entry walks, hedges for formal design.) 2. Natural areas refer to landscape fea- tures which function as visual edges to frame each lot. They help define the out- door "rooms". In the front yard natural areas would generally be located close to the street, possibly adjacent to the lot line so the same idea could be continued by the neighboring lot owner. In the back yard natural areas are encouraged at or about the rear and/or adjacent side prop- erty lines. Natural landscape treatments should not replace foundation plantings. Natural areas must be a mutually agreed upon with the ARC and would include: Examples: a. Natural forest emergent vegeta- tion theme: b. Prairie grasses, wildflowers or other perennial ground covers. c. Formal garden theme: Rose bush garden, Formal perennial garden d Patch of forest theme: a stand of young Aspen (this will require 10 to 20 trees, although they could be as small as 1" caliper.) I. DECK PLANTING 1. Decks to be shaded by at least one 2 1/2" caliper deciduous shade tree. J. SOD 1. Minimum sod: front, side and 20' in rear yard unless it runs into a 3:1 slope. Slopes must be sodded and staked or seeded with appropriate grasses, mulch or other A.R.C. treatment. K. FENCING 1. All fence designs must be reviewed by the ARC prior to installation. L. SECURITY FENCES 1. Standard chainlink fences are discour- aged. M. DECORATIVE FENCES 1. Front yard fences must be limited in height, must be approved by A.R.C., and are strongly encouraged to be traditional. Design: ie. picket, wrought iron... 2. Vinyl white, tan or grey picket or black, green or cream wrought iron fenc- DETAIL Picket fences with larger posts at ends & corners. ing allowed in rear yards. 3. All fence designs must be reviewed and approved by the ARC prior to installation. 4. If fences are used, gates and archways are encouraged as a welcoming entry to property. 5. Privacy or utility screening must inte- grate with and compliment the architec- ture. 6. "Invisible fences" are encouraged should be used for dog enclosures. N. RETAINING WALLS 1. Preserve trees & compliment home design with retaining materials & slopes. 2. Construction details should be provided for retaining walls greater than 3 feet exposed height. 3. Retaining walls should not exceed 6' per wall in height and be constructed of mate- rials such as stone, veneer or decorative concrete block (i.e., keystone). Break up larger elevation drops with stepped multi- ple walls. 4. Landscape wall,surface materials and colors shall be consistent with accent mate- rials used on home. O. MAIL/NEWSPAPER BOXES • Mail and newspaper boxes will be pro- vided and installed by the Developer. P. HOUSE NUMBERS • Front yard house address identification standards (typeface & number height requirements) must be met. Q. LIGHTING 1. Exterior light fixtures should be in char- acter & style of home. 2. Lighting sources should be indirect where possible, with all lighting in shades of white (no colored bulbs other than at the holidays). 3. Spillover of glare must be avoided to neighboring lots and light sources must be shielded to prevent glare. Wall washes can be achieved through an eave or ground mounted light fixture. Avoid soffit -mount- ed spot lights. ARC may allow such spots only in areas not visible to street or from other lots. DETAIL A private space created by pool and terrace. 4. Tree uplights should be recessed below ground, behind shrub masses or down lights should be positioned within the trees, out of primary view. 5. Integrate landscape lighting with deck, arbor, post, bench & trellis elements. R. DOG RUNS/HOUSES 1. Must be immediately adjacent to the home and screened appropriately with design, materials and trim similar to the primary home. S. POOLS AND HOT TUBS 1. Design, materials and layout must be submitted for ARC review done in refer- ence to the DNR openspace plan require- ments. 2. All pools and hot tubs should be fitted to the landforms, terraces, porches and decks. Above ground pools will only be allowed on specified lots so they can not be seen by the public or are made to appear as "in ground pools". Review all easements prior to planning a pool. 3. Associated code -required security fences, retaining walls, and lighting should meet requirements described. T. SPECIAL REQUIREMENTS 1. During construction each homesite will be kept clean and free of debris. Each builder will be held responsible for debris which blows off the site, so police your site. If the developer must clean up the appropriate charges will be passed on. 2. Every owner and builder is responsible to provide erosion control per all applica- ble regulations. Page 16 Towne Lakes rcriitec-ural b1format;Qn 1. t,ia OM must be CzmFleted for Architactural FcviCw, Plan Approval No_ !rate Rece.ivej; Lot -]?juycr Name; 151rvey Enclosdcl: yes n0 Plan Erst�ItaBGJ: ryes na, }'f Full House P13n5 �.nC_IOS�t'.r. t�.e6 no lone Full wOrkin 5ct b tine ',!ftx1 11'2%aL-le set) 1 "t 5urv9 ComFWC: eaa nu n la Lat man: Ho-c Only price; Otal i 2Ckagej — �tniSheGl5gUare FCCt: I. jtyl4 of ham., ❑ Arts &r Crams G �jun�Alow ❑Prairie (Flease Ckz& one) ❑ Four 59ware ❑ Q}ieen /nnc I Victorian IJ ltalianate ❑ Gothic Revival ❑ 5hin.gle n Greek Fevival ❑ Colonial Revival Lj Tudor C7 JNeo Claaaical fl �nglisia ca tage ❑ National ❑ French Country ❑ Dutck Colonial ❑ rajdral C7 f rer" Chateaux ❑ 5aclunJ 11mpire CJ Georgian ❑ F*rencl Eclectic ❑ Adam ❑ Cape cod 5LJJi cr Contact blame & Numder _ 7 xterior finishes: Front: =fieEos 8- Rear! Exterior colors: Front: ,�jicee & year: SAN b Fascia: Location pY F,loctricJGzm Meters: Location of Air Conclitioncr Paj: 15JfT1t & Fascia material: f-4,ingIe Type b *L.,ofar; D-iveway material: 2117%00 Towne I-akcs Rtview Comments late: j''ian Approval No. Nan bate uild r: D--k"gncr Namc t�r��krr Lot �riLc � r{ome/Lat Total �ac4aga # Lot, �jloCk: �'isasa: Li6arty on tl� Lalta inisl�c� ,�clu;�re �nct ';:>Tkank ,� ou for submittin6your 6umc Mans to the Advisor +l�evicw Committee, The ��avrin ara commentsor cr�rcei�cration 65 tie ,L mkitecturzi Control Comrt,iEtce. .y "ALL r has reviewed tie Advsstsrq comments and aGccpS the Flans For Sinai approval wi!`l the following conditiona; (In tke event none arc iiatccl, t6c plan stands approved wil+ the a6ova conditions;rom t6c Advi,oryCommittee), Approved 69? Architectural Control rommittea, Mami er Tease direct an� 9uestiono or comments to 5l cll-q at tbc- Land ��'-3 f-7930 orfzx tra oI i-37 i-7'6zz. Townc La/cs Design C\angc Approval Mar Approval No, E)e fin%Aj;,pO, Lot f&i cm �oMdowncr, A ppr ± Commc«& A•+ oriz ccl ; 7-7 an /ou r QWc n mat a ya:_k, 6;,tvekM\ Elm !i- =3o r &!,a«,«a=l g— Prof',rional Services, inc. July, 2000 7599 an Eden Prairie, MN 55344 952-937-5150 alfany Residential Development City of Albertville, Wright County, Minnesota Entry View \4 --7 -7 A- TEI'- Wesnvmd Prof-ssio July, 2000 7599 Anag,ann Driwenal Services, Inc. Eden Prairie, NIN 55344 50 Balfany Residential Development City of Albertville, Wright County, Minnesota Typical Standard Subdivision Lot c�1 r. C t w < n \^ , 'S.'. *00 . v r i SAS" July, 2000 alf ny Residential Development City of Albertville, Wright County, Minnesota Typical "Traditional Neighborhood Design" Lot : r VVesuvood Professional Semices,lnc. 7599 Anagram Drive Eden Pra e, MN 55344 952-937-S,50 � n § -m m0.0 DEVELOPMENT directions, Inc. PUTMAN PLANNING & DESIGN 724 rE2sIDE DrtrvE N., HUDSON, WI 54016 PHONE:(715)38(:$?91 FAx: (715) 381-6829 E-MAIL: putman®spacestar.net T61ANE LAKES Town a Vpl{ ",lj IN q r-- t% [V j L W "> Home Style Concept Illustrations: CPDC- a."DATE: SHEET: � Z . 1 Cont actor Property Traditional Nei4 i6or�f Desigp Developers Co. DEVELOPMENT directions, Inc. PUTMAN PLANNING & DESIGN 724 RIVERSIDE DnrvE N.. HUDsoN, WI 54016 PHONW715) 3e 1 V291 FAX: (715) 381-6829 E-MAIL: putman®spacestar.net w/ WAS-rWoov ".S, TowivE A K E S Albertvilles New Small Town N Home Style Co Tra&66nal N1 CPDC- Cont actor Propert(� I£"1 Developers Co. DATE: SHEET: 3 0 t a". tt - TraditionaE' l ei! r L i— \ `' Concept Site DEVELOPMENT directions, Inc. PUTMAN PLANNING & DESIGN 724 RIVERSIDE DRIVE N(., HUDSON, WI 54016 eeoNE:(715)*?8l e4VI FAX: (715) 381-6829 E-MAIL: putman®spacestar.net Town 1 � j � A, r � Home Stile Conce t lilustrations: CPDC- � DATE: SHEET: � f , Cont actor Property Tra&bona) (vim DO�� Desien Developers Co. SIR flIA el ,.. ,udasf I'}'f l . Rl' sa O�WL- MIA OV LA�wj C�I& 0 July, 2000 alfany Residential Development City of Albertville, Wright County, Minnesota Shoreland Conservation Easement - Typical Lot W'Sk ood Professional Services, Inc. 7599 Anagram Drn-e Eden Pairie, NIN 55344 952 937-5150 c4on lk mi N a N �O pp .pr VGT ZhV Vt7c`'` 1.Zih .r v z a Z't gT 9acao° mp OZ�E a MIN a W.. Ul Z 0 10aE� NORTHWEST ASSOCIATED C INC COMMUNITY PLANNING - DESIGN - MA MEMORANDUM TO: Albertville Mayor and City Council Linda Goeb, City Administrator FROM: Deb Garross, Senior Planner DATE: August 17, 2000 RE: Albertville Park & Trail Plan Study FILE: 163.05 — 00.14 INTRODUCTION 6 , 'k 4,(404 ) The purpose of this memo is to provide the City Council with the updated Park Implementation Chart with the changes directed by the Council at the August 7tn meeting. The Chart has been updated with the S.E.H. cost estimate for Lion's Park, Town Lakes proposed parks, recommendations from the Planning Commission and the addition of 15% Engineering design fees. DISCUSSION The result of the changes to the park system directed by the City Council and via recommendations of the Planning Commission resulted in an increase of the 2000 system costs from $4,496,456 to $5,145,231 dollars. The majority of the increase is based upon the S.E.H. calculations for the upgrade of the balifields at Lion's park. The addition of the proposed Towne Lakes development did not increase the park system costs because the developer is proposing to construct the recreation facilities, trails, sidewalks and also dedicate the land to the City. The introduction of the Towne Lakes project did however decrease the amount of anticipated future residential fee dedication by removing 85 acres of potential land (residential unit dedications). As a result, the future residential dedication fees were reduced from $1,440,400 to $1,231,100. The analysis also assumed that the residential fee would remain at $1,300 per acre. The increased park system costs, coupled with a decrease in anticipated future fees from residential development increased the balance of park system costs from $3,056,056 to $3,914,131. If C/1 development is to cover the balance of the costs, the revised dedication alternatives are outlined as follows: Alternate A — 100% 3,914,131 _ 530 acres = $7,385 per acre C/I Alternate B — 70% 2,370,561 _ 530 acres = $4,472 per acre C/I Alternate C - 75% 2,627,823 _ 530 acres = $4,958 per acre C/I Alternate D — 80% 2,885,084 - 530 acres = $5,443 per acre C/1 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NACga WINTERNET.COM It is important for the City to recognize that the analysis is general in nature and that several assumptions were made to develop the information for Council review. The C/I acreages reflected in the analysis are net acres as opposed to gross acres. Additionally, some of the costs utilized for the analysis included an estimate for Engineering/design suggested by the City Engineer of 15%. The analysis does not take into account other revenue sources such as fees for park use or gifts by organizations and charitable groups. This process is associated with an amendment to the Park and Trails Comprehensive Plan and as such the estimates and information should be considered as generalized and not a specific set budget/CIP. As additional information, a survey prepared by Ingrahm and Associates is attached to this report which identifies park dedication fees for a number of municipalities. However, we caution that property values, tax structures and park system development and funding vary widely from community to community. PLANNING COMMISSION ACTION The Planning Commission reviewed the Park Implementation Chart and draft 2000 Park & Trail maps. The attached map indicates the recommended park system identified by the Planning Commission. The following points summarize the Planning Commission recommendations concerning the Comprehensive Park and Trail Plan: ■ The City should review and develop priorities for implementation of the proposed park system. ■ The City budget/CIP should include a line item for park maintenance. ■ The City should consider establishing park dedication in terms of a percentage of the improvement costs to be updated on an annual basis. ■ The Planning Commission recommended that the Commercial/Industrial dedication be established at $4,500 per acre. ■ A typical section plan should be developed for sidewalks and trails and incorporated into the appropriate design guidelines and subdivision/project requirements of the Zoning and Subdivision Ordinances. ■ Sidewalks/trails should be installed at the same time as the roads are constructed and the developer should be responsible to monitor the builders to assure that any damages to the trails are repaired. ■ Lion's Park should be the highest priority park for completion because it is the City's central park. ■ The consensus of the Commission was to eliminate the 4 small parks as recommended in the NAC report and to incorporate the improvements into 1 larger lakeshore park. ■ Park dedication should not be used for maintenance but for land acquisition and park development ■ The City should consider developing a sidewalk/trail ordinance similar to the Prior Lake policy. An ordinance is preferred to a policy statement. ACTION REQUESTED 1. A motion to approve the amendment to the Albertville Park and Trail Comprehensive Plan to incorporate the revised,park facilities tables and map. 2. A motion to adopt Resolution 2000- amending the fee schedule for park dedication. 3. A motion to approve Ordinance No. 2000- amending the Subdivision Ordinance to change the method of calculating park fees and to establish sidewalk standards. 