2015-10-19 CC Agenda Packet
City of Albertville Council Agenda
Monday, October 19, 2015
City Council Chambers
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public
Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-10-19 CC Agenda.doc
Meeting Date: October 19, 2015
1. Call to Order
2. Pledge of Allegiance – Roll Call
3. Recognitions – Presentations – Introductions
4. Public Forum – (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled, it will be discussed in the order it
is listed on the Consent agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the October 5, 2015 regular City Council meeting minutes as presented (pgs
3-7)
B. Authorize the Monday, October 19, 2015 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at
City Hall upon request (pg 8)
C. Approve an On-Sale 3.2% Malt Liquor and Wine License for Small Batch Restaurants
LLC for Prairie Run Cafe, located at 5262 Kyler Avenue NE, Suite 111, contingent
upon receipt of license fee, liquor liability insurance, and successful results of
background checks (pgs 9-20)
D. Approve Partial Pay Estimate No. 3 to Omann Brothers Paving, Inc. in the amount of
$241,803.81 for 2015 57th Street and Utility Improvements
E. Approve the renewal contract with Republic Services for residential recycling services
for a term to expire May 31, 2021 (pgs 21-29)
7. Public Hearings – None
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
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City of Albertville Council Agenda
Monday, October 19, 2015 Page 2 of 2
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Meeting Date: October 19, 2015
B. Public Works/Engineering
1). License to Construct Pool in Drainage Easement (pgs 30-36)
(Motion to approve License Agreement for Lot 1, Block 5 Cedar Creek North to
allow construction of a swimming pool within a drainage and utility easement.)
C. Fire – None
D. Finance – None
E. City Clerk – None
F. Planning/Zoning – None
G. Building – None
H. Legal – None
I. Administration
1). Arena Joint Meeting Follow Up – Discussion
2). Albertville-Otsego Joint Fire Advisory Committee Update (pgs 37-38)
3). City Administrator’s Update (pgs 39-41)
9. Announcements and/or Upcoming Meetings
October 26 Joint Powers Water Board, 6:00 p.m.
November 2 City Council, 7:00 p.m.
Budget Workshop, Immediately Following Regular Meeting
November 9 STMA Arena Board, 6:00 p.m.
November 10 Planning Commission, 7:00 p.m.
November 11 City Offices Closed, Veterans Day
November 16 City Council, 7:00 p.m.
November 23 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
November 26 & 27 City Offices Closed, Thanksgiving
OCTOBER
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4 CC 5 6 7 8 9 10
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15 CC 16 17 18 19 20 21
25 JP26 27 28 29 30 31
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10. Adjournment
Agenda Page 2
Page 1
ALBERTVILLE CITY COUNCIL
Monday, October 5, 2015
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2. ROLL CALL
Present: Mayor Hendrickson and Council members Hudson, Sorensen, and Vetsch
Absent: Council member Olson
Others Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Al Brixius, Finance Director Tina Lannes, and Rich Hirstein
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS - None
4. PUBLIC FORUM – (time reserved 5 minutes)
Ralph Munstertieger presented a conceptual plan for Heuring Meadows for B-3 Business along
CSAH 19 with residential apartments behind the B-3 zoning. He stated they are pursuing a market
study on workforce and senior housing and have yet to receive the results back. He asked for
feedback from the Council and stated he realized the density would need to be scaled back. He
stated that B-2 zoning would not work at the property location. Vetsch inquired what the difference
would be from a B-2 to B-3 zoning. Brixius stated that B-3 could allow gas stations and cautioned
that they identify the need for the site before any rezoning is pursued. Vetsch inquired about
housing similar to the senior cottages to the north and Munstertieger stated they need to see the
results of the market study. Munstertieger would like to see a restaurant/drive-thru along CSAH 19
and wants to pursue the B-3 zoning. Hendrickson stated she is willing to look at workforce housing
concepts. Hudson will support what the market drives for housing, but inquired about the need for
the zoning change along CSAH and if the B-3 would allow a restaurant or drive-thru. Brixius
reported that generally when they review a drive-thru, they permit it either under a Conditional Use
Permit or Interim Use permit which allow for conditions on visual, audio, etc. Vetsch stated that the
market may show need for certain housing, but they also have to weigh what the taxpayers want in
the community. Nafstad asked Munstertieger to keep them apprised of their progress. Sorensen
indicated he would like to hear more as Munstertieger moves forward.
Josh Eull, 11541 56th Street NE, wanted to check in on the status of the drainage issues along his
property and the block. Nafstad stated that the direction from the last meeting was to place the drain
Agenda Page 3
City Council Meeting Minutes Page 2
Regular Meeting of October 5, 2015
tile and they are working on easements with several other property owners. Nafstad stated Eull will
need to build the swale and the City will place the drain tile to the shortest route to the pond. He
stated that the City cannot install or maintain drain tile without a drainage and utility easement on
Eull’s property and several others properties. He stated he did not have a second phase. Sorensen
inquired if this could be completed yet this year and Nafstad replied it could.
Vetsch inquired what the ordinance requirements for drainage were when the plats were developed.
Brixius and Couri clarified that developers are required to submit a drainage plan that the City must
approve and verify the City has easement over where it drains to, but there were no requirements that
stated drainage or swales must be on the rear yard lot line.
5. AMENDMENTS TO THE AGENDA
Motioned by Hendrickson, seconded by Hudson, to approve the Agenda as amended. Ayes:
Hendrickson, Hudson, Sorensen, and Vetsch. Nays: None. Absent: Olson. MOTION
DECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is
listed on the Consent agenda following the approval of the remaining Consent items. These
items will be approved by a separate motion.
A. Approve the September 21, 2015 regular City Council meeting minutes as presented
B. Approve the September 30, 2015 City Council special meeting minutes as presented
C. Authorize the Monday, October 5, 2015 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
D. Approve Pay Estimate Number 4 and Final to Omann Brothers Paving, Inc. in the amount
of $33,992.40 for 2013 Street, Trail and Utility Improvements
E. Approve Partial Pay Estimate 2 to Omann Brothers Paving, Inc. in the amount of
$265,641.29 for 57th Street NE Street and Utility Improvements
F. Approve 3rd Quarter Accounts Receivable report
G. Approve 3rd Quarter Budget to Actual report
H. Approve Utilities Department Update
I. Approve Resolution 2015-033 entitled a Resolution Adopting a Decrease in Debt Service
Levies
Motioned by Hendrickson, seconded by Vetsch, to approve the Consent Agenda as presented.
Ayes: Hendrickson, Hudson, Sorensen, and Vetsch. Nays: None. Absent: Olson. MOTION
DECLARED CARRIED.
