2006-09-05 CC Agenda PacketA�Ibcrtvillc
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ALBERTVILLE CITY COUNCIL
AGENDA
SEPTEMBER 5, 2006
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA
3. MINUTES
A. August 9, 2006 City Council Budget minutes (pgs. 3-4)
B. August 21, 2006 City Council minutes (pgs. 5-11)
4. CITIZEN FORUM — (10 Minute Limit)
a 5. CONSENT AGENDA
A. Approve payment of claims check numbers 023237 to 023273 (pgs. 13-16)
B. Approve S.E.H. Engineer's recommendation for Application for Payment No. 5 (Final)
for CSAH 37 Trail Construction to Omann Brothers, Inc. in the amount of $19,086.79
(pgs. 17-19)
C. Set Monday, December 4, 2006 at 6:00 p.m. as the 2007 Truth -In -Taxation Hearing
and, if necessary, reconvene on Monday, December 18, 2006 at 6:00 p.m.
D. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for
Payment No. 4 and Final for Hunter's Pass Lift Station to CCS Contracting in the
amount of $15,688 (pgs. 21-23)
E. Approve Bolton & Menk, Inc. Engineer's recommendation to release the Letter of
Credit for Kollville 2nd Addition in the amount of $12,500 (pg. 25)
F. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of
Credit for Towne Lakes 41h Addition from $200,000 to $52,000 (pg. 27)
G. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of
Credit for Shoppes at Prairie Run from $101,876 to $52,500 (pg. 29)
6. ACTION ON PULLED CONSENT ITEMS
7. DEPARTMENT BUSINESS
A. Public Works Department
1). Request for Council Action to Repair the Central Park Shelter and Gazebo
(pg. 31)
2). Monthly Report (pg. 33)
B. Finance Department •
1). Accounts Receivable Status Update (pgs. 35-37)
2). Project Status Update (pg. 39)
3). Council's Request to Research Prairie Run Sod Requirements (pg. 41)
4). Council's Request to Research the Central Park Shelter Rental Procedure
(pg. 43 )
5). Proposed 2007 Fee Schedule (discussion item)
C. Planning and Zoning
1). JLC Properties of Rochester, LLLP for Site and Building Plan Review for a
Perkins Restaurant at Shoppes at Towne Lakes Two (pgs. 45-49, plus
attachments)
D. Engineering
1). 2006 Seal Coat Improvements (pg. 51)
2). School Zone Speed Limit Request (pgs. 53-54)
3). CSAH 19 Speed Request (pgs. 55-56)
4). Stop Sign Request at West Laketowne Drive NE (pg. 57)
E. Legal
1). Amended Albertville Medical Clinic Developer's Agreements
a. Agreement Number One (pgs. 59-78) •
b. Agreement Number Two (pgs. 79-100)
F. Administration
1). Residential Tree Houses (discussion item)
2). Set the next City Council Workshop date for general goal setting — suggested
dates are Wednesday, September 20 or Wednesday, September 27 at 6:30 p.m.
3). Dedication Plaque for new City Hall (pg. 101)
4). Request for Council Action to Accept the Audio Visual Equipment Base Bid plus
Alternate No. 2 for one conference room (pg. 103, plus attachments)
8. ADJOURNMENT
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A�Ibcrtvillc
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ALBERTVILLE CITY COUNCIL
August 9, 2006
Albertville City Hall 7:00 PM
PRESENT: Mayor Don Peterson, Council members LeRoy Berning, John Vetsch, Tom Fay,
and Ron Klecker, City Administrator Larry Kruse, and Finance Director Tina Lannes.
Also present: Street & Park Superintendent Tim Guimont, Fire Chief Steve Long and Assistant
Fire Chief Tate Mills
ABSENT: None
Mayor Peterson called the Albertville City Council Budget Workshop to order at 6:30 p.m.
The purpose of the workshop is to complete the preliminary 2007 budget.
. Fire Department: Staff was earlier directed to lower the budget from the previous 27% increase
by maintaining the fire officer salaries at the current level; removing the full time ($50,000) Fire
Inspector/Fire Marshal and/or Chief and seek to have a more modest increase. The Council
requested staff to increase the fire relief contribution from $50 to $100.
Staff reported the budget presented does show an increase of 3.5% in fire officer salaries;
increases the fire relief contribution from $1,500 to $1,600; includes a $15,000 amount for a pilot
fire inspection program.
Chief Long and Assistant Chief Mills stated they were not in a position to negotiate the fire relief
contribution as there is a separate board that oversees the program. They both stated the fire
department is becoming more a job and the compensation is below minimum wage when you
factor all the time they put into it. Volunteers don't do it for the money, yet they want to be
treated reasonable.
Kruse stated there was not time to develop the fire inspection program in just a few days and
suggested funding an amount of money ($15,000) that can be used to implement a program test
program in 2007. That program might be getting the Building Official certified, perhaps one or
more of the fire men; contracting with a private consultant such as Futrell, or a shared position
with another community. Staff will work with the fire department to determine the needs and the
program implementation. In a year from now, the City can evaluate the future of an inspection
program. The $15,000 may or may not be enough, but it is an amount the Council, residents and
the City's we contract with can accept.
The recommended changes by council to the 2007 preliminary budget were to reduce the
following: 40
Council Travel Expenses from $1,600 to $1,000
Council legal notices from $9,000 to $5,000
City Administrator Training and instruction from $2,700 to $2,000
Finance Director Training and instruction from $2,700 to $2,000
Finance Director Education from $1,000 to $0
Public Works Education from $2,000 to $1,000
Public Works Unpaved Roads from $3,000 to $2,000
Public Works Tools from $5,000 to $2,500
Council direction to Staff:
Take the $12,500 from the above reductions and add it to Transportation budget
Get quotes for City of Albertville insurance policies for general liability, property and workers
compensation.
Bring forward a general list of expenses that the City is spending on general engineering.
Provide information on the Senior Center and the Library .
Public Works Supervisor to sweep as much as possible with the allotted budget of $6,000
ADJOURNMENT
MOTION BY Council member Klecker, seconded by Council member Fay to adjourn at
9:50 p.m. Motion carried unanimously.
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Albertville
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ALBERTVILLE CITY COUNCIL
August 21, 2006
Albertville City Hall 7:00 PM
PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron
Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, Assistant City
Engineer Adam Nafstad, Finance Director Tina Lannes, Wastewater Treatment Plant
Superintendent John Middendorf, and City Clerk Bridget Miller
ABSENT: City Administrator Larry Kruse
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
Adding the following:
7. C. 5.
Prairie Run Addition
7. F. 2.
Park Shelter Rental Policy
7. F. 3.
Park Hours of Operation
7. F. 4.
Police Enforcement
MINUTES
MOTION BY Council member Fay, seconded by Council member Klecker to approve the
August 7, 2006 regular City Council minutes as presented and on file in the office of the City
Clerk. Motion carried unanimously.
CITIZEN FORUM
Douglas Birk of St. Michael stated that he was one of six (6) candidates running for STMA
School Board. There were three (3) seats open which serve a four-year term.
CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Fay to approve the
consent agenda pulling item B. Motion carried unanimously.
A. Approve payment of claims check numbers 023177 to 023320 •
B. Approve Bolton & Menk's recommendation to reduce the letter of Credit for Towne
Lakes 5th Addition from $165,000 to $113,307
C. Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Hunter's
Pass Estates Addition from $427,320 to $223,788
D. Approve Resolution No. 2006-xx entitled a Resolution Establishing the Annual
Retirement Benefit for the Albertville Volunteer Fire Department Effective
January 1, 2007
E. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2007 Preliminary
Budget
F. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2006 Tax Levy
Collectible in 2007
ACTION ON PULLED CONSENT ITEMS
Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Towne Lakes 51h
Addition from $165,000 to $113,307
Council asked staff if this was the Final Release of the Letter of Credit for the Towne Lakes 51h
Addition.
Staff informed the Council that this was not the Final Release of the Letter of Credit.
MOTION BY Council member Berning, seconded by Council member Klecker to approve
Bolton & Menk's recommendation to reduce the Letter of Credit for Towne Lakes 5th Addition
from $165,000 to $113,307. Motion carried unanimously.
DEPARTMENT BUSINESS
BUILDING DEPARTMENT
Monthly Report
Finance Director Lannes asked the Council if they had any comments or concerns relating to the
July 2006 Permit Activity Report from the Building Official.
There were no comments pertaining to the Permit Activity Report.
PUBLIC WORKS DEPARTMENT
Wastewater Treatment Plant Department
Wastewater Treatment Plant Superintendent Middendorf reported that it was the goal to haul
approximately 300,000 gallons of sludge. Staff is recommending accepting the quote from Ag
Enterprises to haul the sludge at a cost not to exceed $16,000 as staff is unsure as to what the
price of fuel will be in the fall of 2006.
MOTION BY Council member Vetsch, seconded by Mayor Peterson to accept the bid from Ag •
Enterprises to haul the sludge at a cost not to exceed $16,000. Motion carried unanimously.
G
Wastewater Treatment Plant Expansion Change Order No. 2
John Stodola, from S.E.H. informed the Council that additional information pertaining to the
geotextile wrap for the 6" reed bed drain pipe and the modification piping of the sludge pump
station were included in the packet.
The 6" drain pipe has holes in the bottom, which allows the liquid from the sludge that is applied
to the reed bed and drains through the rock and sand to be carried back to the treatment
processes. It was discussed on site that an improvement would be to wrap the pipe in a
geotextile fabric and thereby prevent any of the bed material (sand and rock) from migrating into
the pipe.
S.E.H. Engineer reported that the valves from the existing return activated sludge pumps were
being reused and were 6", not 4" as shown on the plans, for this expansion. This resulted in the
contractor having to exchange some 4" pipe fittings and elbows that were purchased for 6" pipe
fittings and elbows.
MOTION BY Council member Klecker, seconded by Council member Vetsch to approve
Wastewater Treatment Plant Change Order No. 2 pertaining to "Add for geotextile wrap for the
6" reed bed drain pipe at a cost of $1,530" and "Add for modifying piping the sludge pumping
station at a cost of $851". Motion carried unanimously.
PLANNING AND ZONING
Approve revised Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat and
Final Plat for Schultz & Schupp. LLC at 5836 Large Avenue NE, which replaces Resolution No.
2006-31 entitled a Resolution Approving a Preliminary Plat for Schultz & Schupp. LLC at 5836
Large Avenue NE
City Planner Brixius reported that the Planning and Zoning Commission heard public testimony
at the June 2006 meeting and recommended that the City Council approve the site and building
plan review and conditional use permit application with the conditions, which are outlined in the
June 8, 2006 Planning Report and the June 7, 2006 Assistant City Engineer's memorandum.
Brixius went on to explain that staff has been working with the applicant regarding the location
of the entrance to the site.
Public street right-of-way shall be dedicated over the north western corner of the site to
accommodate the extension of Large Avenue NE. The right-of-way and entrance within will
allow access to adjacent parcels without the need for cross -easements. The northwest access
shall be constructed per the Assistant City Engineer's July 17, 2006 concept, provided that an
access easement is obtained from the property to the west with all cost being covered by the
developer and no cost to be covered by the City.
In the event access is not obtained a temporary curb cut shall be placed directly north of the
service drive. This access will be eliminated when Large Avenue NE is improved to the west or
. redevelopment occurs on the property to the west.
7
MOTION BY Mayor Peterson, seconded by Council member Berning to approve Resolution •
No. 2006-xx entitled a Resolution Approving a Preliminary Plat and Final Plat for Schultz &
Schupp, LLC at 5836 Large Avenue NE, which replaces Resolution No. 2006-31 entitled a
Resolution Approving a Preliminary Plat for Schultz & Schupp, LLC at 5836 Large Avenue NE.
Motion carried unanimously.
Approve revised Resolution No. 2006-xx entitled a Resolution Approving a Contract for Private
Redevelopment for Schultz & Schupp, LLC
Dave Maroney, from Kennedy and Graven, explained that the Re -development Plan for the Tax
Increment Financing (TIF) District No. 12 — Eull Concrete (Winkleman Building) is hereby in all
respects approval, subject to modifications that do not alter the substance of the transaction and
that are approved by the Council provided that execution of the Contract by such officials shall
be conclusive evidence of their approval.
Council informed Mr. Maroney that it was expressed at the August 7, 2006 meeting to amend the
contract to state that 25% of the occupants being Medical Supplies or similar.
Mr. Maroney reviewed the Contract with the Council should the owner fails to keep 25% of the
occupants medical tenants. The year in which less than 25% of the tenants are not medical
occupants it is the City's option to hold the TIF payments until the owner meets the 25% medical
tenant portion of the Contract.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve Resolution
No. 2006-xx entitled a Resolution Approving a Contract for Private Redevelopment for Schultz
& Schupp, LLC. Motion carried unanimously.
Schultz & Schupp, LLC (Winkleman-Eull Concrete) Developer's Agreement
City Attorney Couri stated that this is a basic Developer's Agreement similar to those that have
been previously approved. The difference is that this property is for Re -development of an
existing site. Couri brought to the Council's attention the section that pertains to the Dedications
to the City. Couri noted that the Developer's Agreement will be amended to include the
Administration Fee section, which appears to be missing.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
Schultz & Schupp, LLC (Winkleman-Eull Concrete) Developer's Agreement. Motion carried
unanimously.
Prairie Run Addition
Council inquired about issuing Certificates of Occupancy without sod being laid.
Assistant City Engineer reported that the Certificates of Occupancy that are issued are
Temporary Certificates of Occupancy. The city requires an escrow for sod and trees, which the
PW Supervisor Guimont does a site inspection and then approves or denies the release of the •
escrow.
• CityAttorney Couri stated that the original sod escrow was to obtain a temporary Certificate of
Yp Y
Occupancy when the residential dwelling was completed after October of the current year and
before May of the consecutive year. Since then the ordinance was amended to allow additional
time as homeowners were having a hard time meeting the requirements.
LEGAL
Albertville Plaza Second Addition Developer's Agreement
City Attorney Couri informed the Council that the Developer's Agreement for Albertville Plaza
Second Addition is a standard agreement between the City and the Developer. Couri stated that
according to the agreement the developer shall not be permitted to store truck trailers or other
type of trailers overnight on Said Plat except during installation of underground utilities, streets
or construction of buildings. No truck trailers or other type of trailers shall be stored overnight
on any lot after a certificate of occupancy has been issued for such lot.
