2007-09-17 CC Agenda SpecialA,Ibertvillc
sal Tourn wry. So city Mr.
ALBERTVILLE CITY COUNCIL
COMMITTEE OF THE WHOLE
AGENDA
SEPTEMBER 17, 2007
Immediately following regular Council meeting
1. CITY HALL SOUTH PARKING LOT/ALBERTVILLE BODY SHOP DISCUSSION
RECOMMENDATION: It is respectfully requested the Mayor and Council discuss six
options on how the City goes forward with negotiating the South Parking lot with Jamie
Stevens. Following a workshop discussion, it is recommended the Council appoint two
Council members to meet with Mr. Stevens.
2. NIEMEYER TRAILER SALES — City Improvement Project vs. Private Development
3. CSAH 19 North — Feasibility Study Overview in preparation for Tuesdays meeting with
Otsego and Wright County
4. ADJOURNMENT
MA\Public Data\City Council\Council Agendas\2007 Agendas\Workshop Agendas\A 09-17-2007 Committee of the Whole.doc
AFFIDAVIT OF POSTING
STATE OF MINNESOTA
SS.
COUNTY OF WRIGHT
Tracey Nubbe, being first duly sworn, says that on the 14th day September 2007 Tracey posted
the documents as shown on the reverse side a true copy of each thereof at 3:37 p.m. at the
Albertville City Offices in the window, at the City of Albertville, County of Wright, State of
Minnesota.
Subscribed and sworn to before me thislday of 2007.
1 �1
Notary Publi
BRIDGET MARIE MILLER •
NOTARY PUBLIC-MINNESOTA
My commission Exp es Jan. 31, 2008
04 AAA
r
MAPublic Data\City Council\Council Agendas\2007 Agendas\Workshop Agendas\A 09-17-2007 Committee of the Whole.doc
A�Ibcrtvillc
Small Town Living. Big City Uls.
COMMITTEE OF THE WHOLE MEETING
SEPTEMBER 17, 2007
Immediately following Regular Council meeting
SUBJECT: City Hall South Parking lot/Albertville Body Shop
RECOMMENDATION: It is respectfully requested the Mayor and Council discuss six options
on how the City goes forward with negotiating the South Parking lot with Jamie Stevens.
Following a workshop discussion, it is recommended the Council appoint two Council members
to meet with Mr. Stevens.
BACKGROUND: In July of 2007, the City completed purchase of railroad property south of
City Hall. Historically, the Albertville Body Shop used the railroad land along with their 4,294
square foot triangular parcel as their parking lot. In the fall of 2006, the City and Jamie Stevens
reached a consensus to jointly build a 15 car parking lot. Since then Mr. Stevens has another
preferred proposal for the City to consider as follows:
Tuesday, September 11, 2007
Hi Larry, What I was thinking is to sell the lot adjacent to City Hall for $75,000.00, with the
condition that Albertville Body Shop would have an easement per say to park finished
product in a certain number of stalls. I'm not sure if this is far fetched or realistic, but for us,
it would free this piece up off the tax roll, and the city would own and control that whole
piece. Let me know when you might get that meeting set-up.
Thanks, Jamie
Wright County currently has a value of $35,500 on the parcel. County Assessor Tony Rasmuson,
stated the County placed this value on it because of the cross use with the railroad land. Mr.
Rasmuson stated that if the City sodded and landscaped the railroad property and enforced its
parking ordinance, it would very much restrict the use of this parcel. The County would then
have to re-evaluate the market value and might find that the Bettendorf appraisal is indicative of
the property's value. Mr. Rasmuson stated that in the past the previous owner Loren Becker
attended Board of Equalization Hearings requesting the value be reduced because of its size and
irregularity. In conclusion, the County determined its contributing value based on the broader use
of the railroad property as a parking lot contributing to the business.
The following graphic identifies the City swapping land with Jamie Stevens and sliding Jamie's
land to the south.
MAPublic Data\City Council\2007\Council Workshop A,endas\09-17-2007 Committee of the Whole.doc
0
Uj
City Hall Building
�—---EL25--- :.
X
50'
f
N89'36'56'W r rf
4294 Square feet W t
q '4 3
z
The proposed parking lot would then be constructed partially on Mr. Steven's parcel and on City
newly acquired land.