7. PUBLIC HEARINGS – None
Agenda Page 4
City Council Meeting Minutes Page 3
Regular Meeting of October 5, 2015
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
Fire Board
Sorensen reported Joint Powers Fire was discussed and an update will be presented at the next City
Council meeting. Tate Mills, Assistant Fire Chief, was awarded the Fire Officer of the Year by the
Minnesota State Fire Chiefs Association. Sorensen stated Mills was nominated by someone outside
of Albertville who knew of Mill’s efforts to hire a full-time Fire Chief. He will be given the award
in Duluth on Friday, October 23, 2015.
B. Fire – None
C. Finance – None
D. Public Works/Engineering – None
E. Planning/Zoning – None
F. Building – None
G. City Clerk
1). Set Joint Meeting with the City of St. Michael and STMA School Board
Nafstad stated the meeting will be to discuss a possible second sheet at the STMA Ice Arena and he
is looking for feedback on format of the meeting or what Council would like to see at the meeting.
Sorensen stated he would like to see two things: 1) both Albertville and St. Michael come with the
numbers it would take to fund the second sheet and 2) what the needs of the School Board are.
Motioned by Hudson, seconded by Sorensen, to set a Joint Meeting with the City of St. Michael
and STMA School Board for Monday, October 12, 2015 at 6:30 p.m. in the Albertville City
Council Chambers. Ayes: Hendrickson, Hudson, Sorensen, and Vetsch. Nays: None. Absent:
Olson. MOTION DECLARED CARRIED.
H. Legal
1). City Attorney Report
Couri updated the Council on the Prairie Run Homeowners Association.
I. Administration
1). Recycling Contract
Nafstad reported the contract is up at the end of 2015. For the last five years, they have received
good service from Republic Services and their current contract has some features other cities do not
such as: monthly charge per household not cart, snowbird and vacant property clause, no fuel
escalation, a fixed rate, and no charge for extra carts. He presented the following options:
Agenda Page 5
City Council Meeting Minutes Page 4
Regular Meeting of October 5, 2015
Option 1: Pursue a 5-year contract renewal with Republic Services with options for an
annual increase, increases in years 3 and 5, or increase in year 3 only for inflation.
• 5 years with 3% annual increase = $3.29, $3.39, $3.49, $3.59, $3.70
• 5 years with increase in years 3 and 5 = $3.29, $3.29, $3.54, $3.54, $3.80
• 5 years with increase in year 3 = $3.29, $3.29, $3.62, $3.62, $3.62
Option 2: Pursue a 2 ½ - year (30 months) contract renewal, including inflation, with
Republic Services.
Option 3: Advertise Request for Proposals (RFP’s) for a new recycling contract.
Nafstad stated that with the 5-year renewal with Republic, all three options work out to be the same
cost to the resident. He stated they also have funds to buy down the rates for awhile. Sorensen
stated he has not heard the need to use those funds for additional recycling services or events, and
after reviewing what is involved with an RFP, he would be supportive of a renewal with Republic.
Nafstad stated that RFP’s will not provide an apples-to-apples comparison as each vendor has
different terms.
Sorensen inquired if the Council is interested in using the recycling for anything other than a buy
down of the monthly cost to the resident and the consensus was to use it as a buy down. Sorensen
suggested laddering out the buy down over several years, rather than two years, to reduce the
monthly cost. Hudson cautioned that a buy down in the latter part of five years may have more of an
impact because when the contract expires in five years, the cost will most likely jump at that time.
Hirstein said that if they go with the 5-year Republic renewal, in five years the cost of the carts will
be amortized, so they wouldn’t have so much of a cost jump. Sorensen stated he liked the option of
the 5-year renewal with only one increase in year three; he felt the less change in rates would reduce
calls.
Motioned by Sorensen, seconded by Hendrickson, directing staff to pursue a 5-year contract
renewal with Republic Services 5 years with increase in year at the following rates: $3.29, $3.29,
$3.62, $3.62, $3.62. Ayes: Hendrickson, Hudson, Sorensen, and Vetsch. Nays: None. Absent:
Olson. MOTION DECLARED CARRIED.
2). City Administrator’s Update
Nafstad reported he has not seen the agreement for BNSF for the Main Avenue NE railroad crossing
repairs.
Vetch inquired about the drain tile in the 57th Street NE Street and Utility Improvements Project.
Nafstad replied those homes will ultimately be connected to storm water utilities.
Sorensen inquired about the Greenhaven improvements and Nafstad replied they would be milling
within the week.
Agenda Page 6
City Council Meeting Minutes Page 5
Regular Meeting of October 5, 2015
9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS
October 12 STMA Ice Arena Board, 6:00 p.m.
October 13 Planning Commission, 7:00 p.m.
October 19 City Council, 7:00 p.m.
October 26 Joint Powers Water Board, 6:30 p.m.
November 2 City Council, 7:00 p.m.
November 9 STMA Ice Arena Board, 6:00 p.m.
November 10 Planning Commission, 7:00 p.m.
November 11 City Offices Closed, Veterans Day
November 23 Joint Powers Water Board, 6:30 p.m.
Parks Committee, 8:00 p.m.
November 26 & 27 City Offices & Public Works Closed, Thanksgiving
OCTOBER
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25 JP26 27 28 29 30 31
22 JP23PK 24 25 H26 H27 28
10. ADJOURNMENT
Motioned by Hendrickson, seconded by Hudson, to adjourn the meeting at 8:23 p.m. Ayes:
Hendrickson, Hudson, Sorensen, and Vetsch. Nays: None. Absent: Olson. MOTION DECLARED
CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 7
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\101915\2015-10-19 Finance Bills Report (RCA).doc
Meeting Date: October 19, 2015
October15, 2015
SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, October 19, 2015 payment of the claims as presented
except the bills specifically pulled, which are passed by separate motion. The claims listing has
been provided to Council as a separate document. The claims listing is available for public
viewing at City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
• Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
Agenda Page 8
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet Information\2015\101915\2015-10-19 Prairie Run Cafe Liquor License RCA.doc
Meeting Date: October 19, 2015
October 15, 2015
SUBJECT: CONSENT - PRAIRIE RUN CAFÉ LIQUOR LICENSE FOR WINE AND 3.2% MALT
LIQUOR
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve an On-Sale 3.2% Malt Liquor and Wine License for Small Batch
Restaurants LLC for Prairie Run Cafe, located at 5262 Kyler Avenue NE, Suite 111, contingent
upon receipt of license fee, liquor liability insurance, and successful results of background
checks.