Also, reported that in the event an automobile maintenance operation is established on any lot in
Said Plat, such operation shall keep its south -facing garage doors closed at all times (except for
purposes of moving vehicles and supplies into and out of the building) so long as the property
immediately to the south of Said Plat is used for residential purposes.
Last item brought up was, in the event an automobile maintenance operation is established on
any lot in Said Plat, such operation shall not permit the storage of damaged or inoperable
vehicles outdoors on such lot.
Council amended the Use of Property removing hotel/motel, restaurant, and auto service on the
back lot only.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
Albertville Plaza Second Addition Developer's Agreement as amended removing the
terminology of hotel/motel, restaurant, and auto service on the back lot only. Motion carried
unanimously.
Albertville Medical Clinic Developer's Agreement
City Attorney Couri reviewed the Albertville Medical Clinic Developer's Agreement stating that
they are similar to the agreements that were presented to the City Council. There were three
buildings previously proposed in the agreement. Since then one of the tenants decided to pull
out of the location; therefore the developer revised the plans to include two buildings for the site.
Couri brought to the Council's attention that an Access Easement has been included as an
Exhibit to the Developer's Agreement.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
Albertville Medical Clinic Developer's Agreements and staff calculation for fees due prior to
• recording. Motion carried unanimously.
E
Albert Villas 6ch Addition Letter of Credit 0
City Attorney Couri stated that as we know, there were a number of issues and concerns
regarding the development.
Assistant City Engineer Nafstad reported that City Administrator Kruse and PW Supervisor
Guimont have examined the development observing some areas that require correction. Some of
the areas were the sidewalk and build up of debris within the additions.
City Attorney Couri concluded stating that staff is looking for direction from the Council
whether to release the Letter of Credit or hold off until the corrections have been completed.
Council decided to wait until the City Administrator Kruse and PW Supervisor could report;
therefore, no action was taken at this time.
CITY ADMINISTRATOR
Written Report
Finance Director Lannes informed the Council that staff has reviewed the bids for furniture for
the new City Hall. Staff is not ready to recommend awarding the bid at this time.
Fraser Steel Pr(&ct •
Finance Director Lannes reported that staff has been working with Fraser Steel on a 25,000
square foot, $2 million dollar expansion. Fraser Steel is looking to the City for Tax Increment
Financing (TIF) to allow for the expansion. City Administrator Kruse believes the Fraser project
has a 95% chance of being successfully completed. It is a wonderful industrial project providing
a significant tax base and good jobs. Staff is recommending that the City allow our contractor to
do some additional building pad corrections prior to having a Purchase Agreement with Fraser.
The City doesn't normally take any financial risk with developers; however, this project merits
the City's assistance. Should there be a chance that the deal fall apart, the soil corrections would
be an investment for any future owner of the lot.
MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve our contractor
to do some additional building pad corrections prior to entering into a Purchase Agreement with
Fraser Steel. Motion carried unanimously.
Park Shelter Rental
Council inquired what the current process or procedure was for renting the City Park Shelter. It
was brought to Council member Berning's attention that a resident was informed by the City to
contact Sandy Greninger regarding the available of the park shelter.
Finance Director Lannes and City Clerk were uncertain as to what the current procedure was. To
the best of their knowledge over the past couple of years the FYCC employee has somewhat •
taken charge with the number of softball games being played.
10
Finance Director Lannes stated that she would et in contact with Ms. Grenin er to inform her
g g
that in the future she will need to contact the City as to the availability of the park shelter. Also,
should an Albertville resident request to rent the shelter the resident would get priority over a
softball tournament.
Park Hours of Operation
Council asked what the hours the park is open to the public. There appears to be a number of
young adults hanging out until late hours occasionally causing problems. It was recommended
by a Council member to close the park(s) at 9:00 p.m.
Mayor Peterson recommended placing the Park Hours on the next agenda for discussion and
recommendation to Council.
ADJOURNMENT
MOTION BY Council member Fay, seconded by Council member Berning to adjourn at
9:30 p.m. Motion carried unanimously.
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A�Ibcrtvillci
City of Albertville
Check Detail Register
September 5, 2006
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 023237 9/5/2006 10,000 LAKES CHAPTER OF ICC
E 101-42400-208 Training and Instruction $60.00 Conf. JS
Total 10,000 LAKES CHAPTER OF ICC $60.00
Paid Chk# 023238 9/5/2006 ACTION RADIO & COMMUNICATIONS
E 101-42000-404 Repair/Maint-
$53.14 14350
pager repair
Total ACTION RADIO & COMMUNICATIONS
$53.14
Paid Chk# 023239 9/5/2006 CHARTER COMMUNICATIONS
E 101-42000-321 Telephone
$80.05 0806
internet FD
Total CHARTER COMMUNICATIONS
$80.05
Paid Chk# 023240 9/5/2006 CNA SURETY
E 101-42050-437 Misc. Donations
$60.00 0601-697389 relief assoc bond/policy
Total CNA SURETY
.
$60.00
Paid Chk# 023241 9/5/2006 COBORN'S
E 101-42000-200 Office Supplies (GENERAL)
$81.76
supplies
Total COBORN'S
$81.76
Paid Chk# 023242 9/5/2006 DEHMER FIRE PROTECTION
E 101-42000-404 Repair/Maint -
$633.68 13763
extinguisher upgrades for fire
Total DEHMER FIRE PROTECTION
$633.68
Paid Chk# 023243 9/5/2006 DJ'S TOTAL HOME CARE CENTER
E 101-42000-200 Office Supplies (GENERAL)
$2.21
finance chg
E 101-42000-200 Office Supplies (GENERAL)
$40.56 13860
batterys, bulbs
E 101-42000-200 Office Supplies (GENERAL)
$42.74 14075
batteries, cable ties, nails,
E 101-42000-200 Office Supplies (GENERAL)
$64.98 14124
bit drill, latch safety oven
E 101-42000-200 Office Supplies (GENERAL)
($16.51) 14189
battery return
E 101-42000-200 Office Supplies (GENERAL)
$34.45 14302
cement, pipe cleaner, elbow, h
E 101-42000-200 Office Supplies (GENERAL)
($12.80) 14303
credit return elbow
E 101-42000-200 Office Supplies (GENERAL)
$10.46 14510
windshield wash
Total DJ'S TOTAL HOME CARE CENTER
$166.09
Paid Chk# 023244 9/5/2006 DON'S AUTO & REPAIR
E 101-42000-212 Motor Fuels
$62.79 41401
Fuel
E 602-49400-212 Motor Fuels
$46.71 41687
Fuel
E 101-42000-212 Motor Fuels
$50.66 41740
Fuel
E 101-42000-212 Motor Fuels
$66.53 41834
Fuel
Total DON'S AUTO & REPAIR
$226.69
Paid Chk# 023245 9/5/2006 ELAN FINANCIAL SERVICES
E 101-41300-200 Office Supplies (GENERAL)
$8.69
supplies
E 101-41400-200 Office Supplies (GENERAL)
$78.48
office supplies, meetings, pop
E 101-42400-331 Travel Expenses
$95.00
annual meeting JS
E 101-41300-331 Travel Expenses
$315.69
annual conf LK
E 468-49000-300 Professional Srvs (GENERAL)
$21.08
1-94 meeting
E 101-41300-200 Office Supplies (GENERAL)
$46.58
office supplies, meetings
Total ELAN FINANCIAL SERVICES
$565.52
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Check Amt Invoice
Comment
Paid Chk# 023246 9/5/2006 FASTENAL COMPANY
E 601-49450-405 Repair/Maint - Buildings
$43.27 MNMON2796 industrial supplies
E 601-49450-405 Repair/Maint - Buildings
$6.56 MNMON2798 industrial supplies
Total FASTENAL COMPANY
$49.83
Paid Chk# 023247 9/5/2006 FOX, JANELLE
G 101-22900 Park Rental Deposit Escrow
$100.00
reimburse park rental damage d
Total FOX, JANELLE
$100.00
Paid Chk# 023248 9/5/2006 GRAHEK, AARON
R 602-00000-99999 UNALLOCATED UTILITY
$106.47
refund overpmt of final wtr bi
Total GRAHEK, AARON
$106.47
Paid Chk# 023249 9/5/2006 GRIDOR CONSTRUCTION
E 491-49000-300 Professional Srvs (GENERAL)
$2,499.00
change order # 2 WWTF
Total GRIDOR CONSTRUCTION
$2,499.00
Paid Chk# 023250 9/5/2006 HOGLUND BUS COMPANY
E 101-42000-404 Repair/Maint -
$333.72
truck repair FD
Total HOGLUND BUS COMPANY
$333.72
Paid Chk# 023251 9/5/2006 LARSON ALLEN WEISHAIR & CO
E 101-42000-301 Auditing and Acct'g Services
$2,000.00 972494
2005 relief audit
Total LARSON ALLEN WEISHAIR & CO
$2,000.00
Paid Chk# 023252 9/5/2006 LDK BUILDERS
R 602-00000-99999 UNALLOCATED UTILITY
$10.00
refund overpmt on final water
Total LDK BUILDERS
$10.00
Paid Chk# 023253 9/5/2006 MBPTA
E 101-42400-208 Training and Instruction
$60.00
Conf. TL
Total MBPTA
$60.00
.
Paid Chk# 023254 9/5/2006 Mil LIFE
E 101-43100-130 Employer Paid Ins
$9.00
Emp Life Ins
E 101-41300-131 Employer Paid Health
$14.10
Emp Life Ins
E 101-45100-130 Employer Paid Ins
$19.55
Emp STDis Ins
E 101-41400-131 Employer Paid Health
$4.80
Emp Life Ins
E 101-41400-131 Employer Paid Health
$21.10
Emp STDis Ins
E 101-41500-131 Employer Paid Health
$30.97
Emp STDis Ins
E 101-42400-130 Employer Paid Ins
$63.40
Emp STDis Ins
E 101-41300-131 Employer Paid Health
$54.29
Emp STDis Ins
E 101-42400-130 Employer Paid Ins
$18.90
Emp Life Ins
E 101-41500-131 Employer Paid Health
$2.40
Emp Life Ins
E 602-49400-130 Employer Paid Ins
$17.99
Emp STDis Ins
E 602-49400-130 Employer Paid Ins
$3.90
Emp Life Ins
E 101-43100-130 Employer Paid Ins
$49.17
Emp STDis Ins
E 101-45100-130 Employer Paid Ins
$5.40
Emp Life Ins
E 601-49450-130 Employer Paid Ins
$5.40
Emp Life Ins
G 101-21710 Other Deducations
$7.50
Emp Life Ins Emp port
E 601-49450-130 Employer Paid Ins
$26.05
Emp STDis Ins
Total MII LIFE
$353.92
Paid Chk# 023255 9/5/2006 MINNESOTA PCA
E 101-43100-208 Training and Instruction
$23.00
renewal Class D Certif. TG
Total MINNESOTA PCA
$23.00
Paid Chk# 023256 9/5/2006 MINNESOTA DEPT OF LABOR & INDU
E 10142400-208 Training and Instruction
$35.00
Fall Seminar CCLD JS
E 101-42400-208 Training and Instruction
$35.00
Fall Seminar CCLD JS
Total MINNESOTA DEPT OF LABOR & INDU
$70.00
Paid Chk# 023257 9/5/2006 MTR SERVICES INC
E 604-49660-300 Professional Srvs (GENERAL)
$1,231.25 3922
Clean culverts Barthel, replac
E 604-49660-300 Professional Srvs (GENERAL)
$270.00 3923
Clean culverts Barthel
Total MTR SERVICES INC
$1,501.25
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e
Check Amt Invoice Comment
Paid Chk# 023258 9/5/2006 MUNICIPAL EMERGENCY SERVICES
E 101-42000-584 C/O - Turnout Gear $189.35 361211 turn out gear
E 101-42000-584 C/O -Turnout Gear $89.21 361407 turn out gear
E 101-42000-584 C/O - Turnout Gear $1,293.96 363672 turn out gear
Total MUNICIPAL EMERGENCY SERVICES $1,572.52
Paid Chk# 023259 9/5/2006 NEXTEL COMMUNICATIONS
E 101-43100-323
Nextel Radio Units
E 101-42400-323
Nextel Radio Units
E 101-43100-323
Nextel Radio Units
E 101-41400-323
Nextel Radio Units
E 101-45100-323
Nextel Radio Units
E 101-41400-323
Nextel Radio Units
E 101-45100-323
Nextel Radio Units
E 101-41300-321
Telephone
E 601-49450-323
Nextel Radio Units
E 101-42400-323
Nextel Radio Units
E 602-49400-323
Nextel Radio Units
E 101-42000-321
Telephone
Total NEXTEL COMMUNICATIONS
$31.65 71818331805 Nextel Phones
$31.65 71818331805 Nextel Phones
$31.65 71818331805 Nextel Phones
$31.76 71818331805 Nextel Phones
$31.95 71818331805 Nextel Phones
$32.04 71818331805 Nextel Phones
$33.32 71818331805 Nextel Phones
$55.32 71818331805 Nextel Phones
$35.64 71818331805 Nextel Phones
$31.65 71818331805 Nextel Phones
$31.97 71818331805 Nextel Phones
$31.65 71818331805 Nextel Phones
$410.25
Paid Chk# 023260 9/5/2006 OFFICE MAX - A BOISE COMPANY
E 101-41400-200
Office Supplies (GENERAL)
$183.07 197803
ppr, clips, pens, clipboards,
E 101-42400-200
Office Supplies (GENERAL)
$5.63 198115
ppr clips
E 101-42400-200
Office Supplies (GENERAL)
$56.98 280702
ppr, stapler, ribn, post its,
Total OFFICE MAX - A BOISE COMPANY
$245.68
Paid Chk# 023261 9/5/2006 OMANN BROTHERS
E 470-49000-300
Professional Srvs (GENERAL)
$19,086.79
Pmt # 5 CSAH 37 Trail
Total OMANN BROTHERS
$19,086.79
Paid Chk# 023262 9/5/2006 PAT'S 66
E 101-42000-212
Motor Fuels
$5.65
finance chg
E 101-42000-212
Motor Fuels
$35.25 14141
fuel
E 101-42000-212
Motor Fuels
$49.47 14153
fuel
E 101-42000-212
Motor Fuels
$61.00 14705
fuel
E 101-42000-212
Motor Fuels
$34.19 14828
fuel
E 101-42000-212
Motor Fuels
$61.43 14870
fuel
E 101-42000-212
Motor Fuels
$55.00 15629
fuel
Total PAT'S 66
$301.99
Paid Chk# 023263 9/5/2006 PINNACLE PRINTING, INC.