5 an -street slatts
Main Avenue NE
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
a
OPTIONS:
1. Pursue Jamie Stevens' request for the City to purchase his land and construct a parking
lot at a cost of $120,000 plus landscaping the balance of the lot.
2. The City enters into a public/private partnership with Mr. Stevens to construct a 15 stall
parking lot as per the attached agreement. The City would assume responsibility to plat
the new lot configuration, construct a parking lot at an estimated cost of $44,790 and
maintain the said lot. Mr. Stevens would pay approximately one-third of the construction
costs for five stall, on his property or possibly based on the square footage of construction
on his lot.
The City purchases Mr. Stevens parcel and constructs a 15 car parking lot with Mr.
Stevens contributing towards a parking lot fund in lieu of on -site parking. The estimated
construction cost of a parking space would be $3,000 and $5,000 for land for a total of
$8,000 per stall. In this case, Mr. Stevens would sell the parcel for $75,000 and then pay
the City $40,000 for the five stalls or $60,000 for 7.5 stalls depending on the number of
stalls the Albertville Body Shop needs based on the City Planner's recommendation.
4. The City does not participate in a parking lot and landscapes the newly acquired railroad
property. The City Engineer's estimated cost to sod, irrigate and landscape this area is
$10,608. If the City chooses this option, it is recommended that the Public Works
Department completes this work for substantially less.
5. The City purchases the lot from Jamie Stevens and landscapes the entire area south of
City Hall at a cost of $14,820 plus the cost of Mr. Stevens' parcel. Once again the Public
Works could do the landscaping. Total cost would be $90,000.
6. The City leases Mr. Stevens the newly acquired railroad property for a parking lot in an
as is condition. The City paid $68,000 for this parcel and assuming a 5% return on City
investments would be $3,400 per year. It would be reasonable to assume the lease could
be anywhere from $2,000 to $3,400 per year plus property taxes and maintenance.
KEY ISSUES:
• Albertville Body Shop's land next to City Hall has limited development potential by
itself due to its small size, irregular shape and lack of water and sewer utilities. Parking
lot development is limited by a 5 foot parking lot set back and a required 22 foot- 24 foot
drive lane. Any retail use requires one parking stall for every 200 square feet of building.
• The Albertville Body Shop does have available land for all of their parking needs on the
east side of Main Avenue.
• There are no marked pedestrian cross walks between the parking lot and the east side of
the street.
• The City does not have a need for additional City Hall parking, but may want to develop
a public parking area to facilitate the parking needs of the neighborhood.
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
14
• The City's Downtown Parking effort with Geez and the 152 Club currently has them
paying 100% of the cost of their parking project, with the City paying for consulting
efforts to help structure a project. Deviating and subsidizing this project may have other
implications for how we handle other parking projects.
• It should not be an issue now, but during construction of City Hall, Mr. Stevens was not
happy with the City using some of his land for cranes and construction. The General
Contractor was responsible to arrange the use of additional land and they told me they
had it covered. At one point, Tim Guimont asked to spend some time with our equipment
to level gravel on the Albertville Body Shop lot, which the City Administrator agreed to.
Later the City received an $800 plus bill for gravel we did not order. The City paid the
bill and provided the equipment to accommodate displaced parking. I believe Mr. Stevens
was never quite satisfied with whatever arrangements the General Contractor made.
POLICY CONSIDERATIONS:
The City has not in the past participated in any private/public parking lots, however the
ordinance does allow for businesses in the Downtown area to pay into a fund for off -site parking.
FINANCIAL CONSIDERATIONS:
The cost of these various options varies ranging from doing nothing to a $130,000 project. It
appears the least expensive acceptable option would be to have our Public Works grade and
landscape the newly acquired railroad property and not do any further improvements. The other
extreme would be to purchase the lot from Mr. Stevens and construct a parking lot. Funds from
any of these options would come out of the proceeds of the City Hall Bond financing and/or
reserve set aside for the project. Originally, the Council discussed spending $25,000 to $30,000
on this total effort.
LEGAL CONSIDERATIONS:
The City has the authority to enter into real estate agreements that allows for cross easements and
maintenance thereof.