BACKGROUND: Prairie Run Café has been operating at the Shoppes of Prairie Run for several
months and is now interested in serving beer and wine at their restaurant. The applicants,
George Finn and Jodi Pedersen, have completed the appropriate forms for the liquor licenses.
KEY ISSUES:
• The applicants will provide the pro-rated fee and proof of liquor liability insurance upon
approval of the City Council for the liquor licenses. The City Code requires that the fee
be pro-rated for the remainder of the license year (current – April 14, 2016).
• Background checks on the applicants have been sent to the MN Bureau of Criminal
Apprehension and the Wright County Sheriff’s Office.
• The applicants have completed the appropriate City and MN Alcohol and Gambling
Enforcement Department (AGED) forms. After City Council approval, the licenses must
be approved by AGED.
• The applicants are interested in outdoor liquor sales, but will pursue that approval at a
later date.
• There are no outstanding building or fire code violations at the property.
• The combination of the 3.2% Malt Liquor and Wine license will allow the applicants to
serve strong beer.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to either approve or deny an application for a liquor license.
FINANCIAL CONSIDERATIONS: The fee for this liquor license is pro-rated due to a partial
year license and is nominal.
Responsible Person/Department: Kimberly A. Olson, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Liquor License Application
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M:\Public Data\City Council\Council Packet Information\2015\101915\2015-10-19 Recycling RCA.doc
Meeting Date: October 19, 2015
Mayor and Council Request for Action
_____________________________________________________________________________
October 15, 2015
SUBJECT: CONSENT - ADMINISTRATION DEPARTMENT – RECYCLING CONTRACT RENEWAL
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Approve the renewal contract with Republic Services for residential recycling
services for a term to expire May 31, 2021.
BACKGROUND: The current recycling contract will expire on December 31, 2015. Staff
negotiated contract renewal options with Republic Services and presented those to the City
Council at the October 5, 2015 Council meeting. Council discussed multiple renewal options
and the option to request proposals. After deliberation, the Council’s direction was to pursue a
renewed contract with Republic Services for a five year term that includes a set fee increase after
year two.
KEY ISSUES:
• With the exception of the term and a few minor changes, the contract is essentially the
same as the 2010 contract.
• The term of the contract is drafted to be five and a half years with an expiration of May
31, 2021, rather that December 31. Should a vendor change occur, it is believed May
would be better than December.
• Republic Services has reviewed and agreed to the proposed contract revisions.
• Contract provisions include: monthly charge per house and not cart, snowbird and vacant
house clause, fixed rates, and no charge for extra containers.
• The monthly rate for recycling for 2016 and 2017 will be $3.29 with the remaining three
and a half years at $3.62.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to review, approve, and enter into agreements for services.
FINANCIAL CONSIDERATIONS: Options for a buy down of the monthly recycling rate will
be presented at a later meeting. There are funds in the recycling account for this and may be
laddered out over several years. The decision on the amount of buy down must occur before the
first utility bill in 2016.
LEGAL CONSIDERATIONS: The City Attorney has reviewed and edited the contract.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Recycling Contract with Republic Services
Agenda Page 21
1
RECYCLING SERVICE CONTRACT
THIS AGREEMENT is made and entered into this ____ day of ___________ 2015, by
and between the CITY OF ALBERTVILLE, MINNESOTA, a Municipal Corporation
organized and existing under the laws of the State of Minnesota (the “City”) and Republic
Services, d/b/a Allied Waste Services of the Twin Cities - Eden Prairie (“Contractor”).
WITNESSETH:
WHEREAS, The City of ALBERTVILLE has found and determined that the public
health and safety of the City will be promoted and preserved by establishing with a private
contractor an arrangement for the collection, transportation, and disposal of recyclable materials
kept and accumulated within the City; and
WHEREAS, the City desires to maintain a curbside recycling program that is eligible for
SCORE grant; and
WHEREAS, pursuant to appropriate action heretofore taken, the City has determined the
Contractor to be qualified to carry out the terms of this contract; and
WHEREAS, the service fees proposed by the Contractor is acceptable to the City;
WHEREAS, the City solicited Requests for Proposals for recycling in 2010 and entered
into a contract pursuant to such Requests for Proposals with Allied Waste Services of North
America, LLC, (“Allied”) dated November 30, 2010 (“Original Contract”); and
WHEREAS, Republic Services has succeeded to the interests of Allied; and
WHEREAS, Contractor and City have negotiated a modification/extension of the
Original Contract, as set forth herein;
NOW, THEREFORE, in consideration of the covenants, promises, undertakings, and
obligations herein created, granted, and assumed, the parties hereto agree as follows:
SECTION 1. DEFINITIONS:
A. Place or Premises: Place or premises shall mean any dwelling house, dwelling
unit, multiple dwelling, building, trailer, mobile home park, and every other place
or premises where any person resides within the City.
B. Residential Unit: Residential unit as used herein shall mean any structure in
which one or more persons resides.
C. Person: Person shall mean and include any natural person, corporation, firm or
association.
D. Multiple Residences: Multiple Residences shall mean any single structure
containing four (4) or more dwelling units.
E. Recyclable: Recyclable shall mean the following items:
1. Newspapers, magazines, paper, envelopes and paperboard boxes.
Agenda Page 22
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2. Aluminum, bi-metal and tin food containers.
3. Glass containers; and
4. Plastic bottles and containers #’s 1 thru 7.
The contractor and city may add other items as mutually agreed.
F. Snowbird: Resident who vacates the property for several months.
G. Foreclosure or Vacant Home: A residence not being occupied to which the City
does not have an active water utility bill.
SECTION 2. TENURE OF CONTRACT:
This Contract shall commence on January 1, 2016 and remain in effect through May 31,
2021. In addition, the City and Contractor may by mutual agreement renegotiate and extend this
contract for additional 1, 3 or 5 year terms effective June 1, 2021.
SECTION 3. RENEGOTIATIONS:
The parties do hereby agree to meet and discuss with each other any suggested changes
or amendments to this contract in order to minimize or eliminate inequities as may arise and be
found to exist in the strict performance of the provisions hereof. Neither party shall be obligated
to make changes as a result of such renegotiations.
SECTION 4. RESIDENTIAL RECYCLABLE COLLECTION:
The Contractor shall collect, transport and dispose of all recyclable materials from all
residential units within the corporate limits of the City, as the same are now, and as the same
may hereafter be defined, as follows:
A. Once every other week for each residence. The residents shall place all recyclable
containers curbside no later than 7:00 AM on collection day.