4. A motion to direct staff to prepare a sidewalk ordinance for review by the Planning Commission and City Council incorporating standards similar to the Prior Lake Sidewalk/Trail policy. CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA RESOLUTION # 2000 - RESOLUTION AMENDING THE FEE SCHEDULE FOR PARK DEDICATION EFFECTIVE AS OF AUGUST 21, 2000. WHEREAS, The City of Albertville has an established Park and Trail Comprehensive Plan which has been in effect since September 8, 1997; and WHEREAS, The City Council established park dedication fees for residential, commercial and industrial properties to obtain land and revenue to complete the park and trail system outlined in the Comprehensive Plan; and WHEREAS, The City of Albertville was requested by Mooney Development Corporation to review the park dedication fees for commercial properties; and WHEREAS, The City has conducted an analysis of park and trail system and the associated costs to implement said system; and WHEREAS, The City Council has determined that the fee structure should take into account park and trail infrastructure costs, property values, inflation, facility use and development as opposed to market value alone. NOW, THEREFORE BE IT RESOLVED BY THE ALBERTVILLE CITY COUNCIL, WRIGHT COUNTY, MINNESOTA, that it does hereby adopt this resolution setting forth park dedication fees for the land use categories specified as follows: Residential Uses: $1,300.00 per unit Commercial/Industrial Uses: $4,500 per acre ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 21st DAY OF AUGUST 2000. ATTEST: Un Linda Goeb, City Administrator 1 CITY OF ALBERTVILLE Mayor John A. Olson CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2000 - AN ORDINANCE AMENDING SECTION A-600.8. (Park and Trail Design) and 600.15. (Park Land and Trail Dedication Requirements) OF THE ALBERTVILLE ORDINANCE TO INCORPORATE REVISED TRAIL, SIDEWALK AND PARK STANDARDS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION A - SUBDIVISION DEDICATION SECTION 1. SECTION A-600.8. PARK AND TRAIL DESIGN REQUIREMENTS OF THE SUBDIVISION ORDINANCE IS AMENDED TO READ AS FOLLOWS: A-600.8. Park and Trail Design. (a) Park Design. (1) Land for parks shall be acquired, planned and developed according to the Park Classification Guidelines contained in the Comprehensive Park and Trail System Plan which specifies the appropriate sizes, locations, service areas, and equipment types to best serve the City. (2) Park accessibility shall be maximized to serve City residents by requiring either vehicular or pedestrian access or both, depending upon the size and classification of the park. (b) Trail/Sidewalk Design. (1) Trail Types. Trails constructed in the City shall be one of the following: (i) On -Street Trails/Paved Shoulders: These trails share the same paved surface as the roadway that they follow. They are designed for multiple uses and may be located on one or both sides of the street. (ii) Grade -Separated Trails: These asphalt trail segments are intended to be separated from the adjacent roadway by a strip of land/plantings or physical structure (preferably not less than eight five feet wide). Asphalt trails may be constructed along side yards but should not be located in the front yard of single family residential homes. Grade -Separated Trails They are designed for the integration of a variety of compatible non -motorized trail uses including pedestrians, bicycles, skate -boards, roller-skates or in -line skates. They shall generally follow street rights -of -way, but may be 1 setback varying distances from a road for aesthetic, safety, maintenance, or snow storage reasons depending upon the classification of roadway with which they are associated (traffic volumes, speed, etc). (iii) Sidewalks: Concrete sidewalks shall be required for all proiects where a means of pedestrian access is deemed necessary, by the City Council, form the development to schools, parks, churches, business or industrial developments, adjacent neighborhoods, transportation facilities, or for unusually long blocks, in order to meet the purpose and objectives of the Park and Trail Comprehensive Plan. Sidewalks will normally consist of five (5) foot wide concrete sections to be located within a public road right-of-way at least one (1) foot inside of the right-of-way line. A border area consisting of a minimum three (3) foot wide strip of grass located between the street edge of the sidewalk and curb face shall be provided. The City Council may approve sidewalks of lesser or greater width (four (4) to eight (8) feet), and with or without the grass planting strip, for locations where the City Council determines that existing development, topography, trees, high traffic volume and/or Pedestrian safety is a concern, (iii) Overland Trails/Linear Parks: These trail segments shall provide a standard trail width within a park or natural area that is dedicated as public or private open space. These trails are intended to be located within significantly wider rights -of -way or natural corridors, and gin"" be IGGated away from streets se -id streetswill not typically be installed parallel to the street surface. They should be designed to incorporate vegetation, seating, picnic areas, and playgrounds or other supporting site elements and may serve a dual purpose as a buffer strip or separated bikeway. Abandoned railroad rights -of -way and many utility easements fall into this category. (2) Trail Widths. (i) The following paved trail widths shall be required (exclusive of dedicated corridor or easement area within which the paved trail is located): ON Street Arterial 8 4-A foot trail on one or both sides of street as required Major Collector 8 4-0 foot trail on one or both sides of street as required Minor Collector 8 foot trail or 5 foot sidewalk on one side eF A faet trael an both Aidap of the street Local 8 foot trait or 5 foot sidewalk on one side of the street or as required CSAH 19 X CSAH 37 X CSAH 35 (west of Main) X County Highway 118 X Main Avenue X X CSAH 35 (east of Main) X 53rd/57th Streets X Kalland Avenue X Barthel Drive X X 70th Street X All other streets X (ii) Lesser widths may be necessary in established residential areas and where space is limited. In no case, shall a trail/sidewalk be installed at less than a four (4) foot width. (iii) Sidewalk design and width standards shall be in accordance with the sidewalk policy established by resolution of the City Council. (3) In residential areas (local streets only) on -street trails may be URFnarked, paved with a stripe or identified by a sign. On -street trails associated with collector or arterial streets are not desired for long term use, however, where necessary they should always have a specially marked shoulder area and/or be sign identified. (4) Trails shall be constructed according to the standards established in the City's Standard Detail Plates dGG6lFneRt dated SeptembeF 12, or as otherwise specified by the City Engineer. (5) The longitudinal slope of trails along their length should not exceed five (5) percent to be considered handicapped accessible and eight (8) to ten (10) percent in areas where access would otherwise be limited. (6) The cross sectional slope of trails shall not exceed two (2) percent and shall be convex (raised to slope toward each side) or sloped in one direction to allow for proper drainage. 3 (7) Unobstructed forward and rear views should be provided for each type of user: fifty (50) feet for pedestrians and one hundred fifty (150) feet for bicyclists and skaters. (8) All trails shall be paved with bituminous surfacing and all sidewalks shall be concrete, unless otherwise approved by the City Council. In special situations, trail surfaces of vegetative ground cover, gravel, stone or wood chips may be used as interim surfaces or within natural areas. SECTION 2. SECTION A-600.15. PARK LAND AND TRAIL DEDICATION REQUIREMENTS OF THE SUBDIVISION ORDINANCE IS AMENDED TO READ AS FOLLOWS: A-600.15. Park Land and Trail Dedication Requirements. (a) Applicants for the subdivision of land and developers of land within the City of Albertville shall be required to dedicate to the City of Albertville for park, playground, trail, and public open space purposes the following minimum amounts of land or cash, or both, whichever the City, at its option, shall require. The required dedication shall be made prior to the City's release of the final plat for filing. The amount of any required cash contribution shall be calculated based upon rates established by the City and in effect as of the date of the release of the final plat for filing. (b) Land to be dedicated for public use shall be reasonably suitable for its intended use as determined by the City and shall be at a location convenient to the public to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, vegetation, access and location. (c) The applicant shall consult with the Planning Commission, at the time 148 the preliminary plat is under consideration, to secure their recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location, area and dimensions of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the City Council for their approval. (d) When a proposed park, trail, sidewalk, playground, recreational area, or other public ground has been indicated in the City's official map, Comprehensive Land Use Plan or Comprehensive Park and Trail Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the City. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquire, the City may consider acquiring the excess land through purchase or condemnation. 4 (e) Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. (f) Where private open space for park, trail, playground, open space or other recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for purposes described in this Chapter provided the City Council finds it is in the public interest to do so and that the following standards are met: (1) That yards, court areas, setbacks and other open space required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and (2) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (3) That the private open space is restricted for park, playground, trail, open space or recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be eliminated without the consent of the City Council; and (4) That the proposed private open space is reasonably adaptable for use for such purposes, taking into consideration such factors as size, shape, topography, vegetation, geology, access and location of the private open space land; and (5) That facilities proposed for such purposes are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan or Comprehensive Park and Trail Plan, and are approved by the City Council; and (6) That where such credit is granted, the amount of credit shall not exceed twenty-five (25) percent of the amount of dedication as calculated herein. (g) The City, upon consideration of the particular type of development, may require larger or lesser parcels of land to be dedicated if the City determines that present or future residents would require greater or lesser land for park and playground purposes. In addition, the City Council may also require lots within the subdivision be held in escrow for future sale or development. The monies derived from the sale of escrowed lots will be used to develop facilities or to purchase park land in the future. 9 (h) Residential Dedications. (1) Land shall be dedicated pursuant to the following schedule wherein density is calculated by considering the total gross acreage of the entire plat, subdivision or development being considered: Dwelling Units Per Gross Acre Less than nine (9) Nine (9) and More Dedication Requirement 10% of subdivision area 11 % of subdivision area plus an additional 1/2% for each additional dwelling unit per acre over nine (9) (2) A cash contribution in lieu of land dedication may be required pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development. The City Council shall establish from time to time by Resolution the amount of required cash contribution. and Rtil-shagged by Rese!UtiGR heFeafteF adopted, the amGURt Of Gash GGRtributiGR shall be (3) Combination Land and Cash Dedication. The City may require the applicant or developer to make a combination cash and land dedication pursuant to the following formula: a. The amount of land which could be required in accordance with this Ordinance shall be calculated. b. From the total calculated in sub -paragraph (3)(a) above, the actual amount of land the City determines to be needed to fulfill the purposes of this Chapter shall be subtracted. C. The balance arrived at in sub -paragraph (3)(b) above shall be converted into a cash contribution in lieu of land dedicated pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development and the percentage of the total park dedication obligation represented by the said balance. 59 (i) Commercial, Industrial and Public/Institutional Dedication Requirements. (1) Land dedication, if required, shall be ten (10) percent of a commercial or public/institutional (except schools and public recreational facilities) subdivision or development and five (5) percent of an industrial subdivision or development. (2) A cash contribution in lieu of land dedication may be required pursuant to a standard formula established by the City, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development. The City Council shall establish from time to time by Resolution the amount of required cash contribution. IRMO WOM _e Mee* I MY 9"1 (4) (3) Where a combination land and cash dedication is made, the lands dedicated will be deducted from the total park dedication land requirement and the balance of acreage will be multiplied by the current per acre dedication rate. (-5) L41 In cases where existing lots of record (platted or unplatted) are being developed, such properties shall be subject to park dedication requirements if: a. The development involves the subdivision, replatting or combination of property under the terms of this Chapter, AND b. Park dedication requirements have not been previously satisfied and the property or lots must have been originally subdivided after September 8, 1988. It shall be the property owners responsibility to show proof of past park dedication payment. 0) The City may elect to receive a combination of cash, land and development of the land for park use. In this case, the City may reduce the amount of land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the cost of the facilities provided. , The faiF FnaFket value of the land the Gity wants and the value of (k) "Fair market value" shall be determined as of the time of the final plat approval in accordance with the following: , 7 (1) The City and the applicant may agree as to the fair market value based upon a current appraisal. (2) The market value of the property as determined by a recent selling price of the parcel(s) in question. (3) If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the City prepare an in-depth study of the effect of the subdivision on the park and trail system and an estimate of the effect in money and/or land. All costs of such study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, no application for development submitted shall be deemed complete until the study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. (1) Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. (m) The City Council shall establish a separate fund into which all cash contributions received from owners and developers in lieu of conveyance or dedication of land for park, playground, trail and open space purposes shall be deposited. The City Council shall establish separate budgeting and accounting procedures for such fund and shall make from time to time appropriations for such purposes, for developing existing parks, or the development of new park facilities. (n) If an applicant is unable to make a commitment to the City as to the type of building that will be constructed on lots in the proposed plat, then the land and cash contribution requirement will be a reasonable amount as determined by the City Council. (o) Wetlands, ponding areas and drainageways accepted by the City may not be considered in the park land and/or cash contribution to the City. (p) Property being divided with the same number of lots shall be exempt from all park land dedication requirements. If the number of lots is increased or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication requirements. f (q) Cash Payment. A cash contribution required by the City shall be made at the time of final plat approval by the City Council or as specified by the applicable development contract. (r) Trail Dedication Requirements. (1) Unless otherwise required by the City Council, the developer shall be required to dedicate trails and/or construct sidewalks consistent with the Comprehensive Park and Trail System Plan which shall be used as the guide for the installation of trails/sidewalks in the City. The Plan shows the desired locations and types, and sizes of trails and sidewalks, which shall be followed as a general rule. Final determination as to trail/sidewalk locations, types, and sizes shall be determined at the time of preliminary plat approval. (2) The