Respectfully Submitted
Larry R. Kruse
City Administrator
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
5
DECLARATION OF CROSS EASEMENTS
This Declaration of Cross Easements (the "Declaration") is made as of
, 2007, (the "Effective Date") by the City of Albertville, a municipal
corporation organized under the laws of the State of Minnesota ("City") and Jamie L. Stevens
and Krista A. Stevens, husband and wife, (collectively, the "Stevens"). The City and Stevens are
collectively referred to throughout this Declaration as "Declarants."
RECITALS
A. The City is the owner of certain real property located in the City of Albertville, Wright
County, Minnesota legally described on the attached Exhibit A ("City Property"), which
is intended to be a burdened property under this Declaration.
B. Stevens is the owner of certain real property located in the City of Albertville, Wright
County, Minnesota legally described on the attached Exhibit B ("Stevens Property"),
which is intended to be a burdened property under this Declaration.
C. Both the City and Stevens desire to use their respective City Property and Stevens
Property for parking purposes.
D. Declarants desire to declare by this Declaration a non-exclusive right of access for
vehicular ingress and egress to, over, upon and across the City Property and Stevens
Property for Declarants, together with their respective agents, employees, invitees,
successors and assigns; ("Cross Access Purposes").
E. Declarants desire to declare by this Declaration a non-exclusive right of shared vehicular
parking over, upon and across the City Property and Stevens Property for Declarants,
together with their respective agents, employees, invitees, successors and assigns; ("Cross
Parking Purposes").
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
Y.i
NOW, THEREFORE, Declarants declare that the Lots are and shall be held, transferred,
sold, conveyed and occupied subject to the covenants, conditions and restrictions hereinafter set
forth, which covenants, conditions and restrictions shall run with the Lots and shall be binding
upon all parties having any right, title or interest in said land or any part thereof, and their
respective heirs, successors and assigns, and shall inure to the benefit of Declarants:
1. CROSS ACCESS EASEMENT.
A. The City hereby declares that, subject to the terms and conditions of this
Declaration, the City Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit B
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular and pedestrian access purposes.
B. Stevens hereby declares that, subject to the terms and conditions of this
Declaration, the Stevens Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit A
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular and pedestrian access purposes.
2''. CROSS PARKING EASEMENT.
A. The City hereby declares that, subject to the terms and conditions of this
Declaration, the City Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit A
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular parking purposes. No vehicle shall be
allowed to be parked on the City Property for more than 24 continuous hours.
B. Stevens hereby declares that, subject to the terms and conditions of this
Declaration, the Stevens Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit B
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular parking purposes. No vehicle shall be
allowed to be parked on the Stevens Property for more than 24 continuous hours.
3. MAINTENANCE AND REPAIR OF THE SHARED ACCESS AND SHARED
PARKING EASEMENT AREAS.
A. For a period of 20 years from the date of this Declaration, the owner of the
property described on Exhibit A shall, at its sole expense, maintain the parking lot
located on the City Property and the Stevens Property.
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
B. After said 20 year period, the owner of the property described on Exhibit A shall
be responsible for maintaining the City Property at its own expense and the owner
of the property described on Exhibit B shall be responsible for maintaining the
Stevens Property at its own expense.
C. All maintenance required by this Declaration shall include all repairs including,
but not limited to, the repair of any curbs and gutters, landscaping, as well as the
resurfacing, striping, signage, cleaning, clearing, snow and ice removal, general
maintenance, and replacements of or any of the aforementioned, that are
reasonably necessary to maintain the City Property and Stevens Property in a safe
condition and in compliance with all applicable governmental laws and
regulations.
4. REMEDIES UPON FAILURE TO MAINTAIN EASEMENT AREAS. In the event one
of the owners of the benefited property fails to maintain its burdened property in a
commercially reasonable manner as required by this Declaration, the other benefited
property owner may maintain such property and shall be entitled to recover the costs of
such maintenance from the non -performing owner, provided that:
i. The performing owner provides the non -performing owner with 30 days written
notice of the needed maintenance to the burdened property; and
ii. The weather during said 30-day notice period reasonably permits the needed
maintenance to the burdened property to be performed without unusual or
extraordinary cost and effort; and
iii. No such notice shall be required to clear snow and ice from the burdened
properties if such snow or ice is not removed within 24 hours after such snow or
ice accumulation has ceased.
iv. Any costs due to a Declarant under this paragraph shall be paid within 30 days
of mailing of an invoice by the performing owner.
