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2000-10-16 CC Agenda PacketALBERTVILLE CITY COUNCIL AGENDA October 16, 2000 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) October 2, 2000, City Council Meeting 3. CITIZEN FORUM- (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (b) Approve release of $30,000 Letter of Credit for grading Kollville Estates (c) Approve reduction to $55,000 in the Letter of Credit for the Kollville Estates development 5. DEPARTMENT BUSINESS a. Public Works • Report • Waste Water Treatment Plant Report b. Planning & Zoning (1) Terry & Becky Pauly • Variance to allow 30 foot wide concrete driveway at curb at 10209 Karston Avenue NE (2) Burger King • Site & Building Plan • Final Plat — Dolphin Real Estate Addition (3) Mobil Station • Sign Variance (4) Recommendation from Planning Commission Public Hearing re: Garage & House Size c. Engineering (1) Final Acceptance — Fire Hall City Council Agenda October 16, 2000 Page 2 of 2 d. Legal (1) Developer's Agreement — Cedar Creek South 6`h Addition e. Administration (1) Kent Roessler — Discuss new ordinance re: residential standards & escrow amounts (2) Resolution #2000-30 (A Resolution Establishing the Annual Retirement Benefit for the Albertville Volunteer Fire Department Effective January 1, 2001) (3) Request from Geez' Sports Bar & Grill to allow Sunday liquor sales beginning at 10:00 AM (4) Request from Zimmer Brothers to lease WWTF property for Ag purposes in 2001 (5) Petition from Westwind residents for signs at Westwind Park 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL A010 October 2, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Keith Franklin, Bob Gundersen, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Cindy Sherman, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5e(4) — Report on Committee Meeting with Otsego Fire Hall Update • Add Item 5e(5) — Update on lawsuits re: grass Gundersen made a motion to approve the agenda as amended. Franklin seconded the motion. All voted aye. Franklin made a motion to approve the minutes of the September 18, 2000, meeting as presented. Gundersen seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one addressed the Council. Vetsch made a motion to approve payment of Check #13625 —13652 as presented. Franklin seconded the motion. All voted aye. Franklin made a motion directing the Public Works Department to post "No Motorized Vehicles" signs along the bituminous trail adjacent to the golf course. Gundersen seconded the motion. All voted aye. Gundersen made a motion to accept the Public Works Department Report. Vetsch seconded the motion. All voted aye. Planner Cindy Sherman presented the site and building plans for the second phase of the Outlets at Albertville. The developer is requesting a PUD amendment to increase the size of the building from 50,000 to 59,500 square feet. The site shows 310 parking stalls, which meets the ordinance requirements. The landscape plan has been amended as staff had requested. The issue of screening the dumpsters behind the building is still being considered. Due to the limited space available for screening, staff feels that some type of wall would provide better screening. Staff also believes Items 13 and 17 relating to the installation of a sprinkler system and the 3' raised concrete stoop should be deleted. City Engineer Peter Carlson reported that the private drive into the mall property has been increased to four lanes to accommodate traffic. Two hydrants have been added to the west side of the mall as the Fire Department has requested. The developer has agreed to have the curb and the hydrant location painted per the Fire Department's request. x ALBERTVILLE CITY COUNCIL October 2, 2000 Page 2 of 4 Councilmember Vetsch requested that more hydrants be installed on the north side of the existing building. The developer stated the plans for the original building were approved by the Fire Chief prior to construction and, at that time, there was no request for additional hydrants. He further stated that the building is a fully -sprinkled, concrete and steel building. Hydrants are located on the front side of the building for fire department use. Gundersen indicated he is comfortable with the number and location of the hydrants as shown on the site plan. Franklin made a motion to adopt the Findings of Fact & Decision as amended, approving the site plan for Phase II of the Outlets at Albertville and amending the PUD Agreement by increasing the size of the building by approximately 10,000 square feet. Gundersen seconded the motion. Franklin, Olson, and Gundersen voted aye. Vetsch voted no. The motion carried. City Engineer Pete Carlson reviewed the memo from the City of St. Michael regarding the extension of Barthel Industrial Drive to 50th Street. At some time in the future, the jog in the intersection may be corrected. St. Michael is requesting that Albertville consider participating in the intersection correction at such time as it occurs. Although this Council cannot force future Councils to participate, the Council would recommend future participation. Carlson reviewed the letter from the Wright County Highway Department regarding the Towne Lakes project and the potential need for a traffic light at the exit ramp on CSAH 37. Vetsch made a motion to table discussion of the item at this time. Gundersen seconded the motion. All voted aye. Carlson presented a proposal showing how water, sewer and roads could be constructed to serve the properties located north of I-94, based on discussions at staff and committee level with a potential commercial developer. The proposal shows a road through the property that the City owns north of the mall to serve the area. If the City wants commercial development in this area, the City will need to be proactive. The consensus of the Council is to proceed with discussions with the developer. Carlson presented a tentative schedule for the I-94 Interchange Improvement at CSAH 19. The entire planning and design phase is expected to take 30-36 months. The actual construction of the project would take another year. MnDOT is considering doing a traffic study for the interstate between St. Cloud and Rogers and estimates it will take six months to complete. If the City can use the data from MnDOT vs. doing its own study, cost to the City r r ALBERTVILLE CITY COUNCIL October 2, 2000 Page 3 of 4 could be reduced. The Council asked Carlson to draft a letter to MnDOT requesting that the traffic study be started as soon as possible. Carlson reported that he found drainage in the ditch along County Road 19 at the 571h Street intersection is being blocked due to the hump in the ditch before the culvert. The Council directed Carlson to contact Wright County about the needed regrading. Should the County not be willing to regard the ditch, the City's Public Works Department will do the work. Carlson presented a plan showing how a joint parking lot with the ice arena could be constructed at a cost of around $40,000. He will get definite dimensions for the parking lot proposed to be presented at the next Ice Arena Board's meeting. Gundersen made a motion to adopt ORDINANCE #2000-13 titled AN ORDINANCE REQUIRING THE ESTABLISHMENT OF AN ESCROW TO SECURE THE INSTALLATION OF REQUIRED IMPROVMENTS FOR NEW RESIDENTIAL CONSTRUCTION. Vetsch seconded the motion. All voted aye. Susan Hartman of Springsted, Inc. presented her recommendations for the issuance of $2,550,000 General Obligation Sewer Revenue Bonds. Bonds will be sold on November 20, 2000, at 11:00 AM with award by the City Council at 7:00 PM that same evening. The bond matures in 15 years with an early call allowable after eight years. Gundersen made a motion to adopt RESOLUTION #2000-29 titled RESOLUTION AUTHORIZING THE NEGOTIATION OF THE SALE OF $2,550,000 GENERAL OBLIGATION SEWER REVENUE BONDS, SERIES 2000A. Franklin seconded the motion. All voted aye. City Administrator Goeb presented the Tax Impact Statement based on the preliminary budget adopted by the Council on September 5`h. The statement shows an increase in the net tax capacity rate for 2001 taxes to .466, compared to year 2000's tax capacity rate of .454 (approximately 2.65% increase). Mayor Olson reported on the committee meeting with the Otsego regarding sanitary sewer service. Otsego is proposing to purchase 15,000 gallons of capacity per day the first year and increasing their purchase by 15,000 each of the next five years, bringing their purchase to 90,000 gallons per day at the end of six years. Otsego will pay for the number of gallons purchased whether or not it is actually used. Councilmembers Gundersen and Vetsch were opposed to selling sewer service to Otsego's "golden triangle". Olson and Franklin stated that Otsego is not willing to allow the triangle to be detached r v ALBERTVILLE CITY COUNCIL October 2, 2000 Page 4 of 4 Gundersen made a motion to discontinue further discussions with Otsego regarding sewer service extension at this time. Vetsch seconded the motion. Gundersen and Vetsch voted aye. Olson and Franklin voted no. The motion failed. Since the motion ended in a tie vote, the Council concurred to continue discussion at the next Council meeting. Attorney Couri updated the Council on the progress of the lawsuits relating to yards without grass. All four suits have been forwarded to the court system for scheduling. Gundersen made a motion to adjourn at 9:40 PM. Franklin seconded the motion. All voted aye. John A. Olson, Mayor Linda Goeb, City Administrator CLAIMS LIST October 16, 2000 Check No. Vendor Amount 13685 ACTION RADIO & COMMUNICATIONS 1,394.62 13686 AFFORDABLE SANITATION, INC 309.20 13687 ALBERTVILLE FIRE RELIEF ASSOC. 14,476.00 13688 ALL METRO BUILDERS 7,815.00 13689 ALLINA MEDICAL GROUP 65.00 13690 ARAMARK UNIFORM SERVICES 98.63 13691 BRIDGET MILLER 27.11 13692 CENTRAL RIVERS COOPERATIVE 782.25 13693 COURI & MACARTHUR 7,312.00 13694 Void - 13695 DIVERSIFIED INSPECTION SERVICE 12,327.85 13696 DYS TOTAL HOME CARE CENTER 716.25 13697 DON'S AUTO & REPAIR 289.07 13698 EARL'S WELDING & INDUSTRIAL SU 165.95 13699 EGGEN'S DIRECT SERVICE, INC. 197.13 13700 GREEN-R-LAWNS 7,052.50 13701 GRIDOR CONSTRUCTION 104,250.00 13702 GRUYS, BORDEN, CARLSON, & ASSO 32.00 13703 1-94 WEST CHAMBER OF COMMERCE 165.00 13704 KUECHLE UNDERGROUND, INC. 6,804.28 13705 LARSON PUBLICATIONS 1,905.76 13706 MIDWEST ANALYTICAL SERVICES 106.00 13707 MIDWEST LANDSCAPES 1,008.00 13708 MILLER TRUCKING/LANDSCAPING SU 255.60 13709 MINNEGASCO 310.00 13710 NAT'L IMPRINT/FRANKLIN PRODUCT 1,271.51 13711 NORTHWEST ASSOCIATED CONSULTAN 4,195.30 13712 NSP 3,333.04 13713 PAT'S 66 58.15 13714 PITNEY BOWES 164.00 13715 SCHULTE'S GREENHOI<JSE & NURSERY 90.98 CLAIMS LIST October 16, 2000 13716 SENTRY SYSTEMS, INC. 76.46 13717 UNLIMITED ELECTRIC 443.81 13718 USF - EDEN PRAIRIE 1,822.28 13719 VERIZON 54.85 13720 WASTE MANAGEMENT 95.45 13721 WEBER OIL COMPANY 77.47 13722 WRIGHT COUNTY TREASURER 9,333.00 13723 WRIGHT RECYCLING 1,715.00 13724 VOID - Total Bills $ 190,596.50 I It CITY OF ALBERTVILLE Friday, October 13, 2000 Check Detail Register Page 1 of 5 Check Amt Invoice Comment '?�'•„';�dza.., �. ,...:,.,. .`�u.':�.���,� � m-a'�.�r,.,�...a.,:sx h3�xz�..^ '. �.^- oa �.... .,_. .. ,�..�tia �.i�,���:".��.w.f .,mac.., ,n.,,a ,,.. ,,., .. .. .. 