E 101-42400-203 Printed Forms $105.44 5926 inspection notices
Total PINNACLE PRINTING, INC. $105.44
Paid Chk# 023264 9/5/2006 PITNEY BOWES
E 101-41400-413 Office Equipment Rental $204.00 0787150-AUO Postage Machine Rental
Total PITNEY BOWES $204.00
Paid Chk# 023265 9/5/2006 PLAYPOWER
R 201-00000-34705 Park Dedication Fees $45,165.00 1400080141 4 Seasons Park
Total PLAYPOWER $45,165.00
Paid Chk# 023266 9/5/2006 ST. ALBERT'S PARISH CENTER
E 101-41410-300 Professional Srvs (GENERAL) $25.00 rental fee for facility 9/12 p
Total ST. ALBERT'S PARISH CENTER $25.00
Paid Chk# 023267 9/5/2006 ST. MICHAEL, CITY OF
E 101-45100-530 Improvements $2,630.32 08012006-2 3 sets of soccer goals
Total ST. MICHAEL, CITY OF $2,630.32
Paid Chk# 023268 9/5/2006 STEFFENS BROS. MEATS, INC.
E 101-42050-437 Misc. Donations $32.35 hot dogs, pep stix, buns, dona
Total STEFFENS BROS. MEATS, INC. $32.35
15
Paid Chk# 023269 9/5/2006 SUNNYFIELD •
E 101-43100-400 Repair/Maint - Paved Rd $350.00 1128 crackfilling
Total SUNNYFIELD $350.00
Paid Chk# 023270 9/5/2006 TOSHIBA AMERICA INFO SYS INC
E 101-41400-413 Office Equipment Rental $496.16 45344851 Copier Maintenance Agreement
Total TOSHIBA AMERICA INFO SYS INC $496.16
Paid Chk# 023271 9/5/2006 UNIFORMS UNLIMITED INC
E 101-42000-417 Uniform Rentals $135.67 329449 uniform PG FD
E 101-42000-417 Uniform Rentals $76.15 329840 uniform PG FD
Total UNIFORMS UNLIMITED INC $211.82
Paid Chk# 023272 9/5/2006 VERIZON
E 101-42000-321 Telephone $2.33 3693485148 cell phone for rescue
Total VERIZON $2.33
Paid Chk# 023273 9/5/2006 WRIGHT-HENNEPIN COOPERATIVE
E 101-45100-381 Electric Utilities $194.23 35016717990 parks
E 101-43160-381 Electric Utilities $212.91 35016717990 Street Lighting
E 601-49450-381 Electric Utilities $232.86 35016717990 lift stations
Total WRIGHT-HENNEPIN COOPERATIVE $640.00
10100 Premier Bank $80,513.77
Fund Summary
10100 Premier Bank
101 GENERAL FUND
$11,673.83
201 PARK DEDICATION
$45,165.00
468 CSAH 19 RAMPS/I 94 Project
$21.08
470 CSAH 37 TRAIL.
$19,086.79
491 WWTF Phase 2
$2,499.00
601 SEWER FUND
$349.78
602 WATER FUND
$217.04
604 STORM WATER
$1,501.25
$80,513.77
•
16
0
0
0
-A
SEH mwoR"Dum
TO- Larry Kruse
Albut%illc City Administrator
FRO James A, Schul?, PE
Pro*! tinter
DATE: August 3. 20M
kE: 201)5 CS AH -A7 Trail
AlIxtivi Ile, Minnesota
SEH No- A-ALBEV0410
on
Er to plew. find AWlicaliort (or Payment No, 5 (FVNALl for this prp*i if We avourA of 19,086-79r
We reviewed this appllcatirmww it alarm ar's try ma be in order.. When pdyn,=, t k de, ugn all copies and
di'Oribule its follow,$,,
Omann Arwfwrx, JDc,
SEH
City of Albertville
Encim-d. for your files am, the following documrnts-
* IC-134 StaeWitbho[Jing Form
* Lien, Waivers-
* Consent of SuTey to Finat Payntrut
If you havocryaquestions, pttasc feel free to call us -
(big
E, losus
17
H
18
0
0
0
wt
NITLam., Kruse, City Administrator
City, of Al ells
$97 5 Main Avenue NE, P-0. Box q
JV-bextvfll1N 55301-0009
RE: Hunter's Pass Lift Statism
Albertville, MN
Con ftactor's'Pay, Estimate No, 4 & Final
Dw Mr. Kruse-
En- pleww, find flireo (3) cx)pies of Pay F�timatc No. 4 & Firml firom CCS Cautmcting
For work compIcied on the above rcfm=cvd project.
We have reviewed the wt4- cumpleted mQ Pay Fstimatc No. 4 k, Final and recommend
W"ptaLICIC Of the iJUWVCMC1ItS and final p3yffiefit in the anl=lt Of $15,688.00 tO CCS
Contracting, For yottr inn mmatit rl, the ariginal. contract amount was W10k and the
find contract muount was SI 2 7,560,59
.If everythinp, meeu yout apptovat,please xigm al I thrcc (1) copiLN, ret in one (1) copy,
a]
rctum onc (1) copy ki our office, and submit. one (1) copy altmig with payment to CCS
Contracting, P.O. Box 1207781, New.Brightun, MN 5511,2,,
Please confactme if ymi bave any questions regarding fliis estimate.
Sinca,cly,
BOLTON & MENK, INC.
Adam Nafstad, P.E.
Assigmit City, EriginleleT
�nclosures
Cc-, Paul Saffeil, R E. — B NI I
Mark, Kaaua, P.E_ - 13MI
21
•
22
0
Is
01
I
� 2� » /
2 72 $�\�
f� 2� ���2u
fƒ �� »f/may
UO
23
Mr, LaM Krusc4 Oty Administtam
Oty,of Albc-rlvilk
5975 Mairt Avenue NE, P. Box 9
AftxAvill e, NON 553,01
: Kotiville 2** Addition -Lett of Credit Release
Albagrille, ,Minnekft
14MI of No. T1 5 �' 2", 1660
In MAy of 2005� Letier-MunmersimWr Pwopwties, Inc. rqwsW a reuse of the $12,500 Leftet of CrW' it
(LOC j held as sm. urity f(* fb c, wcoixl year of ft twv -yew v arrmty period of th e mun ic i pal
iruprovem,ents of Kollville Z'A Addhion, tr", this rNucsi, d* Develt.Vw'was wo Mod of items to he
rvwted as wmrartty wark prior to the relcose of the, LOC.. To daft, ali known oucs"ding warrant),
work has bm omVle"d in gengral comptisuccof th-c plans and specification of `w, bis
therefore wmmumded that the LOC be, relmw4in full,
Ple-mic Ict me know if you have az%y quesfitms or wvuld like wJditiLKW inforination,
gilturrely,
40 L I'M & MEN K, IN C
A"u,Nafslad, P-E.
Albertville Amiiswnt City bigium,
Cz: Tina Langres - Albertvilk Finance Director
Ralph Mumawtviggr — Properties,,, Inc,-
25
Mr. Larry Kruse, C ity Ad min isftkv
City of AlbeTtville
505 Mam Avcnucj NF, P, 0-flax 9
Athem,Ill pe'VIN, 55301
RE,: 'Towne Lakes 4*,Addition - Lettrr of Credit Redix-Oon
Albertville., MiancWa
13MI "ect No, T 15.21660
Dear .M.t. Kruie,
( have reviewed RoWuM Compwvy, Im's request to reduce Letter of Credit No- 7318 fmm $200,000to
0 ba.W4 upwl compidion, of 39 of the 45 townliouse units in the dcvclopment- Thi,--, tftwr of
Credit covers Wy the gToding and landk-aping outside the public rigIlit-of-way- Urx-M miew of tj* site,
if is WmrimeodwJ ChM tht requrA to rvdwe ffic Leber of'Credit to $52,000 be, grarwwd71w r—edueed
balance,"AJ be sulficicnt smgar ity fw comptiction oft remaining Us and punchlist items,
Pleaw kt wa kno% if yow Jixvr ate' qoeitiom vT would like additional information.
Sincemy.
BOLTON 'MENK, LNC-
Adam `lea fi,44, P, E,
A I batv, i I I e A ssi Am, t Cite Engi n eff
Cc., Tm�a Lannc,5 - Albe-ttville Fimnm rtip
DO Ridgewky - R(xilund Cmtpamy, Inc-
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Mr' LAm, Krusm-, City Administmtor
City of Al to
597-1 Main Avenue NE, P- 0. Wax q
AlhenvikNIN 55101
RE Shoppes at Praire Run - LMcr of Credit Reductij,"I
AlbcitvAIc,Minneso
I , W
ill Plroj ovt No. T 15, 21660
Drar Mr. Kmsc:
I have rvvithe request, b�v Finken Water, tn,.-- to reduce (be 1.*Oer Credit based kipon work completed.
To Ue, It ownicipal improvements have been ec"pleud, in, gemerad omkimumv with, the plans wid
specifications and appKtit` tnMely th,iM (11-1) k,,)f the, site bw beeft dev BaNed mt
One- , elope& - upon dw w
completed to date' 1. recommend thatthe Locurrent of Cr-Credit be frum the currni a,mount arSM I,X776
to no less that $545W 71v reduced Mawr wi 11 sufficicatt it uairtg
ycavcrthecir
and grading items tit the undevetoped tvLs-
Pleaw lot tor, knaw if you inve any qtwsainns twwould like additional info mation.
Since -rely,
BOLTON & MENK, 1.NC.
Adam Narmad. P,. E,
Afffteville Amisum City Fngincer
cx� 'Tina Lan = - Alberwillefin
E
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A,Ibertvillc
Small Town Uving. 819 City We.
TO: City Council
FROM: Tim Guimont
DATE: August 25, 2006
RE: Public Works Department - Parks Maintenance
Request for Council Action (RCA)
The city received $15,771.24 for storm damage to buildings throughout Albertville. There were
areas in which staff was able to repair and other areas staff decided not to repair. The balance
after the storm damage repairs is $8,931.24, which staff recommends using towards repairs to the
Central Park Shelter and gazebo. The items to be repaired are a new roof on the gazebo and a
new roof, soffit and fascia on the park shelter at an estimated cost of $12,900; therefore, it would
required an addition $3,968.76 to be taken from the Park Building fund.
The Parks and Recreation Committee would like to build a 20' x 39' open addition to the west
side of the Central Park shelter. The cost of this is around $15,000. The Knights of Columbus
has donated $5,000 towards this project and will donate another $10,000 next year.
RECOMMENDATION:
Move to approve the repair to the Central Park Gazebo and Central Park Shelter at a cost not to
exceed $12,900 using $8.931.24 of Storm damage funds and $3,968 from Park Building funds.
Move to approve a 20" x 39" open addition on the west side of the Central Park Shelter.
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31
AIbc tvi e
Small Town Living. Big City We.
TO: City Council
FROM: Tim Guimont
DATE: August 25, 2006
RE: Public Works Department
Streets
1. We have started repairing sidewalks on the west side of Main Avenue NE just south of 57tn
Street NE. We are replacing the old four (4) foot sidewalk with a five (5) foot sidewalk.
2. The curb repair and overlay project is under way and going well.
Weeds
We have been spending a great deal of time chasing, re -inspecting and mowing weeds. The
ordinance states that the weeds or grass can't be over 12" tall. This is fine for unfinished
developments with bare lots, but it is becoming a problem with vacant homes in finished
developments. 12" is too tall to maintain and keep looking good in a neighborhood. There
appears to be several vacant homes within the Albertville city limits.
0
33
TO:
City Council
FROM:
Tina L. Lannes
DATE:
August 25, 2006
RE:
Accounts Receivable Update
Total accounts receivable outstanding through August 25, 2006 is $130,708.69
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding $103,281.19 79.02%
30-60 days outstanding $ 2,899.98 2.22%
60-90 days outstanding $ 0.00 0.00%
Over 90 days outstanding $ 24,527.52 18.77%
The majority of the over 90 days outstanding is due to Gold Key Development, Yearwood
Development and the St. Michael, Albertville District. If payments are not made in full as of
November 151h these outstanding bills will be certified to taxes. Staff called the School District
to find out the status of the receivable, but both individuals are on vacation.