B. The Contractor had divided the City into two sections for collection purposes and
collects from one section one week and from the other section the next week. The
Contractor shall collect recyclables only on Thursdays, provided, however, that
the Contractor may shift collection to Friday when Thursday falls on a legal U.S.
holiday.
C. Owners and occupants of all residential units who desire to have their recyclables
collected by Contractor shall be required by the City to use an approved 35, 65 or
95 gallon wheel cart for the collection and disposal of recyclables.
D. In no event shall the Contractor be required or suffer penalty for failure to
perform a scheduled pickup when prevented from doing so as the result of an
undue accumulation of snow and/or other catastrophic conditions. In such case,
collection shall be made on the next day, if possible.
E. The City shall bill the individual households and make payment to the contractor
on a monthly basis. At the City’s option, the Contractor agrees to accommodate
electronic payment.
F. The Contractor shall not require separation of recyclables by type, but shall
permit City residents to aggregate all of their recyclable materials into the same
container for collection by the Contractor.
G. On rare occasions, after maximizing the use of their recycling cart, residents who
have a large amount of cardboard or other recyclable material may bundle this
material up and leave it beside the recycling container for pickup and the
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Contractor shall pick up such additional recyclable material at its regular
collection time.
The Contractor shall provide each residence with a new recycling cart equipped with
wheels, in a size of 35, 65 or 95 gallons for use during the term of this Agreement. The cost of
providing the cart is built into the unit rate contained on the attached Exhibit A. Contractor shall
be responsible for the maintenance of the carts and except in the case of abuse and/or misuse by
a resident, shall replace damaged or broken carts free of charge when necessary. Upon the
termination of this Agreement, Contractor shall collect all carts at Contractor’s expense.
Residential properties that request a change in cart size or request multiple carts (only
when one cart is routinely filled to capacity) shall be provided such at no additional cost to the
City or the property owner. All such cart changes shall be completed in less than 30 days, except
that Contractor may take up to 45 days from the commencement of this Agreement to fulfill cart
size change requests.
SECTION 5. RECYCLING COLLECTION (COMPENSATION):
Compensation to be paid by the City to the contractor for residential collection of
recyclables shall be in accordance with the fee schedule found in “Appendix A”. Contractor
shall be paid for each occupied residence in the City, whether or not such residence chooses to
have Contractor collect recyclables from such residence. Some residents leave for several
months of the year (snowbirds) and at other times the City has vacant homes due to foreclosures
and other reasons. The monthly recycling charge shall not be charged to properties during such
time as water utilities are shut off to such residents.
Contractor shall collect recyclables from additional residences located in the City as may
be designated in the future by the City (including residences constructed after the date of this
Agreement) at the same per residence rates as set forth in this Agreement.
Liquidated Damages
The Contractor shall agree, in addition to any other remedies available to the City, that
the City may withhold payment from the Contractor in the amounts specified below as
liquidated damages for failure of the Contractor to fulfill its obligations.
The following acts or omissions shall be considered a breach of the contract:
a) Failure to respond to legitimate service complaints within 24 hours in a reasonable
and professional manner - $50 per incident.
b) Failure to collect properly notified missed collections (as per Section 4.13 of the RFP)
- $250 per incident.
c) Failure to provide monthly and annual reports (as per Section 4.22 of the RFP) - $100
per incident.
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d) Failure to complete the collections within the specified timeframes (as per Sections
4.11 and 4.14 of the RFP) - $100 per incident.
e) Failure to clean up from spills during collection operations (as per Section 4.12 of the
RFP) - $250 per incident.
f) Failure to report on changes in location of recyclable materials processing operations
(as per Section 5.1 of the RFP) - $250 per incident.
g) Exceeding the maximum process reject rate (as per Section 5.1 of the RFP) - $1,000
per time such reject rate is exceeded (defined as a percentage of total weight).
h) Failure to receive City written approval of changes to the “single-stream” collection
and processing systems prior to implementing any such change (as per Section 9.6 of
the RFP) - $5,000.
i) Failure to conduct annual composition analysis or agreed upon alternative (as
specified in Section 5.3 of the RFP) - $100 per incident.
j) Failure to provide written description of the means to estimate relative amount of
process residuals derived from the City’s recyclable materials (as per Section 5.4 of
the RFP) - $100 per incident.
The Contractor shall be liable for liquidated damages amount(s) upon determination of
the City of Albertville that performance has occurred that is not consistent with the
provisions of the contract. The City shall notify Contractor in writing or electronically of
each act or omission discovered by the City. It shall be the duty of the Contractor to take
whatever steps or action may be necessary to remedy the cause of the complaint and shall
be given three business days to remedy any and all issues without having damages
imposed.
The City may deduct the full amount of any damages from any payment due to the
Contractor. The remedies available to the City under this paragraph shall be in addition to
all other remedies which the City may have under law or at equity.
Exceptions: the Contractor shall not be deemed to be liable for penalties where its
inability to perform recycling collection service is the result of conditions beyond the
control of the Contractor, including but not limited to civil disorder, acts of God,
strikes/labor disputes, inclement weather severe enough that trucks cannot safely take
collections, provided however, that the Contractor shall obtain the approval for the delay
from the City Administrator or designee prior to 4:00 p.m. of the scheduled collection
day.
SECTION 6. COLLECTION OF RECYCLABLES BY OTHER CONTRACTORS:
A. The City shall not contract with a different contractor for the collection of residential
recyclables during the same time period as the Contractor is required to collect
Agenda Page 25
5
recyclables in the City under this Agreement, provided however, that the City may so
contract in the event of default by Contractor under this Agreement or in the event the
City enters into a contract for such collection where such collection is to begin after
the expiration of the term of this Agreement. Contractor acknowledges that the City
shall not be required to attempt to prohibit the collection of recyclables by other
persons or companies within the City, nor shall the City be required to pass an
ordinance requiring the City’s residents to exclusively use Contractor for recycling
services.
SECTION 7. SPECIAL CITY SERVICES:
The Contractor agrees to collect recyclables from City Hall, the City’s Fire Station, and
the City’s Public Works and Utilities Building and parks every other Thursday free of charge.
SECTION 8. COLLECTION EQUIPMENT:
The Contractor shall provide all equipment necessary for collection, transportation and
disposal of collected recyclables. All trucks shall be designed and built specifically for
recyclable collection and shall be of the covered all-metal type so the material being collected
and transported will not be seen, will not blow, fall or leak from the vehicle. The Contractor
shall maintain equipment, used in the performance of this contract in a clean and sanitary
condition.