10100 Security State Bank ACTION RADIO & COMMUNICATIONS E 101-42000-586 C/O - Pagers $1,394.62 5076 Fire Department Pagers Total ACTION RADIO & COMMUNICATIONS $1,394.62 Unpaid �� AFFORDABLESANITATION, INC �� E 101-45100-405 Repair/Maint - Buildings $309.20 1019 Portable Biffs Total AFFORDABLE SANITATION, INC $309.20 ALBERTVILLE FIRE RELIEF ASSOC. E 101-42000-124 Fire Pension Contributions $14,476.00 State Fire Aid Total ALBERTVILLE FIRE RELIEF ASSOC. $14,476.00 Unpaid ALL METRO BUILDERS E 101-43100-405 Repair/Maint -Buildings $7,815.00 810 Final Payment Total ALL METRO BUILDERS $7,815.00 Unpaid ALLINA MEDICAL GROUP E 101-42000-305 Medical - Physicals $65.00 Hepatitis Shot - Knutson Total ALLINA MEDICAL GROUP $65.00 Unpaid ARAMARK UNIFORM SERVICES E 601-49450-417 Uniform Rentals $16.44 E 602-49400-417 Uniform Rentals $16.44 E 101-43100-417 Uniform Rentals $32.87 E 101-45100-417 Uniform Rentals $32.88 Total ARAMARK UNIFORM SERVICES $98.63 UnPaid BRIDGET MILLER E 101-41940-210 Operating Supplies (GENERAL) $27.11 Reimbursement for Supplies Total BRIDGET MILLER $27.11 aid CENTRAL RIVERS COOPERATIVE E 101-45100-530 Improvements Other Than Bldgs $366.31 Seed/Fertilizer - Oakside Park E 101-42000-521 C/O - Fire Hall $415.94 A16833 Seed/Fertilizer for Fire Hall Total CENTRAL RIVERS COOPERATIVE $782.25 UnPa,id...., E 101-41600-304 Legal Fees $82.50 Heuring Concept E 450-49000-304 Legal Fees $110.00 Albert Villas 4th E 429-49000-304 Legal Fees $1,705.00 CSAH 19/37 E 438-49000-304 Legal Fees $1,265.00 CCS6 E 450-49000-304 Legal Fees $990.00 Albert Villas 2nd E 456-49000-304 Legal Fees $687.50 Towne Lakes E 101-41600-304 Legal Fees $467.50 Darkenwald E 460-49450-304 Legal Fees $137.50 2000 WWTF Expansion E 101-41600-304 Legal Fees $82.50 Burger King E 101-41600-304 Legal Fees $27.50 Barthel Industrial Drive E 444-49000-304 Legal Fees $55.00 Psyk's 8th E 451-49000-304 Legal Fees $55.00 Mooney Addition E 450-49000-304 Legal Fees $55.00 Aalbert Villas E 602-49400-300 Professional Srvs (GENERAL) $27.50 Legal Service -Water Line Trunk CITY OF ALBERTVILLE Friday, October 13, 2000 Check Detail Register Page 2 of 5 Check Amt Invoice Comment E 430-49000-304 Legal Fees $27.50 Legal Service E 438-49000-304 Legal Fees $27.50 CCS3 E 438-49000-304 Legal Fees $82.50 CCN3 E 101-41600-304 Legal Fees $220.00 Outlets at Albertville 2 E 101-41600-304 Legal Fees $1,207.00 19721 General Legal Total COURI & MACARTHUR $7,312.00 Unpaid „ DIVERSIFI,�..�,�.��.,..� ED INSPECTION SERVICE G 101-20801 Inspection Fees Payable $12,327.85 1661 Inspection Fees Total DIVERSIFIED INSPECTION SERVICE $12,327.85 E 601-49450-210 Operating Supplies (GENERAL) $91.45 10/1/00 E 101-45100-210 Operating Supplies (GENERAL) $182.90 10/1/00 E 101-43100-215 Shop Supplies $182.90 10/1/00 E 602-49400-210 Operating Supplies (GENERAL) $91.46 10/1/00 E 101-42000-587 C/O - Tools $167.54 361271 Fire Department Total DJ'S TOTAL HOME CARE CENTER $716.25 Unpaid DON'S AUTO &REPAIR E 101-42000-404 Repair/Maint - Machinery/Equip $193.59 14045 Repair Clutch E 101-42000-212 Motor Fuels $95.48 22424 Diesel & Gas Total DON'S AUTO & REPAIR $289.07 UnPaidx s r �rv. , v� —'— —EARL'S WELDING & INDUSTRIAL E 101-43100-404 Repair/Maint - Machinery/Equip $165.95 227465 Toro Head Total EARL'S WELDING & INDUSTRIAL SU $165.95 UnPaid EGGEN'S DIRECT SERVICE, INC. E 101-41940-210 Operating Supplies (GENERAL) $17.26 E 101-43100-212 Motor Fuels $20.01 E 101-43100-215 Shop Supplies $30.06 E 101-45100-212 Motor Fuels $34.34 E 601-49450-212 Motor Fuels $47.73 E 602-49400-212 Motor Fuels $47.73 Total EGGEN'S DIRECT SERVICE, INC. $197.13 UnPaid GREEN-R-LAWNS E 101-42000-521 C/O - Fire Hall $7,052.50 40 Fire Hall Irrigation System Total GREEN-R-LAWNS $7,052.50 GRIDOR CONSTRUCTION—,..__,-- ,,—..— —,—,,—,-- E 460-49450-310 Other Professional Services $104,250.00 Payment #2 WWTF Expansion Total GRIDOR CONSTRUCTION $104,250,00 Unpaid GRUYS, BORDEN, CARLSON, & ASSO E 101-42000-200 Office Supplies (GENERAL) $32.00 19721 Payroll Forms - Relief Assoc. Total GRUYS, BORDEN, CARLSON, & ASSO $32.00 Unpaid 1-94 WEST CHAMBER OF COMMERCE E 101-41300-433 Dues and Subscriptions $165.00 One Year Membership Total 1-94 WEST CHAMBER OF COMMERCE $165.00 CITY OF ALBERTVILLE Friday, October 13, 2000 Check Detail Register Page 3 of 5 Check Amt Invoice Comment UnPaid KUECHLE UNDERGROUND, INC. E 454-49450-310 Other Professional Services $6,804.28 Payment #2 2000 SW Lift Station Total KUECHLE UNDERGROUND, INC. $6,804.28 Unpaid LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $1,905.76 September Legals Total LARSON PUBLICATIONS $1,905.76 UnPaid MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $106.00 115973 Total MIDWEST ANALYTICAL SERVICES $106.00 Unpaid MIDWEST LANDSCAPES E 101-45100-530 Improvements Other Than Bldgs $1,008.00 8500 Trees for Parks Total MIDWEST LANDSCAPES $1,008.00 Unpaid MILLER TRUCKING/LANDSCAPING SU E 101-42000-521 C/O - Fire Hall $255.60 52566 Black Dirt for Fire Hall Total MILLER TRUCKING/LANDSCAPING SU $255.60 UnPaid MINNEGASCO E 101-41940-383 Gas Utilities $94.00 City Hall E 101-42000-383 Gas Utilities $162.00 Fire Department E 101-43100-383 Gas Utilities $54.00 PW Total MINNEGASCO $310.00 Unpaid NAT'L IMPRINT/FRANKLIN PRODUCT E 101-42000-200 Office Supplies (GENERAL) E 101-42000-200 Office Supplies (GENERAL) E 101-42000-200 Office Supplies (GENERAL) E 101-42000-200 Office Supplies (GENERAL) Total NAT'L IMPRINTIFRANKLIN PRODUCT $456.40 43544 Fire Safety Books $193.70 43545 GUS Memo Pads $300.60 43547 Pens $320.81 43548 Halloween Bags $1,271.51 UnPaid� ��NORTHWEST ASSOCIATED CONSULTAN ���-•-v n E 101-41910-306 Planning Fees E 450-49000-306 Planning Fees E 101-41910-306 Planning Fees E 450-49000-306 Planning Fees E 456-49000-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 438-49000-306 Planning Fees E 101-41910-306 Planning Fees Total NORTHWEST ASSOCIATED CONSULTAN Unpaid NSP $691.09 9611 City Projects $192.95 9612 Albert Villas 2 $1,217.27 9612 Outlet Mall 2 $701.02 9612 Albert Villas 4 $316.30 9612 Towne Lakes $158.60 9612 Heuring Estates $128.25 9612 Burger King $62.49 9612 Mobile Sign Variance $47.25 9612 Highlands 3 $180.08 9612 CCS6 $500.00 9613 Meetings $4,195.30 E 101-41940-381 Electric Utilities $3.14 Civil Defense Siren E 101-41940-381 Electric Utilities $20.27 Park & Ride E 101-45100-381 Electric Utilities $22.76 Four Seasons Park E 601-49450-381 Electric Utilities $74.20 BID Lift Station CITY OF ALBERTVILLE Friday, October 13, 2000 Check Detail Register Page 4 of 5 Check Amt Invoice Comment E 601-49450-381 Electric Utilities $91.38 Savitski Light Station E 101-43160-381 Electric Utilities $3,121.29 Street Lights Total NSP $3,333.04 Unpaid _..,., PAT'S 66 E 101-41400-592 Elections $34.72 24136 Dinner - Election Judges E 101-42000-212 Motor Fuels $23.43 24386 Fire Dept. Total PATS 66 $58.15 aid PITNEY BOWES E 101-41400-413 Office Equipment Rental $164.00 699243 Mailing Machine & Scale Total PITNEY BOWES $164.00 Unpaid _ r.' — -, SCHULTE'S GREENHOUSE & NURSERY E 101-42000-521 C/O - Fire Hall $90.98 83208 Landscaping Materials Total SCHULTE'S GREENHOUSE & NURSERY $90.98 Unpaid �.�S .a .,_,- `SE SENTRY SYSTEMSa, INC. E 101-45100-321 Telephone $76.46 24374 Moniroting Park Alarm Total SENTRY SYSTEMS, INC. $76.46 UnPaid UNLIMITED ELECTRIC E 101-45100-405 Repair/Maint -Buildings $443.81 4788 Electrical Repairs - City Park Total UNLIMITED ELECTRIC $443.81 Unpaid USF - EDEN PRAIRIE E 602-49400-404 Repair/Maint - Machinery/Equip $1,822.28 6777804 Total USF - EDEN PRAIRIE $1,822.28 Unpaid VERIZON E 101-43100-321 Telephone $7.27 PW Cell Phone E 602-49400-321 Telephone $23.79 John - Water E 601-49450-321 Telephone $23.79 John - WWTF Total VERIZON $54.85 UnPaid WASTE MANAGEMENT E 101-45100-384 Refuse/Garbage Disposal $47.72 1593-0039839 Garbage Service E 101-41940-384 Refuse/Garbage Disposal $47.73 1593-0039839 Garbage Service Total WASTE MANAGEMENT $95.45 Unpaid WEBER OIL COMPANY E 101-43100-208 Training and Instruction $77.47 38023 Diesel Fuel Total WEBER OIL COMPANY $77.47 Unpaid WRIGHT COUNTY TREASURER E 101-42110-307 Police Contract Fees $9,333.00 Patrol-10 October Police Total WRIGHT COUNTY TREASURER $9,333.00 UnPaid WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $1,715.00 September Total WRIGHT RECYCLING $1,715.00 CITY OF ALBERTVILLE Friday, October 13, 2000 Check Detail Register Check Amt Invoice Comment 10100 Security State Bank $190,596.50 Page 5 of 5 f ,10'.13/GO 11:33 FAX 320 229 4301 SEH i ALBERT I Awimrm Adow ,aw-.-a EN MEA 1200 251h Avenue South, P.O. Box 1717, St. Cloud, MN 58302.1717 320.229.4300 800.572.0817 TO: Ms. Linda Goeb City Administrator City of Albertville FROM: Peter J. Carlson, P.E. City Engineer DATE: October 11, 2000 RE: Letter of Credit Reduction Kollville Estates Albertville, Minnesota SEH No. A-ALBEV0003.00 14 320.229.4301 FAX I have revieived the work completed to date and recommend the letter of credit for this project be reduced to 355,000. This amount represents 10% of the estimated project cost. It is the City's policy to maintain the letter of credit at 10% of construction cost for the first year following completion of construction. Please call me if you have any questions. cb c: Mike Couri, City Attorney Scott Dahlke, Quality Site Des. ,n, LLC v:lsl6ev5Q WS�ttxr�ac11s06m.doc Short Ellott HenditWi Inc. Offices located throughout the Upper NSdwest Equal Opportunity Employer ' We help you pran, design, and achieve Quality Site Design, LLC Civil Engineering Land Development September 28, 2000 City of Albertville Attn: Linda Goeb 5975 Main Avenue NE PO Box 9 Albertville, Mn 55301-0009 Re: Letter Of Credit Reduction Kollville Estates, Albertville, Mn Dear Linda, On behalf of Leuer-Munsterteiger Properties, please accept this letter as a request to reduce the letter of credit (LOC) held as surety by the City for this project. Two separate letters of credit are currently in place for the project, $30,000 for the Grading Contract, and $543,800 for the Developers Agreement. We are requesting that the LOC for the Grading Contract be released in full since all site grading is complete on Phase I of the project. We are also requesting that the LOC for the Developers Agreement be reduced as appropriate to reflect the construction items yet to be completed. Please find attached a copy of payment recommendations and lien waivers for the construction completed to date. Construction items to be completed include: bituminous wear course placement, sidewalk, barricades, seed and mulch erosion control. The barricades and erosion control will be installed yet this year. The wear course, and sidewalk will be installed in the spring of 2001. We estimate a cost of $28,500 for the wear course, sidewalk, barricades, and erosion control. We feel a LOC amount of $40,000 would provide adequate surety for the project. If you have any questions, please do not hesitate to contact me at 763-550-9056. Sincerely, Quality Site Design, LLC Scott Dahlke Professional Engineer Cc: Pete Carlson — S.E.H. 99213 3600 Holly Lane N., Suite 100, Plymouth, MN 55447 9 Phone (763) 550-9056 0 Fax (763) 550-3913 Quality Site Civil Engineering Mr. Ralph Munsterteiger Crow 94 Properties, Inc. PO Box 340 100 E. Central Ave. St. Michael, MN 55763 RE: Payment Recommendation Bullock Construction Kollville Estates Street and Utility Improvement Project Albertville, Mn Dear Ralph: Design,- LLC Land Development September 27, 2000 The contractor for the above -referenced project has requested payment for work completed to date. Attached you shall find a detailed breakdown with quantities and prices for the work performed. We, therefore, recommend payment in the amount of $190,410.94 be made to Bullock Construction, 14239 42°d St. NE, St. Michael, MN 55376. If you have any questions or comments, please do not hesitate to contact me. i Sincerely, Quality Site Design, LLC Scott Dahlke Professional Engineer Cc: Bullock Construction File 99213 3600 Holly Lane N., Suite 100, Plymouth, MN 55447 • Phone (763) 550-9056 • Fax (763) 550-3913 Kollville Estates Street and Utility Improvement Project Albertville, MN Contractor: Bullock Construction BID D - Streets Payment No. 1 9/27/00 Item No. Item Unit Bid Qtn Qnty to Date Rem Qnty Qnty this Est. Price Amount this Est Amount to Date 1 Subgrade Prep SY 6452 6452 0 6452 $0.70 $4,516.40 $4,516.40 2 Fabric - Type V SY 7838 7838 0 7838 $0.90 $7,054.20 $7,054.20 3 Select Granular TN 4024 40241 0 4024 $5.08 $20,441.92 $20,441.92 4 Class 5 Base TN 2665.1 2665.131 0 2665.13 $5.60 $14,924.73 $14,924.73 5 Curb & Gutter LF 4458 4076 382 4076 $7.50 $30,570.00 $30,570.00 6 Type 31 Bit Base TON 765 821 -56 821 $30.10 $24,712.10 $24,712.10 7 Type 41 Bit Wear TON 420 0 420 0 $30.10 $0.00 $0.00 8 10' Bit Trail LS 1 1 0 1 $7,589.25 $7,589.25 $7,589.25 9 Rt. Turn/ B ass LS 1 1 0 1 $28,900.84 $28,900.84 $28,900.84 10 Adjust Manhole EA 10 10 0 10 $110.00 $1,100.00 $1,100.00 11 Adjust Gate Valve EA 1 11 11 0 11 1 $85.00 1 $935.00 1 $935.00 12 Density Test EA 20 0 20 0 $0.00 $0.00 $0.00 13 4" Sidewalk SF 3000 1 01 3,000 0 $2.10 $0.00 $0.00 Total Bid D = $140,744.44 $140,744.44 RID F - Misc Item No. Item Unit Bid Qtny Qnty to Date Rem Qnty Qnty this Est. Price Amount this Est Amount to Date 1 Barricades - Type EA 3 0 3 0 $200.00 $0.00 $0.00 2 Seed, Mulch, Disc AC 10 0 10 0 $900.00 $0.00 $0.00 3 1Site Grading LS 1 1 0 1 $37,185.50 $37,185.50 $37,185.50 4 Draintile LF 900 900 0 900 $4.25 $3,825.00 $3,825.00 5 Pond weir EA 2 2 0 2 $2,700.00 $5,400.00 $5,400.00 6 HOL Site LS 1 1 0 1 $3,256.00 $3,256.00 $3,256.00 Total Bid E = $49,666.50 $49,666.50 Project Summary Amount Amount this Est to Date Total Bid D = $140,744.44 $140,744.44 Total Bid E = $49,666.50 $49,666.50 Total Work= $190,410.94 $190,410.94 Payment No. 1 = $190,410.94 $190,410.94 Miller -Davie Co.. Minneapolis No. 1031 (Rev. 1962) RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS N. B. It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corpora- tions and by partners of co -partnerships. 2. It is importantnot in full toedaite, so state. and that the BALANCE, DBE SHOWN. that ALL banks be completed ANCE, andsttr ke ouutl st 3. If payment is three lines. 4. A receipt similar to this or legal waiver of lien rights will be required fog all plumbing, heating and plastering material, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. September 28 ........... _..... 2000........, Y4........... (DATE) One Hundred -Ninety -Thousand..........•..•...... The undersigned acknowledges having received payment of.. � - ........... . 190,410.94 Four -Hundred -Ten and 94/100 �al ..................................................................................................I..... ................ """" ' '" ' (Amount Paid) Inc payment o P..............................................................................................z p y Leuer-Munsterteiger Pro erties. from......... (Name of PaYor) ............... Street Construction, Grading and Misc. ................. .......................... . all....... "" .. (Kind of Material or Labor) states ............................ Kollville E .' ' ..•.•• by the undersigned delivered or furnished to (or performed at)... - -- .............................................................. Albertville, ...Minnesota.............................................................................................................................. ............................. ..................... ............................................ ........ .............................. - -- """'.. (Street Address or Legal Description labor, skill material furnished to said premises p and for value received hereby waives alrights whicchh m prior to the may have been acquiried by the undersigned to e l mechanics' liens against said premises f date hereof. Matt Bullock..Cont�actin �.......n RandyL....Marsh.. ......................................................... PLU G, HEATING and PLASTERING Vic resident .................................. contractors must sign statement on reverse hereof 42 3 42nd Street N Fes) .-4ddress................................................. �. Quality Site Design, LLC- Civil Engineering Land Development September 5, 2000 Mr. Ralph Munsterteiger Crow 94 Properties, Inc. PO Box 340 100 E. Central Ave. St. Michael, MN 55763 RE: Payment Recommendation Randy Kramer Excavation Kollville Estates Street and Utility Improvement Project Albertville, Mn Dear Ralph: The contractor for the above -referenced project has requested payment for work completed to date. Attached you shall find a detailed breakdown with quantities and prices for the work performed. We, therefore, recommend payment in the amount of $257,089.91 be made to Randy Kramer Excavating Inc., PO Box 498,165 Central Ave. No., Watkins, MN 55389. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Quality Site Design, LLC Scott Dahlke Professional Engineer Cc: Randy Kramer Exc. File 99213 3600 Holly Lane N., Suite 100, Plymouth, MN 55447 • Phone (763) 550-9056 • Fax (763) 550-3913 Koilville Estates Street and Utility Improvement Project Albertville, Mn Contractor : Randy Kramer Excavating M M w tom_.-:,L--. Q�.....� Payment No. 1 9/5/00 LI✓ P% Item No. - .ia"It"I Y vc..... Item Unit Bid Qtny Qnty to Date Rem Q nty Qnty this Est. Price Amount this Est Amount to Date 1 8" PVC, 0 - 10 LF 75 142 -67 142 $13.98 $1,985.16 $1,985.16 2 3 4 8" PVC, 10' - 12 8" PVC, 12'- 14 8" PVC, 14' - 16 LF LF LF 245 184 296 371 122 0 -126 62 296 371 122 0 $14.22 $15.83 $16.87 $5,275.62 $1,931.26 $0.00 $5,275.62 $1,931.26 $0.00 5 8" PVC, 16' - 18' LF 5 0 5 0 $19.37 $0.00 $0.00 6 7 12" PVC, 0 - 101 12" PVC, 10' -12' LF LF 5 187 0 0 5 187 0 0 $18.23 $18.47 $0.00 $0.00 $0.00 $0.00 8 12" PVC, (12'- 14)_LF 852 1035 -183 1035 $20.08 $20,782.80 $20,782.80 9 10 11 12" PVC, (14'- 16 12" PVC, (16'- 18 12" PVC, 18' - 20 LF LF LF 800 60 5 490 60 0 310 0 5 490 60 0 $21.12 $23.62 $25.41 $10,348.80 $1,417.20 $0.00 $10,348.80 $1,417.20 $0.00 12 48" Manhole 0-8' EA 10 101 0 10 $1,848.80 $18,488.00 $18,488.00 13 Manhole Extra Dept VF 53 55.24 -2 55.24 $100.95 $5,576.48 $5,576.48 14 San Sery -12"x4" EA 54 54 0 54 $87.55 $4,727.70 $4,727.70 15 San Sery - 8"x4" EA 19 19 0 19 $41.31 $784.89 $784.89 16 4" PVC, SDR 26, S LF 2610 2586.5 24 2586.5 $7.11 $18,390.02 $18,390.02 Total Bid A = $89,707.92 $89,707.92 BID B Item No. - Watermain Item Unit Bid Qtn Qnty to Date Rem Qn Qnty this Est. Price Amount this Est Amount to Date 1 12" PVC Watermair LF 1576 1567 9 1567 $20.94 $32,812.98 $32,812.98 2 8" PVC Watermain, LF 1084 779 305 779 $13.58 $10,578.82 $10,578.82 3 6" PVC Watermaiin, LF 1 118 125 -7 125 $10.95 $1,368.75 $1,368.75 4 12" 45 d Ben 2 21 0 2 $235.23 $470.46 $470.46 5 .DIP 12°22-.5 deg DIP BeEA 3 31 0 3 $236.30 $708.90 $708.90 6 12" 11.25 deg DIP E EA 3 3 0 3 $237.92 $713.76 $713.76 7 8" 45 deg DIP Bend EA 2 2 0 2 1 $143.98 $287.961 $287.96 8 8" 22.5 deg DIP Be EA 2 2 0 2 $145.06 $290.12 $290.12 9 12"x12" DIP Tee EA 1 1 0 1 $320.62 $320.62 $320.62 10 12"x8" DIP Tee EA 1 1 0 1 $280.75 $280.75 $280.75 11 12"x6" DIP Tee EA 4 41 0 4 $273.78 $1,095.12 $1,095.12 12 8"x8" DIP Tee EA 1 11 0 1 $204.80 $204.80 $204.80 13 8"x6" DIP Tee EA 3 31 0 3 $191.38 $574.14 $574.14 14 12"x8" DIP Reduce EA 1 11 0 1 $165.76 $165.76 $165.76 15 8"x6" DIP Reducer EA 1 11 0 1 $107.56 $107.56 $107.56 16 8" DIP Plug EA 1 2 -1 2 $76.25 $152.50 $152.50 17 6" DIP Plug EA 2 01 2 0 $64.72 $0.00 $0.00 18 12" Gate Valve, Bo EA 3 21 1 2 $1,171.51 $2,343.02 $2,343.02 19 8" Gate Valve, Box EA 4 5 -1 5 $706.30 $3,531.50 $3,531.50 EA 7 7 0 7 $540.82 $3,785.74 $3,785.74 20 6" Gate Valve, Box 21 H drant EA 6 6 0 6 $1,640.18 $9,841.08 $9,841.08 f 22 Water Service Gro EA 73 j 73j 0 73 $29b..,3 $21,646.69 1 $21,646.69 23 JCopper Service Pie LF 2805 2737 68 2737 $7.22 $19,761.14 $19,761.14 24 Bacteriol ical Test EA 4 31 1 3 $20.00 $60.00 $60.00 Total Bid B = $111,102.17 $111,102.17 Item u�v Bid Qn ty Rem Qnty Amount Amount No. Item Unit Qtn to Date Qn this Est. Price this Est to Date 1 12" RCP, Class III LF 340 412 -72 412 $20.01 $8,244.12 $8,244.12 2 15" RCP, Class III LF 70 194 -124 194 $21.58 $4,186.52 $4,186.52 3 12" HDPE all dep LF 1235 613 622 613 $12.33 $7,558.29 $7,558.29 4 15" HDPE all de LF 935 836 99 836 $13.66 $11,419.76 $11,419.76 5 24" HDPE all dep LF 160 0 160 0 $20.29 $0.00 $0.00 6 2'x3' Catch Basin EA 7 6 1 6 $745.64 $4,473.84 $4,473.64 7 27" Catch Basin EA 5 21 3 2 $550.44 $1100.88 $1,100.88 8 48" Catch Basin EA 16 16 0 16 $890.60 $14,249.60 $14,249.60 9 60" Catch Basin EA 1 3 -2 3 $1,336.80 , $4,010.40 $4,010.40 10 12" HDPE FE w/G EA 6 0 6 0 $252.79 $0.00 $0.00 11 15" HDPE FE w/G EA 2 3 -1 3 $252.79 $758.37 $758.37 12 24"-HDPE FE w/G EA 1 01 1 0 $434.40 $0.00 $0.00 13 Rip Rap, CL III wX CY 30 301 0 30 $29.00 $870.00 $870.00 14 18" HDPE FE w/G EA 0 1 -1 1 $281.85 $281.85 $281.85 15 18" HDPE all dep LF 0 248 -248 248 $18.54 $4,597.92 $4,597.92 16 21" RCP, Class III LF 0 73 -73 73 $27.52 $2,008.96 $2,008.96 17 24" RCP, Class III LF 0 143 -143 143 $30.32 $4,335.76 $4,335.76 18 12" RCP FE w/Gu EA 0 =21 -2 2 $509.40 $1,018.80 $1,018.80 19 24" RCP FE w/Gu4 EA 0 1 1 -1 1 $695.80 $695.80 $695.80 Total Bid C = $69,810.87 $69,810.87 Project Summary Amount Amount this Est to Date Total Bid A = $ 89,707.92 $ 89,707.92 Total Bid B = Total Bid C = Total Work -- Less Retainage 5%= $111,102.17 $111,102.17 $69,810.87 $69,810.87 $ 270,620.96 $ 270.620.96 ($13,531.05) ($13,531.05) Payment No 1 = $257,089.91 $257,089.91 PAY ORDER Builders' Mortgage Company LLC Loan 5670 646 East River Road, Anoka, MN 55303 (763) 323-0820 Fax (763) 323-9105 BR X 14300 Nicollet Ct., #110, Bumsville, llvfN 55306 (952) 898-1110 Fax (952) 892-6555 OF INSTRUCTIONS --Read carefully I) -The Developer is to complete the top portion of this form indicating the subcontractor payee name, the type of work completed, the amount, and date. The Developer must sign the pay order certifying that the work has been completed and inspected by the Developer's Engineer and the City Engineer and that the property is insured. Both the Developer's Engineer and the City Engineer must approve the itemized quantities/prices listing and sign the PAY ORDER. 2)-The Developer should phone or Fax BMC to request PAY ORDER approval. 3)-BMC will inspect the job site and advise Developer of approval. Upon approval of the PAY ORDER a check payable to the subcontractor payee will be prepared. 4)-The Developer should present the PAY ORDER to the subcontractor and instruct the subcontractor to sign the lien waiver on the reverse side and mail to BMC at the above address. 5)-Upon receipt of the completed PAY ORDER form, BMC will mail the check to the Subcontractor at the address shown on the lien waiver. Developer Name: Leuer-Munsterteiger Properties, Inc. Date PTnvS&,_ S , 2000 Pay to Order ?_gr121 kmMea_ Amount $ Z57�� Ogg. 91 Work completed at: Kollville Estates, Albertville, Wright County, IVIN For the following work done: 745ecr Lksr..