5. INTERFERENCE WITH EASEMENT RIGHTS. Except during necessary construction,
maintenance and repairs to the Shared Easement Area herein created, no Owner shall permit any
activity on their respective burdened properties that may interfere with or obstruct the Cross
Easements created herein.
6. ATTORNEYS' FEES. If any of such Owners reasonably incurs costs in order to enforce
any provision of this Declaration, the prevailing Owner(s) shall be reimbursed by the other(s) for
all reasonable costs so incurred, including reasonable attorneys' fees and costs.
7. RUNNING OF BENEFITS AND BURDENS. All provisions of this Declaration shall
run with the land and shall inure to the benefit of and be binding upon the Lots and the Owners,
and their respective successors and assigns, including any mortgagees or subsequent holders of
mortgages.
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
8. ENTIRE AGREEMENT AND MODIFICATION. This Declaration may not be altered
or amended except by an agreement in writing signed by the Parties.
9. HEADINGS; EXHIBITS. The headings of sections in this Declaration are for
convenience only; they form no part of this Declaration and shall not affect its interpretation.
The Recitals contained herein, and all schedules, exhibits, addenda or attachments referred to
herein are incorporated in and constitute a part of this Declaration.
10. SEVERABILITY. If any provision of this Declaration is invalid or unenforceable, such
provision shall be deemed to be modified to be within the limits of enforceability or validity, if
feasible; however, if the offending provision cannot be so modified, it shall be stricken and all
other provisions of this Declaration in all other respects shall remain valid and enforceable.
11. CONTROLLING LAW. This Declaration shall be governed by and construed under the
laws of the State of Minnesota.
City of Albertville:
On behalf of the City of Albertville, and pursuant to authority granted by the City Council, we
have signed this Declaration of Easements on the terms and conditions set forth therein:
Ron Klecker, Mayor
Bridget Miller, Clerk
Jamie Stevens and Krista Stevens:
Jamie L. Stevens and Krista E. Stevens, husband and wife have signed this Declaration of
Easements on the terms and conditions set forth therein:
am
Jamie L. Stevens
Krista E. Stevens
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
REAL ESTATE TRADE AGREEMENT
THIS AGREEMENT is made by and between City of Albertville, a Minnesota municipal
corporation ("City") and Jamie L. Stevens and Krista A. Stevens, husband and wife ("Stevens")
In consideration of the mutual promises herein, the parties agree as follows
1. Land Trade.
A. Stevens agrees to provide the City with a quit claim deed for that property described on
Exhibit A. The City agrees to provide Stevens with a perpetual ingress, egress and
parking easement over that property described on Exhibit A. Said easement shall be in
the form attached as Exhibit C.
B. The City agrees to provide Stevens with a quit claim deed for that property described on
Exhibit B. Stevens agrees to provide the City with a perpetual ingress, egress and
parking easement over that property described on Exhibit B. Said easement shall be in the
form attached as Exhibit D.
C. The City and Stevens shall execute and record the Declaration of Cross Easements
attached as Exhibit E.
D. The two deeds, the easements and the Declaration of Cross Easements shall be exchanged
simultaneously at closing.
2. Construction of the Parking Lot. The City shall construct a parking lot over the property
described on Exhibits A and B in substantially the configuration as shown on the attached
Exhibit F. The City shall construct such parking lot to City standards within one year of the
exchange of deeds required by this Agreement. Stevens grant permission to the City to begin
construction of said parking lot prior to the closing if the City elects to do so.
3. Payment for Construction of Parking Lot. Upon completion of the construction of the
parking lot as required by paragraph 3 above, Stevens shall pay the City $6,258.98 as Stevens
share of the cost of construction of said parking lot.
4. Maintenance of the Parking Lot. The City shall maintain the drive aisles and parking areas
constructed on the property described on Exhibit B at its sole expense for a period of 20
years from the date of this Agreement. After such time, Stevens shall be responsible for the
maintenance of said parking lot located on the property described on Exhibit B.
5. Title. Within a reasonable time after the execution of this Agreement by both parties, each
party shall deliver to the other an updated title abstract or a commitment for an owner's title
insurance policy issued by a title insurance company licensed to do business in the State of
Minnesota for the property to be deeded to the other party.