developer shall be required to construct all trails/sidewalks within subdivisions. The cost for installation of trails shall be counted as credit toward park dedication requirements, calculated at one hundred five (105) percent of the construction bid price. Sidewalks constructed within road right-of-way (utilizing the narrower pavement width standards of this Ordinance), shall not be credited as park dedication. All trails/sidewalks shall be constructed to the City's specifications (City's Standard Detail Plates dated SepteF'''�-� , as may be amended by the City Council) and shall be completed prior to or at such time as the wear course of asphalt is installed on the streets. (3) Where trails and/or sidewalks are to be located outside of public street right-of-way, the developer shall be required to dedicate a minimum thirty (30) foot corridor for the establishment of said trails. The location of trails within corridors or easements shall be determined at the time of preliminary plat approval. (4) In special cases where trails are predominantly located within public rights - of -way but extend outside such areas to improve functioning or to avoid obstacles, trail easements may be accepted. In these cases, lot depths must be increased to accommodate the width of the easement. (5) Commercial, industrial and public/institutional subdivisions shall be required to establish easements for trails/sidewalks required and such action will not necessitate a change in the required lot size or setback requirements. (6) In cases where existing lots of record (platted or unplatted) are being developed as commercial, industrial or public/institutional uses (including schools and public recreational facilities), such properties shall be subject to trail dedication requirements if: a. The development involves the subdivision, replatting or combination of property under the terms of this Chapter, AND 9 b. Trail dedication requirements have not been previously satisfied and the property or lots must have been originally subdivided after September 8, 1988. It shall be the property owners responsibility to show proof of past trail dedication or payment. (s) The following requirements apply to all dedications or conveyances for park, playground, trail or public open space purposes: (1) Land conveyed or dedicated pursuant to the provisions of this Section must be located outside of drainageways, flood plains and ponding areas after the site has been developed. (2) As part of their development contract or site plan approval responsibilities, applicants and developers shall be responsible for making certain improvements to the developments for park, playground, trail/sidewalk and public open space purposes including, but not limited to, finished grading and ground cover for all park, playground, trail and public open spaces within their developments. (3) Dedication credit shall not be granted for the construction of recreational facilities unless a specific agreement granting credit is approved by the City Council. This paragraph does not affect the requirements of sub -paragraph (2) above. (4) The development agreement for subdivisions within which parks, trails, or open spaces are to be located shall include language requiring the disclosure of such elements to the public/prospective lot owners. (t) Areas to be dedicated for public park, trail, or open space shall be brought to a suitable condition by the subdivided prior to acceptance by the City. This shall include the following: All dead trees, trash, junk, unwanted structures or similar undesirable elements shall be removed by the owner at his expense; On grades or exposed areas which are not sodded, lawn grass seed shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of land area; Seeding and germination testing shall take place on a schedule set forth by the City at the time of the conveyance; Seeding shall consist of a maximum of ten (10) percent rye grass by weight and a minimum of ninety (90) percent of permanent bluegrass and/or fescue grass by weight. The applicant shall submit an agreement in writing signed by the developer that re - spreading of soil and seeding of lawn will be done during the immediately following planting season as set forth in this Section and provide a performance bond to guarantee said seeding. Said condition shall also be in accordance with the City's resolution on condition of acceptance of public parks and trails in Albertville. (u) Title and Survey Requirements. (1) Lands dedicated for public park, trail or open space shall be accompanied by a certificate of survey or shall be designated as a park, trail or public open 10 space area on the plat as determined by the City. Lands dedicated for public parks shall be dedicated as a legal lot of record and not as an outlot. Ponding areas not located within public park or open space areas to be dedicated to the City under the terms of this Ordinance shall be dedicated to the City as an outlot rather than easement, unless otherwise approved by the City Council. (2) Further, such lands shall be free and clear of all liens and encumbrances including special assessments as evidenced by an up-to-date abstract of title or registered property abstract to be submitted at the applicant's cost to the City for its examination. (3) Such dedication shall be in the form and manner as prescribed by the City. (v) Where fees are not specifically stated in this Ordinance, said fees shall be established by resolution of the City Council, which may be revised from time to time. (w) In the event the City waives the requirement that an applicant or developer proposing to subdivide land plat the same, the City Council may require the applicant or developer, as a condition of granting such waiver, to dedicate parks (or pay cash in lieu thereof), trails, and open space in a manner consistent with the provisions of this Ordinance. (x) Park, Trail, and Recreational Area Maintenance/User Fee. (1) It is the goal of the City to levy an amount (to be determined by the City Council) per lot to assist the City with on -going maintenance and improvement costs. SECTION 3. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 21 st day of August 2000. CITY OF ALBERTVILLE By: ATTEST: John A. Olson, Mayor M Linda Goeb, City Administrator PC: Mike Couri, Pete Carlson it W .J Ca G a C m .n m cu .0 4) 7 > EF? 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A-ALBEV 0103.00 OPINION OF PROBABLE COST 8/15/00 ITEM NO. ITEM DESCRIPTION UNIT OF MEASUREMENT APPROXIMATE QUANTITY UNIT PRICE TOTAL GENERAL 1 MOBILIZATION LUMP SUM 1.00 $10,000.00 $10,000.00 2 COMMON EXCAVATION CU YD 5,500.00 $1.00 $5,500.00 3 SELECT BORROW CU YD 8,850.00 $3.00 $26,550.00 4 SILT FENCE LIN FT 200.00 $2.00 $400.00 STORM 5 15" HDPE STORM SEWER LIN FT 424.00 $18.00 $7,632.00 6 18" HDPE STORM SEWER LIN FT 157.00 $20.00 $3,140.00 7 15" HDPE APRON EACH 1.00 $300.00 $300.00 8 18" HDPE APRON EACH 1.00 $350.00 $350.00 9 HDPE DRAINAGE STRUCTURE EACH 5.00 $500.00 $2,500.00 10 RIP RAP, CLASS II CU YD 10.00 $50.00 $500.00 BALLFIELDS 11 REC ROCK TON 3,620.00 $30.00 $108,600.00 12 BACKSTOP FENCE LIN FT 254.00 $75.00 $19,050.00 13 V CHAINLINK FENCE LIN FT 2,247.00 $12.00 $26,964.00 14 IRRIGATION SYSTEM LUMP SUM 1.00 $20,000.00 $20,000.00 15 SEED MIXTURE 500 POUND 370.00 $4.00 $1,480.00 RESTORATION 16 SEEDING ACRE 8.30 $200.00 $1,660.00 17 SEED MIXTURE 800 POUND 350.00 $2.00 $700.00 18 MULCH MATERIAL TYPE 1 TON 14.40 $150.00 $2,160.00 19 DISC ANCHORING ACRE 7.20 $70.00 $504.00 20 COMMERCIAL FERTILIZER POUND 2,880.00 $0.30 $864.00 CONSTRUCTION $238,854.00 ~civ ad Oil, 3 zb '-Tv w x �= ¢ Zto $ 3j 9 eal I 3k3�� /�Xb3a s:�d� 0 C/) W zz z g _n o _ W 0 n- o O U W m Q �J z J w W LL m LLJ U- 0 0 � C0n 06 J m W U) rr co Q O n W W � U 0 0 CO o 0 CV I�i� I "tio Y F m I P g s ! e e d qq �9 s Z O Q U O L .0 3nN3AV b3GNVI 0 Lj LL) ¢ZZ w V) 91, O>0 w CL cr ------------ ul --�� j t � ' � �.. �� Imo- ' 77-... -D - - -p- - - 1 z 9ss 9S6- - - - - - SS6 eig TT v -- — — — — — -- — — — — — — T T — — — — — — — — — — — — — — X it it TFM. ------------ --------------------- - J O Z QQZ_ 2 (7 J z Z J J a cn F-- LL 0 V) a��gy • 2x iMb � sxae LLI o� aso LL Z E J a W J W W 4vo8 0 O J LL 0 0 Y cn InZZ awZ Ups � QL N 2 W m WS a��ay �Q�aa .b� aWig �57E' S3_x g ):Mb3o "SWALK2" DRAFT 2-24-94 REV 3-7-94 REV 11/10/94 REV 2-1-95 CITY OF PRIOR LAKE SIDEWALK POLICY COMPREHENSIVE PLAN 2010 SIDEWALK SYSTEM: Sidewalks are an integral component of development in Prior Lake. Several segments of the community wide sidewalk system have been constructed or are planned, in the Town Center and Priordale Business Districts, along Fish Point Road, Franklin Trail, C.R. 21, Carriage Hills Parkway, Duluth and Toronto Avenue, to name a few. Sidewalks provide a circulation network for pedestrians, and they separate pedestrian traffic from vehicular traffic on streets with significant vehicular volume. The development of a sidewalk system promotes objectives of the Comprehensive Plan: To provide opportunities for face-to-face contacts between residents in order to foster a sense of community, security, and well being. The Park and Recreation trail system serves a separate function from the sidewalk system in that trails are intended to provide links between residential areas and recreation facilities and to provide a means to enjoy the natural amenities of City parks. The purpose of sidewalks are to provide internal links, separate from street systems, to connect individual residential and commercial projects to community facilities. Sidewalks provide linkages between residential developments, recreation areas, business and industrial centers, schools, and churches. A well integrated, comprehensive sidewalk system will provide good access and help sustain market strength for community facilities. IMPLEMENTATION: The development of a comprehensive community -wide sidewalk system should coincide with future roadway installation/upgrade, and development of individual projects. Connections to existing sidewalks will be required. The provision for connections to community facilities should be a consideration of City approval of all development projects. Implementation of the comprehensive sidewalk system will occur over an extended period of time. The City should develop a sidewalk system map which corresponds to road classifications and indicates the priority existing neighborhoods and centers have for sidewalk construction. Specific areas where development is anticipated should be considered as part of the Capital Improvements Program during the annual budget process. The funding should also correspond to the development schedule proposed by the Scott County Highway Department and MNDot for the upgrade of existing streets within the City limits. The Engineering, and Park Departments should be responsible for fiscal planning and implementation of the sidewalk policy. SUBDIVISION ORDINANCE 87-10: SECTION 6-7-3 - SIDEWALKS: (A) PURPOSE: The intent of this chapter is to provide guidance for sidewalk construction and to accommodate a range of options rather than impose inflexible requirements. For example, the location of sidewalks within a project should be determined based upon the location of community facilities adjacent to the development project for which the sidewalk is intended to connect. The intended or expected use of the sidewalk should suggest the width, location, relationship to the roadway and use of alternative materials such as brick pavers, colored concrete, exposed aggregate or other concrete material. (B) OBJECTIVES: 1. Sidewalks are desirable improvements for all multiple residential, commercial/industrial projects, adjacent to schools, churches, shopping facilities and as internal walkway systems within residential developments. 2. Sidewalks are encouraged to separate pedestrians from vehicular traffic, thereby affording more safety for pedestrians; to encourage a pedestrian mode of transportation, which conserves energy by decreasing automobile usage; and to provide a safer area for handicapped persons to travel and for children to walk and play upon. The emphasis of sidewalk construction should be on improving the pedestrian experience by provision of landscaping, such as boulevard trees, and to provide safe crossings, through the use of landscaped medians, brick pavers at street crossings or use of colored and stamped concrete to physically and aesthetically identify the pedestrian cross walk separate from the street system. (C) REQUIRED SIDEWALKS: 1. Sidewalks shall be required for all projects where a means of pedestrian access is deemed necessary, by the City Council, from the development to schools, parks, churches, business or industrial developments, adjacent neighborhoods, transportation facilities, or for unusually long blocks, in order to meet the purpose and objectives of this Ordinance. Table 1 contains the guidelines related to the location, installation and maintenance of sidewalks within the City of Prior Lake. 2. An option to traditional sidewalks is the provision of paved or concrete paths that may not strictly follow the street. They may be slightly winding paths located within the street right-of-way or walkways that, well removed from the street, weave their way through a neighborhood. For aesthetic reasons, bituminous material may not used for paths to be located within the front yards of residential properties. 3. Paths in common areas or other locations away from streets, generally should be integrated into the detailed area plan or layout, permitting visual surveillance of the sidewalk from the street or nearby houses. The opportunity for surveillance is an important factor for user safety and security. (D) STANDARDS: Sidewalks will normally be made of concrete, five feet wide, although there may be occasions in high intensity areas where safety is a concern, when an eight foot concrete sidewalk will be required. Examples include: Commercial/industrial areas, multi -family areas and school zones. 2. Sidewalks should be located within a public right-of-way, public easement, or common area, at least one (1') foot inside of the right-of-way line. A border area or grass strip located between the street edge of the sidewalk and curb face is desirable in most project areas. See Engineering Design Guidelines Manual, Template for a detail related to the border/grass strip design. The grass strip provides a visual break between the paved surface of the street and sidewalk; a suitable location for planting of boulevard trees, landscaping, snow storage, and provides pedestrian safety by further moving the sidewalk from the road surface. 3. Along certain streets, a continuous sidewalk, without a grass strip may be appropriate where pedestrian traffic is considerable and where the City Council determines that turf maintenance will likely be a problem. 4. Sidewalk street crossings should be located at a point along the road that offers adequate sight distance as determined by the City Engineer. Barrier curbs (vertical curb) 6 inches high with steep sides are desirable along streets adjacent to sidewalks to prevent vehicles from leaving the roadway. Barrier curbs control drainage, protect pavement edges and protect sidewalks, lawns, pedestrians, street trees, utilities and signs from encroachment by vehicles. Barrier curbs establish a positive limit of vehicle encroachment on the border area, minimizing parkway erosion and reducing the probability of vehicles sliding off the roadway under unfavorable pavement and weather conditions. Barrier curbs also protect grass and landscaping from damage by snowplows. 