�-r�, Cu�'CR�c.TZ;Ifj I hereby authorize this payment and certify that the workmanship and material are satisfactory and that where applicable the work has passed inspection both by project engineers and city engineers. I further certify that the property continues to be insured under all perils risk insurance. PROJECT ENGINEER'S PAYMENT CERTIFICATE: The undersigned licensed engineer hereby certifies that the above work (as more completely described on the attached itemized completion summary) has been completed in accordance with the terms and specifications of that certain development contract between Leuer-Munsterteiger Properties, Inc. and the City of Albertville for Kollville Estates, and the contract with the subcontractor payee. Accordingly, we hereby approve the above payment amount for the described work completed. By �r� Nmrst, , LLC_ Loan Officer Review I have reviewed this draw and find it to be within provisions of the Loan Agreement and I authorize payment. Completed by: CITY OF ALBERTVII.LE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: October 13, 2000 SUBJECT: PUBLIC WoRKs REPORT PARKS — Altogether we purchased and planted nine (9) large trees in West Wind and Oakside Parks. Winter Park has been cleaned up of garbage and debris. Winter Park had been somewhat graded. I am in the process of repairs to the hockey rink and getting it ready for winter. Are we going to try to do something about snowmobiles ruining the trail system? ■ STREETS — We placed some new signage along Barthel Industrial Drive. 30 MPH and 25 MPH curve signs. The Savitski Ditch along Cty. Rd. 37 has been final graded and seeded. We are working on getting the plow truck ready for the season. WASTEWATER TREATMENT PLANT — I passed the exam and now have a Class D Wastewater Operators License. TG:bmm W-1-1."6 CITY OF ALBERTVMLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Water Department DATE: October 13, 2000 SUBJECT: REPORT WASTEWATER TREATMENT and WATER DEPARTMENT: • Pull Pump #1 in Main Lift Station for inspection. • Had to order new pump. • Cost to repair old pump was close to the cost of a new pump. • Fixed Fire Hydrant at Barthel Industrial Drive and 54`h Street • Bolts holding the lower barrel section on rusted off. We have very aggressive soil in that area and will continue to have water main problems. • Cut and trimmed Wastewater Treatment Facility grounds for the last time this season. • Continuing to do daily, weekly, and monthly duties. 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O za ww {i D LJJHJ z 3w w� aQ �U U) G �:2 J U Q �� w W Z 2 > N or - lax s< O `� e l U I-. j r , � se, I c Z f`tz o a` i p uw ur 1 LLI « « £ o O' g• fi j N =fr z �O E: off'_ aaaa77 777_ � 1 � j f J� N-77 cc Y L .•..Q w 'Q a�,W t 3 U I m y W Z Z �C O x ►_ m ¢ O y a m LL o) « m 7 t = Q lE O r j z " 3 ° O O a CC,:,y c o c i- Ln E o CO in � Fes- t) o t- �O za ww �Ix t- c9 Qz 0� �O wz Q0 �w uO U� as 3 c=i U) 0 U) w 0 a z� a 4) LO ¢ z z U N cc w F- z a) 0 LO 0 0 z 2 N w 0 c a o w � Q Z u') 0 Z w .� Q w m •a ti a ¢ ¢ F- FO za ww f- 0 az wLu FO LZ Q� 3w wO as �U N ES F- J LL w b z Cl) N � ¢ z u 2 ►� 0 � Dui NINE 0NONE � INn -N 1 lion O ed � 3 � O a y M r O e� b0 o � o " 40, U cn 3 Q Cd O z 0 > y 03 ^C 3 U as (A u vyi o top o V w Cd 0 3 a 4 o cX o C to ^ O .fr o C/) O '� u o o � N r. o En 0 ECd U� x H O u o z a O O N O G r, O 03 a.> 0 03 .N cl C4 U, w N O O 7 U IF v Q z 0 Q � a Q Z N .. y 6 � � 0 0 W G. rf cn O 096 Z O 4 Z l8il �.} W � � z 'i U a4G W W O > O W Q 0 O c za 0 0 z F `� �, 0 o U. 0 LLJ o < °� F z w 0 pt "3 wG 4� 8= O a w a 3 o v 3 ..• ri �; a Y+ �d e� o0 a C e E 0M u < o0 A e A Uo- o oA E 0 o wl C Co a' r+ a 3� c e'>o�= 56C�) HOUSE STAKING / SITE PLAN FOR: HOME EQUITY BUILDERS DESCRIPTION: LOT 6, BLOCK 7, CEDAR CREEK NORTH, WRIGHT COUNTY, MINNESOTA M, BECKY do TERRY PAULY a - Denotes wood hub set 9Ew.s - Denotes proposed elevation NORTH - Denotes Iron pipe set 9EI6s - Denotes proposed elevation 0 30 - Denotes Iron pipe found varying from development plan - Denotes direction of flow 9EI6.s - As built elevation �� - Denotes existing elevation SCALE IN FEET A-0B0Q8_37" R=220.00 L= 31.27 964,0 964. 6 . 964.3x 964.6 4. �e INV 955.9 der pt O 0 0 O 0 C 9E W O O O AX i,,;`, E � t� Pji; ut=jA y A l k,ud r y caa;- « (.� � w '� r A I" J E R t E' KARSTON DRIVE Approximate Watermaln O to Sanitary Sewer (0 tp C G I 96jA 0.4 qe q Eyo ,o 9 10 I N 'JC Vr9 O /9 4.9 / 965.5 / 6p 9 BENCHMARK TOP OF IRON 966.74 NORTHWEST ASSOCIATED CONSULTANTS, IN 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: October 11, 2000 RE: Burger King Site Plan Review and Final Plat FILE NO: 163.06 - 00.02 The Planning Commission reviewed the proposed site plan and final plat at their meeting on October 10, 2000. The Commission voted 4-0 to recommend approval of the site plan and final plat subject to the conditions as outlined in the attached findings of fact and recommendation. CITY OF ALBERTVILLE 10-16-00 City Council Findings of Fact & Decision Site Plan PUD Sign Plan Final Plat Applicant's Name: Dolphin Real Estate partnership LLP — Burger King Request: Dolphin Real Estate Partnership LLP has submitted a site plan, and sign plan and final plat application to construct a Burger King convenience food and drive-in restaurant on proposed Lot 1, Block 1, Dolphin Real Estate Addition. The subject site is a 1.16 —acre parcel located south of the Albertville Outlet Mall. The property is part of the Outlets at Albertville PUD, which was established in 1999 and anticipated this type of use. City Council Meeting Date: October 16, 2000 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: A. The legal description of the subject property is Outlot D Outlets at Albertville and will be platted as Lot 1, Block 1, Dolphin Real Estate Addition. B. The site is 1.16 acres in size C. The use is permitted under the Outlets of Albertville PUD D. The Planning Report dated October 5, 2000, prepared by NAC Inc., is incorporated herein. E. The Planning Commission reviewed the request at their October 10, 2000 meeting and they recommend approval subject to conditions as outlined herein. Decision: Based on the foregoing considerations and applicable ordinances, the City Council Approves the site plan, sign plan and final plat for Burger King, based on the most current plans and information received to date with the following conditions: 1. Exterior materials and colors shall be as presented at the October 10, 2000 Planning Commission meeting. 2. Odor control scrubbers shall be included in the construction plans submitted for building permit. 3. A shared access (ingress/egress)/parking lot agreement and/or easements with the owner of the Outlet Mall site shall be provided subject to review and acceptance by the City Attorney. 4. A revised landscaping plan shall be submitted as outlined on page 3 of the NAC report. 5. A lighting plan shall be submitted that meets the ordinance. 6. Signage shall be permitted as outlined and will be included as part of the PUD for the outlet mall. 7. The Entrance sign shall be setback 20' from the north property line. 8. Any other conditions of the City Council, City Attorney, City Engineer and/or applicable review agencies. Adopted by the Albertville City Council this 16th day of October 2000. City of Albertville John Olson, Mayor Attest: Linda Goeb, City Administrator NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@wintemet.com PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Cindy Sherman DATE: October 5, 2000 RE: Albertville — Burger King Site Plan Review and Final Plat FILE NO: 163.06 — 00.02 BACKGROUND Dolphin Real Estate Partnership has submitted an application for site plan review for Outlot D of the outlets of Albertville property. The property is a 1.16-acre parcel located just south of the Albertville Outlet Mall. Access to the site is provided via the private drive access into the Mall property from County Road 19. The site is part of the Outlets at Albertville PUD, which was established in 1999. As part of the negotiated PUD zoning, a restaurant use is permitted on the site subject to site plan review and platting of the site. Since the site is zoned PUD, this report provides an evaluation of the requested site plan and plat consistent with Albertville's B-3 Zoning District. Attachments: Exhibit A — Site Location Map Exhibit B — Site related Plans Exhibit C — Landscape Plan Exhibit D — Sign Plans EXECUTIVE SUMMARY Recommendation If the Planning Commission/Council find that the site plan, related sin plan appropriate then a motion to approve would be in order subject to the and olllolot are conditions: are 1. Exterior materials and colors shall be provided. 2. Odor control scrubbers shall be included in the construction tans building permit. p submitted for 3. A shared access (ingress/egress)/parking lot agreement and/or easements with the owner of the Outlet Mall site shall be provided subject to review and acceptance the City Attorney. p by 4. A revised landscaping plan shall be submitted as outlined on pa e 3 0 5. A lighting plan shall be submitted that meets the ordinance. g f this report. 6. A final plat shall be submitted for approval and recorded prior to iss uance of the building permit, 7. Signage shall be permitted as outlined and will be included as art o the outlet mall. p f the PUD for 8. Any other conditions of the Planning Commission, City Council, City Engineer and/or other applicable agencies. Attorney, City Site Plan Review The proposed site plan appears to be consistent with the City's requirements zoned properties. q ments for B-3 Building Setback: The proposed building meets the ordinance setback The most northeasterly corner of the structure is at the 35' required setbackandthrequirements. balance of the structure exceeds all of the required setbacks. back and the Site Access: The site access will be provided via the access drive to the outlet center. Building Appearance: The Proposed consisting of stucco, standing seam etadinroof will materialsaluminum and glass n exterior a "storefront type" windows. wing wall, the applicant will Colors for the exterior will Greystuccoappearance bring sample materials and photographs to then blue accent meeting. Exterior Storage: No exterior storage is proposed as part of the application. enclosure is constructed as an integral part of the building with an overhead gerhead trash door provided. garage Odor: The Zoning Ordinance contains a performance standard concerning may be emitted from certain types of business/industrial odors that restaurants and other eating establishments often utilize rillsoa operations. Fast food exhaust to the outdoors. In order to address this matter, it is recommended vents, which 2 that Burger King install "scrubbers" to limit the amount of "grill" odor emitted on site. The installation of odor controls at the time of construction will stave off potential complaints mplaints in the Parking: The Zoning Ordinance requires the Establishment/Convenience Food o erations- Ordinance Standard following parking for Drive -In 1 space/ each 35 sq. ft. of gross floor area of service and dining area 2 additional parking spaces for drive through service facilities 1 space for each 80 sq. ft.