SECTION 9. PROCESSING OF RECYCLABLES:
The Contractor shall haul all collected recyclables to an authorized sorting or
reprocessing facility known as a Materials Recovery Facility (MRF) where such recyclables shall
be weighed and an invoice received by the Contractor showing the tonnage of recyclables
collected within the City. Such invoice must be in a form sufficient to qualify the recyclables as
having been properly disposed of for purposes of credit toward SCORE grant monies.
Contractor may not transport the recyclables to a landfill, incinerator or otherwise dispose of in
the same manner as garbage. All costs of transporting and depositing the recyclables with the
sorting or reprocessing facility shall be at the expense of the Contractor.
SECTION 10. COLLECTION OPERATIONS:
The Contractor shall furnish all labor and equipment as shall be necessary and adequate
to insure satisfactory collection, transportation and proper disposition of the recyclables. The
Contractor shall make every effort to maintain established scheduled pick-ups even though
conditions such as weather may be adverse. Containers shall be handled with reasonable care to
avoid damage and are to be replaced in an upright position. Any contents spilled shall be
cleaned up immediately and all work to be performed hereunder shall be done so as to protect, to
the highest extent possible, the public health and safety.
SECTION 11. CONTRACTOR INSURANCE:
The Contractor shall carry and file policies or certificates with the City for worker’s
compensation insurance, public liability insurance (including for automobiles and trucks), and
property damage insurance. The City shall be named as an additional insured in all such
policies. All liability policies shall provide coverage in an amount at least equal to $500,000 per
person and $2,000,000 per occurrence. In the event the maximum municipal tort liability limits
Agenda Page 26
6
as set out in Minn. Stat. 466.04 increase above the amounts set out herein, Contractor shall
increase its liability insurance coverage to equal or exceed such maximum amounts. The
Contractor shall defend, indemnify and save harmless the City from any and all claims and
causes of action which may be asserted against the City on account of any act or omission of the
Contractor or its employees and agents in connection with its performance under this Agreement.
The Contractor shall pay all bills or claims for wages, salaries and supplies, incurred in the
operation of the collection service.
The indemnification obligations of Contractor shall be limited to Contractor’s negligence or
willful misconduct.
SECTION 12. CONTRACTOR PERFORMANCE:
In the event the Contractor fails to collect the recyclables as required by this Agreement
such that the uncollected recyclables pose a health hazard or a nuisance to the general public, the
City may, at its option, hire such labor and equipment as may be necessary to collect and dispose
of such recyclables and may, at the City’s option, terminate this Agreement after the Contractor
is given 5 business days to remedy the situation. In such event where remedy does not occur, the
Contractor shall reimburse the City for all reasonable collection expenses the City incurs above
and beyond the amounts the City is obligated to pay for such collection under this Agreement.
The City shall promptly relay any complaints it receives from its residents regarding
Contractor’s performance to the Contractor, and Contractor shall, within three business days
thereafter, inform the City how it intends to respond to such complaints. If during any four week
period the City receives complaints regarding Contractor’s performance from at least 2% of the
households to which this Agreement applies, the City may terminate this Agreement upon 15
days mailed notice to Contractor without first giving the Contractor 5 business days to remedy
the situation.
SECTION 13. ASSIGNMENTS AND SUBCONTRACTORS:
The Contractor shall not assign this Contract or any interest therein or any privilege or
right granted therein without the written consent of the City Council. Consent by the City to one
assignment shall not be deemed to be consent to any subsequent assignment, neither shall the
Contractor subcontract all or any portion of the work to be performed hereunder without the
written consent of the government body of the City Council.
SECTION 14. COMMERCIAL BUSINESS COLLECTIONS:
This contract applies only to residential recyclables as defined herein. Commercial
businesses which have a volume of recycling similar to a residential home may by mutual
agreement between the City and Contractor be eligible for service under this contract. This
contract does not inhibit any and all other commercial businesses to contract with the hauler of
their choice.
SECTION 15. WAIVER:
The waiver by the City of any breach or violation of any term covenant, or condition of
this Contract shall not be a waiver of any subsequent breach or violation of the same or any other
term, covenant or condition hereof.
Agenda Page 27
7
SECTION 16. DISPUTE:
In the event a dispute shall arise between the Contractor and the City, with respect to the
amount of monthly compensation entitled to the Contractor from the City, duly appointed City
and Contractor representatives shall meet and endeavor to resolve the differences. In the event
the dispute cannot be so resolved both the City and Contractor shall be bound by the terms and
conditions of this Contract. Disputes that require legal action may only be brought in Wright
County District Court, and Minnesota law shall apply to any such disputes.
SECTION 17. BINDING EFFECT:
The terms, covenants, and conditions of this contract shall apply to, and shall bind and
inure to the benefit of the parties, their successors, and assigns.
IN WITNESS WHEREOF, the parties have hereunto executed this Contract, by their officers,
as of the day and year first above written.
CITY OF ALBERTVILLE CONTRACTOR
By:_________________________ By:_______________________________
Jillian Hendrickson, Mayor Tom Chovan, General Manager
ATTEST:
__________________________
Kimberly A. Olson, City Clerk
Date: _____________________
Agenda Page 28
8
EXHIBIT A
CITY OF ALBERTVILLE
RECYCLING SERVICE CONTRACT
The Contractor shall be paid in accordance with the following fee schedule:
Monthly Per-Residence Single Sort Recycling Service Rates:
The Recycling Cost Breakdown per Household for every other week pickup for 35, 65 or 95
gallon carts will be:
2016 $3.29
2017 $3.29
2018 $3.62
2019 $3.62
2020 $3.62
2021 $3.62
Agenda Page 29
M:\Public Data\City Council\Council Packet Information\2015\101915\2015-10-19 Zagorski Pool Agreement.docx
Meeting Date: October 19, 2015
Mayor and Council Request for Action
_____________________________________________________________________________
October 15, 2015
SUBJECT: LICENSE AGREEMENT TO CONSTRUCT POOL WITHIN DRAINAGE EASEMENT
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION TO: Approve License Agreement for Lot 1, Block 5 Cedar Creek North to allow
construction of a swimming pool within a drainage and utility easement.
BACKGROUND: The property owner of 10332 Karston Avenue NE, Mr. Robert Zagorski,
desires to construct a pool in the rear yard of his property. While working with his pool
contractor, Mr. Zagorski discovered the majority of his rear yard is blanketed by a drainage and
utility easement. Mr. Zagorski has been working with staff to better understand the need for the
rear yard easement and to determine if a permanent structure can be built in the easement.
Staff has reviewed the easement and while it is clear that a portion of the easement is needed to
for drainage and utility purposes, it is unclear as to why the easement was platted as big as it is.