6. Curb cuts shall be provided for bicycles, wheelchairs, baby carriages, and other wheeled vehicles. MnDOT Standard Plate 7036D should be used as the standard for design and installation of curb ramps compliant with the Americans with Disabilities Act (ADA) requirements. In addition, the following principles should be observed in considering ramp construction. a) A curb cut ramp should be located close to the intersection to keep the width of the crosswalk to a minimum. Minor obstacles such as mail boxes or newspaper dispensers, etc., should not be used as an excuse to omit the curb cut. b) Ramps should be constructed by depressing the curb and sidewalks to the height required for achieving the ramp slopes and landing areas needed for safe pedestrian and wheelchair movement and consistent with ADA requirements. c) The surface of the ramp should be rougher than the texture used on the surrounding sidewalk. Obtained by coarse brooming or scoring transverse to the slope of the ramp, the sight -impaired pedestrians of the ramp. 7. When sidewalks cross streets, a treatment to identify the crosswalk as approved by the City Engineer, shall be installed by the Developer. Typical crosswalk treatment consists of striping per applicable State Standards. In developments where sidewalks are near schools, parks, churches, businesses, and unusually long blocks, a crosswalk treatment of landscaped medians separated by colored stamped concrete, signs, or other treatment may be required by the City Council. In development projects that contain hills or steep topography the sidewalk pattern should conform as closely as possible to the standards found herein and to connecting walkways. 9. The City Council may allow sidewalks to be narrower than otherwise required to fit the terrain. STREET TYPE Local Minor Collector Major Collector Minor Arterial Major Arterial Principle Arterial CITY OF PRIOR LAKE TABLE 1 # SIDEWALKS INSTALLATION 1 1 or 2 BOTH PAID BY SIDE SIDES SIDES DEV./CITY/* X Developer X Developer X City/* X City/* X City/* X City/* MAINTAINED BY OWNER/CITY Owner Owner/City City City City City * Other jurisdiction such as MNDOT/Scott County etc... **If improvement is not listed in the City CIP, the developer will be responsible for cost and installation of sidewalk system. V y O en y YI � v c E 3 pIL `0 .Y Or d 11 A d F O` E O m m pp� a N m N JE ry iL c cD 49 g S $ p N v p4 ` — N dl O O 'l� iC �G L .tea 'pi _— •- 9y�_ _c �� m s �o � �� = II � cSY o '� a b A o �° � __ = m g� 9 d b ry a' y .i cr � _ ° $ q.2 O V a • m � 4 .P � E � a ° A c � � 2� � r d d < m m m m � m u � u w tiu is V � Y u N e = W 1L a S a o 4 0 E N C (j d r � La-" a. c v c _ Id c O1 v -.� V * o O 9 H G S g "vC A 5 y q W yCy 11 W � N 0> d g V p V- - O YZ R hl � gal (V - N h R A c c 1 o c L�I/B� v/ �, U CJ 1� D Oeq po p o a o 0 o rn 0p o 0 p0 o a m / o� CL o a ,.xzi S6 a a 1Z MEMORANDUM COMMUNITY PLAN N I NG - UESIG N - MAKFCt 1 KtbtAKG 1-I TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: August 2, 2000 RE: Survey regarding Garage and House size FILE NO: 163.05 general Councilmember Vetsch requested a survey of regulations from other communities regarding garage size and minimum square footage for a house. In the table below is a summary of the findings. Garage Size - Home Size Survey COMMUNITY MAXIMUM MINIMUM SQUARE FEET SQUARE FOR ATTACHED FOOTAGE FOR GARAGE SINGLE FAMILY HOME Albertville 1000 sq. ft. 1040 sq. ft (three bedroom Rogers 950 sq. ft. 960 sq. ft. St. Michael 1200 sq. ft. 800 sq. ft. Otsego 1000 sq. ft. (may 1040 sq. ft. (three increase subj. to bedroom) CUP Corcoran 1000 sq. ft. (may 1,100 sq. ft. attach allowable (rambler) detached sq. ft. Delano 1000 sq. ft. none Buffalo 900 sq. ft. 1040 sq. ft. ( three bedroom Monticello 400 sq. ft. 1000 sq. ft. minimum Albertville regulations are consistent with the regulations of other communities. Staff will be available to answer questions the Council may have on this information. 2000 City Park Improvements 8/15/00 Albertville, MN SEH NO. A-ALBEV 0103.00 OPINION OF PROBABLE COST ITEM NO. ITEM DESCRIPTION GENERAL 1 MOBILIZATION 2 COMMON EXCAVATION 3 SELECT BORROW 4 SILT FENCE STORM 5 15" HDPE STORM SEWER 6 18" HDPE STORM SEWER 7 15" HDPE APRON 8 18" HDPE APRON 9 HDPE DRAINAGE STRUCTURE 10 RIP RAP, CLASS II BALLFIELDS 11 CRUSHED LIMESTONE 12 BACKSTOP FENCE 13 6' CHAINLINK FENCE 14 IRRIGATION SYSTEM 15 SEED MIXTURE 500 RESTORATION 16 SEEDING 17 SEED MIXTURE 800 18 MULCH MATERIAL TYPE 1 19 DISC ANCHORING 20 COMMERCIAL FERTILIZER UNIT OF APPROXIMATE MEASUREMENT QUANTITY UNIT PRICE TOTAL LUMP SUM 1.00 $10,000.00 $10,000.00 CU YD 5,500.00 $1.00 $5,500.00 CU YD 8,850.00 $3.00 $26,550.00 LIN FT 200.00 $2.00 $400.00 LIN FT 424.00 $18.00 $7,632.00 LIN FT 157.00 $20.00 $3,140.00 EACH 1.00 $300.00 $300.00 EACH 1.00 $350.00 $350.00 EACH 5.00 $500.00 $2,500.00 CU YD 10.00 $50.00 $500.00 TON 1,810.00 $25.00 $45,250.00 LIN FT 254.00 $75.00 $19,050.00 LIN FT 2,247.00 $12.00 $26,964.00 LUMP SUM 1.00 $20,000.00 $20,000.00 POUND 370.00 $4.00 $1,480.00 ACRE 7.20 $200.00 $1,440.00 POUND 350.00 $2.00 $700.00 TON 14.40 $150.00 $2,160.00 ACRE 7.20 $70.00 $504.00 POUND 2,880.00 $0,30 $864.00 CONSTRUCTION $175,284.00 y� � N m � n i 1 .. 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C x N �=g�m �mzK i i zm�C H�voYn' m ran aC au� —v—srri —zo gym$ r�A 'n N 2 c m �a m m ^� m oT S�lya O titi m 2 m K K SmgNK� N � N toN p WZ A Oa O � y yy� cZxs °• rraf o W D 'n m r- O 0 D r rm D V ' =l M*� 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 certil ication of the City 1=�n-ineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. 5. 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 NlLmicipal Improvements and on- and off -site improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction requcst(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) clays of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follovys: 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 im�)rovements have been installed, the letter of credit or surety may be rl—Aiced 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, 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 bil ied 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 cicvclopment ot" the Subject Property, the City's costs and expenses related to �;ttorncv'<; 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. Develops r agrees to pay all costs the City may incur in taking whatever action is reasonabl:, necessary to provide ground -cover and otherwise restore Said Plat to the point :.here undeveloped grounds are level and covered with permanent vegetation sufficient to preye!it continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the ,vyent that said costs are not paid, the City may withdraw fiords from the above -mentioned stirer_v 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 -�yill reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of dais 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 Improvcnlents described above. Developer agrees to pay all such costs within 3o d«vs of billing, by the City. If Developer fails to pay said amounts, Developer t=> allow t; is City to reimburse itself from said surety and/or assess the amount owed a�rai nst anv or all of the Said Plat without objection. Developer has the right to request time sheets or work records to verify said billing prior to payment. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as sho�vr. o!,: the approved Grading, Drainage and Erosion Control Plan shall be stric 'y con;plicd as set F_)rth in the attached Exhibit C. Developer shall also install al erosion control measures deemed necessary by the City Engineer should the erosion control plan provc, inadcquate in any respect. 9. Ditch Cleaning. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shill make any neccssary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 10. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property clamaged or cluttered with debris when occurring as a direct or indirect result of the constriction that takes place in Said Plat. Developer agrees to -'lean 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 Nvill 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. 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 necessarti 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. 11. 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. 12. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work be done al Developer's expense. B. 1 `.iriy portion, section. subsection, sentence, clause, paragraph or phrase of th Contract is for any reason held invalid by a Court of competent ,iurisdiction, such decision shall not affect the validity of the remaining 1)(' 01ion of this Contract. C. Ir building per niits 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, materialtnen, employees, agents, or third parties. D. f!` c- action or inaction of the City shall not constitute a waiver or amendment to -_he provisions of this Contract. To be binding, amendments or waivers ..III 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 r;,is Contract shall not be a Nvalver or release. E. ":pis Contract s )all run with the land and shall be recorded against the title to ti property. :11 fter the Developer has completed all work and obligations rcc,uired of it under this Contract (including the expiration of the warranty pc%-Iod), at the Developer's request, the City will execute and deliver to the Di_�veloper a release of its obligations under this Agreement. F. Developer represents to the City that Said Plat complies with all City, mty state and federal laws and regulations, including but not limited to: �,i�division ordinances, zoning ordinances, and environmental regulations. If Li e City determines that Said Plat does not comply, the City may, at its o p� ion, refuse to alloy., construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease ,,\ 1._;rk until there is compliance. G. ': -or to the execution of this Agreement and prior to the start of any istruction on the S---ibject Property, Developer shall provide the City with c\ idence of good and marketable title to all of Subject Property. Evidence of ,rood and marketable title shall consist of a Title Insurance Policy or C ommitment from a national title insurance company, or an abstract of title ,,,dated by an abstract company registered under the laws of the State of nnesota. 9 Ft. D v,eloper shall comply %vith all water, ponding and wetland related re:;trictions, if <<ny, required by the Wright County Soil and Water Conservation District and/or the City and any applicable provisions of State lax. [-iic 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 ?_ iav the issuance of building permits for some lots within Said Plat. 1. Veloper shag! not place any structure at an elevation such that the lowest 7� ade opening s less than two feet above the highest known surface water 011-el 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 .� atcr levels is not available, the elevation of the line of permanent aquatic ,:�_,etation 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. 13. Draw on Expiring Letter of Credit. In the event a surety referred to herein is in the form of an i ,-revocable letter of credit, which by its terms may become null and void prior to the t me at which all monetary or other obligations of the Developer are paid or completed. it is agreed that the Developer shall provide the City with a new letter of credit or oVhcr surety, acceptable to the City, at least forty-five (45) days prior to the expiration o' the expiring letter of credit. If a new letter of credit is not received as required abe c, the City may declare a default in the terms of this Agreement and thence draw in part ;)r in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of )_rcty for the continued obiigation. The form of said irrevocable letter of credit must c approved by the City Attorney prior to its issuance. 14. Violation of _agreement. A. i n the case of default by the Developer, its successors or assigns, of any of the enants and agreements herein contained, the City shall give Developer 10 ( 0) days mailed notice thereof via certified mail (unless specific r�ricdial City action is permitted in a shorter time under other provisions of .s agreement), and i f such default is not cured within said thirty (30) day riod. the City is hereby granted the right and the privilege to declare any is ticiencies governed by this Agreement due and payable to the City in full. ;c thirty (30) day notice period shall be deemed to run from the date of (icposit in the United States Mail. Upon failure to cure by Developer, the City thence immediately and without notice or consent of the Developer use of the deposited cash, irrevocable letter of credit or other surety funds to c:mplete the Developer's obligations under this Agreement, and to bring legal action against the Developer to collect any sums due to the City pursuant to ti�is Agreement, plus all costs and attorney's fees incurred in enforcing this greement. B. ragraph 14A of this section shall not apply to any acts or rights of the City c!cr the preceding paragraph 13 above, and no notice need be given to the eloper as a condition precedent to the City declaring a default or drawing on the expiring irrevocable letter of credit as therein authorized. The City elect to Qive notice to Developer of the City's intent to draw upon the -ty Nvithout waiving the City's right to draw upon the surety at a future c without notice to the Developer. C. > each of any, of the terms of this Contract by the Developer shall be grounds denial ofbuilding permits. 15. Dedications to the City-. A. '� l u nicipal Improvement Dedications. Developer, upon presentation to the City of evidence of good and n�:arketable title to Subject Property, and upon completion of all construction ork and certification of completion by the City Engineer, shall dedicate all i',lds, road and trail right-of-ways, curbs, gutters, ponds, sewers and water ins to the City. Upon acceptance of dedication, Developer shall provide to City "As-Builts" all sewers, water mains, and roads. Acceptance by ity of any dedication shall occur upon passage of a resolution to such effect the City Council. B. <'11 rk Dedications 11 ?e eloper acknowledges rind agrees that in order to satisfy the City's park ,e(ication requirements for Said Plat, Developer shall pay the City a cash �a_ mcnt totaling S20,500 (16 lots x S 1,300.00 per lot) prior to release of '-;aid Plat by the City. 16. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may re; isc, to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases i':iav not proceed until Development Contracts for such phases are approved by the ( ity. Approval of this phase of the Development shall not be construed as approva 1 of future phases nor shall approval of this phase bind the City to approve fiiture Development phases. Al I future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinar eI in effect at the time such future Development phases are approved by the City. 17. IndemnitN . Developer shall hold the City and its officers and employees harmless from claims mac by Developer and third parties for damages sustained or costs incurred resulting fr..5n Said Plat approval and development. The Developer shall indemnify the City and it,of'-beers and employees for all costs, damages or expenses which the City may pay o incLir in consequence of such claims, including attorney's fees. Third parties shall have :o ;'ccourse against the City under this contract. 18. Assignmei,t of Contract. The obligations of the Developer under this Contract cannot be assigned ,vi :heat the express written consent of the City Council through Council resolution.. 