-of kitchen/storage area Total Parki Grading/Drainage/Utilities: Required Proposed S aces S aces 42 43 2 2 11 11 55 1 56 The City Engineer has reviewed the plan and has requested some modifications. The final plans are subject to the review and approval of the City Engineer. Loading: The site plan provided does not designate a specific delivery truck unloading area, however it appears deliveries will be conducted via the access door next to the trash enclosure area. Circulation: Internal circulation will be provided via two full accesses into the site an on exit from the drive -through lane. d Landscaping Plan: The Zoning Ordinance requires landscaping treatments within the parking lot areas and around the perimeter of the site. The landscape plan and planting schedule do not match. A revised landscape Ian, with consistent planting schedule, that includes the following (in addition to the plantings 9n depicted on the landscape plan) will be required prior to issuance of a building permit: ♦ Additional plantings between the parking area and the access drive ♦ Additional planting in the 35' buffer zone area. The applicant shall post the appropriate landscape guarantee as required by the Zoning n g Lighting: No lighting plan has been provided. A lighting plan that meets the ordinance shall be provided for City approval prior to issuance of a building permit. Signage: The applicant is requesting that the City approve existing PUD governing the site. Their intent is to be considered part of the Bart eer development and not a stand-alone business. They are looking for flexibility to allow 3 t both a pylon sign and a monument si n. T square feet in area. 9 he pylon sign is proposed to be 35 feet in height and 10 height. The applicant has indicated T that Ordinancehe he w permits uc s accommodate a second user so that at the t' y will construct the and 30 feet in signpost. The ime outlot C develops they Pylon w71 share a Y are requesting the larger sign for visibilit approximately 400, from the right-of-way. y from I-94; they are In addition, the applicant requests a monument sign base with a 32 square foot reader board and a 12 square overall height of the sign is proposed that is proposed on a masonry proposed on the roof mansard, one on tthe feet. Additional f signs include oot round 2 w ll The elevation. Additionally, a 16 square foot twors front elevation and one on the rightllfain signs the wing wall that is on the left facing elevation. g go is proposed as a wall sign on RECOMMENDATION The proposed site plan is generally consistent with the requirements of the Zoning Ordinance and PUD agreement. The outstandin determines it is appropriate to include the lot under the question is weather or not the City comprehensive sign plan. If the City determines that the ro Y as a stand-alone site then the comprehensive PUD for purposes of creating a plan as proposed would n subject to a variance sign p perty should be considered 9 plan is not appropriate and the sign ACTION REQUESTED: application. A motion to en approve, deny or The conditionally conditions suggested approve the site plan, plat and signage Proposal would be den the recommendation on page 2. for an approval are included in PC Linda Goeb Mike Couri Pete Carlson Dolphin Real Estate Management, LLC .V" ♦ - M.AI... oeoaa000aaaooa00000c0000000a®000ea0000®v0000eaaaaeoeeaaee.o.mo...... ...... 'SSY SYiY:as;3SadiCe.;YY�kYT `. nsYYY ....n=, � ..... ......O �.�... m ■ uaaoo a eaae ■ ■ aooaue ooaoou ■ eeooe eos 7Y`.,7YYTYn`s;YY:YYXCn.gaF�Feco..i..�.....- ❑ S 8$ gTi• L' •�9Ea�°....�Ai�EES O BURGER KING RESTAURANT _ """'�� BURGER KING ElFG as w/Playland �_.A.. MN CORPORATION "` Alb®rtviila, ::.:: slenw _ A.�M ■ooeeoe000aue oil � Z 0 m BURGER KING RESTAURANT ® ""'�� '��^• BURGER KING r BK 94 w/Playland I '= CORPORATION Albartvill®, MNJ �.. D BURGER KING RESTAURANT ® "�"^@BURGER KING BK 94 w/Playland _y CORPORATION -` Albertville, MN rLaan ww •ro oEiue ,wNw � q nN e.n ooislie ia-di tTif� oN ;A I 'dn'a '.fva�l �13- .Jn Ns sin ti• , ' v `,: W a 8 3 a 3 m 5 W g 6 8 y 3 w y d i 1 3 � erni raalXrq sroe-realars) NV Id IUdIN00 NOIS083 \M as usvv .J...,.,.,� •Nr,.•..>,a V 30VNIVNCI ONIOVNO ooa a,•,s •r!wi .+n•+.it •a oa vssv-urlrr4 a�na-nr/ars) dIHSH3N1bVd 31V1S3 1V32! NIHdI00 �3 niit9 .Jwwv.A y�.yr ,na NOd .nr •ea.o oss NM TMAJbMW \ Q:i:�oo:Qy p'.o�'oyop I �ooie 'i log F. NOIlI00V 31V1S3 lV3N NIHdIOCI N i Tu tirM 9 ------------------------------- r----- - - ----------- r, / 1 i/ 1 j K I I � I I I I \� \♦ T' i---1L8 \ vv♦♦ a FF a r Xp t. R Zp �y * 3 9 3 N r ' DOLPHIN REAL ESTATE ADDITION \w Oiva/ 6 AsaoelaAfsa, %TQ. • •epo•t .aa p.eppree DATE: 9/16/00 Ne DATE DESCRIPTION .bhn LOT I, BLOCK I p.N ••.�-«.....- w. .� e . F e DESIGN ev xE &MTVUL MN J00 Oe.O. Avmw na tF 1 Em<�s.a Proresslonm s�FM °en m D-4 ar_ To —__ fY Z! Ylrou..l ,TJJJO .....r_4_.__ (011)Ill-20ft (/AI)111-J66J of uinnaaota. /,nV/'/ CI+ECKEO Bv. iln \ DOLPHIN REAL ESTATE PARTNERSHIP Dwe=-SnJUiILOWG Z01 I. Mv.Im M14 JWI. S00 Crl UTILITY PLAN au ^��•. Ya .nw JJJJJ sane: 0 ) 7xT- (f1Z)091-J0.J (IIIJJBI-J01J Do1.: 8/16/oo F.a N 5 P4E -- .C.\SOSK\PROJ\7837\7837PLAT.dwg Fri Aug 18 08:32:08 2000 THOMAS UNCHECKED PLAT SUBJECT TO CHANCE NW33'34'E 130.06 1 OP N A rl` zsr----------------------------- S / � I I , � , I I r y / 7 , i , I I I a i / I / o / I r / I I � , I y r r I I I 00 I � rT1 _ 1 � I � I \ \SC � Q \ 1 \ / r \ / i \ �'Neon—'. r T I i o> m s� °Xr. a°fig 8 �> ° I gyp• ash r _-� '3 , ' • C.\SDSK\PROJ\7837\7837PLT1.dwg Fri Aug 18 08,43:05 2000 THOMAS �UNC;HECKED PLAT JECT TO CHANGE August 29, 2000 City of Albertville 5975 Main Ave North Albertville, MN 55301 Dear City Staff, Planners, Commission and Council, Enclosed is a copy of the Elevations and Signage for the proposed Burger King at Albertville Outlot D. The following signs are requested on this site: (See attached for copies and details) TYPE SIZE 1 ground sign 12 foot round sign 35 ft. high 108 sq.ft. 1 entrance sign 4 foot round & 4X8 readerboard 44 sq.ft 2 wall signs 5 foot round 38 sq.ft 2 awning signs Raceway 17ft long 2 ft high 60 sq.ft. Total Signage requested 250 sq.ft. The above signage meets the Burger King Specifications for their standard Image 99 building. If you have any questions please call me at 612-338-7581. Sincerely, Gregg Klohn DOLPHIN FAST FOOD, INC. 258 Hennepin Avenue • Minneapolis, Minnesota 55401 • (612) 338-4220 A Franchise of Burger King Corporation EXHIBIT: BURGER KING SIGNAGE 1 4 SivEE' 7 O ©O 2Irl E' I I� o0 o° SIP RACEWAY SIGNS / AWNING SIGNS 2 BURGER KING RACEWAY SIGNS TOTAL 60 SQ. FT. i ..s ENTRANCE SIGN 4 FOOT ROUND SIGN 12 SQ. FT. 4 X 8 READERBOARD 32 SQ. FT. OVERALL HEIGHT OF SIGN 11 FEET r0ifof 7 3 sogol y , I � I pIVM'"TM ow #to, so s ai GROUND SIGN 12 FOOT ROUND SIGN 108 SQ. FT. OVERALL HEIGHT OF SIGN 35 FEET WALL SIGNS / BUILDING ENTRANCE SIGN -- REQUIRED BY BURGER KING 2 -`5 FOOT ROUND SIGNS TOTAL 38 SQ.FT. sirE PLAN \t14 _� r - 2W-W =S� MEMORANDUM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer to - DATE: October 9, 2000 RE: Burger King Site Plan Review Albertville, Minnesota SEH No. A-ALBEV 0101.00 D33 320.229.4300 800.572.0617 320.229.4301 FAX I have reviewed the revised site plan for Burger King, date stamped by our office on October 9, 2000 and found that the comments in our September 20, 2000 letter have been incorporated, with the exception of item 7. "Do Not Enter" signs should be added to the easterly driveway. With the addition of these signs, the site plan is approved. tjw c: Mike Couri, City Attorney Cindy Sherman, City Planner Wayne Stark, SEH W:WLBEVkoffVw09a00A1 Short Elliott Hendrickson Inc. Offices boated throughout the Upper Midwest Equal Opportunity Employer We help you plan, design, and achieve NORTHWEST ASSOCIATED CONSULTANT , IN/P 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595,9636 Facsimile: 952.595.9837 nac®vvinternet.com MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: October 11, 2000 RE: Sign Variance — Mobil Station FILE NO: 163.06 - 00.26 The Planning Commission held a public hearing and reviewed the variance request for the Mobil Station site at their meeting on October 10, 2000. The Commission voted 3-1 to recommend approval of the request as outlined in the attached findings of fact. The Commissioner who opposed the recommendation indicated a concern about the precedent of allowing a variance for signs. The Commission felt that the request met the intent of the sign ordinance and that the City reviews each request on its own merits. Draft findings of fact and recommendation are attached based on the Commission review. • CITY OF ALBERTVILLE 10-16-00 City Council Findings of Fact & Recommendation Applicant's Name: Mooney Development Corporation Variance for Sign Plan Request: Mooney Development Corporation has submitted a variance application to allow signage that varies from the regulations in the sign ordinance. City Council Meeting Date: October 16, 2000 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and recommendation: 1. The legal description of the subject property is Lot 1, Block 1 Mooney Addition, according to the recorded plat thereof, and situated in Wright County, Minnesota. 2. The Planning Report dated October 6, 2000, prepared by NAC, Inc. is incorporated herein. 3. The Planning Commission held a public hearing on the request on October 10, 2000. 4. The requirements of Section 11 of the City Sign Ordinance have been met as follows: a) The conditions are unique to this site. b) The total signage proposed is less then the ordinance would allow. c) The proposal meets the intent of the sign ordinance, which is to permit an efficient, effective and aesthetic means to communicate while maintaining an attractive appearance. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for a sign variance is recommended for approval based on the most current plans and information received to date, subject to the following condition: 1. No other signs will be permitted on the property unless the City approves an amendment to the sign plan. Adopted by the Albertville City Council this 16th day of October 2000. Attest: Linda Goeb, City Administrator City of Albertville In John Olson, Mayor Findings of Fact Mobil Sign Variance Page 2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@vvinternet.com PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Cindy Sherman DATE: October 6, 2000 RE: Albertville — Sign Variance for Proposed Mobil Station FILE NO: 163.06 — 00.26 BACKGROUND Mooney Development Corporation has submitted an application for sign variance. The application is being made to allow the purchase of standard sized signs provided to them instead of customized signage. REQUEST The variances relate to the canopy sign and the proposed pylon sign. Sin Permitted by Ordinance Request by Variance Canopy 12 inch tall letters — Total 80 square feet 21 inch letters — Total 34.5 square feet Pylon 125 square feet — 75 feet high 142 square feet — 75 feet high Other signage proposed on the site meets the ordinance regulations. The applicant has indicated that the total square footage of signage proposed is 305.56 square feet and the ordinance would allow up to 437 square feet if all signage allowed were maximized. VARIANCE CRITERIA The ordinance provides that "where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this ordinance, the City Council has the power to vary..." based on the following conditions: a) That the conditions involved are unique to the particular parcel of land or use involved. b) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. c) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. d) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the police and fire departments of the City. RECOMMENDATION If the Commission/Council finds that the above conditions are met, then a condition to approve would be in order. Staff recommends any approval include the following condition: 1. No other signs