It is expected that the easement was originally designated to blanket a wetland. Today, the
easement area is a manicured lawn that abuts a paved trail for the golf course, which has been the
case since the home was originally built in 2002.
If a wetland impact did occur, it was likely when the trail adjacent to Mr. Zagorski’s property
was constructed. Also, if an impact did occur, it could have been properly mitigated and staff
simply cannot find the records. The development of the golf course and several of the Cedar
Creek additions occurred in somewhat of an overlapping manner and grouped as part of a master
plan.
Permanent structures, such as pools, are typically not permitted within a drainage and utility
easement. However, it appears the proposed pool can be constructed without significant impact
to drainage or utilities. Given the uncertainty of why the easement was platted as large as it
was, staff believes a license agreement to accommodate the pool is more appropriate than
vacating a portion of the easement.
KEY ISSUES:
• The agreement is not a vacation of the easement, but allows for a pool to exist within the
drainage and utility easement.
• Should it be determined that the easement is needed for wetland purposes, the property
owner will be required do what it takes to be in compliance.
• If the agreement is approved, Mr. Zagorski will need to obtain a building permit for
construction of the pool.
• Construction of the pool cannot obstruct drainage on or across the property.
• The agreement will be recorded with the County and run with the land.
Agenda Page 30
Mayor and Council Request for Action – October 19, 2015
Drainage Easement/Pool License Page 2 of 2
M:\Public Data\City Council\Council Packet Information\2015\101915\2015-10-19 Zagorski Pool Agreement.docx
Meeting Date: October 19, 2015
FINANCIAL CONSIDERATIONS: (none)
LEGAL CONSIDERATIONS: The City Attorney drafted the proposed license agreement.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: Lease Agreement
Site Plan
Agenda Page 31
1
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
LICENSE AGREEMENT
This License Agreement (“Agreement”) is made this ______day of _______________,
2015, by and between City of Albertville, a municipal corporation under the laws of the State of
Minnesota, Licensor (hereinafter referred to as “City of Albertville” or “City”) and Robert
Zagorski (hereinafter referred to as “Property Owner” or “Licensee”),
WITNESSETH:
WHEREAS, Property Owners are the owners of certain real property legally described
as Lot 1, Block 5, Cedar Creek North, according to the plat of record on file in the Wright County
Recorder’s Office, Wright County, Minnesota (“Property”); and
WHEREAS, the Property contains a drainage and utility easement over the east side of
the Property that has been dedicated to the City; and
WHEREAS, Property Owners desire to construct a swimming pool within the drainage
and utility easement on the Property; and
WHEREAS, the City believes that the swimming pool can be installed without
significantly impacting the existing drainage on the Property, but the City does not have sufficient
information to ensure that the drainage and utility easement is not needed for other reasons, such
as wetland preservation or wetland mitigation; and
WHEREAS, if Property Owners install a swimming pool they assume the risk that the
drainage and utility easement may have been designated as such for wetland preservation or
wetland mitigation purposes, and understand that in such event the Property Owners may have to
replace such wetlands or otherwise mitigate wetland impacts;
Agenda Page 32
2
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1. Property Owners are hereby granted a license to install a swimming pool within the
drainage and utility easement on the Property in the approximate location and elevation
as shown on the Attached Exhibit A. All such installation shall be at Property Owners’
expense, and Property Owner shall comply with all grading requirements as may be
required by the City Engineer.
2. If the City of Albertville or any other governmental authority determines that the
drainage and utility easement on the Property was originally established as a wetland or
for wetland mitigation purposes, Property Owners shall apply to mitigate the filling of the
wetland by virtue of the installation of the swimming pool, and shall take whatever action
is necessary to comply with all wetland laws. Such compliance may include, but shall not
be limited to, replacement of wetlands elsewhere or removing the swimming pool and
restoring wetlands within the drainage and utility easement if permission cannot be
obtained for the wetlands to be replaced elsewhere.
3. Property Owners shall defend, indemnify and hold harmless City of Albertville and its
agents’ and employees from and against all claims, damages, losses and expenses,
including attorney’s fees, arising out of or resulting from the existence, construction, and
maintenance or use of said licensed swimming pool within the drainage and utility
easement.
4. Any notice sent by one party to the other shall be sufficient if mailed, postage prepaid to
the address of Property Owners and to the Township Clerk at the addresses set forth
below, or such new address as one party may notify the other parties of from time to
time:
Robert Zagorski
10332 Karston Avenue N.E.
Albertville, MN 55301
City of Albertville
P.O. Box 9
Albertville, MN 55301
5. Property Owners agree to comply with all local ordinances and state and federal laws and
regulations.
6. This agreement shall be recorded with the Wright County Recorder.
7. This Agreement shall not authorize any use of the dedicated drainage and utility
easement other than that described herein.
8. Property Owners shall at all times maintain any improvement(s) situated or to be situated
on the licensed premises in good and safe condition at their sole expense.
Agenda Page 33
3
9. Property Owners agree to pay the City’s legal, engineering and planning costs incurred in
preparing this Agreement and processing Property Owners’ request to construct the
swimming pool in the drainage and utility easement on the Property.
10. In the event the City takes action to enforce this Agreement should Property Owners
violate its terms, Property Owners agree to pay the City’s reasonable attorney fees, court
costs and consulting fees incurred in enforcing this Agreement.
11. The covenants, terms, conditions, provisions, and understandings in this Agreement shall
run with the land and be binding upon and inure to the benefit of the parties hereto and
their respective heirs, legal representatives, successors and/or assigns.
LICENSEES CITY OF ALBERTVILLE
_________________________ ________________________
Robert Zagorski Jillian Hendrickson, Mayor
_________________________ ________________________
___________ Zagorski Kimberly A. Olson, Clerk
STATE OF MINNESOTA )
)ss
COUNTY OF WRIGHT )
On this _____ day of __________________, 2015, before me, a Notary Public, personally
appeared Jillian Hendrickson to me personally known as the Mayor of the City of Albertville.
__________________________
Notary Public
STATE OF MINNESOTA )
)ss
COUNTY OF WRIGHT )
On this _____ day of __________________, 2015, before me, a Notary Public, personally
appeared Kimberly A. Olson, to me personally known as the Clerk of the City of Albertville.
Agenda Page 34
4
__________________________
Notary Public
STATE OF MINNESOTA )
)ss
COUNTY OF WRIGHT )
On this _____ day of _________________, 2015, before me, a Notary Public, personally
appeared Robert and ____________ Zagorski, husband and wife, to me known to be the persons
described in and who executed the foregoing instrument.
__________________________
Notary Public
DRAFTED BY:
Couri & Ruppe, P.L.L.P.