19. Limited Appr oval. Approval of this Agreement by the City Council and issuance of the Conditiomd L'se Permit which is the subject of this agreement in noway constitutes approval of an thing other than that vy iuch is explicitly specified in this Agreement. 20. ProfessionA Fees. The Developer %,ill pay all reasonable professional fees incurred by the City as a rLsllit of City efforts to enforce the terms of this Agreement. Said fees include attorney's fees. e- ggincer's fees, planner's fees, and any other professional fees incurred by theCity in attcnptinC7 to enforce the terms of this Agreement. The Developer will also pay all reasonable ,ittorney's and professional fees incurred by the City in the event an action is brought upon Ic-ter of credit or other surety furnished by the Developer as provided herein. 21. Plans Att�iched as Exhibits. All plans attached to this Agreement as Exhibits are 12 incorhVrattA l into th], :�\greenient by reference as they appear. Unless otherwise spec]'tip d in this Agreement, Developer is bound by said plans and responsible for implen;cii,mtion of said plans as herein incorporated. 22. Integration Clause, Modification by Written Agreement Only. This Agreement represe;lts the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modi licati:-,n of this Agreement may occur only if in writing and signed by a duly authorized anent of both parties. 23. 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: (763) 497-3384 Doug P. Psyk and Beatrice E. Psyk P.O. Box 195 AIbertville, MN 55301 Telephone: (763) 497-2753 24. Agreement Effect. This Agreement shall be binding upon and extend to the represe11tatv es, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk 13 PSYK DEVELOPMENT CORPORATION 13 Douglas P. Psyk Its President DOUGLAS P. AND BEATRICE E. PSYK Douglas P. Psyk Beatrice E. Psyk STATE OF ` ItN ESOTA ) SS. COUNTY OF WI�IGHT ) The instnunent was acknowledged before me this day of __ ___ _ _ _, 2000, by John Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF II\` ESOTA ) ) ss. COUNTY OF WlZIGHT ) The foregoing instnimcnt was acknowledged before me this day of 2000, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota niLulicipal corporation, on behalf of the city and pursuant to the authority of the City Cormcil. Notary Public 14 STATE OF .\fIti\ESOTA ) } ss. COUNTY Oi �VR(GHT ) The foregoing.; instnrment was acknowledged before me this day of 2000, by Douglas P. Psyk, individually and as president of Psyk Development Cor;)oration. Notary Public STATE OF `IINNESOTA ) ) ss. COUNTY OF WRIGHT ) The fore�eML, instniment was acknowledged before me this day of 2000. by Beatrice E. Psyk. DRAFTED Wi l . Couri and MacArthtir Law Office P.O. Box 369 705 Central avenue East St. Michael, MN 55376 (612)497-1930 Notary Public 15 EXHIBIT A TO DEVELOPER'S AGREEMENT The lc, -,a] cicscription of the property to which this Developer's Agreement applies is as follows: Lots 1-6, B 1 ock 1, and Lots 1-10, Block 2, Psyks Eighth Addition, City of Albert% illc. Wright County, Minnesota. 16 6d6)= CONTRACT FOR PRIVATE DEVELOPMENT By and Between CITY OF ALBERTVILLE, MINNESOTA and MOLD -TECH, INC. Dated as of: , 2000 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Telephone: 337-9300 DIG-1760600 AL141-27 Section 1.1. Definitions ............. TABLE OF CONTENTS Page ARTICLE I Definitions ............................................................................................... 2 ARTICLE II Representations and Warranties Section 2.1. Representations by the City........................................................................................ 5 Section 2.2. Representations and Warranties by the Developer .................................................... 5 ARTICLE III Acquisition and Conveyance of Property; Assessments and Land Acquisition Section 3.1. Acquisition and Conveyance of the Development Property ..................................... 7 Section 3.2. Site Improvements...................................................................................................... 7 Section 3.3. Financing of Land Acquisition and Site Improvements ............................................. 7 Section3.4. Records...................................................................................................................... 8 Section3.5. Soil Conditions.......................................................................................................... 8 Section 3.6. Business Subsidy Agreement.................................................................................... 8 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements................................................................ 11 Section 4.2. Construction Plans.................................................................................................. 11 Section 4.3. Commencement and Completion of Construction..................................................11 Section 4.4. Certificate of Completion........................................................................................ I I ARTICLE V Insurance and Condemnation Section5.1. Insurance................................................................................................................. 12 ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes.......................................................................... 14 Section 6.2. Use of Tax Increments............................................................................................ 14 DJG-176060v1 i AL141-27 ARTICLE VII Prohibitions Against Assignment and Transfer; Indemnification Section 7.1. Representation as to Development....................................................................... 15 Section 7.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement........................................................................15 Section 7.3. Release and Indemnification Covenants.............................................................. 16 ARTICLE VIII Events of Default Section 8.1. Events of Default Defined.................................................................................... 18 Section 8.2. Remedies on Default............................................................................................ 18 Section 8.3. No Remedy Exclusive..........................................................................................18 Section 8.4. No Additional Waiver Implied by One Waiver...................................................18 ARTICLE IX Additional Provisions Section 9.1. Conflict of Interests; City Representatives Not IndividuallyLiable...................................................................................19 Section 9.2. Equal Employment Opportunity.......................................................................... 19 Section 9.3. Restrictions on Use 19 Section 9.4. ............................................................................................... Provisions Not Merged With Deed ...................................................................... 19 Section 9.5. Titles of Articles and Sections 19 Section 9.6. ............................................................................. Notices and Demands Section9.7. ...........................................................................................19 Counterparts ......................................................................................................... 20 Section9.8. Recording............................................................................................................. 20 Section 9.9. Choice of Law & Venue Section9.10. ....................................................................................... Binding Effect 20 Section9.11. ....................................................................................................... Headings 20 Section 9.12. ................................................................................................................ Entire Agreement 20 Section9.13. .................................................................................................. Severability 20 .................................................................................................. 20 EXHIBIT A Description of Property EXHIBIT B Certificate of Completion EXHIBIT C Authorizing Resolution DJG-176060vl AL141-27 11 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made on or as of the _day of , 2000, by and between THE CITY OF ALBERTVILLE, MINNESOTA, a statutory city , under the laws of Minnesota (the "City"), MOLD -TECH, INC., a Minnesota corporation (the "Developer"). RECITALS WHEREAS, pursuant Minnesota Statutes, Sections 469.124 through 469.134 (the "Act"), the City has undertaken a program to promote economic development and job opportunities and to promote the development of land which is underutilized within the City, and in this connection created the Development District No. 1 (hereinafter referred to as the "Project") in an area (hereinafter referred to as the "Project Area") located in the City and a Tax Increment Financing District No. 10 (the "TIF District") within the Project Area, all pursuant to the Act and Minnesota Statutes, Sections 469.174 to 469.179; and WHEREAS, 'the City is authorized to undertake certain activities to prepare such real property for development by private enterprise; and WHEREAS, in order to achieve the objectives of the Project Plan the City is prepared to reimburse certain land acquisition and development costs of the Project, in order to bring about development in accordance with the Development Plan and this Agreement; and WHEREAS, the City believes that the development of the Project Area pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: DJG-176060v1 AL141-27 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authorizing Resolution" means the resolution adopted by the City attached hereto as Exhibit C. "Available Tax Increment" means, as determined on each date on which payment of the principal or and interest on the Note is due, 100 percent (100%) of the Tax Increment with respect to the Development Property as calculated by the County and paid to the City during the preceding six months. "City" means the City of Albertville, Minnesota. "Certificate of Completion" means the certification provided to the Developer pursuant to Section 4.4 of this Agreement. "City Development District Act" or "Act" means Minnesota Statutes, Sections 469.124 through 469.134, as amended. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed on the Development Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following: (1) site plan; (2) landscape plan; and (3) such other plans or supplements to the foregoing plans as the City may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. The Construction Plans for any building to be constructed on the Development Property shall additionally include the following: (1) foundation plan; (2) basement plans; (3) floor plan for each floor; (4) cross sections of each (length and width); and (5) elevations (all sides); "County" means the County of Wright, Minnesota. "Developer" means Mold -Tech, Inc., or its permitted successors and assigns. "Developer's Agreement" means that agreement by the Developer in favor of the City, dated , 2000 and recorded with the County as document number DJG-176060v1 2 AL141-2? "Development Property" means the real property described as such in Exhibit A of this Agreement. After construction of the Minimum Improvements, the term means the Development Property as improved. "Development Plan" means the City's Project Plan for Development District No. 1, as amended, and as it may be further amended. "Event of Default" means an action by the Developer listed in Article IIX of this Agreement. "Holder" means the owner of a Mortgage. "Minimum Improvements" means construction of an approximately square foot manufacturing facility. "Note" means a Tax Increment Revenue Note in the form contained in the Authorizing Resolution. "Project" means the City's Development District No. 1. "Project Area" means the real property located within the boundaries of the Project. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Development Property and which is remitted to the City as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended. "Tax Increment District" or "TIF District" means the City's Tax Increment Financing District No. 10. "Tax Increment Plan" or "TIF Plan" means the City's Tax Increment Financing Plan for Tax Increment Financing District No. 10, as approved September 21, 1998 and as may be amended. "Tax Official" means any County assessor, County auditor, County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Termination Date" means the earlier of February 1, 2010, or the date on which the Developer has been fully reimbursed for the Land Acquisition and Site Improvement Costs (as defined in Section 3.2 of this Agreement) in accordance with the terms and conditions of this Agreement. DJG-176060vl 3 AL141-27 "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties -which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement. DJG-176060v1 4 AL141-27 ARTICLE lI Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the City are undertaken for the purpose of fostering the development of certain real property which for a variety of reasons is presently unutilized and underutilized, and for the purpose of promoting economic development and the creation of employment opportunities. Section 2.2. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer has power to enter into this Agreement. (b) The Developer will cause to be constructed, operated, and maintained the Minimum Improvements in accordance with the terms of this Agreement, the Development Plan, and all local, state, and federal laws and regulations (including, but not limited to, environmental, zoning, building code, and public health laws and regulations). (c) The Developer has received no notice or communication from any local, state, or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the City is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state, or federal environmental law, regulation or review procedure. (d) The Developer will cause the Minimum Improvements to be constructed in accordance with all local, state, and federal energy -conservation laws or regulations. (e) The Developer will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by, or conflicts with or results in a breach of the terms, conditions, or provisions of any restriction or any evidences of indebtedness, DJG-176060v1 5 AL141-27 agreement, or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (g) Whenever any Event of Default occurs and if the City shall employ attorneys or incur other expenses for the -collection of payments due or to become due, or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer agrees that it shall, within ten days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. (h) The proposed development by the Developer hereunder would not occur but for the tax increment financing assistance being provided by the City hereunder. (i) The Developer undertook acquisition of the Development Property and construction of the Minimum Improvements in express reliance on the anticipated execution of this Agreement. DJG-176060vl 6 AL141-27 ARTICLE III Acauisition and Conveyance of Property; Assessments and Land Acquisition Section 3.1. Acquisition and Conveyance of the Development Property. As of the date of this Agreement, the Developer has acquired fee title to the Development Property. The City has no obligation to acquire any interest in the Development Property Section 3.2. Site Improvements. (a) In order to make development of the Minimum Improvements economically feasible, the City will reimburse the Developer, in the manner set forth herein, for up to $180,000 of the Land Acquisition and Site Improvement Costs, hereby defined as up to $130,000 of the cost of acquiring the Development Property (the "Land Acquisition Costs") plus up to $50,000 of the costs of grading, excavation, landscaping, and construction of parking facilities (the "Site Improvements") (the costs of making the Site Improvements are referred to herein as the "Site Improvement Costs"); provided that all such costs are incurred by the Developer and designed to serve the Minimum Improvements. In no case shall the City reimburse the Developer for more than $180,000 of the Land Acquisition and Site Improvement Costs incurred by the Developer, in the individual amounts shown. Any Land Acquisition and Site Improvement Costs in excess of this amount shall be the responsibility of the Developer. The City shall have no obligation to the Developer or to any third party with respect to any defects in the construction of improvements financed or reimbursed by the City pursuant to this Agreement. (b) The City will reimburse the Developer for the Land Acquisition and Site Improvements Costs in accordance with the terms and conditions set forth in Section 3.3. Section 3.3. Financing of Land Acquisition and Site Improvements. (a) To finance reimbursement of a portion of the Land Acquisition and Site Improvement Costs, the City shall issue the Note in the principal amount of $180,000 in substantially the form set forth in the Authorizing Resolution attached as Exhibit C. The consideration to the City for the Note shall be the Developer's payment of the Site Improvement and Land Acquisition costs The Note shall be dated as of the date of delivery, shall be payable together with simple interest at a rate of eight percent (8.00%) per annum from the date of issue, and shall have a final maturity no later than February 1, 2010. The Developer expressly accepts all terms of the Authorizing Resolution, which are incorporated herein by reference. (b) The City shall issue the Note within 10 days after satisfaction of the following conditions precedent: (i) the execution of this Agreement; and (ii) the existence of no uncured Event of Default under this Agreement. (c) Proceeds of the Note shall be held by the City and disbursed to the Developer or the Developer's assignee upon the City Representative's receipt and approval of documentation DJG-176060v1 7 AL141-27 in the form of contractor certifications, invoices, lien waivers, and such other documentation as the City Representative requires, submitted by the Developer showing the amount of Land Acquisition and Site Improvement Costs for which payment is sought and that the work for which payment is requested has been completed in accordance with approved plans therefor. For the purposes of the Business Subsidy Act, any proceeds of the Note disbursed to the Developer are deemed a forgivable loan, repayable by the Developer to the City in accordance with Section 3.6 hereof. (d) The Developer understands and acknowledges that the City makes no representations or warranties regarding the amount of Available Tax Increment, or that revenues pledged to the Note will be sufficient to pay all or any of the principal of and interest on the Note. Any estimates of Tax Increment prepared by the City or its financial advisors or other officers, agents, or employees in connection with the TIF District or this Agreement are for the benefit of the City, and are not intended as representations on which the Developer or any purchaser of the Note may rely. Section 3.4. Records. The City may at all reasonable times, after reasonable notice, inspect, examine and copy all books and records of the Developer relating to the Minimum Improvements. The Developer shall use its best efforts to cause the contractor or contractors, all subcontractors, and their agents and lenders to make their books and records relating to the Site Improvements available to the City upon reasonable notice, for inspection, examination and audit. These records shall be kept and maintained by the Developer for a period of four years following completion of construction of the Site Improvements. Section 3.5. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the Development Property or its fitness for construction of the Minimum Improvements or any other purpose for which the Developer may make use of the Development Property, provided further that in any event the Developer further agrees that it will indemnify, defend, and hold harmless the City, and its governing body members, officers, agents, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property. Section 3.6. Business Subsidy Agreement. The provisions of this Section 3.6 constitute the "business subsidy agreement" for the purposes of the Business Subsidy Act. (a) General Terms. The parties agree and represent to each other as follows: (1) The subsidy provided to the Developer includes the Available Tax Increment paid to the Developer for Land Acquisition and Site Improvement Costs, which disbursement represents a forgivable loan that is repayable by the Developer in accordance with this Section. The Available Tax Increment is payable from a portion of the Tax Increments from the TIF District, an economic development tax increment financing district. (2) The public purposes of the subsidy are to promote development of a manufacturing facility in the City, generate spin-off development at a key location in- the DJG-176060v1 g AL141-27 City, increase net _jobs in the City and the State, and increase the tax base of the City and the State. (3) The goals for the subsidy are: to secure development of the Minimum Improvements on the Development Property; to maintain such improvements as.a manufacturing facility for at least five years as described in clause (6) below; and to create the jobs and wage levels in accordance with Section 3.6(b) hereof. (4) If the goals described in clause (3) are not met, the Developer must make the payments to the City described in Section 3.6(c). (5) The subsidy is needed because the Land Acquisition and Site Improvements costs make development of the Minimum Improvements financially infeasible without public assistance, all as determined by the City upon approval of the TIF Plan. (6) The Developer must continue operation of the Minimum Improvements as a manufacturing facility for at least five years after the date of issuance of the Certificate of Completion. (7) The Developer does not have a parent corporation. (8) The Developer has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Development Property or the Minimum Improvements. (b) Job and Wage Goals. The Developer represents and warrants that: (1) Within two years after the date of issuance of the certificate of completion of the Minimum Improvements (the "Compliance Date"), the Developer shall cause to be created at least 1 new full-time equivalent job on the Development Property (excluding any jobs previously existing in the State as of the date of this Agreement and relocated to this site) and shall cause the wages for all employees on the Development Property to be no less than $10.00 per hour, exclusive of benefits. The City may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the City's legislative discretion regarding this matter. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Developer's continuing obligations under Sections 3.6(a)(6) and 3.6(d). (2) In addition to and not in limitation of the provisions of Section 3.6(b)(1), the wages for at least ninety percent (90%) of all employees on the Development Property must at all times prior to the Termination Date be at least equal to one -hundred sixty percent (160%) of the federal minimum wage for individuals over the age of twenty. DJG-176060v1 9 AL141-27 (c) Remedies. If the Developer fails to meet the goals described in Section 3.6(a)(3), the Developer shall repay to the City upon written demand from the City: (1) a "pro rata share" of the amount of any Available Tax Increment disbursed to the Developer for Land Acquisition and Site Improvement Costs under Section 3.3 hereof; (2) interest on the amount in clause (a) at the greater of either percent (8.00%) or the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the date of issuance of the certificate of completion to the date of payment; and (3) any other costs, fees, fines, penalties, reimbursements, or other expenditures made by the City (including but not limited to attorneys fees) because of the Developer's failure to meet the goals contained in this Section 3.6, including but not limited to any failure to maintain the Minimum Improvements as a "qualified manufacturing facility" (as defined by Minnesota Statutes, Section 469.176, subdivision 7) at all times prior to the Termination Date. For purposes of Section 3.6(c)(1), the term "pro rata share" means percentages calculated as follows: (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (iii) if the failure relates to maintenance of the Minimum Improvements in accordance with Section 3.6(a)(6), 60 less the number of months the Minimum Improvements were operated in accordance with Section 3.6(a)(6) (where any month in which the Minimum Improvements is in operation for at least 15 days constitutes a month of operation), commencing on the date of the Certificate of Completion and ending with the date the Minimum Improvements ceases operation in accordance with Section 3.6(a)(6), as determined by the City Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall be construed to limit the City's remedies under Article VIII hereof. In addition to the remedy described in this Section and any other remedy available to the City for failure to meet the goals stated in Section 3.6(a)(3), the Developer agrees and understands that it may not a receive a business subsidy from the City or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Developer satisfies its repayment obligation under this Section, whichever occurs first. (d) Reports. The Developer must submit to the City a written report regarding business subsidy goals and results by no later than —&� I of each year, commencing Feb_ 1, 2001 and continuing until the later of (i) the date the goals stated Section 3.6(a)(3) are met; (ii) 30 days after expiration of the five-year period described in Section 3.6(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.6(c). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the City will mail the DJG-176060v1 1 AL141-27 Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. DJG-176060v1 1 1 AL141-27 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will cause to be constructed the Minimum Improvements on the Development Property in accordance with the approved Construction Plans, and at all times prior to the Termination Date will operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved, and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. Before beginning construction of the Minimum Improvements, the Developer submitted to the City and the City approved the Construction Plans. Section 4.3. Completion of Construction. The Developer completed the construction of the of Minimum Improvements on the Development Property in conformity with the Construction Plans as submitted by the Developer and approved by the City. Section 4.4. Certificate of Completion. (a) Upon request by the Developer, but only if the Developer has substantially completed the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (including the dates for beginning and completion thereof), the City will furnish the Developer with the Certificate attached hereto as Exhibit B. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be substantially completed when the Developer has received an occupying permit from the responsible inspecting authority. DJG-176060vl 1 2 AL141-27 ARTICLE V Insurance and Condemnation Section 5.1. Insurance. (a) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses; (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City as additional insured; and (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may, if permitted by law, be self -insured with respect to all or any part of its liability for workers' compensation. (b) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement, each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Developer either will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Developer will DJG-176060v1 1 3 AL141-27 apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction, and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Developer. (d) The Developer and the City agree that all of the insurance provisions set forth in this Article V shall terminate upon the Termination Date. DJG-176060v1 4 AL141-27 ARTICLE VI Tax Increment: Taxes Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the City is providing substantial aid and assistance in furtherance of the development. The Developer understands that the tax increment intended to pay expenses of the City and the Developer are derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the City to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the City shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Use of Tax Increments. Except for its obligations under this Agreement regarding Available Tax Increment, the City shall be free to use any tax increment received from the Property for any purpose for which such increment may lawfully be used, pursuant to the provisions of Minnesota law, and the City shall have no obligations to the Developer with respect to the use of such increment. DJG-176060v1 1 5 AL141-27 ARTICLE VII Prohibitions Against Assignment and Transfer; Indemnification Section 7.1. Representation as to Development. The Developer represents and agrees that its undertakings pursuant to this Agreement are for the purpose of development of the Development Property and not for speculation in land. Section 7.2. Prohibition Against Developer's Transfer of Property and Assignment of Agreement. The Developer represents and agrees that prior to issuance of the Certificate of Completion for the Minimum Improvements: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perform its obligations with respect to constructing the Minimum Improvements, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, except for any part or portion of the Development Property for which the Developer has received a Certificate of Completion, without the prior written approval of the City unless the Developer remains liable and bound by this Agreement in which event the City's approval is not required. Any such transfer shall be subject to the provisions of this Agreement. (b) In the event the Developer, upon transfer or assignment of the Development Property or any portion thereof, seeks to be released from its obligations under this Agreement as to the portion of the Development Property that is transferred or assigned, the City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer as to the portion of the Development Property to be transferred. (ii) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement as to the portion of the Development Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Developer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise D)G-176060v1 1 i AL141-27 specifically provided in this Agreement or agreed to in writing by the City) deprive the City of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the City would have had, had there been no such transfer or change. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article VII, shall be in a form reasonably satisfactory to the City. In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation under this Agreement, as to the portion of the Development Property that is transferred, assigned or otherwise conveyed. After issuance of the Certificate of Completion for the Minimum Improvements, the Developer may transfer or assign the part or portion of the Development Property for which the Certificate of Completion has been issued without the prior written consent of the City, provided that the transferee or assignee is bound by all the Developer's obligations hereunder. The Developer shall submit to the City written evidence of any such transfer or assignment, including the transferee or assignee's express assumption of the Developer's obligations under this Agreement. If the Developer fails to provide such evidence of transfer and assumption, the Developer shall remain bound by all it obligations under this Agreement. Section 7.3. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants, and employees thereof shall not be liable for, and agrees to defend, indemnify and hold harmless the City and the governing body members, officers, agents, servants, and employees thereof against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or the Development Property. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer agrees to protect and defend the City and the governing body members, officers, agents, servants, and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from DJG-176060vl 17 AL141-27 this Agreement, or the transactions contemplated hereby, or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements and the Development Property. Without limitation of the foregoing, the Developer agrees to protect and defend the City and the governing body members, officers, agents, servants, and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by the State, its agencies, the County, or any other governmental entity seeking recoupment from or repayment by the City of any Tax Increment paid to or expended by the City pursuant to this Agreement or the existence of the TIF District, and to reimburse the City, to the fullest extent permitted by law, for any Tax Increment recouped by or repaid to any of the foregoing entities, and for any penalties, costs, fees and expenses incurred by the City as the result of a finding that this Agreement or the activities undertaken pursuant thereto are in violation of any law, rule, or regulation. (c) The City and the governing body members, officers, agents, servants, and employees thereof shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Development Property, the Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City and not of any governing body member, officer, agent, servant, or employee of the City in the individual capacity thereof (e) Nothing in this Agreement shall be construed to constitute a waiver of any statutory or common law immunity from or limitation on liability to which the City is entitled --under law, including but not limited to those set forth in Minnesota Statutes, Chapter 466. DJG-176060v1 18 AL141-27 ARTICLE VIII Events of Default Section 8.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder, or under the terms of the Developer's Agreement. Section 8.2. Remedies on Default. Whenever any Event of Default referred to in Section 8.1 of this Agreement occurs, the non -defaulting party may exercise its rights under this Section 8.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non -defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under this Agreement until it receives reasonably satisfactory assurances that the defaulting party will cure its default and continue its performance under this Agreement. (b) Cancel and rescind or terminate this Agreement. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. In addition, the City may withhold issuance of a Certificate of Completion upon a default by the Developer. Section 8.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer in this Agreement or the Option Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VIM Section 8.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. DJG-176060v1 19 AL141-27 ARTICLE IX Additional Provisions Section 9.1. Conflict of Interests; City Representatives Not Individually Liable. The City and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or County or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 9.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in this Agreement it will comply with all applicable federal, state, and local equal employment and non-discrimination laws and regulations. Section 9.3. Restrictions on Use. The Developer agrees that the Developer, and its successors and assigns, shall not discriminate upon the basis of race, color, creed, sex, or national origin in the sale, lease, or rental, or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 9.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 9.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at , Albertville, MN 55301; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301, Attn: City Administrator; DJG-176060v1 AL141-27 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 9.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 9.8. Recording. The City may record this Agreement and any amendments thereto with the Wright County recorder. The Developer shall pay all costs for recording. Section 9.9. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. Section 9.10. BindingEffect. ffect. The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties. Section 9.11. Headings. The headings used in this Agreement are solely for convenience of reference, are no part of this Agreement, and are not to be considered in construing or interpreting this Agreement. Section 9.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supercedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. This Agreement may be modified, amended, terminated, or waived, in whole or in part, only by a writing signed by all of the parties. Section 9.13. Severability. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent invalid under applicable law, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or such related document. . DJG-176060v1 21 AL141-27 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) by CITY OF ALBERTVILLE, MINNESOTA By Its Mayor By Its City Administrator The foregoing instrument was acknowledged before me this _day of , 2000 and , the and of the City of Albertville, Minnesota, on behalf of the City. Notary Public DJG-176060vl 22 AL141-27 MOLD -TECH, INC. By Its By Its STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2000 by and and Minnesota corporation. Notary Public day of , , the of Mold -Tech, Inc., a DIG-17606ov1 AL141-27 23 EXHIBIT A DEVELOPMENT PROPERTY That real property in the Wright County, state of Minnesota, legally described as follows: DJG-176060v1 A-1 AL141-27 EXHIBIT B CERTIFICATE OF COMPLETION The undersigned hereby certifies that Mold -Tech, Inc. (the "Developer") have fully complied with their obligations under Articles III and IV of that document titled "Contract for Private Development" dated , 2000 by and between the City of Albertville and the Developer, with respect to construction of the Minimum Improvements in accordance with the Construction Plans, and that the Developer is released and forever discharged from its obligations to construct the Minimum Improvements under Articles III and IV. CITY OF ALBERTVILLE, MINNESOTA By Its Mayor Its City Administrator STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _day of by and the of the City of Albertville, Minnesota, on behalf of the City. Notary Public and DJG-176060vl B-1 AL141-27 EXHIBIT C AUTHORIZING RESOLUTION DJG-176060vl C._ 1 AL141-27 Authorizinz Resolution THE CITY OF ALBERTVILLE, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS $180,000 TAXABLE TAX INCREMENT REVENUE NOTE, SERIES 2000. BE IT RESOLVED BY the City Council ("Council") of the City of Albertville, Minnesota (the "City") as follows: Section 1. Authorization: Award of Sale. 1.01. Authorization. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIF District") within Development District No. 1 ("Project"), and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the City is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City hereby finds and determines that it is in the best interests of the City that it issue and sell its $180,000 Taxable Tax Increment Revenue Note, Series 2000 (the "Note") for the purpose of financing certain costs of the Project. 1.02. Agreement Approved: Issuance Sale and Terms of the Note. The City hereby approves the Contract for Private Development (the "Agreement") between the City and Mold - Tech, Inc. ("Developer"), and authorizes the Mayor and City Clerk -Treasurer to execute such Agreement in substantially the form on file with City, subject to modifications that do not alter the substance of the transaction and are approved by such officials, provided that execution of the Agreement by such officials is conclusive evidence of their approval. The City hereby authorizes issuance of the Note in accordance with terms set forth in this resolution, at a price of par. The Note shall be dated as of the date of delivery and shall bear interest at the rate of 8.00% per annum to the earlier of maturity or prepayment. 1.03. Optional Redemption. The City may prepay the Note in whole or in part, without premium or penalty, on any date. If prepayment is in part, amounts prepaid will be applied first to the outstanding principal amount of the Note and then to accrued interest. Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount and payment schedule adjusted as of DJG-176060vl C-2 AL141-27 the date of issue: UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT THE CITY OF ALBERTVILLE No. R-1 TAXABLE TAX INCREMENT REVENUE NOTE SERIES 2000 Rate 8.00% Principal Amount: Registered Owner: $180,000 Date of Original Issue , 2000 The City of Albertville, Minnesota (the "City"), for value received, certifies that it is indebted and hereby promises to pay to the registered owner specified above, or registered assigns (the "Owner"), but solely from the sources, to the extent and in the manner hereinafter identified, the principal amount specified above together with interest on the outstanding principal sum from time to time at the interest rate specified above, payable on each February 1 and August 1 ("Payment Dates"), commencing August 1, 2000 and continuing through February 1, 2010. Payments shall be applied first to accrued interest, and then to unpaid principal. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon 30 days' written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the date of original issue. Interest shall be computed on the basis of a year of 365 days and charged for actual days principal is unpaid. This Note is subject to prepayment in whole or in part at the option of the City on any date. This Note is one of an authorized issue in the total original principal amount of $180,000 to aid in financing certain development costs of a Project undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the City on , 2000, and pursuant to DJG-176060v1 C-3 AL141-27 and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179. This Note is a limited obligation of the City which is payable solely from Available Tax Increment as defined in the Resolution and a portion of the proceeds of the Note, pledged to the payment hereof under the Resolution, the terms of which are hereby incorporated by reference. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of moneys pledged thereto under the Resolution, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. The City shall pay to the Owner on each Payment Date the amount of Available Tax Increment (together with capitalized interest, if any, deposited in the Debt Service Fund under the Resolution). To the extent that, on any Payment Date, the City does not have on hand sufficient Available Tax Increment together with capitalized interest to make the scheduled payment, the amount of deficiency shall be deferred and paid, without interest thereon, to the extent possible on the next Payment Date on which the City has received Available Tax Increment sufficient to do so. If any amount payable under this Note has not been paid by February 1, 2010 after any payment is made on such date, any amount not paid shall be forgiven and the City shall have no further liability with respect thereto. If as of any Payment Date there is an uncured Event of Default under the Contract for Private Development between the City and Mold -Tech, Inc. ("Developer") dated as of 2000 (the "Agreement"), the City may withhold Available Tax Increment otherwise payable on such Payment Date. If the default is cured in accordance with the Agreement, the Available Tax Increment withheld shall be deferred and paid, without interest thereon, on the next Payment Date after the default is cured. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Owner hereof in person or by the Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred to any person other than an affiliate or other related entity, of the Owner or to the Developer unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. DJG-176060v 1 C-4 AL141-27 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. This Note shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been manually signed by the Registrar. IN WITNESS WHEREOF, the City Council of the City of Albertville, Minnesota has caused this Note to be executed with the manual signatures of its Mayor and Clerk -Treasurer, all as of the Date of Original Issue specified above. City Clerk -Treasurer CITY OF ALBERTVILLE, MINNESOTA Mayor REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City, in the name of the person last listed below. Date of Signature of Registration Registered Owner City Clerk -Treasurer Section 3. Terms. Execution and Delivery. 3.01. Denomination. Payment. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates: Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of DJG-176060v1 C-5 AL141-27 the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The City hereby appoints the City Clerk -Treasurer to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re ister. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person (other than an affiliate, or other related entity, of the Owner, or the Developer) unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum or sums so paid. M Taxes. Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. DJG-176060v1 C-6 AL141-27 (g) Mutilated. Lost. Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. (h) Prepayment. In the event the Note is prepaid, notice thereof will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for prepayment to the registered owner of each Note to be prepaid at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the prepayment of Note. If the Note so called for prepayment it will cease to bear interest after the specified redemption date, provided that the funds for the prepayment are on deposit with the place of payment at that time. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Clerk -Treasurer and shall be executed on behalf of the City by the signatures of its Mayor and Clerk -Treasurer. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered to the Owner or Owners thereof upon payment of purchase price and satisfactions with the conditions of delivery under Section 3.3 of the Agreement. Section 4. Security Provisions. 