will be permitted on the property unless approved by amending the sign plan. 2 Sent By: MOONE( GEVELOPdENT; .,etSuite; Aug-17-ce 4:19PIA; Page 5/13 ' v a ". W- CROIX OIL ail[ COIT1PflIlY Mr. Mark Mooney Vice Presiderd iMo vy Nvelopmem Corporation 14737 WHds View Pryor Lek*, MN $6372 Dear W. Mooney: In our C11SWIsions about the sign mquirementst for your Albertville location sores questions have arisen as to the Mobil minimum requirerWts as to sign spsdtications. Those minimum requiramenta are as follows: Moon Neon Canopy Leeds 21 31W' Letter Hsight 11.5 Total Square Feet Mobil IV Max Figs High hiss T 7` Height 1W 1-112"width 142.5 Total Square Feet I hopR this will Clarity the issue. If you have any questions please conted me. sincerely, OIL-. KftM W. Koenig pusinms Deveto "Mm Manager CtOk Oil Company E)bcm wp olstributor C. City Of Albertville 1749 South Greeley Street + PO. Hoot 1e • 3ti0water, Minnesota SM82 * Telephone: (651) 43"755 M/20'd T90T6£btiS9 M -1I0 MOND cE:LT oow--9T-vnw Sent By: MOONEY DEVELOPMENT; Je_Suite; Aug-17-00 4:19PM; Page 6/13 Aug-16-00 11:54A P.04 AlbedviNe / Mooney MOW 10 Sign 41' 10'wide x 414" high I M o 43.33 square feet 3 Product Price Sign 5'6' wide x 5' 1 UIS' high ` 26.95 square fw. 17 Car Wash Double AMU 5' 8" wide x 3' &18" high rL 15 square feet Speedpass AMU 5' 8' wide x 1' 6 13AS' high 8.85 square W 31TOW Same Feet (A) Wkk Body Nut To Scele : }. a Sent By: MOONEY OEVEIAPMENT; JetSu_te; Aug-17-00 4:20PM; Aug-16-00 11:54A Page 7/13 P.05 ow C A I - (A) WNT (8) WFINT Gnms ome@ - lessor Burs: wwvmp� Sent By: MONEY DEVELOPMC NT; Aug-16-00 11:54A JetSU.te; Aug-17.00 4:20PM; Page 8/13 P.O6 A 0 r son$$ - now Rearm. "vor woW 8eit By: MOONEY DEVELOPMENT; Aug-16-00 11:54A Je?8u-te; Aug-17-00 4:21PM; Page 9/13 P.O7 A :I- C u r'r1 Co -1 Sdnt By: MOONEY DEVELOPMENT; Je_Surte; Auq-lE-00 11:55A Aug-17-00 4:21PM; Page 10/13 P.O8 10, 40 if' t WIN fills - boon' ow Sant By: MOCNEY DEVELOPMENT; JetSulte; Aug-17-00 4:22PM; Page 11;13 Aug-16-00 11:55A P_pg Ao . S� Sent By: LOONEY OEVELOPMEN'; AuQ-16-00 11!56A je-Suite; Aug-17-00 4:22PM; Page 12I13 P.10 C -r-,.*A G I (!►1 (31 PROOUCT (8) (3 PRODUCT ib Mumma - um !�! Solt By: MOONEY DEVELOPMENT; Aug-16-00 11t66A Je-6ulte; Aug-17.00 4:23PM; Page 13/113 P.11 U� WIN Now -?.M•e TmMartt" J!TLNORTHWEST ASSOCIATED CONSULTANTS 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MT. . Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: October 11, 2000 RE: Ordinance regarding house size and garage size FILE NO: 163.05 - 00.15 The Planning Commission held a public hearing and reviewed the proposed ordinance amendment at their meeting on October 10, 2000. The Commission voted 4-0 to recommend no change in the current regulations regarding house size, garage size, or accessory structure size. The Commission felt that the current minimum house sizes are large enough based on house styles and that the existing ordinance provides adequate provisions to allow for larger garages and accessory structures where appropriate. The ordinance currently allows garages over 1000 square feet and accessory structures over 150 square feet by conditional use permit. The information provided to the Commission is attached for your reference. NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM TO: Albertville Planning Commission FROM: Cindy Sherman DATE: October 4, 2000 RE: Ordinance regarding house size and garage size FILE NO: 163.05 — 00.15 Background The City Council requested that the Planning Commission schedule a hearing on modifications to the ordinance regarding minimum house sizes and maximum garage sizes. A survey of regulations from other communities regarding garage size and minimum square footage for a house was completed. In the table below is a summary of the findings. Garage Size - Home Size Survey COMMUNITY MAXIMUM MINIMUM SQUAREFEET 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. I none Buffalo 900 sq. ft. 1040 sq. ft. ( three bedroom Monticello 400 sq. ft. 1000 sq. ft. minimum Albertville regulations are generally consistent with the regulations of the other communities surveyed. Regarding attached garages, the existing ordinance is similar to the communities surveyed. Based on discussion at the September meeting it appears that the desire to increase the area allowed is based on the inability to construct detached accessory structures on some lots. The total attached and detached accessory structure is not to exceed 1150 square feet, 1000 sq. ft. in one building and 150-sq. ft. in a second building. One option is to keep the total square footage the same but allow all of the area to be in one structure. It should be noted that the existing ordinance allows modification to the regulations by conditional use permit. A standard four -stall garage would require approximately 900 square feet of floor area; the current ordinance allows 250 square feet over a four -stall garage. Ordinance language has been drafted to reflect modifications if desired. Recommendation The Commission should discuss if changes in the regulations are desired and recommend specific sizes to be included in the ordinance. Page 2 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2000-13 AN ORDINANCE AMENDING SECTION 1000.4 (ACCESSORY BUILDINGS) AND SECTION 1100.6 (MINIMUM FLOOR AREA PER DWELLING) OF THE ALBERTVILLE ZONING ORDINANCE TO MODIFY THE SQUARE FOOTAGE ALLOWED IN ONE ACCESSORY STRUCTURE AND TO INCREASE THE MINIMUM FLOOR AREA FOR A SINGLE FAMILY HOME. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1100.4 Accessory Buildings, Uses and Equipment, is hereby amended as follows (underline indicates addition, strike through indicates delete): (b)(3) The total floor area of either an attached garage or a detached garage for a single family detached dwelling shall not be less than four hundred eighty (480) square feet, shall not exceed 1000 square feet of floor area, unless combined with the allowable_ 150 of accessory structure for a total of 1150 square feet of floor area and shall not exceed the ground coverage of the dwelling, except by conditional use permit. In no case shall the combined area of attached or detached accessory structure and arage exceed 1150 square feet of floor area SECTION 2. Section 1100.6 Minimum Floor Area per Dwelling Unit, is hereby amended as follows (underline indicates addition, strike through indicates delete): (a) Single Family Dwelling Units. Except as otherwise specified in the zoning district provisions or allowed as a conditional use permit, single family homes shall have the following minimum floor areas per unit. Two-Bedreem 1100 square feet above ground SECTION 3. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of 2000. CITY OF ALBERTVILLE In ATTEST: Linda Goeb, City Clerk John A. Olson, Mayor f10/11/00 11:30 FAX 320 229 4301_ _.9EH ALBERT ILLE 9001/001 Ar AdWV OMEN FAX 7RANSMITT 1200 25th Avenue South, P.O. BOY 1717, at. cloud, MN 56202.1717 320.229.4300 IC0.572,0617 320.220.4301 FAX ❑ PIED OFFICE: _ _ SEH FILE NO: AALREV9906.01 VA'E; Ootober 111 2000 FROM Duane Day...._ _ TOTAL PAGES 1 FrUUdrng cotrorshed) []URGENT ATTN: Mike Kranz AT -TN., Linda Goeb, Administiatar A77N. — 004R a S�bee Builders, lnc. 00/oRG: City Of Albertville caM: FAx No: 763.479,3267 FAx No.. 763.497.3210 ._ FAK NO, — PmoNE: 763.479.1300 FHONE: 763.497.3384 PHONE: SUBJECT. Fire Station O&M Manual REAuRKS: Mike Two items regarding the O&M Manual 1. Short Elliott Hendrickson and Emrmnualson-Podus should be listed as Owners Representative. The Architect of Record should be RemclY Architects. Likewise the Mechanical, Electrical and Sprinkler Designers shold be listed; i.e. Donald Voss for the plumbing. I. is there any warranty from Fab -Con that could be included in the ?�tartaual? We are ❑ Sending original by MAU ® Sending by FAX onty ❑ Sendlrra as requesw ForTa►r ❑ lyour R� p g Review and comment ❑ Approval ® Ad;on ❑ Distr�Lit>rlOn ❑ Revision and restdxn�itad K transrrtiaaion was not moeivod ProP", Pioase oonbw the sender at the phone +weber above WE REO(JESTA REBPONSr= FROM YOUBY.' October 16, 2000 - snx) ��scHSC l+i�a�}�uuteev�9Ca.otv�rt�mt�trM.JK Short Elliott Hendrickson ;nc. Ofliocs located throughout thd Upper Midwest • Equal Opportunity Employer We /*.)vu ji=4 , 4r,* C/ (/) CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT Cedar Creek South Sixth Addition THIS AGREEMENT, entered into this day of , 2000 by and between Pilot Land Development Company, Inc., referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City" WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit A, attached hereto and incorporated herein by reference, which parcel(s) of land are proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Cedar Creek South Sixth Addition" and may sometimes hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's Development Stage plan of Cedar Creek South Sixth Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to, grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal Improvements") be installed to serve the Subject Property and, further, to be financed by Developer; WHEREAS, the City further requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete • driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; and WHEREAS, the City and Developer have previously entered into a Developer's Agreement titled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") under which the City granted concept plan approval to the plan for the area covered by said Master Agreement; and WHEREAS, the City and Developer desire to supplement the Master Agreement with the site specific details applicable to Cedar Creek South Sixth Addition, as evidenced by the execution of this Agreement; and WHEREAS, the City and Developer desire to have this Agreement and the Master Agreement read together as if the entire Master Agreement were recited herein; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Concept Plan Master Agreement. A. That certain Developer's Agreement entitled "City of Albertville Developer's Agreement Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement" ("Master Agreement") between Pilot Land Development Company, Inc. and the City of Albertville, dated February 27, 1998 is hereby incorporated herein the same as if the text of said Agreement were contained within this document. B. It is the intent of the parties that this Developer's Agreement ("Developer's Agreement") supplement the Master Agreement as to the specific development issues related to Cedar Creek South Sixth Addition, and that these two documents be read together to determine the rights and obligations of the parties with respect to the property contained within the Cedar Creek South Sixth Addition. In the event of a conflict between the terms of the 2 r Master Agreement and this Developer's Agreement, the terms of this Developer's Agreement shall control with respect to any conflicting issues within Cedar Creek South Sixth Addition, but any such conflicts shall not alter the terms of the Master Agreement as they apply to other plats, now existing or to be platted in the future, within the remaining land area subject to the Master Agreement. 2. Construction of Municipal Improvements. A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Cedar Creek South Sixth Addition, as prepared by Meyer-Rohlin, Inc. dated September 1, 2000, with subsequent revisions, as on file with the City Clerk, said improvements to include installation of water mains, sanitary and storm sewers, storm water pondmg, and site grading. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2001 with the wear course of bituminous pavement to be installed after May 15, 2002 but before July 15, 2002. B. At the time of execution of the Master Agreement, the City and Developer had anticipated that the Developer would be installing a lift station as a Municipal Improvement to serve Said Plat and other lands within the City. However, Developer and City now agree that the City shall install said lift station, and the provisions of paragraph 4 of the Master Agreement are hereby declared void and are no longer binding upon either the City or the Developer. 3. Construction of On- and Off -Site Improvements. Developer shall construct all on - and off -site improvements including installation of boulevards, paved streets, curb and gutter, street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front and side yards shall be sodded. Backyards may be seeded or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new required plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2002, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. 3 4. Intended Use of Subdivision Lots, Requirements. A. It is the Developer's and City's intent that twenty single-family detached townhouse dwelling units be constructed on the lots in Said Plat, with one unit per numbered lot, all such units to be built in substantially the same location, configuration and layout as shown on the attached Exhibits D, E, and F. Developer agrees that it shall not construct any units other than said single-family townhouse detached dwelling units on the land in Said Plat. B. Lots located in Said Plat may have varying lengths of building separation, provided that no building separation length may be less than Twelve (12) feet. C. Streets shall be private and shall be maintained by the homeowner's association. The City shall have no responsibility for the maintenance of said private streets. D. Outlot A shall remain a common area and shall be maintained by the homeowner's association and shall not be considered a buildable lot. E. Lot 1, Block 1 shall be used for golf course purposes consistent with that use as defined in paragraph 5A of the Master Agreement. 5. Surety Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $239,035 representing the sum of 100% of the estimated cost of the Municipal Improvements ($130,000, including the private streets) 50% of the on and off -site improvements ($12,000), and 150% of the estimated cost of the required plantings as shown in Exhibit C ($97,035). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank. If a bond is used for up to 25% of the surety amount, said bond shall be in an amount at least 1.5 times the percentage of the required surety which the bond represents. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including but not limited to on- and off -site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, H to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 3 0 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of 5 surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements and/or On- and Off -site Improvements, and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. B. The Developer may request of the City a reduction or release of any surety as follows: When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. R 7. Sanitary Sewer and Water Trunk Line Fees. A. Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance requires the Developer to pay $1,400.00 per acre in sanitary sewer trunk line fees. There are 5.01 acres in Said Plat. Therefore, the Sanitary Sewer Trunk Line Fees for this plat would be $7,014.00 ($1,400.00 x 5.01 acres). However, per the agreement outlined in Parkside 3`d Addition Developer's Agreement, paragraph 2, pages 2-5, the developer will be credited $900.00 per acre for the installation of a sanitary sewer trunk line. Therefore, the Developer shall be required to pay $2,505.00 ($500.00 x 5.01 acres). Developer will pay said fee prior to the release of the final plat by the City. B. Developer shall be required to pay trunk water line fees of $1,100 per acre. There are 5.01 acres in Said Plat. Therefore the water trunk line fee for Said Plat is $5,511.00 ($1,100 x 5.01 acres). Developer will pay said fee prior to the release of the final plat by the City. 8. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit B. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in 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 shall make any necessary improvements or go through any necessary procedures to ensure compliance with any legally enforceable federal, state, county or city requirements, all at Developer's expense. The City may elect to (but shall not be required to) refund to the Developer expenses incurred by Developer for machine operator time spent cleaning the ditch beyond the boundaries of Said Plat. 10. Miscellaneous. A. This Contract shall run with the land and shall be recorded against the title to the property (or shall be recorded via a short -form companion document referencing this Agreement). Upon the Developer's request the City will execute and deliver to the Developer a release discharging Developer's obligations under this Agreement, provided the Developer has completed all work and met all obligations required under this Contract, and after expiration of the warranty period. 7 B. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in Said Plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. C. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. D. Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. E. The Developer shall establish a homeowner's association via a recorded covenant for this development. Said homeowner's association shall provide for maintenance of all common areas (including the area of the platted lots that are not covered with structures), streets and the exterior of all town home structures in perpetuity. Said association agreements/covenants shall be in a form and content acceptable to the City Attorney. F. If a subdivision sign is desired by the Developer to identify the Cedar Creek South Sixth Addition development, a sign plan shall be submitted for the review and approval of the City Planner. Deed restrictions or other appropriate documentation shall be provided to identify that the private homeowners association shall be responsible for the maintenance of the grounds as well as the subdivision sign in perpetuity. Said documents shall also provide a clause allowing the City to remove the sign in the event that it is not maintained. The �3 written documentation shall be subject to review and approval of the City Attorney and filed with the Wright County Recorder's Office. G. Developer shall obtain all required driveway, utility and other permits as required by either the City Engineer and/or Wright County including, but not limited to, obtaining access permits from the County for the two proposed townhouse pod accesses to CSAH 18. H. Developer shall guarantee that all new plantings as required by Exhibit C shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. 11. Dedications to the City. A. The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall dedicate all sewers and water mains to the City. Upon acceptance of dedication, Developer shall provide to the City "As-Builts" of all sewers, water mains, and roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. B. Developer acknowledges that a total of .61 acres of park land (6.1 acres of land x .10) are needed under the City's current park dedication ordinance. The Developer is not dedicating any park land with this plat. Developer shall meet its park dedication requirements through the payment of $1,500 per residential unit in this plat ($30,000, consisting of 20 residential units times $1,500 per unit), subject to offsets in favor of the Developer for excess park land dedicated in prior plats and the cost of construction of trails built by Developer at the City's direction. Developer shall make any payments due to the City under this paragraph at such time as the City directs. 12. Indemnity. Developer shall hold the City and its officers, employees and agents harmless from claims made by Developer and Third Parties for damages sustained or costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers, employees and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 0 Y 13. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis. Developer further agrees that any damage to public property caused by Developer, its agents or employees, will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property caused by Developer, its agents or employees, will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 14. Wastewater Treatment Plant Expansion. The Albertville City Council reserves the right to allocate wastewater treatment capacity in a manner it fmds to be in the best interests of the public health, safety and welfare. Developer acknowledges and agrees that the City is currently in the process of expanding its wastewater treatment plant capacity. Developer further acknowledges and agrees that delay in the availability of wastewater treatment plant capacity may occur for some lots located within Said Plat and that such delay in capacity availability may also delay the issuance of building permits for some lots within Said Plat. 15. Assignment of Contract. The obligations of the Developer under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. 10 15. Agreement Effect. This agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, Lo Its Mayor Its Clerk PILOT LAND DEVELOPMENT COMPANY, INC. By Kent Roessler Its President CAB&WbarA6Cedr CYak Seth Stith Ad&t DevdWp A®emwL&C STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2000, by Mark Olson, as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2000, by Linda Goeb, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2000, by Kent Roessler, as President of Pilot Land Development Company, Inc. Notary Public 12 DRAFTED BY: Couri & MacArthur Law Office P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (612)497-1930 13 EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Cedar Creek South Sixth Addition Plat): Lots 1, Block 1 Lots 1-20, Block 2 Outlot A All said property in Cedar Creek South Sixth Addition, City of Albertville, County of Wright, Minnesota. lit a / .1� Ooc Q� _.,dppOpoa, -0000 J' I as l--r itir '` 411 4�C lit � go b ■ _=T -- r-- • off off t i i lit lit � �H Te i to OFIELCPER: PILOT UIO DEVELOPMENT _ TJ7J6 1CHNSCN �•..r.r _ LAKE. A NA11 KE. UN 5`.J0. ^ Ph. I612) 77I-. !2 •p / 1 12 uj Hw LL W Q Y7 ... CL x a' II ge Q cc In cd L ,~ ILI 1�1. P I i ee"e n... 1I d / 0cp0-0 All Ul I)SOet,lplelei.p�iml I \ �\ y;\`� Y- / v \ VICINITY P I \-- I 1 T ,ev 7ewMom. 6 ry �J P \ \ \ EXHIBIT D 1 1777 neovioe rwa wa.Q nmw eunn.c. !OE -A- �x (1 a NOTE: ruereaomeneecxuer .r¢wrrov®•oom�yuuee �. .ee.t. t ROOF PRCHES - ALL G/12 °°G •M vsmce �..�».aee w. ne�u me er.ar nm.rtsene OVERHANGS-P'-0' wo vcnrxeern.e.'. ewuw wmar.awrn. .•�^+,r.mer,.s �nm.w�. roanrsnu®.erts- R. KLS 1'-0" acx+.ex SU12R NOTICE: DUE TO THE VARIOU5 5FTE CONQMCN5 OP INDMDUAL LOT5, THE GRADE UNE5 uT'•04�� REFLECTED BY THIS PRINT ARE FOR ILLU5TRATNE FURPOSE5 ONLY. AND DO NOT REFLECT ACTUAL �7TG1' +snwr �nw.a flNt5H GRADE OR EItVAT10N5. CIyL(,pus2 sec. �ca�a. va• . r-o• EXHIBIT H ar .o. �a.rea azne _e x.