6. Title Obiections. Each party shall be allowed 10 business days after receipt of the updated
abstract or Commitment and survey to examine them and object to the marketability of the
title to the Real Property. Objections shall be made by written notice or they will be deemed
waived. If one party makes any objections, the other party shall immediately commence and
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
IC
diligently endeavor to complete all actions necessary to cure such objections. Each party
shall be allowed 120 days to cure the objections and make the title to the Real Property good
and marketable of record, subject only to the exceptions listed in the commitment to which
the party did not object. When title is corrected, or the objecting party waives any
outstanding uncorrected objections, Stevens and City shall perform this Agreement according
to its terms.
7. Title Remedies. If the title to the Real Property, as evidenced by the abstract or
Commitment, is not good and marketable of record in the current owner at the Closing Date,
the other party may choose either of these options:
7.1. Elect to accept the title in its unmarketable condition by giving notice to the other party.
7.2. Terminate this Agreement by giving notice to the other party, in which event this
Agreement shall become null and void, and neither party shall be liable for damages to
the other party.
8. Closin . The closing shall take place no later than 90 days from the date of this Agreement.
9. Real Estate Taxes. Real estate taxes shall be prorated between City and Stevens to the date
of closing. Stevens shall pay any back taxes or recaptured taxes which may become due on
the property described on Exhibit B as a result of the transaction contemplated by this
Agreement.
10. Possession. The parties shall deliver possession of the quitclaimed property on the date of
closing.
11. Notices. All documents to be delivered, and all correspondence and notices to be given in
connection with this Agreement, shall be effectively delivered only if they meet all the
following requirements: they shall be in writing, signed by a duly authorized representative
of the party giving the notice, and shall be delivered by hand or by mail to the addresses
below. If notice is given by mail, it shall be given by Certified Mail with delivery signature
required and postage prepaid. A notice given by facsimile transmission or e-mail shall not be
effective. A notice shall be deemed given on the day it is actually received by the intended
recipient. Notices shall be addressed as follows:
If to City: City of Albertville
6031 Main Street
Albertville MN 55373
With a copy to: Mike Couri
Couri & MacArthur
P.O. Box 369
705 Central Ave E
St. Michael, MN 55376
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
If to Stevens: Jamie Stevens and Krista Stevens
1754 50th Street NE
Buffalo, MN 55313
12. Commissions and Representation. Neither party has retained an agent or broker in
connection with this transaction
13. Complete Agreement. This Agreement, including any Exhibits attached hereto and made a
part hereof, constitutes a final Agreement between the parties and contains their entire
agreement and supersedes all previous understandings and agreements, oral or written,
relative to the subject matter of this Agreement.
14. Time of the Essence. Strict compliance with dates and deadlines is an essential part of this
Agreement. Time is of the essence in the performance of this Agreement.
15. Controlling Law. This Agreement has been made and entered into under the laws of the
State of Minnesota, and said laws shall control the interpretation hereof.
16. Captions and Wording. The paragraph headings or captions appearing in this Agreement
,are for convenience only, are not a part of this Agreement, and are not to be considered in
interpreting this Agreement. Words and phrases used in this Agreement shall have their
ordinary and common meaning unless the context indicates otherwise. The word "shall"
means an action is mandatory, while the word "may" means it is optional.
17. Duplicate Originals. This document must be executed in duplicate, both of which shall be
considered an "original" for all purposes. One original copy shall be retained by Stevens and
one original copy shall be retained by City.