4.01. Pledge. The City hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment, which term means 100% of the Tax Increment (as defined in the Agreement) that is received by the City in the six-month period immediately before each Payment Date. 4.02. Debt Service Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon remains unpaid (to the extent required to be paid pursuant to this resolution), the City shall maintain a separate and special "Debt Service Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The City irrevocably agrees to appropriate to the Debt Service Fund: (a) Available Tax Increment in the amount necessary to pay principal and interest due on the Note on each Payment Date; and (b) DJc-176060v1 C % AL141-27 all funds remaining in the Project Fund after payment of all Land Acquisition and Site Improvement Costs. Interest earnings on funds in the Debt Service Fund will be credited to that fund. Any funds remaining in the Debt Service Fund shall be transferred to the City's account for TIF District No. 10 upon the payment of all principal and interest to be paid with respect to the Note. 4.03. Proiect Fund. There is hereby created a separate fund known as the "Project Fund", into which shall be deposited the proceeds of the Note, less the amount transferred, if any, to the Debt Service Fund as capitalized interest under Section 4.02(b) of this resolution. Amounts in the Project Fund will be disbursed to the Developer to pay or reimburse Land Acquisition and Site Improvement Costs in accordance with the terms of the Agreement. Interest earnings on funds in the Project Fund will be credited to that fund. Any funds remaining in the Project Fund upon after payment of all Land Acquisition and Site Improvement Costs shall be transferred to the Debt Service Fund. 4.04. Covenants Re arding TIF District. The City covenants that it will not take any action to remove all or any portion of the Development Property (as defined in the Agreement) from the TIF District or alter or impair the collection of Available Tax Increment, including without limitation any modification of the TIF District that would materially affect the amount or timing of receipt by the City of Available Tax Increment. Notwithstanding anything to the contrary herein, any tax increment that is attributable to the Development Property during the six-month period before a relevant Payment Date but is actually received by the City after the relevant Payment Date, shall be Available Tax Increment. 4.05. Investments. All amounts held in the Debt Service Fund and the Project Fund shall be invested in accordance with the provisions of Minnesota Statutes, Chapter 118A, governing the investment of funds of governmental entities. 4.06. Additional Obligations. While the Note is outstanding, the City shall not pledge or permit the pledge of all or any portion of the Available Tax Increment to the payment of principal of or interest on any obligations of the City other than the Note or any obligations issued to refund the Note, unless and to the extent such pledge is subordinate to the pledge to the Note. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the City, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. DJG-176060vl g AL141-27 Section 6. Effective Date. This resolution shall be effective upon full execution of the Agreement. Adopted this day of , 2000. Mayor Clerk -Treasurer DJG-176060v1 C-9 AL141-27 -1 0 00 Dc rZ 0 0 �M m 44 IV A NI 0� C 3; n 40 Oi m 0 m 0 00 r; m 0 c z i I � icnrM 49 w w � N !x0m I o A m r --i j C)� Io i I 1= 1 O EH O X N 0 0_ C om i No AI CNN ADO 4 A� ro to w �n w No o AZoCO W 3 cn 'n !O -4ow1 M oco W o w oN A owo om CD � O' co � W CT o 00 W o A CJt , C) o fn i i I `n O c l�9 I N _ r W CDC D W oOi CA o Vi oA COQ,CO -4 QOZ O � � 0 0 7 o CA POC O. a —4 C) —4 C) I n D 0z ODM NI 69 0cnQ1 N W CA O -i 0 -i O COD CA A O W A N v coCD ZZZ C m X O m -1 M D Z N V 0 X O z n 0 -a CA JUL-28-00 FRI 1:60 PSI WRIGHT CO AUD TREAS FAX NO. 612 682 7873 P, 2 �alley 1998 Population 1999 Population 1999 Households le City 2.393 3,726 1,089 ownship r 1175 1,193 400 e City 2,472 2,496 982 ity 9,675 9,930 3,557 ownship I.635 1,663 534 Township 1.070 1,101 371 Clearwater City 781 830 315 Clearwater Township 1,316 1.362 452 Cokato City 2,480 2,495 97q Cokato Township 1,188 1,196 ti 344 Corinne Township 2,339 2,361 884 Dayton City (part) 54 54 20 Delano City 3,377 31481 1,293 Franklin Township 3,038 3,065 953 French Lake Township 1,078 1,093 385 Hanover City (part) 914 919 325 Howard Lake City 1,749 1,770 710 Maple Lake City 1.528 1,571 575 Maple Lake Township 2,163 2,180 739 Marysville Township 2,117 2,140 692 Middleville Township 970 975 344 Monticello City 7,079 7,756 2,850 Monticello Township 4,334 4,373 1,329 Montrose City 1,054 1.076 401 Otsego City 6,570 6.690 2,085 Rockford City (part) 2,877 3,015 1,125 Rockford Township 3,655 3,678 1,145 St. Michael City 7,643 8,291 2,624 Silver Creek Township 2,239 2,265 765 South Haven City 201 200 78 Southside Township 1,390 1,411 543 Stockholm Township $55 940 271 Victor Township 11154 1458 361 Waverly City 665 692 251 Woodland Township 1,193 1,213 380 TOTAL 34,926 87,779 30,150 FINAL 7.5-00 88 RECEIVE JUL 28 200 The Rivcrkider Heartland Fxpresg bus system is a transportation program that is supported by some cities in WHsht County, Wright County Iiumam Services, and the Minnesota Department of Transportation. There arc 3 buses currently serving Wright County. This system is able to take everybody, regardless of age, to ap- proved destinations such as grocery shopping, medical appointments, dining, visiting, etc. To schedule a ride (at least 24 hours ahead) you can call the number listed. The fare is determined by yaur destination Sec the enclosed route information that is proposed for the City of Albertville. We are su^veying our area to deter- mine the interest level. Please take some time to fill out the survey and return to us. This will be used to determine local interest. Include comments of destination you want, time of day, and any other information that would be helpful in our analysis. .,W r Need a Ride somewhere? Q'�O Do you need a ride to get your groceries??? Do you need a ride for banking???? Do you need a ride for medical appointments??? Do you need a ride to visit a friend??? De YOU need a ride??? Meet RiverRider Heartland Express' friendly, courteous and helpful Drivers and discover all kinds of wonderful places to visit and things to dol Need a Ride somewhere? Door to door transportation serving the residents of Albertville area Public transportation that is available to EVERYONE, for any transportation need Fare is based on destination point from $1-50 to $3.00 Option A) Proposed service to and from locations in the ,Albertville and St. Michael areas. Option B) Proposed service with St. Michael residents to and from the city of Buffalo. i Option O) Proposed service to and from Elk River. Option D) Other locations of interest. RiverRider Transportation Survey In order to better assess the transportation needs of residents in the Albertville area, the city is conducting a survey. Your answers are important to us. Please return your survey immediately in the enclosed envelope. Please check or fill in your answers where appropriate: I live in the City of Albertville ❑ OR in the Township of: Age: (Township name) 1. Would you use the RiverRider bus service if it were available? (The current St. Michael route operates on Tues. and Thurs. from St. Michael to Elk River, departing at 9:30a.m. and returning at 2 P.M.) Yes ❑ No ❑ 2. Would you use the RiverRider bus service if it were available? (The current St. Micheal route operates on Mon.,Wed., Fri. from St. Michael to Buffalo, with the bus departing from St. Michael at 9:30 a.m. and returning at 2 p.m.) Yes ❑ No ❑ 3. What time of day would you typically use the RiverRider bus service? 6 a.m. to 10 a.m. ❑ 10 a.m. to 2 p.m. ❑ 2 p.m. to 6 p.m. ❑ 4. What days of the week would you use the RiverRider bus service? Monday ❑ Tuesday ❑ Wednesday ❑ Thursday ❑ Friday ❑ 5. How many times a month would you use the RiverRider bus service if it were available on the days and times you indicated in questions three and four? 0 times ❑ 1 to 10 times ❑ 11 to 20 times ❑ 20 or more times ❑ 6. If the time away from home were decreased (example: 9 a.m. to noon), would you be more likely to use the RiverRider bus service? Yes ❑ No ❑ 7. Would you use the RiverRider bus service if it operated on a fixed route that came within five blocks of your residence? Yes ❑ No ❑ 8. For what types of trips would you use the RiverRider bus service? Employment ❑ Medical ❑ Grocery ❑ School ❑ Dining ❑ Social ❑ Other ❑ 9. List any comments or barriers for using the RiverRider bus service: 530 N.W. 6th Avenue U Roc: 507/282-2113 rum FAX NO. 507/282-4106 WATS NO. 800/328-4827, Ext. 5003 EMAIL DANFWSC«3AO.COM Linda Goeb, Administrator 8/15/00 City of Albertville 5975 Main Ave. NE Albertville, MN 55301 Dear Ms. Goeb: Thank you for the time you gave me the other day when I stopped in. The map you gave me was very helpful. I was very surprised at the growth the city has experienced since we installed the Federal 2001AC in 1993. After I left City Hall took a drive around to took for possible sites to cover the areas of growth on the western side of the city. I will need to set up a time to meet with Mr. Guimont and one of our installers to determine the best location for a new siren. I have included a proposal for a Federal 2001AC, which is the same as the city's existing outdoor warning siren. The proposal includes radio control for activation from Wright County Sheriff Dispatch. I put in a ballpark installation figure for budgetary purposes. We will have to have our crew do an on -site survey to locate proper power requirements so we can determine exact project cost. The 2001 is available in AC, DC, and AC/DC models. The city's existing 2001AC operates on 240-volt single phase power. The DC model operates on four deep cycle batteries that are constantly being charged by 120-volt power source. In the event of a power failure the siren would run for a minimum of 15 minutes on the charged batteries. I did include an option on the proposal to upgrade to DC operation in case the city has experienced loss of power during severe weather. The AC/DC model uses AC as primary power and switches to battery during a power loss providing true battery backup. The 2001 has quickly become the most purchased siren in the industry with well over 7,000 units in service worldwide. I have included a 2001 Users List for our Minnesota, North Dakota, and Western Wisconsin territory. Federal Outdoor AC or DC Modulator Warning Siren Electro/Mechanical Electronic Systems r1r ` a „A I hope this information is helpful. Please do not hesitate to give me a call with any questions or additional assistance you may require with this project. We look forward to working with you and the City of Albertville again on your community warning system. Sincerely, al Warm Systems, Inc. Dan Gossm QUOTATION ra FEDERAL SIGNAL CORPORATION Quotation No.: FWS 815001131 Federal Warning Systems Reference quote no. on your order Name City of Albertville Co. Name Linda Goeb, Administrator Address 5975 Main Ave_ NF city, state, zip Albertville,_ MN 55301-0009 Phone No. 7631497-3384 Fax No. 7631497-3910 Date 8116/00 Reference Ouldmr Wamin: Sires► CUSTOMER COPY SALESPERSON COPY OFFICE COPY Upon receipt of your order and acceptance by Federal Signal Corporation, the equipment herein will be supplied at the quoted prices below. Delivery schedule cannot be established until radio informatinn iw ry rnnliPd if A ijr.hla Item No. Oty. Federal Model/Part No. Description Net Cost Each Total Cost 1 1 2001 SRN 127 db Rotating Siren $7,960.00 2 3 1 2001AC Control Unit in Weatherproof Cabinet 1,680.00 4 5 1 FCH Receiver, Timer, Decoder 1,500.00 6 7 1 10A6 Antenna 25.00 8 9 1 MISC. MN Sales Tax 6.5% 727.68 10 11 1 MISC. Shippin from Factory 110.00 12 13 1 TOTAL --Equipment, Tax, Shipping $12,000.73 14 15 OPTION 16 1 2001 DC DC Control Unit & Battery Cabinet for DC 17 Operation — additional $1,485.00 18 19 1 MISC. Installation on Class 2 wood poie, 4 Delco 20 Voyage M24MF batteries for DC siren. Only 21 an estimate until our crew does on -site 22 1 survey to determine exact location and cost. $3,900.00 • •••-•- •-•- •••••• •�• ..� "Y' .• — — volt w yuvwuvn unrubb 5+1own ourerwise. upon acceptance, prices are nrm for (days / months). This quotation is expressly subject to acceptance by Buyer of all Terms stated on the reverse side hereof, and any exception to or modification of such Terms shall not be binding on Seller unless expressly accepted in writing by an authorized agent or Officer of Seller. Any order submitted to Seller on the basis set forth above, in whole or in part, shall constitute an acceptance by Buyer of the Terms on this and erse side here f. Any such order shall be subject to acceptance by Seller in its discretion. If the total price for the items set forth above exceeds %00 n this uo n IS ONLY VALID if countersigned below by a Regional Manager of the Signal Division, Federal Signal Corporation. F.O.B. University Park, IL BY. FWS Mes Repr EST. DEL. WT. 750 lbs. ADDRESS: Federal Warning Systems, Inc. DELIVERY 4 — 6 Weeks TERMS NET 30 DAYS Equipment FREIGHT TERMS 530 NW 6-Ave. (ARO) Rochester, MN 55901 BY: Federal Signal ! Countersigned TITLE: Purchase order MUST be made out to: Federal Signal Corporation, Federal Warning Systems, 2645 Federal Signal Drive, University Park, IL 60466-3195 Page 1 of 2 C7Q,1��?lLQ�G 530 N.W. 6th Avenue Rochester, MN 55901 507/282-2113 WATS NO. 800/328-4827, Ext. 5003 re THE 2001 OUTDOOR WARNING SIREN FAX NO.507/282-4106 This unique 127db rotating siren was developed specifically first as a battery operated 48 VDC unit for users who (1) Required a powerful Warning Siren at I ocations that did not have 240/480 VAC primary power available, or (2) Users locations with history of power failures that required battery power either primary or as back up to primary power. The 2001 Siren in now available in three models. All three models of 2001 Sirens operate a 6 hp DC Motor, with a 113 hp DC rotator motor. The 2001 DC is powered by four 12-Volt deep cycle maintenance free batteries to supply 48- volts power. Batteries are monitored and charged at all times by regulated chargers from either 120 VAC or 240 VAC primary power source. The Model 2001AC came out in 1991 for users that did not require battery as either primary power or back up, and operate on 240 VAC single phase power. They are identical except the 2001 AC does not have the battery cabinet or batteries at cost savings. Some users purchasing 2001 AC Sirens have determined later that battery operation was important and converted to DC operation. The 2001 is also available in an AC/DC model which operates on 240 VAC as primary power, and in the event of a power failure the unit switches to battery operation, providing true battery backup. This feature requires a 220/240VAC transformer/rectifier. Fridley, MN purchased eight 2001 AC/DC Sirens in 1988, making them the 1 st purchaser of the Federal 2001 Siren in the world. The following list of 2001 purchasers of all 3 models in our territory is shown in alphabetical order. Names and phone numbers of officials in charge of purchasing the 2001's are not shown because they change from time to time and we did not want to furnish inaccurate information. We would be happy to furnish name and phone number of current official in charge for any user on request.