35
Vendor
Amount Due
0-30 Days
30-60 days
60-90
da s
90 days &
Over
152 CLUB
$500.00
$500.00
ALBERTILLE HOLDINGS
$2,047.67
$2,047.67
ALBERNILLE MEDICAL CLINIC
$6,142.54
$6,142.54
BRACK BUILDERS
$126.04
$126.04
BURGER KING
$1,412.19
$368.20
$535.83
$508.16
CAHOON, MATTHEW
$200.00
$200.00
CARLSON, BRETT
$378.13
$378.13
CENTERPOINT ENERGY
$150.00
$150.00
CPG PARTNERS
$1,534.64
$334.95
$90.63
$1,109.06
EDINA DEVELOPMENT
$1,715.40
$1,715.40
EMBARQ - MN
$150.00
$150.00
ERICKSON, JUSTIN & KARI
$189.06
$189.06
FRANCIS PROPERTIES
$300.00
$300.00
GOLD KEY DEVELOPMENT
$5,631.00
$36.25
$5,594.75
GREENINGER, JOHN & BRENDA
$400.00
$400.00
GUTWILLER, GREG & ZONA
$100.00
$100.00
HENNIX, MATTHEW
$700.00
$700.00
HERMANN, KRISTI
$100.00
$100.00
KRESAL, DENNIS
$100.00
$100.00
LENGSAVATH, SKIP
$100.00
$100.00
LEUER-MUNSTERTEIGER
PROPERTIES
$1,323.00
$1,323.00
LIFE IN CHRIST CHURCH
$42.10
$42.10
LITZAU, JEFF & LINDA
$126.04
$126.04
M M HOMES
$100.00
$100.00
MAJESTIC BLDRS
$300.00
$300.00
MERCHAND, JOSH & THERESA
$100.00
$100.00
MINNESOTA DEVELOPMENT AGENCY
$9,186.51
$9,186.51
NEXTEX PROPERTIES
$42.00
$42.00
NORTHWOODS CUSTOM HOMES
$700.00
$700.00
OLDCASTLE GLASS
$81.68
$81.68
OPTION ONE MORTGAGE CORP
$582.76
$582.76
OTSEGO, CITY OF
$24,273.44
$24,273.44
PARAMOUNT HOMES
$100.00
$100.00
PETERS, MOHAN
$160.00
$150.00
PETERSON, JOSH
$252.17
$252.17
PHILMORRIS
$1,926.02
$1,926.02
PREFERRED ONE
$500.00
$500.00
PREMIER DEVELOPMENT GROUP
$116.27
$69.30
$46.97
ROSETTI'S PIZZA
$500.00
$500.00
•
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36
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Vendor
Amount Due
0-30 Days
30-60 days
60-90
days
90 days &
Over
SCHULTZ & SCHUPP
$3,980.13
$3,980.13
SCOTT, JOHN
$100.00
$100.00
SHOPPES AT PRAIRIE RUN - FINKE
$35.90
$35.90
SHOPPES AT TOWNE LAKES 2
$2,370.10
$2,370.10
SMACKDOWN BAR & GRILUFULL
MOON
$1,430.03
$500.00
$930.03
SPACE ALIENS
$1,079.10
$1,079.10
ST. MICHAEL, ALBERTVILLE DIST
$6,521.35
$5,521.35
ST. Michael, CITY OF
$12,259.00
$12,259.00
STATE BANK OF LONG LAKE
$1,211.00
$1,211.00
T-SQUARE PROPERTIES
$749.00
$749.00
TERRA DEVELOPMENT
$9,634.98
$7,792.25
$1,842.73
TOWNE LAKES
$22,637.84
$22,354.34
$283.50
WAHLSTROM, SHAWN & MEGAN
$205.01
$205.01
WARD, TOM
$600.00
$600.00
YEARWOOD DEVELOPMENT
$6,516.59
$6,516.59
Total
$130,708.69
$103,281.19
$2,899.98
$0.00
$24,527.52
Current 0-30 days
$103,281.19
79.02%
30-60 days
$2,899.98
2.22%
60-90 days
$0.00
0.00%
over 90 day
$24,527.52
18.77%
37
TO: City Council
FROM: Tina L. Lannes
DATE: August 25, 2006
RE: Project Update
Council requested an update on outstanding project status. Below are the contracted projects
with amounts paid to date as of August 25, 2006:
Project
Total Contract
Paid to Date
Difference
2004 School Pedestrian Trail
(Bituminous)
$353,876.90
$331,703.71
$22,173.19
2004 Prairie Run
$1,595,233.53
$1,567,701.19
$27,532.34
2004 Seal Coat Improvement
$19,965.00
$18,692.60
$1,272.40
2004 Street Overlay
$98,070.00
$89,978.40
$8,091.60
Public Works Building
$1,714,020.00
$1,706,967.00
$7,053.00
2003 CSAH 19 Upgrade
$1,446,496.70
$1,340,629.92
$105,866.78
2003 Seal Coat Improvement
$10,421.00
$10,061.62
$359.38
Frontage Avenue Improvements
$313,719.00
$281,440.31
$32,278.69
Water Main Change Order
$32,394.00
$30,288.00
$2,106.00
CSAH 37 / 60th Street Storm Sewer
$49,983.00
$47,941.00
$2,042.00
WWTF Expansion
$3,707,499.00
$3,705,000.00
$2,499.00
05 Overay
$94, 713.00
$71, 348.90
$23, 364.10
Mud Lake Water Main
$70,923.14
$67,725.89
$3,197.25
Hunter Pass Lift Station
$127,600.00
$111,878.59
$15,721.41
Ice Arena Locker Room
$683,581.00
644,377.00
$39,204.00
Hockey Rink
$100,953.00
$88,820.92
$12,132.08
City Hall
$3,091,000.00
$2,194,690.00
$896,310.00
37 Trail
$241,522.75
$226,608.96
$14,913.79
Total $13,751,971.02 1 $11,628,357.31 1 $1,216,117.01
77.02%
194 Project 1 1 $293,642.741 -$293,642.74
•
C = Construction
R = Retainage
C & R
C & R
R
C & R
C & R
R
C & R
R
R
CG ORDER
C & R
C & R
C & R
39
•
TO: City Council
FROM: Tina L. Lannes
DATE: August 25, 2006
RE: Sod Request
History
Council requested for staff to research sod issue for a Prairie Run property.
Report
Staff has researched per Council's request and found that the City of Albertville requires in the
building permit stage, that an as -built survey must be submitted and approved prior to installing
sod, trees or irrigation systems. During this process they may submit a landscaping escrow and
can receive a temporary certificate of occupancy.
The particular property in question has not submitted an as -build survey as of August 25, 2006.
41
TO: City Council
FROM: Tina L. Lannes
DATE: August 25, 2006
RE: Park Shelter Reservations
History
Council requested for staff to research the issue of residents not being able to reserve the park.
Report
Staff contacted Sandy at FYCC, who has been taking care of booking the park reservations for
the ball fields, but she was on vacation. Staff discussed the council concerns and determined that
to resolve the issue, besides working with Sandy; the City of Albertville should maintain all the
park reservations and Sandy should be contacting the City of Albertville for approval and avoid
scheduling conflicts. In turn, the City of Albertville staff makes all reservations and collects the
appropriate fees associated with each park rental (including baseball tournaments).
Action
Staff is looking for Council direction on how to proceed regarding the Park Shelter Rental
Policy.
•
43
•
NORTHWEST ASSOCIATED CONSULTANTS, INC..
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone:
'i i i3.231.2555 Facsimile: 763.231.2561plan ners@nacplanning.com
MEMORANDUM
TO: Larry Kruse — City Administrator
FROM: Charles Carlson / Al Brixius
DATE: August 28, 2006
RE: Perkins Revised Plans, Site and Building Plan Review, Revised Plans
NAC FILE: 163.05 — 06.24
BACKGROUND
GLTArchitects and JLC Properties of Rochester has applied for Site and Building Plan
Review for a new Perkins Restaurant and Bakery in Albertville. The Planning
Commission discussed the project on August 8, 2006 and recommended approval of
the project, subject to many conditions.
The applicant submitted revised plans on August 22, 2006. The plans were submitted in
response to conditions of approval incorporated within the planning report for the
project. The attached resolution includes the conditions of approval recommended by
staff and the Planning Commission, as amended by the revised plans.
REVISED PLANS
Revised plans show a number of revisions to the site plan. Parking lot landscaping is
increased, as is landscaping provided on the site perimeter near Laketowne Drive. The
building design facing the traffic circle is improved per conditions of the Planning
Commission, and meets the 20 percent stone and brick requirement of the PUD. Truck
circulation is improved as well, with additional space for deliveries and smoother
circulation. An additional pedestrian walkway is incorporated into the revised plan.
Lighting is improved as well. The lighting will match Shoppes at Towne Lakes One, and
will provide even light across the parking lot. Other resolved issues include civil
engineering details, affirmation of compliance with ordinances, and other minor issues.
RESOLUTION
A resolution approving the project is attached, with conditions as established by the
Planning Commission and as modified by staff upon review of revised plans.
ATTACHMENTS:
• Memo from Matthew Malone, Project Architect, GLTArchitects, August 22, 2006
Revised Plans, dated August 22, 2006 - Resolution
CZ"
• CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2006-xx
RESOLUTION APPROVING SITE AND BUILDING PLAN REVIEW FOR
PERKINS RESTAURANT AND BAKERY LOCATED AT THE
SHOPPES AT TOWNE LAKES TWO LOCATED AT CSAH 19 AND
LAKETOWNE DRIVE NE IN THE CITY OF ALBERTVILLE
WHEREAS, JLC Properties of Rochester, LLLP has submitted an application for site and
building plan review to construct a new restaurant and bakery on the site legally described as
follows; and
Block 1, Lot 5, Shoppes at Towne Lakes Two, Wright County, MN
WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated
August 3, 2006; and
WHEREAS, the Albertville Planning Commission met and held a public hearing on August 8,
2006 to consider the Perkins Restaurant and Bakery application; and
WHEREAS, upon review of the staff reports and hearing public testimony, the Planning
Commission closed the public hearing and recommended that the City Council approve the site
and building plan review, subject to the conditions outlined in the August 3, 2006 Planning
Report, August 1, 2006 Engineer report, and August 28, 2006 planning memo; and
WHEREAS, the Albertville City Council has received the Perkins Restaurant and Bakery
application, staff review documents, and the Planning Commission Recommendation, and agrees
with the findings and recommendation of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Albertville, Minnesota
hereby approves the site and building plan review for Perkins Restaurant and Bakery, Shoppes at
Towne Lakes Two, subject to the attached findings of fact and decisions.
Findings of Fact: Based on review of the evidence received, the City Council now makes the
following finding of fact and decision:
A. The site is described Block 1, Lot 5, Shoppes at Towne Lakes Two, Wright County, MN.
B. The planning report dated August 3, 2006 and memo dated August 28, 2006 from
Northwest Associated Consultants is incorporated herein.
C. The proposed use can be accommodated with existing public services and will not
• overburden the city's service capacity.
47
D. Traffic generated by the proposed use is within the capabilities of streets serving the •
property as proposed, provided the proposed private street network is created
simultaneous with development.
E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to
the proposed use.
F. The proposed actions have been considered in relation to the specific policies and
provisions of and have been found to be consistent with the Comprehensive Plan.
G. The proposed use will be compatible with present and future land uses of the area.
H. The proposed use conforms to the applicable Zoning Ordinance performance standards
and approved planned unit development standards.
I. The proposed use will not tend to or actually depreciate the area in which it is proposed.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the site and building plan review based on the plans received July 11, 2006 and
revised plans received August 22, 2006, subject to the following conditions:
Site and Building Plan Review
1. Simultaneous with the development of the proposed restaurant, Albertville Phase Two,
LLC must build the proposed private street system, including sidewalks. A street signage
and striping (traffic, no parking, etc.) plan shall be submitted for review. Signing and
striping of the access roads and parking lots shall be in accordance with the latest edition
of the MMUTCD and as required by fire regulations.
2. If rooftop units are partially visible, they shall be screened or painted to match the is
building.
Signage shall conform to the proposed signage. This includes two building signs, 8 by 4.5
feet with the restaurant logo/name and one pylon sign not to exceed 30 feet in height, and
a 14 by 8.5 feet oval design with a dark background and light logo/lettering. Sign
illumination shall be light letters on a dark background.
4. The Developer will be responsible for all construction permits required for the
improvements (sanitary, water, storm water, sign permits, etc.)
5. All Comments and conditions from the City Engineer, including:
a. All site work will need to be coordinated with the construction of the Shoppes at
Towne Lakes Two improvements and constructed following or simultaneously with
those improvements.
b. The stockpiled material within the Shoppes at Towne Lakes Two plat shall be
removed and the entire site shall be stabilized prior to the construction of the Perkins
site.
Shoppes at Towne Lakes Two roadway construction, utility installation and pond
construction shall be completed prior to or concurrently with the Perkins site
improvements. •
48
d. No construction activity shall take place on adjacent properties without permission
and/or easement from the respective property owner.
e. No work or traffic disturbing activity shall take place within public right-of-way
without notice to and approval from the City.
f. The 2 — inch water service shall be copper pipe.
g. Hydrant spacing and water supply shall meet the requirements of the latest version of
the Minnesota State Fire Code and that of Albertville's Fire Chief.
h. The location of the FDC on the building shall be submitted for review.
i. Sanitary sewer service pipe shall be SDR 26 PVC.
j. Drop -in style inlet protection shall be used in place of the proposed filter aggregate
inlet protection.
k. The Shoppes at Towne Lakes Two pond shall be completed prior to construction of
the building and parking lot.
1. All pedestrian ramps shall meet ADA and MnDOT requirements (truncated domes).
Adopted by the Albertville City Council this 5th Day of September 2006.
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Email: mail®duffyeng.com
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X O Memphis, Tennessee 36119-4893NXV A A z THESE DRAWINGS AND SPECIFICATIONS ARE OWNED AND COPYRIGHTED N^
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TYPICAL FLOOR PLAN ALBERTVILLE, MINNESOTA zoos 005R RR
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Consulting Engineers & Surveyors
Mr. Lany lw:rwie, City Administrator
Oty of Albertville
5 75 . n Av4mue NE
P. 0, Box
Albertville. MN 55301
t Seal Coat Lmpro °ements
City of Albertville, VI
otaora lc Mayor and City Council Members -
On June 5",, 21t J6. City Council approved plans and sjimifi cations and €ruthortizod staff to :jlicitt
bids for the pmj* ed impmvrmcnts that includcd apprn i natel 2 1. + 7 sgtaw yar& of seal
coating on the following roadways-,
51 Street NE f l aitlx l Industrial Dr. to main Avcnu)
4 Lannon e eN. . (515Stma to Barthcl Indust al Or)
Larabet, Circle N.F..
Lasalle, Circl 1a1. K
Lansing Avcn c N,E, (5(Y" StfW, to 51 tt t)
LAwust Circle N.
L'dLhin and oth.cr misecilancous repair work medexi on several of the, l ec-t roadways, was
incorpofated into the City's over1ky pr jeut, and hai rum co plctc(L
Flmp sals for the 2006Scal COW Improventents have been requested fnim four 4ontr ctor
and will be received on or b f re Friday', September l"I NXW
1 will be at the cptcrnb r 5"', 2XIC5. Coo it '& ting to Ircsoit i formatioWbids rc';eivvd, and
s ate. re rrueze1111, .tiOns �;one rnint the hids aiW discuss any questions yrou may have Wn=1ft1g
your pr j .t.