18. Signatures.
City of Albertville:
On behalf of the City of Albertville, and pursuant to authority granted by the City Council, we
have signed this Real Estate Trade Agreement on the terms and conditions set forth in this
Agreement:
Im
Ron Klecker, Mayor
Bridget Miller, Clerk
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
II
Jamie Stevens and Krista Stevens:
Jamie L. Stevens and Krista E. Stevens, husband and wife have signed this Real Estate Trade
Agreement on the terms and conditions set forth in this Agreement:
Jamie L. Stevens
Krista E. Stevens
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
►3
CITY HALL SOUTH PARKING LOT
15 STALL PAVED PARKING LOT
CITY OF ALBERTVILLE
9111 /MG7
OMI PROJECT NO, T1521660
EEO
ITEM
L"T
UNIT PRICE
APPROXIMAT
. r' —ArADUW
"El —"T!—y
PARKING
LOTS IMPROVEMENTS
I
MOBILIZATION
LS
$1,000.00
1
$1.000.00
2
TRAFFIC CONTROL
LS
$500,00
1
3500,00
3
COMMON EXCAVATION
CY
$6.00
416
32,498,00
4
SELEGTORANULAR WWRADE MATERIAL
CY
$16.100
208
$3,120.00
a
AGGREGATE BASE CL 6 (CV)
CY
$25.00
140
$3,50000
II
2'TYPE MV NONWEAR COURSE MIXTVRE
TON
$60A0
70
$4,200,00
7
1.5"rYPE MV WEAR COURSE MIXTURE
TON
$57,00
52
$2.915CO0
a
INTUMIMOUS TACK CQAT
GA
$2M
32
$80-00
a
GOeTlVMLE FABRIC
Sy
42-00
2180
$4,300,00
10
Ir IMF PIPE VW SOCK
LF:
$4.00
ISO
$1,2010m
11
CONCRETE CURB & GUTTER, 8818
LF
$12-50
315
U937,50
12
CONCRETE WALK
SF
$4-W
300
$1138(i,00
13
SW WITH TOPSOIL
SY
$3.50
Soo
$2.t40,00
14
LN405CAPINIS (0- LOT ONLY)
LS
$1,600.00
I
sumoo
Is
W Coh[CRETS DRIVEWAY "WMIJOESAGORS"
SY
$40.00
3s
31'W'00
SIGNAGE
LS
$600-00
1
OW-00
17
PAVEMENT MARKPM
STALL
S50.00
is
SM.00
is
EROSION CONTROL
LS
$776.00
1
$MOO
CONITN GENCY(19%)
F:NGPaMV3NG (5-4)
ADMIN., LEGAL, MISC. (10%)
TOTAL FSTH4ATED PROJECT COSTt $44.7W63
PROPOSKI) NUMMR OF STALU
CMT PIEER PARKING STALL PAAKIM LOT ONLY
M:\Public Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
. 14
CITY HALL SOUTH PARKJNG LOT
LANDSCAPING OF OLD RAILROAD PROPERTY (, 6fl x 60')
CITY OF ALBERTVILLE
9/1 V2UU7
SMI PROJECT NO. TI621660
'fFElk1
ITEM
Lw
UNIT PRICE
IR 0UANTjTY
AMOUNT
_N _
PARKING LOTS IMPROVEWMWS
1
MOBILIZATION
LS
$360.00
1
SM.00
2
SOD WITH TOPSOIL
SY
$3,00
so
Mamoo
3
TREE
EA
$35000
b
S2.10a0a
4
1 MOIJOUS SF uI3
r--A
$35-00
24
$040.00
5
IRRIGATION
LS
52,000.00
1
32,000.00
ROCK LANDSCAPING & EDGER
L-S
$760.00
1
$750.00
ESTIMATED CON37'RU4CTION COST $SX40.00
Ct?NTING1wry (10%) $884"
ADhitNV I-EGM, MISC. (100A) "".00
TOTAi. ESTUMATtiD PROJECT COST: $10,08.00
M:\Public Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
I-5
CITY HALL SOUTH PARK NG LOT
LANDSCAPING OIL OLD RAILROAD PROPERTY AND STEVEN'S PROPERTY
CITY OF ALSERTALLE
9111/2w7
I3MI PROJECT NO. Tl 521600
ITEM
UMT
UNIT PRICE
E QUANTITYT
AMOUNT
PAMI40 t.=1IIMROVEMENTS
t
fAMLIZAT"
LS
S350,00
t
i36E}.KIb
2
SOD WITH TOPSOIL
SY
$3,60
1200
$4.200,00
3
TREE
FA
$35000
9
53,160:00
4
DEGt[svaus SHKO
EA
$35.00
40
$1,4PR00
S
IRREOAn N+I
L$
52,500.00
1
$2,1540.00
$
ROCK L4NDSCAPM & EDGER
LS
$760.00
1
$750A0
ESTIMATED CO,NSWWCTION COST $1213%00
COPi'TIN"NCY (10%) 51„236.00
AD N N., LEGAL, MISC. (10%) $1,235AD
'I`WAL FMINATIM PROJECT COST: $14,620.00
M:\Public Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
LtJ
Nbcrtvi i 11 f- c Ma or and Council CommunicationSmolt Town living. BigCty liY
September 17, 2007
SUBJECT: # Legal - Woodside Communities Karston Cove 3rd Development
Agreement Completion of Time Extension from October 31, 2007 to October 31, 2008.