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
Agenda Page 35
Agenda Page 36
Mayor and Council Communication
M:\Public Data\City Council\Council Packet Information\2015\101915\Joint Fire Committee Report.docx
Meeting Date: October 19, 2015
October 15, 2015
SUBJECT: ALBERTVILLE –OTSEGO JOINT FIRE ADVISORY COMMITTEE
RECOMMENDATION: No action required. The information below is intended for discussion
purposes only.
DISCUSSION: At their September 30, 2015 meeting, the Joint Fire Committee continued the
discussions on moving from a contractual arrangement to entering into a joint powers fire
agreement. To date, the Committee has had discussions regarding joint powers arrangements vs.
fire districts and has also discussed the recommendations/research of the Joint Powers Subgroup
headed be the State Auditor’s Office. The Committee is familiar with the issues that will need to
be addressed in a joint powers agreement, as outlined in the City Attorney’s May 27, 2015
memo. The Committee is just beginning the discussions on how to best address these bigger
issues.
It was the consensus of the Committee that further examination of joint fire service options, such
as a joint powers agreement (JPA), should be pursed. However, the Committee also felt now
was a good time to make sure the two City Councils were comfortable in continuing the
discussion. The Committee wants to be extremely respectful of each other’s full council and
suggested potentially developing a memorandum of understanding (or something similar) to
ensure the Committee members and both Councils are on the same page and to memorialize the
direction and intent of both groups.
Also, Chief Bullen made the Committee aware of a shared service grant that may be available to
help with costs associated with preparation of a draft JPA. Knowing that further discussion and
analysis of a JPA is going to require time and resources, the Committee felt that pursing grant
funds may be beneficial.
If the two Councils feel a memo of understanding is a good next step, the Committee’s next step
will be to develop a draft for the Councils to consider. Items of understanding/direction to be
addressed in the memo likely include:
• Submit a grant request for a Share Services Grant from the State Fire Marshal Division of
the Department of Public Safety
• Financial analysis by City staff
• Legal review by respective City Attorneys
• Meetings of City staff with State and LMC staff versed in fire service JPA’s
• Other research and communication needed to provide the City Councils with the pros,
cons, risks, benefits, costs, liabilities, future implications, and other pertinent information
necessary to make an informed decision about entering into a JPA
Agenda Page 37
Mayor and Council Communication – October 19, 2015
Joint Fire Advisory Committee Page 2 of 2
M:\Public Data\City Council\Council Packet Information\2015\101915\Joint Fire Committee Report.docx
Meeting Date: October 19, 2015
• Continue to provide information to the Albertville Otsego Joint Fire Advisory Committee
for general discussion and preliminary input.
• Presentation of completed research and analysis to both City Councils for discussion and
direction to determine the next steps in the process or to cease further action on a JPA.
The current contract between Albertville and Otsego ends December 31, 2016. If a JPA is
determined to be desirable, a logical target date for the JPA to begin is January 1, 2017.
KEY ISSUES:
• The Joint Fire Committee is checking in with their respective Councils to make sure both
groups are comfortable with continued discussion of a JPA.
• A memorandum of understanding may be a useful tool to provide direction and to solicit
grant money. The Committee would like feedback from the Councils regarding a
potential MOU.
• Determining whether or not a JPA is right for the two cities will take a considerable
amount of time.
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments: (none)
Agenda Page 38
City Administrator’s Update
October 15, 2015
GENERAL ADMINISTRATION
STMA Arena: Follow-up discussion regarding the second sheet expansion will be included on
the agenda as an item for discussion. The scheduled date of the tour of various arenas has
been changed to 6 p.m. on the October 26 and leaving from the JPWB parking lot. Also, I
forwarded the Council the email correspondence I received from St. Michael regarding their
follow-up discussion.
Recycling Contract: The recycling renewal contract will be on the agenda for Monday. Staff
had minor revisions to the contract, including extending the contract for 5 ½ years to have an
end at the end of May 2021. In November, staff will bring back options to reduce the monthly
fee using the established funds.
Electronic Sign: We are waiting on quotes to upgrade the digital display for the City sign at
Main Ave NE and CSAH 37.
City Hall Cleaning Services: Staff is evaluating options for cleaning at City Hall and the Fire Hall.
ENGINEERING/PUBLIC WORKS
57th Street NE/Church of St. Albert Improvement Project: During the week of October 19, it is
expected that the Contractor will complete the wear course in the parking lots, restoration and
seeding of the boulevards, and installation of the street signage. The parking lots will be striped
a week or two after the wear course has been placed. In the spring, the wear course will be
placed on the streets.
Greenhaven Streets: Reclaiming and grading are complete and the base course has been placed
on 59th Circle NE. All paving, including wear course is scheduled to be completed the week of
October 19.
Main Avenue NE Railroad Crossing: We are still waiting for the agreement from BNSF for the
crossing.
Lachman Avenue NE Rear Yard Drainage: I have attached the easement exhibit depicting the
easement needed for the rear yard tile. The City Attorney has prepared the easement
documents for each property and I will be forwarding to the property owners once I am
comfortable with the design and cost.
70th Street NE and CSAH 19 Intersection: The implementation of the all-way stop at the
intersection is scheduled for Tuesday, October 20.
Agenda Page 39
City Administrator’s Update Page 2 of 2 October 19, 2015
UPCOMING EVENTS and ANNOUNCEMENTS
70th Street Grand Opening: Monday, Oct. 19, 1:30 p.m. at Roundabout at 70th Street NE,
Oakwood Ave, and CSAH 37.
Fire Officer of the Year Awards Banquet: Friday, October 23, 7:00 p.m., Duluth Entertainment
and Convention Center.
Ice Arena Tour: Monday, October 26, 6:05 p.m. (immediately following JPWB meeting), bus
leaves from Joint Powers Water parking lot.