Sincerely,
1401.`i't N & ill NK, INC,
A dam N
Assistant City Engimer
• Ci: Mark, D. l* wsma, P-EL, ('its° Fn lnccr
I rian Yavarow, E<l..i., B1` I
51
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Consulling Engineer surveyor
r
TO+. flonorabic Mayor and City Council
FROM: Pete Sorenson, Traffic Engirtocting
, Specialist
Adm , .E., Assistant City Engineer
DATEi Aug
SUBJECT: -School Speed Limit Request
at'St. Michacl/Alberwille High School
Main Avenue at Albertville Primay School
} you request4, I reviewed the applicability of Schow Speed Zorws for 1 a1 amw on the.
two roadways, Minnesota law regarding l speed Ins allows thcjurisdictional authority to
post school speed limits when an enginecringtraffic investigation is performed as prwribed
the eotnmis4oncr of tranwrtationThe traffic investigation consists of a'school route plan'
anda, 'whool hazozd investigation. At this tam, I do not TwmnmcMt o school speed limit,
be esWished at thi-se loca6ons
50 trttt stSt MicbsellAthertvillt Mi le ehooL 5 Street is currently a city street,
erWright County has this sekctio
of d for tAing
authority within the next -year. I discussed this i sur, with the Wright, Highway
Dtrn t, k4rVirgil Hawkins, Assistant WrightC � d t .be
interested in ins l e t in establishingthe appropriate econtrols aloes this Uwe County
roadway�
Considering the stuilenti elimndy attc Ting this facility will transfer to the oew highschool
aruJ that this facility will change to a junior highschool, an enginecTing and traffic investigation
would he, Nomcwhat pmmature and would not considcjr#ppreMajv sWent school routes nor
numbm and groups of walking stWentswill be allending the school in 2007. This decision
would be mom appropriawlye follo-wing the change is facility u x if a school, speed limit i
appropriate forthis facility, I recotmeW that the decision be made by Wright County after the
change facility
Man Avvaue at AlbertviUe Primary School. Min Avenue is cuTrently a city street
with a 30 MNI speed limit_ Traffic counts were taken this spring on Main Avenue �vuth of
Stied. The traffic- volume at that location was shown at sW vehicles per day_ Additional
c uts were not taken in tlw Vicinity of the Albertville Primary School,ho%evvr, it can be
estimated that the volume would be somcwfw lower so a of 7 t o the a s.
53
AlberMfle
l Speed Limits
•
•
54
Iry
i WRIGHT COUNTY
DEPARTMENTOF HIGHWAYSVNE A, rtX SON, PR
*Wklr444
nr
lffrig& C4,kunty Public Warks 84i'di VIROIL cI HAVittNS. PA'
�W-4y MCHARD M MAAqV*--M,
°rip �€eane tMj ,7.% i Ta c t
"i K0VN0 ?M `i THROUGH 9 CHia a s i di 4 Via- s
a..ENGINEERING DECISIONSM 1pno
;
Mr.. dam Nafstad, FT -
Assistant AlbrMille City Engineer
Bolton & dank,. tt,
12224 l icoM Avenue
Burnsville, NIX. 55331-1 4
Rex CSAH 19 - Speed Zone Request
City of Alberivitle
Dear MT, Nafitad
We have reviewed the City of Al rtville's request for a speed zonestudy oit C-SA -i 19, fTomthe south
city limits to CSAH. 37 and t of `er the following comments
1 Tht last sped zonesludy on CS N 19 was conducted in September of 2(see attachcd aid
one recominwndation leticrr, Batt: {'l3;2 Sand sub bent Speed Limit Auttwitization, dated
12/161131 1. Tbis speed zone study was alone in response to and after winpif6on ofthe 4-lanc
section that the ciNy l d cc xtplomd in 2003,
2. Although more, development has t currcd on the west side of CSAH t at 53Id Site t "N-E , tl
4wrrent r way geometries, have not eli anped sip the last speed zone study was *nducied
3. The c ouur will be. reconstructing CSAII I q to a 4-lane roadway in 2007, ftom 11►a Stttl's cif'
ti , s of'Alberivilte to just south of �7" tre t N.E.
Based zon the above -mentioned points, it Would make the rate seto e., uet a new speed znnc study,
upon. completion of the County, prc ect-
Tf you have any juestions, pk3w call rrre at 763-6 - 3 1
incerely*
Bill cmdeli
Senior T'rafl "I° ne >t
ncivs,ums. Specd Zone Auti rizalion Letter,
Speed Z cite Recommendation Letter
Cc,- Wayne l+in al an, County Enginou
Virgil'Hawkini, istantCo. EngJa
55
�U< ; Field Operati.ons Divjs
OFFICE MEMORANDUM
1x *a'WAFWV r =.Y 4 Ins
DDT temr ia� l ��1a
r Michael I. pfc1t t 'A : Datt Brannaa,KS, 25
`pa t`fmc 1 rge r, rma),
ABSIstam,1 ibttfcl TrafficF t gitm#
-S-A 1i, 1
141/ri ht owir�
We asvr ('UmPleted Wi criginecring tnd trmff
ic inn tw n i�a aetr,eminc a rc3a'n;t�:� � �i ����:� �rt�at �� � u to
Stale:d l.i �a � 1 ,5. . pl.l i,et °corm t °, . 1 €vm rm t t. F of llanGv aild C S,AJI 39. Tltas
conthwied as re ur.5 ftt a re-wha tcm Passed 1)�, Might (Ourmt'�, £�coar�l c�� :iu s���aGays, ter3 r ugwt t L, 2(*.. If
,vou agree °path am z .aids-tion, jflt: i,sc for-for-ard a to Wt Comity,
Bastdcgi mvestijg4tjon rc u.lt•1 *2 r t'ra~laile d the fall ° 1 t l r e 10 :tmc :pad lirms's for C S, A 11, 1
30 N911 bet"x6ein the HenrmpiniWqght t. nu ty Line C.-I'V of lCanovcr+ a2d a Poillr ap-proxii-Ir{a:t by 750 I et
s(xtrtht Coun
Py Ftad ..
rtatatiorY hetuven a Point apptoAnuately 7M let Ala of County Road 4md a po4w approximmet
50 f t north o -32nd steet N.t3, irm .fit, `� l�.ftacl.
34) MPH bet° ven a *t ppr xa.marCjy 35 feet ttord, or 3-�Ad S,tjoet n St_ tclapel on a pa)ftt
a PFo'xitaaatClY 4=50 feet DWI of Trwi ffjg1,way . a t to sr. NI Xh el.
44) ft'Iii k? +t as a point apprevilm,te1� 5A-0, Cat rate of Trunk l i :hway 241 in St. Michael
AD N
WH betweert .,S., ,H, V1 8 .and aPOint prQx t-t1Y It U feet south of 53' 51,
40 MPH oerkeen a p oint a ppa xtt at , tip t et aut & f` 5 as fit. t d ps crat a frt alcf r �5 .
north Of t t ,t:,d h0crstate , amsap.
Statutory between a point apprt)'16as tel5, 2,5 feet. no (if west mo nd lrmtetstate Vim4 OnRanlp and
C-S,A, 1, 39.
Btt-,ause of thfx studtr "ba r cmmT,rmae tti lass trm speed limits l two �:rcas. Cat Litt �v ll h � ` t;mplm e no rca.
the t ,A- . � 18 juncl: a, °ilmms h wtan of the shady arts conststts of ptopertyb an dote mt sfmm le. fwmty
h"Mm, amend a lw ton ham Comp kK Un t WMt-4de, The msst smdc Ims a large area thatlis sm;fll :a g0oultuml, and a
,rCCEROY ConsMWt l sh itn * ll- A 4pCe4 study taken its "leis artA s )ws +5% ds e-r 1 atmph arld pwe& of = - 5
T,nPh for l c4h nofth and ruth l'ound vehicles. TC-1 � vcsconducted confi ni the recornmendcd 50 r tPh Tecd lima is
atipt•yppr€atc "(* time CnViM,MT€lent.
`1,�e : moans �hapqc t;. a ►-rat estt�slcm to tic in pl4tcr 40 01ph °z4jnc ne , t �ittlet mall no �f 1 fi and a
-11001 rXteasloft to t2he sou, th end_ 'rills ams is c saricn eta ` c,�n " rtiJs� am€t changes, inc-hiding [am
c shoppi
m4°11 and hrf i complex on the east sE e ��i the rraa�s�xn H � e f�c# th;'s .off mph e t isai( t ��ill not hzndcm' cot tt traffic
and 111 c a m3 mma atts r ,4c needs. e test dnv were Conducted crt'tclrs the cxt ;s€olm� two the
e1 as &ng 40 mph and qatutce7nnes .ate appropriate (` r their ,u tvxmding vfrc)martaerlts. •
Page
56
0
To. WnOrahl 0 NIAYW WW C-jrVCO4MCi1
FROM., Adm Nafmad, P.E, Assisunt City Engineer
OAIT: Au" 28, 2006
SLIBUCT. West Laketowne Drive SWp Sign Request
At the Atigust 7h, 2W6. City Courwil mecting, I imRoiswig of 11673 Fast L4-anownc [)me NE InquirtJ
AbcoA additional stop signs along WeA Lakcknvne Drive, NF- We Rejswig expWittied, flud te%idews of the
Towtw Lakes Additions wt noticing ratre traffic along the roadwky mW believe that many of the
atotorists are exceeding the, posted speed limit:,
As directed, by Couricil, I have r evid the traffic arid inter-wectioni on Ow roadway of convtm au d, do
not recommeW the *dditionof Aop, signs at this fimc.
Curttvtly, West Lakew-Aw Mve has a PtVed speed limit of 30 mph and is considemd the, througit-sueet
' for the, Toume Lakes Additions xW the crm Streets approach ing, W "- I Awwmw mive- have stop sign,&
Rio rcstwtcd vicws or sight di,,%Uuh* imeswere noticed at thc tine of obwvatk"k and to the best of by
kVQWI,Cdge the i"Wt9&ti0M of WMCM do DOt hAV'O 0 hil;tM 4Pf 8"IdkntS,
tu goncral, the =4 ftw inter wow wntrol swuld be ident to a mot iv ffw goW (4vatim ('ic ftxvgh
trUfflC� high Mllunws, l(P*ViSjbjlijv, enish problems) and driver expectaticirl,%, (regttding the roadway
ahcad) need to be met fot gemd oomplianor (ic- does whal I sce RJw0d make sense?), The addition of mop
signs sk-mg this road -way may in fact increase safety ti&6- aftd have, anadverse effect *n the operation or
the it'llemc(ions.
Given the chmavMions made, thc Minn exalklanual on Unif(Vin, Traffic Control Devices and enginecring
jud.punent do th-A %imni additiowl'stops signs at this lime, It is rcournmended that additkmal signs no
be added at this titne and that traffic volumes, craOs hiswry. and pedestrianactivity con6nut to be,
monitored and that proFw traffic "mm-RI he implenwated should the need witse,.
Although a need k)y additional speed control was not nmed at the time Lif observation. it is M,
woomm, end"I dwat stop, silps he used for such pfactices, Studies hue shown that indiscriinrinate,
Pla",01ent of slop sigin lead to wmpl 6w-c lwoblooks. at tint,- signs as Drell as speeg problems dinleading
,
;*%way from the signs. Speed ctmtrxil is ivatly a �Compljanzrzoenforrcnicnt subiect thal, neos police
irl MjvCMenc Passive signing Without intelt-W, Onfortement IS fl11D5t0ftCn MR-CItCCOVC and OuUtow
productive- If ruessive speed oil the roadvvay Is believed to he a prohlem, it is rowntmended dw, t t1w,
polke�Nheriffi r)q)m1trwm be notified and that add itkatal eriforcemern W requested.
0
57
•
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE DEVELOPMENT AGREEMENT
ALBERTVILLE MEDICAL BUILDING
(Albertville Medical Building II, LLC)
THIS AGREEMENT, entered into this day of , 2006 by and between
Albertville Medical Building II, LLC, a Minnesota Limited Liability Company ("Developer"), and
the CITY OF ALBERTVILLE, a political subdivision of the State of Minnesota, hereinafter
referred to as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the attached
Exhibit A, which real property is a portion of the property proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is intended to bear the
name "Albertville Medical Building" and shall hereinafter be referred to in its entirety as "Said
Plat" or "Subject Property"; and
WHEREAS, Developer has received final plat approval for 1 numbered lot and one outlot
that it owns within Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and covenants of the
parties concerning Said Plat and the conditions imposed thereon; and
WHEREAS, approval of a Planned Unit Development is required to permit development of
Said Plat in the manner proposed by the Developer; and
40 WHEREAS, the City has given preliminary and final plat approval to Said Plat contingent
upon compliance with certain City requirements including, but not limited to, matters set forth
herein; and
59
WHEREAS, the City further requires that certain on- and off -site improvements be
installed by the Developer within Said Plat, which improvements consist of paved private streets,
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lots,
drainage swales, berming, street signs, street lights, street cleanup during project development,
erosion control, and other site -related items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
1. Planned Unit Development/Conditional Use Permit. Said Plat is hereby granted approval
with a Planned Unit Development/Conditional Use Permit with flexibility from the strict
requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph.
A. The underlying zoning for said plat is B-2, Limited Business District. Developer shall
comply with said zoning district provisions, as amended from time to time, except where
deviations from such provisions is expressly required or permitted by this Agreement.
B. Developer agrees that all buildings shall be constructed within the building envelopes
illustrated on the attached Exhibit B. The exact building placement/design shall be
subject to site plan approval by the City Council except where specifically set out in this
Agreement.
C. At the time of the recording of this Agreement at the Wright County Recorder's Office,
Developer shall record a cross -parking and access easement which will allow mutual
cross -parking and access between Lot 2, Block 1, Albertville Medical Building and all
other lots in the Albertville Medical Building plat. Such cross parking easements must
meet the approval of the City Attorney as to form and content.
D. In the event Lot 16, Block 1 of Prairie Run is rezoned to a commercial zoning,
Developer shall make available the permanent, non-exclusive access easement as shown
on the attached as Exhibit G, to the owner of Lot 16, Block 1 of the subdivision "Prairie
Run" (herein after "West Lot"), to allow access across Outlot A in Albertville Medical
Building and Lot 2, Block 1, Albertville Medical Building (collectively, the burdened
property) and the West Lot (the benefiting property) utilizing the private drive in Said
Plat to provide access to County Road 18 under the following terms:
1. The owner of the West Lot purchases Outlot A for the fair market value of said Outlot A as
determined by an appraiser agreed upon by the Developer and the owner of the West Lot. In the
event the Developer and owner of the West Lot are unable to agree, the Albertville City Council
shall appoint an appraiser who shall determine the fair market value. The cost of such appraisal
shall be paid by the owners of Lots 1 and 2, Albertville Medical Building and the owner of the
West Lot, with each such lot bearing one-third of the appraisal cost.