RECOMMENDATION: It is respectfully requested the Mayor and Council consider approving
Resolution No. 2007-91 extending the deadline for Woodside Communities Karston Cove 3rd
Addition from October 31, 2007 to October 31, 2008 with condition that the wear course be
installed on 64`h Street NE, the lot graded and seeded, and other items as required by the City
Engineer.
BACKGROUND: Karston Cove 3rd Addition Development Agreement was approved by the
City in 2004. The original agreement called for the Developer to install all improvements,
including 64th Street NE and all driveways and parking lots by October 31, 2005. To date, the
Developer has constructed 64th Street NE with base course (but not wear course) and has
installed the driveways and parking facilities on the north side of 64th Street NE. No
improvements have been constructed to date on the south side of 64th Street NE. At the request
of the Developer, the City has previously extended the date for completion of all improvements
to October 31, 2007. The Developer is now requesting an extension of time to complete all
improvements until October 31, 2008. The City is still holding a letter of credit to secure
completion of 64th Street NE and the driveways and parking lots on the south side of 64th Street
NE.
KEY ISSUES:
• It is the City Engineer's as well as Public Work's recommendation that 641h Street NE
have the final bituminous wear course installed by October 1, 2007.
• The Letters of Credit must remain in place through the new completion date.
POLICY CONSIDERATIONS: The City does not have a specific policy on this, but it has
been past practice to evaluate each request for an extension on an individual basis.
FINANCIAL CONSIDERATIONS: There are no direct financial implications to the City for
this Development Agreement Time Extension as the Developer pays for all consulting fees
consumed to process the extension.
The Developer provided an original letter of credit in the amount of $592,711, which as been
reduced to $460,000 on November 27, 2006. The City Engineer's opinion is that this amount is
adequate to insure the completion of the remaining work.
Mayor and Council Communication — September 17, 2007
Legal — Woodside Communities (Karston Cove 3rd) Extension
Page 2 of 3
LEGAL CONSIDERATIONS: The City has the legal authority to extend the Deadline on
Development Agreements and place additional requirements if necessary.
Respectfully Submitted
t
Larry R. Kruse
City Administrator
Department/Responsible Person: Legal/Mike Couri
Attachments: Draft Resolution
MAPublic Data\City Council\Council Packet infonnation2007\09-17-04\09 17 2007 Woodside Communities Karston Cove 3rd Extension.doc
Agenda Item No. 6.F.1.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
Legal — Woodside Communities (Karston Cove 3rd) Extension
Page 3 of 3
Draft Resolution
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2007-91
RESOLUTION EXTENDING THE COMPLETION DEADLINE OF WOODSIDE
COMMUNITIES KARSTON COVE 3an ADDITION FROM OCTOBER 31, 2007 TO
OCTBER 31, 2008 WITH CONDITIONS
WHEREAS, the Woodside Communities has requested the City extend the deadline to complete
Karston Cove 3rd Addition from October 31, 2007 to October 31, 2008; and
WHEREAS, the demand for housing shows a high inventory of available units and a low
demand for new housing units; and
WHEREAS, it is mutually beneficial to all parties to hold off on development south of 64th
Street NE, and
WHEREAS, Woodside Communities has agreed to complete the bituminous wear coarse on 64th
Street NE, and
NOW, THEREFORE be it resolved by the City Council of the City of Albertville, County of
Wright, State of Minnesota: that the City of Albertville hereby extends the 2004 Development
Agreement with Woodside Communities as it pertains to the Karston Cove 3rd Addition from
October 31, 2007 to October 31, 2008 with the following conditions:
Woodside Communities installs the bituminous wear coarse prior to October 1, 2007.
Woodside levels, grades and seeds areas identified by the City Engineer to prevent
erosion and further completes any additional items required by the City Engineer.
Woodside maintains in full force all Letters of Credit.
Adopted by the Albertville City Council this 17th day of September, 2007
Ron Klecker, Mayor
Bridget Miller, City Clerk
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Woodside Communities Karston Cove 3rd Extension.doc
Agenda Item No. 6.F.1.
Meeting Date September 17, 2007