•nro:.c.. r.e aye -� �` w2 .mr.0 M Cu[vt�'aG[mG! . uWMMl30/nt • MCN Qn STJK VOm! �e eLsv�ncM owns rsoeu o:w.l.a w.r rrcv.. d.avw.71 rm'n0l.TC vM�riC.'>L^� �AOap.M r.pypm CY SInt vM9 A r�C.tpCO T' qXH K+rtS. BUYER NOTICE: DUE TO THE VARIOU5 SITE CONDITIONS �lowa cwclo nou aau OF INDIVIDUAL 10T5. THE GRADE LINES REFLECTED BY THIS PRINT ARE FOR ILLUSTRATIVE PURPOSES ONLY. aaro.ea ar�u�, AND DO NOT REPLECT ACTUAL FINISH GRADE OR ELEVATION5. NOTE: ROOP PITCHES - ALL Q12 0 RHANG5 - 2'-C RA 5 I C r MrCUCR SG.r;;sp: l:Ce`Le %CR V"CC -GEC+ 9t. LIM 71 777 --- - ----- - - ------- ------------ -------- - ---- - - ------- --------------- 6'e - z CITY OF ALBERTVILLE RESOLUTION #2000-30 A RESOLUTION ESTABLISHING THE ANNAUL RETIREMENT BENEFIT FOR THE ALBERTVILLE VOLUNTEER FIRE DEPARTMENT EFFECTIVE JANUARY 1, 2001 WHEREAS, the City Council of the City of Albertville is desirous of increasing the annual retirement benefit for the Albertville Fire Department effective January 1, 2001; and WHEREAS, the City Council is committed to contribute $800 as the 2001 municipal contribution to the Albertville Fire Relief Association. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby establishes the retirement benefit of the Albertville Fire Relief Association at $800 per year of service for all members based on their years of service as active Fire Department members. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ABLERTVILLE THIS 16th DAY OF OCTOBER 2000. John A. Olson, Mayor Linda Goeb, Administrator -Clerk '10 '02'00 XON 14:51 FAX 1 612 082 3448 GRUYS BORDEN CARLSON 2002 Gru Cn*fled Public 104 Mach Delve, Suke 1 611 WWmuz St, P.O. B= 417, Suitt 1 �yf,' A&v*at vets and Buff dc, MN 55313 (763) 682-1762) Moarieello. MN 55362 (763) 295.5871 BorA.,i l Busi uss Cmudh k 705 Gera-4 Aye. East, P.O. Elea 338, Suite B St.'.NichaeL MN 35376 (763)497-2118 k' July 17, 2000 Curdy Berning Treasurer Albertville Firemen's Relief Association Albertville, MN 55301 Dear Gordy: Enclosed are "draft' copies of Schedules I and 11 for State Fire Aid Years 2001, 2002, 2003 (Reporting Form Years 2000, 2001 and 2002) using lump sum benefit amounts of $800 and S1,000 per year, The assumptions used in preparing these projected schedules are as follows: 1- No new members added in 2001 or 2002 2. Interest income for 2000, 2001 and 2002 at 5% or prior year-ead total net assets 3. Net appreciation/depreciation of investments of zero for 2000, 2001 and 2002 4. State Fire Aid for 2000, 2001 and 2002 at 1999 level of $13,446 5. No municipal contributions for $800 per year lump sum 6. Municipal ; ontributions for $1,000 per lump sum as follows: Year 2001 - $7,188; Year 2002 - 6,120, Year 2003 - S5,015 7. Administrative cxperses at $100 for 2000, 2001 and 2002 8_ Pensions paid out in 2001 totaling $1,872 (R. Kolles); 2002 totaling $16,200 (Greg Berni ng) A recap of the significant items on "draft" Schedules I and II are as follows: S$00 Per Year Lump Sum Projected City Year Projected Projected Projected Contribution for Ending Ending Accrued Surplus FQ110wing Year Deg. 31, Assets Li&h Deficit Year Amount 2000 $199,404 $222,593 $ (23,189) 2001 2001 $220,8 7,8 $239,761 S (18,883) 2002 2002 $229,024 $242,889 $ (13,865) Mate Coamon erxno %=ft of AaM m Joanne 0 CA"W" PW9W ATCnamV 2003 KMmota dock+f J Ce dfW RAUC Amouuru 1 10/02, 00 MON 14: S1 FAI 1 61,9 '682 3448 GRLnS BORDEN CARLSON a 003 fir.; "tiE, Albertville Firemen's Relief Association July 17, 2000 Page 2 $1000 Per Year Lamp Sum Projected City Years Projected Projected Projected Contribution for Ending Ending Accrued Surplus Eollowing Year Dec;31. Assets (Liability (Deficit) Year Amount 2000 $199,404 $227,269 (67,865) 2001 $7,188 2001 S228,066 $289,197 (61,131) 2002 $6,120 2002 $242,732 $297,157 (54,42 2003 $5,015 Based upon the assumptions used the Association could increase the lump sum benefit amount to $800 begimung now without requiring the City to make a municipal contribution to the relief association pension flind. The Association's accrued liability would not, however, be fully funded. While no municipal contribution would be required at this lump sum level, theCity may want to make a contribution. so that the Association can reduce the deficit. Increasing the lump sum benefit amount to $1,000 per year would require the following estimated municipal contributions: Year 2001 - $7,188; Year 2002 - $6,120; and Year 2003 - $5,015. The maximum benefit that the Association is allowed by state statute is $1,300. However, raising the benefit to that amount would require larger municipal contributions. I will be out of the office the rest of this week, but you can call and talk to Casey Mattson, if you have questions. Sincerely, - kA4, CP19 Patricia J. Krause, CPA Enclosures Beet Sports Bar and Brill .1 a z 5788 Main Avenue Northeast 1 Albertville, MN 55301 Phone 763.497.2505 October 9th, 2000 Albertville City Council 5975 Main Avenue Northeast Albertville, MN 55301 Dear Alberville City Council Members: Geez Sports Bar and Grill is inquiring about the sale of liquor on Sunday momings from 10:00 a.m. to 12:00 noon in conjunction with the sale of food. We would like to be able to provide this service for our customers due to the many requests we have received over the last couple of years. Please take this into consideration at your next availability. All questions can be directed to Glen Groetsch at 497.2505. Sincerely, Glen Groetsch Owner of Geez Sports Bar and Grill HANDBOOK FOR MINNESOTA CITIES directors or a similar body conducting its affairs. The members must choose board members at a meeting held for that purpose. Under the statute, club licensees can only sell liquor to members and bona fide guests. A city does not have to issue club licenses. It may require Minn. scat. § 340A.509. clubs to obtain regular on -sale liquor licenses like any other establishment. Sunday liquor sales An establishment serving intoxicating liquor on Sundays must Minn Stat. § 340A.504, subd. 3. obtain a Sunday license from the governing body of the city in which it is situated. A city is authorized by statute to issue such a license only to a restaurant, club, bowling center or hotel that Minn. Stat. § 340A.404, subd. has an on -sale liquor license and facilities for serving not less 10. than 30 guests at one time. This license can only be issued by the governing body after it is authorized to do so by the voters of the city during a general or special election. Temporary on - sale licenses may be issued for Sunday sales even if the city does not allow Sunday sales. Minn. Stat. § 340A.504, subs. Voter approval is not necessary for licenses issued by the 3(fl' Metropolitan Airports Commission or common carrier licenses issued by the commissioner of public safety. Common carriers that serve intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of $50, plus $5 for each duplicate. A license issued under this subdivision only authorizes the sale of intoxicating or non -intoxicating malt liquor to a bona fide passenger who is being transported in interstate or intrastate commerce. Minn. Stat. § 340A.504 A.G. Op. 218g-19 (Aug. 7, 1967). A.G. Op. 218-g (Jan. 9, 1981) 354 Once a Sunday license is issued, the establishment may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12 noon on Sundays and 1 a.m. on Mondays. The city may extend the hours of sale to between 10 a.m. on Sundays and 1 a.m. on Mondays by ordinance after holding one public meeting on this issue. It is not necessary that the patron actually be served a meal in order to be served liquor. The attorney general has also stated that a city may, by ordinance, limit the number of Sundays per year on which liquor may be sold. CHAPTER14 Minn. Stat. § 340A.504, subd. The 1989 change in state law extending Sunday hours of sale 3. to 1 a.m. on Mondays, must be specifically adopted by A.G. Op. 59a-9 (Mar. 27, ordinance. Ordinances that have adopted state statutes by 1956). reference do not include future amendments. Ordinances listing the hours must be amended to effect the change. Adoption of the extended hours is not required. The city may retain more restrictive hours than allowed by law. The special Sunday license must be issued by the governing Minn. Stat. § 340A.504, subs. body of the city for a period of one year. The fee for such a 3. license may not exceed $200, and may be imposed in addition to the maximum on -sale license fees chargeable to clubs. Wine tasting Minn. Stat. § 340A.418; Minn. A charitable, religious or other nonprofit organization may be Stat. § 340A.418, subs. 2(3e). allowed to conduct a wine tasting event of no more than four hours, provided that the organization has obtained a temporary on -sale intoxicating liquor license. Wine tasting is authorized at on -sale premises. Samples of malt liquor, wine, liqueurs and distilled spirits Minn. Stat. § 340A.510. Off -sale licensees and municipal liquor stores can provide samples of malt liquor, wine, liqueurs, cordials and distilled spirits if they do not charge for the sample and if customers consume it on the premises during regular off -sale hours. The quantity must be less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer, 25 milliliters of liqueur or cordial per variety per customer, and 15 milliliters of distilled spirits per variety per customer. Number of licenses Minn. Stat. § 340A.413. State The statutes limit the number of on -sale liquor licenses in all ex rel Howie v. Common cities and off -sale liquor licenses in First Class cities. Council of City of Northfield, 94 Minn. 84, 101 N.W. 1063 However, a city may impose its own limits as long as they do (1904). not exceed statutory limits. 3.2 beer and off -sale intoxicating liquor licenses State law does not limit the number of on -sale or off -sale 3.2 Minn. scat. § 340.413. A.G. beer licenses. The number of off -sale intoxicating liquor Op. 218g-1 (Oct. 1, 1973). licenses that a city may issue is limited to one per 5,000 population in cities of the first class, but is not limited in any other city. Any city may define such limits in its licensing ordinance. 355 5e(� As citizens of Albertville, and residents of the Westwind Subdivision, we petition the City of Albertville to investigate the need to post signs due to residential expansion and an increase in traffic. The Westwind Park area has no stop signs or posted park signs and the safety of our children is tremendously compromised due to not only the high volume of traffic, but the high speeds in which many drivers use. Located at the corner of Kalland Ave and Kalland Drive, there are blind curves in the road making it impossible to see oncoming vehicles. We appreciate your complete consideration in this matter. Dated the 20th of July, 2000. �i 11e�� 3 As citizens of Albertville, and residents of the Westwind Subdivision, we petition the City of Albertville to investigate the need to post signs due to residential expansion and an increase in traffic. The Westwind Park area has no qp signs or posted park signs and the safety of our children is tremendously c.:.promised due to not only the high volume of traffic, but the high speeds in W41`h many drivers use. Located at the corner of Kalland Ave and Kalland Drive, there are blind curves in the road making It Impossible to see oncoming vehicles. We appreciate your complete consideration in this matter. - Dated the 20th of July, 2000. ldllaoo�l C F- A,e S 6 -7 7 5� 4 L) I-<� 1 0,1 0 � j -C 'V � ��r�y � c.c v f APO tO -q (1,101i 11*11)*n!P RV4- tA� ���� LCVn