2. The owner of the West Lot agrees to construct those portions of the private driveway located
on Said Plat necessary to utilize the cross access easement. The private drive shall be constructed 40
• to the same weight and width specifications of the private drives as required by this
Development Agreement, unless other specifications are required by the City of Albertville at the
time of construction;
3. The owner of the West Lot agrees that the costs of maintenance and repair of those portions
of the shared private driveways which are located on the West Lot shall be borne by the owner of
the West Lot. The owner of the West Lot shall be responsible for 100% of the maintenance cost
of that portion of the shared private driveway located on Outlot A of Said Plat. Developer and
the owner of the West Lot may alter this cost sharing formula by mutual agreement.
4. The owner of the West Lot and the Developer agree that except for temporary and reasonable
activities required in connection with construction, maintenance, repair and replacement, no
obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or
vehicles over any portion of the private driveway shall be erected, condoned or permitted by the
owner of any property benefited or burdened with the private driveway, its tenants, invitees or
licensees, nor shall any other conduct, passive or affirmative, including but not limited to the
parking or storage of vehicles, be permitted which would in any manner restrict the rights of the
respective owners of any of the benefited or burdened property, their tenants, invitees and
licensees to fully utilize the shared private driveway for the purposes permitted herein.
However, in no event shall any owner allow any construction -related traffic that will cause
damage to the shared driveway to utilize the shared driveway, nor shall any owner allow traffic
to use said shared driveway which has a weight rating which exceeds the weight rating for which
. said shared driveway was designed and constructed.
Is
5. The owner of the West Lot agrees to join in the Reciprocal Easement and Operating
Agreement ("Maintenance Agreement") as approved by the City Attorney and that will be executed
by the owners of all lots on the Albertville Medical Building plat. Said Maintenance Agreement
shall provide for the maintenance of the easement area shown on Exhibit G and shall provide that
the cost of maintaining the easement area shown on Exhibit G shall be divided equally (one-third
each) between the owners of Lot 1, Block 1 and Lot 2 Block 1 of the Albertville Medical Building
plat and the owner of the West Lot.
6. Developer shall enter into an easement agreement with the owner of the West Property in
substantially the same form and substantially the same terms as shown on the attached Exhibit G,
provided the owner of the West Property agrees to enter into said easement agreement. If the
owner of the West Lot does not enter into said easement agreement, Developer shall not be
obligated to provide access to the West Lot as set out in this paragraph I.D.
E. Developer shall construct the number of parking stalls on Said Plat in the locations and
dimensions as shown on the attached Exhibit B
F. All minimum building setbacks shall be in accordance with City, County and State
ordinances and laws.
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G. Developer shall permit the construction of all private streets on Said Plat to a minimum •
width of 24 feet from back of curb to back of curb, in the locations as shown on the
attached Exhibit B. Said private street shall be constructed in such a manner that it may
be expanded in the future to provide cross access pursuant to the provisions of Paragraph
l (D) of this Agreement. Parking shall be prohibited at all times on all private streets,
and all private streets shall be posted with "no parking" signs installed by the Developer.
Parking on the private streets shall not be permitted unless specifically allowed by the
Albertville City Council. Developer shall install "No Parking" signs on the private
streets in locations required by the City Engineer.
H. Developer shall maintain all private streets on Said Plat in a commercially reasonable
manner such that the streets are paved and plowed at all times and such that cars and
emergency vehicles can safely pass on said roads at all times. At the time of recording
of this Agreement at the Wright County Recorder's Office, Developer shall record the
Maintenance Agreement which requires all lots on the Albertville Medical Building plat
to maintain said private streets in a commercially reasonable manner as required by this
Agreement. Such Maintenance Agreement must meet the approval of the City Attorney
as to form and content. Upon recording of such document, the owner of Lot 1, Block 1
of the Albertville Medical Building Plat shall be the responsible party to cause such
required maintenance to be performed and shall also oversee all billing and collection of
the pro-rata share of the cost of such maintenance from such other lots which have
agreed to pay for such maintenance.
I. In the event the private streets are not maintained in accordance with this Agreement
such that said private streets pose a safety hazard to the general public, the City shall
provide forty-eight hours notice of deficient maintenance to the owners of all of the lots
in Said Plat, after which time the City may, but shall not be required to, immediately
take whatever reasonable steps are necessary to correct said safety hazard. In such
event, the City may bill Developer for its portion of the cost of such correction, said cost
to be split among all of the lots in the Albertville Medical Building plat in the same
proportion as each lot's square footage is to the total square footage of all numbered lots
in the Albertville Medical Building plat. Developer shall pay such billed cost within 30
days of billing by the City.
J. The Maintenance Agreement shall also require that the owners of all lots in the
Albertville Medical Building plat maintain all ponds and common areas within the
Albertville Medical Building Plat in a commercially reasonable manner.
K. Monument signs will be allowed in the specified locations as shown on the attached
Exhibit E and in the configurations shown on the attached Exhibit H. The Maintenance
Agreement shall specify which portions of the monument signs may be used by the lots
within the Albertville Medical Building Plat. Developer shall provide the owner of Lot
1, Block 1, Albertville Medical Building Plat with easements necessary to maintain such
signs.
62
L. Developer has submitted a signage plan for Said Plat showing all existing and proposed
signs. All signs shall have white lettering with a dark background. All signs shall be in
substantially the same location, configuration, height and material as shown on attached
Exhibit E.
M. Building signs shall not exceed 15% of the building face. Building signs will be allowed
on the front and rear of the buildings, or one side in lieu of a rear building sign.
N. This Agreement does not constitute building or site plan approval for Lot 2, Block 1 in
Said Plat. Developer must obtain building and site plan approval for all buildings
constructed on Said Plat.
O. All grading, drainage, utility, wetland mitigation, and transportation issues that arise
during development of Said Plat shall be subject to review and approval by the City
Engineer.
P. Trees, shrubs, berms and screening are to be planted and installed on Said Plat as shown
on the landscape plan attached as Exhibit C. The Developer shall guarantee that all new
trees shall survive for two full years from the time the planting has been completed or
will be replaced at the expense of the Developer. Developer shall not plant any fruit
bearing trees within the landscaped islands. All landscaping on Said Plat as shown on
attached Exhibit C shall be installed no later than June 1, 2007.
Q. expense, Developer shall replace, at its own plantings on Said Plat as shown on
p P P any p g
attached Exhibit C that might be damaged during the construction of any future
buildings on Said Plat. Developer shall guarantee that all plantings replaced pursuant to
this paragraph shall survive for two full years from the date of planting.
R. Other Use Restrictions. On all lots within 30 feet of any wetland, the native
vegetation within said 30 feet of the wetland shall not be fertilized or mowed or
otherwise disturbed. On all lots within 30 feet of any wetland, no structure,
including, but not limited to, outbuildings or accessory buildings, fence, planting or
other material shall be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which may change the direction
of flow or drainage channels in the easements, or which may obstruct or retard the
flow of water through drainage channels in the easements. The easement area of each
Lot including all improvements in it, shall be maintained continuously by the Owner
of the Lot, except for those improvements for which a public authority or utility
company is responsible. No Owner or other person shall apply any phosphorus -based
fertilizers or herbicides within fifty (50) feet of any wetland or lake.
2. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site improvements including installation of
• curb and gutter, sidewalks, boulevards, street signs, traffic signs, yard top soil, sod
and seed in all yards, grading control per lot, bituminous or concrete driveways and
63
parking lots, drainage swales, berming, and like items as necessary, street cleanup is
during project development, and erosion control, all as required by City ordinance,
except that Developer shall not be responsible for installing any such improvements
on any lot other than Lot 2, Block 1 Albertville Medical Building. All private streets
shall be installed according to the plans and specifications for Albertville Medical
Building, as prepared by HDR Jordan Architects and Paramount Engineering and
Design dated , 2006 and on file with the City Clerk. All yard
areas shall be sodded with grass or landscaped in accordance with the attached
Landscaping Plan. In all cases permanent turf or grass must be established over all
areas of the lot not covered by a hard or impervious surface, ponding or wetlands.
Said on- and off -site improvements shall be installed no later than June 1, 2007, with
the exception of erosion control, drainage swales and berming, which shall be
installed upon initial grading of Said Plat, and except that the parking lot for Lot 2,
Block 1, which may be constructed when a building is constructed on such lot.
B. Developer shall, at its own expense, cause the following items to be installed within
Said Plat, all such items to be installed under ground, within the street right of way
or within the private street easements or such other location as may be approved by
the City Engineer, accessible to all lots and in compliance with all applicable state
and local regulations:
i. Electrical power supply, to be provided by Xcel Energy or other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; •
iii. Telephone service, to be provided by Sprint/United Telephone Company or
other such carrier.
In addition, the Developer shall, at its own expense, cause streetlights and street
signs to be of such type and to be installed at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic Control Devices.
C. Developer shall install silt fencing in back of all curbing within 30 days after said
curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and
cable television) have been installed, whichever occurs sooner. Developer shall
abide by the City Engineer's requirements for silt fencing of the lots and access to
the lots during building construction.
D. Developer has submitted a lighting plan for Said Plat showing all existing and
proposed lights. All light poles and exterior lights will be a 90-degree full cut-off.
Developer shall install said lights on Said Plat in substantially the same location,
configuration and material as shown on attached Exhibit D.
E. Notwithstanding the requirements of subparagraph 2A above, the Developer shall
install to the City's satisfaction improvements for each lot or parcel prior to the date •
that a certificate of occupancy (temporary or permanent) is issued by the City for a
building located on the lot, unless the certificate of occupancy is issued after October
1 st and before March 30th in any given year, in which case a temporary certificate of
occupancy shall be issued if all on- and off -site improvements except landscaping
and sod have been installed. In such cases, the Developer shall cause the required
landscaping and sod to be installed by the first June 30t' following the issuance of
the occupancy permit.
3. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other surety as
approved by the City Attorney) as security that the obligations of the Developer
under this Agreement shall be performed. Said letter of credit or surety shall be in
the amount of $49,500.00 representing the sum of $34,500.00 for on- and off -site
improvements and 150% of the estimated cost for landscaping/screening materials
($15,000.00). Said letter of credit or surety must meet the approval of the City
attorney as to form and issuing bank.
B. Upon default and notice to the Developer as required by paragraph 13 of this
Agreement, the City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to on- and off -site improvements
described above, erosion control, and other such measures), to pay liens on property
. to be dedicated to the City, to reimburse itself for costs incurred in the drafting,
execution, administration or enforcement of this Agreement, or to otherwise fulfill
the obligations of Developer under this Agreement.
C. In the event that any cash, irrevocable letter of credit, or other surety referred to
herein is ever utilized and found to be deficient in amount to pay or reimburse the
City in total as required herein, the Developer agrees that upon being billed by the
City, Developer will pay within thirty (30) days of the mailing of said billing, the
said deficient amount. If there should be an overage in the amount of utilized
security, the City will, upon making said determination, refund to the Developer any
monies which the City has in its possession which are in excess of the actual costs of
the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess Developer's property
for any and all costs incurred by the City in enforcing any of the terms of this
Agreement should Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City.
F. In the event a surety referred to herein is in the form of an irrevocable letter of credit,
which by its terms may become null and void prior to the time at which all monetary
or other obligations of the Developer are paid or satisfied, it is agreed that the
• Developer shall provide the City with a new letter of credit or other surety,
acceptable to the City, at least forty-five (45) days prior to the expiration of the
65
original letter of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of this
Agreement and thence draw in part or in total, at the City's discretion, upon the
expiring letter of credit to avoid the loss of surety for the continued obligation. The
form of any irrevocable letter of credit or other surety must be approved by the City
Attorney prior to its issuance.
4. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of portions
of the on- and off -site Improvements, and when it is reasonably prudent, the
Developer may request of the City that the surety be proportionately reduced for that
portion of the on- and off -site Improvements which have been fully completed and
payment made therefore. All such decisions shall be at the discretion of the City
Council. The City's cost for processing reduction request(s) shall be billed to the
Developer. Such cost shall be paid to the City within thirty (30) days of the date of
mailing of the billing.
B. The Developer may request of the City a release of any surety as follows:
i. When another acceptable letter of credit or surety is furnished to the City to
replace a prior letter of credit or surety.
ii. When the Developer has fulfilled all of its obligations under this Agreement. is
iii. As to all requests brought under this paragraph, the City Council shall have
complete discretion whether to reduce or not to reduce said letter of credit or
surety.
C. The costs incurred by the City in processing any reduction request shall be billed to the
Developer and paid to the City within thirty (30) days of billing.
5. Abandonment of Project - Costs and Expenses.
In the event Developer should abandon the proposed development of Said Plat, the City's costs
and expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses undertaken
in reliance upon Developer's various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field work for more than
nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from
Said Plat, or fails to leave the abandoned property in a condition which can be mowed using
conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in
taking whatever action is reasonably necessary to provide ground -cover and otherwise restore
Said Plat to the point where undeveloped grounds are level and covered with permanent •
vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing
• of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the
above -mentioned surety for the purpose of paying the costs referred to in this paragraph.
6. Developer to Pay City's Costs and Expenses.
It is understood and agreed that the Developer will reimburse the City for all reasonable
administrative, legal, planning, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the approval of Said
Plat, as well as all reasonable engineering expenses incurred by the City in designing,
approving, installing, and inspecting said Improvements described above. Developer agrees to
pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount
owed against any or all of Said Plat without objection.
7. Sanitary Sewer and Water Trunk Line Fees. Developer agrees that the City's Sanitary Sewer
Trunk Line Fee Ordinance and Water Trunk Line Fee Ordinance currently requires the Developer to
pay $1,600.00 per acre and $1,400.00 per acre respectively, upon development of said Plat. There
are 1.14 acres owned by Developer in said Plat, which received final plat approval. Therefore, the
Sanitary Sewer and Water Trunk Line Fees for all of Developer's property receiving final plat
approval is $3,420.00 ($1,824.00 in sewer fees calculated as $1,600.00 x 1.14 acres and $1,596.00
in water fees calculated as $1,400.00 x 1.14 acres).
0 8. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown on the approved
Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the
attached Exhibit F. Developer shall also install all erosion control measures deemed necessary
by the City Engineer should the erosion control plan prove inadequate in any respect.
9. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any county ditch or
other ditch through which water from Said Plat may drain, and shall make any necessary
improvements or go through any necessary procedures to ensure compliance with any federal,
state, county or city requirements, all at Developer's expense.
10. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may occur to
public property including but not limited to streets, street sub- base, base, bituminous surface,
curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the activity which takes place during the development of Said
Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems
and other public property damaged or cluttered with debris when occurring as a direct or
indirect result of the construction that takes place in Said Plat.