ATTACHMENTS
• Draft Easement Exhibit for Lachman Avenue NE rear yard drain tile
Agenda Page 40
PARCEL APARCEL BPARCEL CPARCEL DPARCEL ESCALE IN FEET04080_____________________________________Russell O. HalversonLicense Number 41813SURVEYOR'S CERTIFICATIONI hereby certify that this survey was prepared by me or under my directsupervision and that I am a duly licensed land surveyor under the laws ofthe State of Minnesota. ________________Date10/09/2015CATCH BASINPROPOSED DRAINAGE AND UTILITYEXISTING DRAINAGE AND UTILITYEASEMENT PER PLATEASEMENTPARCEL AA 10.00 foot wide perpetual easement for drainage and utility purposes over, under and across thefollowing described property:Lot 2, Block 2, PARK VIEW PLACE, according to the recorded plat thereof, Wright County, Minnesota.The center line of said easement is described as follows:Commencing at the southeast corner of Lot 4, Block 1, PSYKS SIXTH ADDITION, according to the recordedplat thereof, Wright County, Minnesota; thence on an assumed bearing of North 89 degrees 14 minutes02 seconds West along the south line of said Lot 4, a distance of 18.46 feet to the point of beginning;thence North 00 degrees 45 minutes 58 seconds East, a distance of 92.90 feet; thence North 05 degrees03 minutes 54 seconds West, a distance of 93.38 feet; thence North 04 degrees 21 minutes 33 secondsEast, a distance of 93.08 feet; thence North 09 degrees 15 minutes 13 seconds East, a distance of 97.26feet; thence North 72 degrees 53 minutes 31 seconds East, a distance of 48.84 feet; thence North 31degrees 16 minutes 40 seconds East, a distance of 26.76 feet; thence North 01 degrees 49 minutes 51seconds West, a distance of 28.17 feet and there terminating.7533 SUNWOOD DR NW, SUITE 206RAMSEY, MINNESOTA 55303(763)-433-2851DRAWN BY:FIELD BOOK:JOB NUMBER:FOR:ΞŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘2015, All Rights ReservedEASEMENT EXHIBITALBERTVILLE, MINNESOTAR24-T120-S1-20,30LOTS 1 THRU 4, BLOCK 1PSYKS SIXTH ADDITIONLOT2, BLOCK 2PARK VIEW ADDITONCITY OF ALBERTVILLER16.109664JGMN/AH:\ALBT\R16109664\CAD\C3D\109664EA01.DWG 10-09-2015 2:48p.m.PARCEL BA 10.00 foot wide perpetual easement for drainage and utility purposes over, under and across thefollowing described property:Lot 1, Block 1, PSYKS SIXTH ADDITION, according to the recorded plat thereof, Wright County, Minnesota.The center line of said easement is described as follows:Commencing at the southeast corner of Lot 4, Block 1, said PSYKS SIXTH ADDITION; thence on anassumed bearing of North 89 degrees 14 minutes 02 seconds West along the south line of said Lot 4, adistance of 18.46 feet to the point of beginning; thence North 00 degrees 45 minutes 58 seconds East, adistance of 92.90 feet; thence North 05 degrees 03 minutes 54 seconds West, a distance of 93.38 feet;thence North 04 degrees 21 minutes 33 seconds East, a distance of 93.08 feet; thence North 09 degrees15 minutes 13 seconds East, a distance of 97.26 feet; thence North 72 degrees 53 minutes 31 secondsEast, a distance of 48.84 feet; thence North 31 degrees 16 minutes 40 seconds East, a distance of 26.76feet; thence North 01 degrees 49 minutes 51 seconds West, a distance of 28.17 feet and thereterminating.PARCEL CA 10.00 foot wide perpetual easement for drainage and utility purposes over, under and across thefollowing described property:Lot 2, Block 1, PSYKS SIXTH ADDITION, according to the recorded plat thereof, Wright County, Minnesota.The center line of said easement is described as follows:Commencing at the southeast corner of Lot 4, Block 1, said PSYKS SIXTH ADDITION; thence on anassumed bearing of North 89 degrees 14 minutes 02 seconds West along the south line of said Lot 4, adistance of 18.46 feet to the point of beginning; thence North 00 degrees 45 minutes 58 seconds East, adistance of 92.90 feet; thence North 05 degrees 03 minutes 54 seconds West, a distance of 93.38 feet;thence North 04 degrees 21 minutes 33 seconds East, a distance of 93.08 feet; thence North 09 degrees15 minutes 13 seconds East, a distance of 97.26 feet; thence North 72 degrees 53 minutes 31 secondsEast, a distance of 48.84 feet; thence North 31 degrees 16 minutes 40 seconds East, a distance of 26.76feet; thence North 01 degrees 49 minutes 51 seconds West, a distance of 28.17 feet and thereterminating.PARCEL DA 10.00 foot wide perpetual easement for drainage and utility purposes over, under and across thefollowing described property:Lot 3, Block 1, PSYKS SIXTH ADDITION, according to the recorded plat thereof, Wright County, Minnesota.The center line of said easement is described as follows:Commencing at the southeast corner of Lot 4, Block 1, said PSYKS SIXTH ADDITION; thence on anassumed bearing of North 89 degrees 14 minutes 02 seconds West along the south line of said Lot 4, adistance of 18.46 feet to the point of beginning; thence North 00 degrees 45 minutes 58 seconds East, adistance of 92.90 feet; thence North 05 degrees 03 minutes 54 seconds West, a distance of 93.38 feet;thence North 04 degrees 21 minutes 33 seconds East, a distance of 93.08 feet; thence North 09 degrees15 minutes 13 seconds East, a distance of 97.26 feet; thence North 72 degrees 53 minutes 31 secondsEast, a distance of 48.84 feet; thence North 31 degrees 16 minutes 40 seconds East, a distance of 26.76feet; thence North 01 degrees 49 minutes 51 seconds West, a distance of 28.17 feet and thereterminating.PARCEL EA 10.00 foot wide perpetual easement for drainage and utility purposes over, under and across thefollowing described property:Lot 4, Block 1, PSYKS SIXTH ADDITION, according to the recorded plat thereof, Wright County, Minnesota.The center line of said easement is described as follows:Commencing at the southeast corner of said Lot 4, Block 1, said PSYKS SIXTH ADDITION; thence on anassumed bearing of North 89 degrees 14 minutes 02 seconds West along the south line of said Lot 4, adistance of 18.46 feet to the point of beginning; thence North 00 degrees 45 minutes 58 seconds East, adistance of 92.90 feet; thence North 05 degrees 03 minutes 54 seconds West, a distance of 93.38 feet;thence North 04 degrees 21 minutes 33 seconds East, a distance of 93.08 feet; thence North 09 degrees15 minutes 13 seconds East, a distance of 97.26 feet; thence North 72 degrees 53 minutes 31 secondsEast, a distance of 48.84 feet; thence North 31 degrees 16 minutes 40 seconds East, a distance of 26.76feet; thence North 01 degrees 49 minutes 51 seconds West, a distance of 28.17 feet and thereterminating.EASEMENT AREA TABLEPARCEL A315 SQ. FT.PARCEL B946 SQ. FT.PARCEL C931 SQ. FT.PARCEL D934 SQ. FT.PARCEL E929 SQ. FT.Agenda Page 41