67
Developer agrees to clean the streets on a daily basis if required by the City. Developer •
further agrees that any damage to public property occurring as a result of construction
activity on Said Plat will be repaired immediately if deemed to be an emergency by the City.
Developer further agrees that any damage to public property as a result of construction
activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the
City.
If Developer fails to so clean the streets or repair or maintain said public property, the City may
immediately undertake making or causing it to be cleaned up, repaired or maintained. When the
City undertakes such activity, the Developer shall reimburse the City for all of its expenses
within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against the lots within Said
Plat and/or take necessary legal action to recover such costs and the Developer agrees that the
City shall be entitled to attorney's fees incurred by the City as a result of such legal action.
11. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City or its
representatives for purposes of inspection or to accomplish any necessary work pursuant to this
Agreement.
12. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement are items
for which Developer is responsible for completing and all work shall be done at
Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Contract is for any reason held invalid by a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in delays
in completion of public improvements and damage to public improvements caused
by the City (but excluding willful acts of City employees or agents unless such acts
are undertaken in response to an emergency situation), Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Contract
shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title to the •
property.
68
• F. The Developer represents to the City that Said Plat complies with all City, county,
state and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If the City
determines that Said Plat does not comply, the City may, at its option, refuse to
allow construction or development work in the plat until the Developer so complies.
Upon the City's demand, the Developer shall cease work until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any construction on
Said Plat, Developer shall provide the City with evidence of good and marketable
title to all of Said Plat. Evidence of good and marketable title shall consist of a Title
Insurance Policy or Commitment from a national title insurance company, or an
abstract of title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related restrictions, if
any, required by the Wright County Soil and Water Conservation District and/or the
City and any applicable provisions of State or Federal law or regulations.
I. The Albertville City Council reserves the right to allocate wastewater treatment
capacity in a manner it finds to be in the best interests of the public health, safety and
welfare. Developer acknowledges and agrees that the City is currently in the process
of expanding its wastewater treatment plant capacity. Developer further
acknowledges and agrees that delay in the availability of wastewater treatment plant
capacity may occur for some lots located within Said Plat depending upon when
building permits are applied for and that such delay in capacity availability may also
delay the issuance of building permits for some lots within Said Plat.
J. Developer shall obtain all required driveway, utility and other permits as required by
either the City Engineer, Wright County and/or the State of Minnesota.
13. Violation of Agreement.
A. In the case of default by the Developer, its successors or assigns, of any of the
covenants and agreements herein contained, the City shall give Developer thirty (30)
days mailed notice thereof (via certified mail), and if such default is not cured within
said thirty (30) day period, the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due and payable to the City in
full. The thirty (30) day notice period shall be deemed to run from the date of
deposit in the United States Mail. Upon failure to cure by Developer, the City may
thence immediately and without notice or consent complete some or all of the
• Developer's obligations under this Agreement, and bring legal action against the
Developer to collect any sums due to the City pursuant to this Agreement, plus all
Z
costs and attorney's fees incurred in enforcing this Agreement. The City may also
specially assess all said costs incurred upon default against the properties in Said
Plat pursuant to the terms of this Agreement.
B. Notwithstanding the 30-day notice period provided for in paragraph 13(A) above, in
the event that a default by Developer will reasonably result in irreparable harm to the
environment or to public property, or result in an imminent and serious public safety
hazard, the City may immediately exercise all remedies available to it under this
Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good -faith, reasonable efforts to
notify the Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said harm.
C. Paragraph 13A of this Agreement shall not apply to any acts or rights of the City
under paragraph 317, and no notice need be given to the Developer as a condition
precedent to the City drawing upon the expiring irrevocable letter of credit as therein
authorized. The City may elect to give notice to Developer of the City's intent to
draw upon the surety without waiving the City's right to draw upon the surety at a
future time without notice to the Developer.
D. Breach of any of the terms of this Contract by the Developer shall be grounds for
denial of building permits.
14. Dedications to the City.
A. Municipal Improvement Dedications.
C�
The Developer, upon completion of all construction work and certification of
completion by the City Engineer, shall provide to the City "As-Builts" of all
sewers, water mains, and roads. Acceptance by City of any dedication shall occur
upon passage of a resolution to such effect by the City Council.
B. Park Dedication.
The Developer is required to pay a cash contribution of $8,550.00 in satisfaction
of the City's park and trail dedication requirements. This charge is calculated as
follows: 1.14 gross acres x $7,500 per acre = $8,550.00. Developer shall pay
this amount prior to the release of the final plat by the City.
15. Phased Development.
Approval of this phase of Said Plat shall not be construed as approval of future phases nor
shall approval of this phase bind the City to approve future development phases. All future
development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance,
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SSubdivision ordinance, and other ordinances in effect at the time such future development
phases are approved by the City.
16. Indemnity.
Developer shall hold the City and its officers and employees harmless from claims made by
Developer and third parties for damages sustained or costs incurred resulting from the
approval and development of Said Plat. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses that the City may pay or incur in
consequence of such claims, including attorney's fees. Third parties shall have no recourse
against the City under this Agreement.
17. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the Developer.
However, the Developer shall not be released from its obligations under this Agreement
without the express written consent of the City Council through Council resolution.
18. Release of Prior Developer's Agreement. Upon the recording of this Agreement at the Wright
County Recorder's Office, that Developer's Agreement titled "City of Albertville, Planned
Unit Development Agreement, Prairie Run" and recorded as Document No. 940358 at the
Wright County Recorder's Office, Wright County, Minnesota, is hereby released as it
iapplies to the property described on Exhibit A to this Agreement.
19. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes approval of anything
other than that, which is explicitly specified in this Agreement.
20. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as a result of
City efforts to enforce the terms of this Agreement. Said fees include attorney's fees,
engineer's fees, planner's fees, and any other professional fees incurred by the City in
attempting to enforce the terms of this Agreement. The Developer will also pay all
reasonable attorney's and professional fees incurred by the City in the event an action is
brought upon a letter of credit or other surety furnished by the Developer as provided herein.
21. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this Agreement by
reference as they appear. Unless otherwise specified in this Agreement, Developer is bound
by said plans and responsible for implementation of said plans as herein incorporated.
0 22. Integration Clause, Modification by Written Agreement Only.
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This Agreement represents the full and complete understanding of the parties and neither
party is relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
23. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for
the City) or registered mail addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Albertville Medical Building II, LLC
c/o Robert Jossart
5455 Highway 169
Plymouth, MN 55442
•
•
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•
24. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs, successors
and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Donald Peterson
Its Mayor
By
Bridget Miller
Its Clerk
ALBERTVILLE MEDICAL BUILDING II, LLC
BY
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by Donald Peterson as Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
Notary Public
•
73
STATE OF MINNESOTA ) •
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 2006, by , as
Building II, LLC.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763)497-1930
day of
of Albertville Medical
•
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• EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lot 2, Block 1
Outlot A
All said property is located in the plat of Albertville Medical Building, City of Albertville,
County of Wright, Minnesota.
•
•
75
EXHIBIT B
Site Plan
EXHIBIT C
Landscape Plan
EXHIBIT D
Lighting Plan
EXHIBIT E
Signage Plan
EXHIBIT F
Grading Plan
EXHIBIT G
Access Easement for Lot 16, Block 1, Prairie Run
EXHIBIT H
Monument Sign Configurations
•
•
•
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•
EXHIBIT I
ACCESS EASEMENT
Albertville Medical Building, LLC, a limited liability company organized under the laws of
the State of Minnesota, and Albertville Medical Building Il, LLC, a limited liability company
organized under the laws of the State of Minnesota, (hereinafter collectively referred to as
"Developer") and , ("West Lot Owner"), hereby grant perpetual, reciprocal
easements of access according to the following terms:
Developer owns Lot 1 and 2, and Outlot A of the plat of Albertville Medical Building, Wright
County, Minnesota ("Medical Property").
2. West Lot Owner owns property described as Lot 16, Block 1 of the subdivision "Prairie Run"
Wright County, Minnesota ("West Property").
3. Developer shall permit ingress and egress to and from the West Lot to 51 st Street and Wright
County State Aid Highway No. 18 across the Medical Property at the location shown on the
attached Exhibit A ("Shared Private Driveway").
is4. The benefited and burdened properties under this Agreement are the West Lot Property and
the Medical Property respectively.
The owner of the West Lot agrees to construct at its own expense those portions of the
Shared Private Driveway to be located on the Medical Property in the location shown on the
attached Exhibit A, which is necessary to utilize the cross access easement. The private drive
shall be constructed to the same weight and width specifications as required by the
Development Agreement for the Medical Property, unless other specifications are required
by the City of Albertville at the time of construction.
6. The owner of the West Lot agrees that the costs of maintenance and repair of that portion of
the Shared Private Driveway, which is located on the West Lot, shall be borne by the owner
of the West Lot. The owner of the West Lot shall be responsible for the percentage of the
maintenance cost of that portion of the Shared Private Driveway located on the Medical
Property in proportion to the total acreage of the West Lot to the total acreage on the
Albertville Medical Building plat. For purposes of snow removal, costs attributable to the
Shared Private Drive on the Medical Property shall be apportioned proportionate to the
amount of square footage of Shared Private Drive on the Medical Property to the total square
footage of parking lot and total private drive on the Medical Property. Other maintenance
costs shall be apportioned based on actual maintenance costs incurred for work on the Shared
Private Drive located on the Medical Property.
0 7. Except for temporary and reasonable activities required in connection with construction,
maintenance, repair and replacement, no obstruction which would prevent, restrict or
otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared
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Private Driveway shall be erected, condoned or permitted by the owner of any property is
benefited by the Shared Private Driveway, its tenants, invitees or licensees, nor shall any
other conduct, passive or affirmative, including but not limited to the parking or storage of
vehicles, be permitted which would in any manner restrict the rights of the respective owners
of any of the benefited property, their tenants, invitees and licensees to fully utilize the
Shared Private Driveway for the purposes permitted herein. However, in no event shall any
owner allow any construction -related traffic that will cause damage to the Shared Private
Driveway to utilize the Shared Private Driveway, nor shall any owner allow traffic to use
said Shared Private Driveway which has a weight rating which exceeds the weight rating for
which said Shared Private Driveway was designed and constructed.
Dated:
[Signature Blocks]
[Notary Blocks]
["Drafted by" Statement}
E
•
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•
CITY OF ALBERTVILLE
PLANNED UNIT DEVELOPMENT/
CONDITIONAL USE DEVELOPMENT AGREEMENT
ALBERTVILLE MEDICAL BUILDING
(Albertville Medical Building, LLC)
THIS AGREEMENT, entered into this day of , 2006 by and between
Albertville Medical Building, LLC, a Minnesota Limited Liability Company ("Developer"), and the
CITY OF ALBERTVILLE, a political subdivision of the State of Minnesota, hereinafter referred to
as "City";
WITNESSETH:
WHEREAS, Developer is the fee owner of the real property described in the attached
Exhibit A, which real property is a portion of the property proposed to be subdivided and platted for
development, and which subdivision, which is the subject of this Agreement, is intended to bear the
name "Albertville Medical Building" and shall hereinafter be referred to in its entirety as "Said
Plat" or "Subject Property"; and
WHEREAS, Developer has received final plat approval for 1 numbered lot that it owns
within Said Plat; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the understandings and covenants of the
parties concerning Said Plat and the conditions imposed thereon; and
WHEREAS, approval of a Planned Unit Development is required to permit development of
Said Plat in the manner proposed by the Developer; and
WHEREAS, the City has given preliminary and final plat approval to Said Plat contingent
upon compliance with certain City requirements including, but not limited to, matters set forth
herein; and
WHEREAS, the City requires that certain public improvements including, but not limited
to sidewalk, curb and gutter, grading, sanitary sewer, municipal water, storm sewer (hereafter
S "Municipal Improvements") be installed to serve Said Plat and other properties affected by the
development of Developer's land, to be installed and financed by Developer; and
WHEREAS, the City further requires that certain on- and off -site improvements be •
installed by the Developer within Said Plat, which improvements consist of paved private streets,
boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lots,
drainage swales, berming, street signs, street lights, street cleanup during project development,
erosion control, and other site -related items; and
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
1. Planned Unit Development/Conditional Use Permit. Said Plat is hereby granted approval
with a Planned Unit Development/Conditional Use Permit with flexibility from the strict
requirements of the City's Zoning Ordinance in relation to selected items detailed in this paragraph.
A. The underlying zoning for said plat is B-2, Limited Business District. Developer shall
comply with said zoning district provisions, as amended from time to time, except where
deviations from such provisions is expressly required or permitted by this Agreement.
B. Developer agrees that all buildings shall be constructed within the building envelopes
illustrated on the attached Exhibit B. The exact building placement/design shall be
subject to site plan approval by the City Council except where specifically set out in this
Agreement.
C. The building on Lot 1 Block 1 shall be constructed consistent with the elevations .
attached as Exhibit H. Building and site plans for buildings to be constructed on other
lots in Said Plat shall first be submitted to the City for approval.
D. At the time of the recording of this Agreement at the Wright County Recorder's Office,
Developer shall record a cross -parking and access easement which will allow mutual
cross -parking and access between Lot 1, Block 1 in Said Plat and Lot 2, Block 1,
Albertville Medical Building. Such cross parking easements must meet the approval of
the City Attorney as to form and content.
E. The trash enclosure for the building located on Lot 1, Block 1 shall be directly adjacent
to the property line as shown on Exhibit B.
F. In the event Lot 16, Block 1 of Prairie Run is rezoned to a commercial zoning,
Developer shall make available the permanent, non-exclusive access easement as shown
on the attached as Exhibit I, to the owner of Lot 16, Block 1 of the subdivision "Prairie
Run" (herein after "West Lot"), to allow access across Outlot A in Said Plat and Lot 2,
Block 1, Albertville Medical Building (collectively, the burdened property) and the
West Lot (the benefiting property) utilizing the private drive in Said Plat to provide
access to County Road 18 under the following terms:
7. The owner of the West Lot purchases Outlot A for the fair market value of
said Outlot A as determined by an appraiser agreed upon by the Developer •
and the owner of the West Lot. In the event the Developer and owner of the
tWest Lot are unable to agree, the Albertville City Council shall appoint an
appraiser who shall determine the fair market value. The cost of such
appraisal shall be paid by the owners of Lots 1 and 2, Albertville Medical
Building and the owner of the West Lot, with each such lot bearing one-
third of the appraisal cost.
8. The owner of the West Lot agrees to construct those portions of the private
driveway located on Said Plat necessary to utilize the access easement. The
private drive shall be constructed to the same weight and width
specifications of the private drives as required by this Development
Agreement, unless other specifications are required by the City of
Albertville at the time of construction;
9. The owner of the West Lot agrees that the costs of maintenance and repair
of those portions of the shared private driveways which are located on the
West Lot shall be borne by the owner of the West Lot. The owner of the
West Lot shall be responsible for 100% of the maintenance cost of that
portion of the shared private driveway located on Outlot A of Said Plat.
Developer and the owner of the West Lot may alter this cost sharing formula
by mutual agreement.
10. The owner of the West Lot and the Developer agree that except for temporary
• and reasonable activities required in connection with construction,
maintenance, repair and replacement, no obstruction which would prevent,
restrict or otherwise inhibit the passage of pedestrians or vehicles over any
portion of the private driveway shall be erected, condoned or permitted by
the owner of any property benefited or burdened with the private driveway,
its tenants, invitees or licensees, nor shall any other conduct, passive or
affirmative, including but not limited to the parking or storage of vehicles,
be permitted which would in any manner restrict the rights of the respective
owners of any of the benefited or burdened property, their tenants, invitees
and licensees to fully utilize the shared private driveway for the purposes
permitted herein. However, in no event shall any owner allow any
construction -related traffic that will cause damage to the shared driveway to
utilize the shared driveway, nor shall any owner allow traffic to use said
shared driveway which has a weight rating which exceeds the weight rating
for which said shared driveway was designed and constructed.
11. The owner of the West Lot agrees to join in the Reciprocal Easement and
Operating Agreement ("Maintenance Agreement") as approved by the City
Attorney and that will be executed by the owners of all lots on the Albertville
Medical Building plat. Said Maintenance Agreement shall provide for the
maintenance of the easement area shown on Exhibit I and shall provide that
the cost of maintaining the easement area shown on Exhibit I shall be divided
• equally (one-third each) between the owners of Lot 1, Block 1 and Lot 2 Block
1 of the Albertville Medical Building plat and the owner of the West Lot.
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12. Developer shall enter into an easement agreement with the owner of the •
West Lot in substantially the same form and substantially the same terms as
shown on the attached Exhibit J, provided the owner of the West Lot agrees
to enter into said easement agreement. If the owner of the West Lot does not
enter into said easement agreement, Developer shall not be obligated to
provide access to the West Lot as set out in this paragraph I.F.
G. Developer shall construct the number of parking stalls on Said Plat in the locations and
dimensions as shown on the attached Exhibit B
H. All minimum building setbacks shall be in accordance with City, County and State
ordinances and laws.
I. Developer shall construct all private streets on Said Plat and that portion of the private
street located on Lot 2, Block 1, Albertville Medical Building, to a minimum width of
24 feet from back of curb to back of curb, in the locations as shown on the attached
Exhibit B. Said private street shall be constructed in such a manner that it may be
expanded in the future to provide access pursuant to the provisions of Paragraph 1(F) of
this Agreement. Parking shall be prohibited at all times on all private streets, and all
private streets shall be posted with "no parking" signs installed by the Developer.
Parking on the private streets shall not be permitted unless specifically allowed by the
Albertville City Council. Developer shall install "No Parking" signs on the private
streets in locations required by the City Engineer.
J. Developer shall maintain all private streets on Said Plat in a commercially reasonable
manner such that the streets are paved and plowed at all times and such that cars and
emergency vehicles can safely pass on said roads at all times. At the time of recording
of this Agreement at the Wright County Recorder's Office, Developer shall record the
Maintenance Agreement which requires all lots on the Albertville Medical Building plat
to maintain said private streets in a commercially reasonable manner as required by this
Agreement. Such Maintenance Agreement must meet the approval of the City Attorney
as to form and content. Upon recording of such document, the owner of Lot 1, Block 1
of Said Plat shall be the responsible party to cause such required maintenance to be
performed and shall also oversee all billing and collection of the pro-rata share of the
cost of such maintenance from such other lots which have agreed to pay for such
maintenance.
K. In the event the private streets are not maintained in accordance with this Agreement
such that said private streets pose a safety hazard to the general public, the City shall
provide forty-eight hours notice of deficient maintenance to the owners of all of the lots
in Said Plat, after which time the City may, but shall not be required to, immediately
take whatever reasonable steps are necessary to correct said safety hazard. In such
event, the City may bill Developer for its portion of the cost of such correction, said cost
to be split among all of the lots in the Albertville Medical Building plat in the same •
proportion as each lot's square footage is to the total square footage of all numbered lots
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in the Albertville Medical Building plat. Developer shall pay such billed cost within 30
days of billing by the City.
L. The Maintenance Agreement shall also require that the owners of all lots in the
Albertville Medical Building plat maintain all ponds, common areas and monument
signs within the Albertville Medical Building Plat in a commercially reasonable manner.
M. Monument signs will be allowed in the specified locations and in the configurations
shown on the attached Exhibits F and H. The Maintenance Agreement shall specify
which portions of the monument signs may be used by the lots within the Albertville
Medical Building Plat. Developer shall provide the owner of Lot 2, Block 1, Albertville
Medical Building Plat with easements necessary to maintain such signs.
N. Developer has submitted a signage plan for Said Plat showing all existing and proposed
signs. All signs shall have white lettering with a dark background. All signs shall be in
substantially the same location, configuration, height and material as shown on attached
Exhibit F.
O. Building signs shall not exceed 15% of the building face. Building signs will be allowed
on the front and rear of the buildings, or one side in lieu of a rear building sign.
P. All grading, drainage, utility, wetland mitigation, and transportation issues that arise
during development of Said Plat shall be subject to review and approval by the City
Engineer.
Q. Trees, shrubs, berms and screening are to be planted and installed as shown on the
landscape plan attached as Exhibit C. The Developer shall guarantee that all new trees
shall survive for two full years from the time the planting has been completed or will be
replaced at the expense of the Developer. Developer shall not plant any fruit bearing
trees within the landscaped islands. All landscaping on Said Plat as shown on attached
Exhibit C shall be installed no later than June 1, 2007.
R. Developer shall replace, at its own expense, any plantings on Said Plat as shown on
attached Exhibit C that might be damaged during the construction of any future
buildings on Said Plat. Developer shall guarantee that all plantings replaced pursuant to
this paragraph shall survive for two full years from the date of planting.
S. Other Use Restrictions. On all lots within 30 feet of any wetland, the native
vegetation within said 30 feet of the wetland shall not be fertilized or mowed or
otherwise disturbed. On all lots within 30 feet of any wetland, no structure,
including, but not limited to, outbuildings or accessory buildings, fence, planting or
other material shall be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities, or which may change the direction
of flow or drainage channels in the easements, or which may obstruct or retard the
• flow of water through drainage channels in the easements. The easement area of each
Lot including all improvements in it, shall be maintained continuously by the Owner
83
of the Lot, except for those improvements for which a public authority or utility
company is responsible. No Owner or other person shall apply any phosphorus -based
fertilizers or herbicides within fifty (50) feet of any wetland or lake.
2. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on and off
Said Plat as detailed in the Plans and Specifications for Albertville Medical
Building, as prepared by Paramount Engineering and Design dated
, 2006 and on file with the City Clerk, said improvements to
include installation of water mains, sanitary and storm sewers, curb, gutter, and
sidewalk. All such improvements shall be constructed according to the standards
adopted by the City, along with all items required by the City Engineer. Unless the
City Engineer specifies a later date, said improvements shall be installed by June 1,
2007.
B. The Developer warrants to the City for a period of two years from the date the
City accepts the finished Municipal Improvements that all such improvements
have been constructed to City standards and shall suffer no significant
impairments, either to the structure or to the surface or other usable areas due to
improper construction, said warranty to apply both to poor materials and faulty
workmanship.
C. Prior to acceptance of the Municipal Improvements by the City, Developer shall •
provide the City with lien waivers from all contractors and subcontractors
engaged to construct said Municipal Improvements on Said Plat. Should
Developer fail to provide the City with all applicable lien waivers and an action is
brought in District Court to enforce a lien on the property, the City reserves the
right to draw upon Developer's surety after notice pursuant to paragraph 14A of
this Agreement, and pay the disputed amount into the Court.
D. The City shall, at its option, have the consulting City Engineer present on Said
Plat for inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all consulting engineering costs
incurred by the City during said inspections. Provided, however, that Developer
shall not be obligated to reimburse the City for salaries of City Employees and
other fixed costs not incurred solely in connection with said inspection.
•
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• 3. Construction of On- and Off -Site Improvements.
A. Developer shall construct all on- and off -site improvements including installation of
paved streets, curb and gutter, sidewalks, boulevards, street signs, traffic signs, yard
top soil, sod and seed in all yards, grading control per lot, bituminous or concrete
driveways and parking lots, drainage swales, berming, and like items as necessary,
street cleanup during project development, and erosion control, all as required by
City ordinance, except that Developer shall not be responsible for installing any such
improvements on Lot 2, Block 1 Albertville Medical Building except for the private
drive connecting Said Plat to CSAH 18. All private streets shall be installed
according to the plans and specifications for Albertville Medical Building, as
prepared by HDR Jordan Architects and Paramount Engineering and Design dated
, 2006 and on file with the City Clerk. All yard areas shall be
sodded with grass or landscaped in accordance with the attached Landscaping Plan.
In all cases permanent turf or grass must be established over all areas of the lot not
covered by a hard or impervious surface, ponding or wetlands. Said on- and off -site
improvements shall be installed no later than June 1, 2007, with the exception of
erosion control, drainage swales and berming, which shall be installed upon initial
grading of Said Plat.
B. Developer shall, at its own expense, cause the following items to be installed within
Said Plat, all such items to be installed under ground, within the street right of way
• or within the private street easements or such other location as may be approved by
the City Engineer, accessible to all lots and in compliance with all applicable state
and local regulations:
Electrical power supply, to be provided by Xcel Energy or other such carrier;
ii. Natural gas supply, to be provided by Reliant Energy or other such carrier;
iii. Telephone service, to be provided by Sprint/United Telephone Company or
other such carrier.
In addition, the Developer shall, at its own expense, cause streetlights and street
signs to be of such type and to be installed at such locations as required by the City
Engineer and in conformance with the Manual on Uniform Traffic Control Devices.
C. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached hereto and incorporated herein as
Exhibit D. Developer agrees to have all utilities installed according to this Exhibit
D.
D. Developer shall install silt fencing in back of all curbing within 30 days after said
curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and
cable television) have been installed, whichever occurs sooner. Developer shall
abide by the City Engineer's requirements for silt fencing of the lots and access to
85
the lots during building construction. is
E. Developer has submitted a lighting plan for Said Plat showing all existing and
proposed lights. All light poles and exterior lights will be a 90-degree full cut-off.
Developer shall install said lights in substantially the same location, configuration
and material as shown on attached Exhibit E, except that Developer shall not be
responsible for the installation of lights on Lot 2, Block 1, Albertville Medical
Building.
F. Developer has submitted a grading plan for Said Plat attached as Exhibit G.
Developer shall implement the grading plan, including the grading on Lot 2, Block
1, Albertville Medical Building, in a manner that will minimize soil erosion.
G. Notwithstanding the requirements of subparagraph 3A above, the Developer shall
install to the City's satisfaction improvements for each lot or parcel prior to the date
that a certificate of occupancy (temporary or permanent) is issued by the City for a
building located on the lot, unless the certificate of occupancy is issued after October
1 st and before March 30th in any given year, in which case a temporary certificate of
occupancy shall be issued if all on- and off -site improvements except landscaping
and sod have been installed. In such cases, the Developer shall cause the required
landscaping and sod to be installed by the first June 30t' following the issuance of
the occupancy permit.
4. Surety Requirements.
0
A. Developer will provide the City with an irrevocable letter of credit (or other surety as
approved by the City Attorney) as security that the obligations of the Developer
under this Agreement shall be performed. Said letter of credit or surety shall be in
the amount of $270,500.00 representing the sum of 100% of the estimated cost of
the Municipal Improvements ($145,000.00), 100% of the estimated cost of the
private streets ($88,000.00), and 150% of the estimated cost for
landscaping/screening materials ($37,500.00). Said letter of credit or surety must
meet the approval of the City attorney as to form and issuing bank.
B. Upon default and notice to the Developer as required by paragraph 14 of this
Agreement, the City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to on- and off -site improvements,
Municipal Improvements described above, erosion control, and other such
measures), to pay liens on property to be dedicated to the City, to reimburse itself for
costs incurred in the drafting, execution, administration or enforcement of this
Agreement, to repair or correct deficiencies or other problems which occur to the
Municipal Improvements during the warranty period, or to otherwise fulfill the
obligations of Developer under this Agreement.
•
86
• C. In the event that any cash, irrevocable letter of credit, or other surety referred to
herein is ever utilized and found to be deficient in amount to pay or reimburse the
City in total as required herein, the Developer agrees that upon being billed by the
City, Developer will pay within thirty (30) days of the mailing of said billing, the
said deficient amount. If there should be an overage in the amount of utilized
security, the City will, upon making said determination, refund to the Developer any
monies which the City has in its possession which are in excess of the actual costs of
the project as paid by the City.
D. Developer hereby agrees to allow the City to specially assess Developer's property
for any and all costs incurred by the City in enforcing any of the terms of this
Agreement should Developer's letter of credit or surety prove insufficient or should
Developer fail to maintain said letter of credit or surety in the amount required above
within 30 days of mailing of written request by the City.
F. In the event a surety referred to herein is in the form of an irrevocable letter of credit,
which by its terms may become null and void prior to the time at which all monetary
or other obligations of the Developer are paid or satisfied, it is agreed that the
Developer shall provide the City with a new letter of credit or other surety,
acceptable to the City, at least forty-five (45) days prior to the expiration of the
original letter of credit. If a new letter of credit is not received as required above, the
City may without notice to Developer declare a default in the terms of this
. Agreement and thence draw in part or in total, at the City's discretion, upon the
expiring letter of credit to avoid the loss of surety for the continued obligation. The
form of any irrevocable letter of credit or other surety must be approved by the City
Attorney prior to its issuance.
•
5. Surety Release.
A. Periodically, as payments are made by the Developer for the completion of portions
of the Municipal Improvements and/or on- and off -site Improvements, and when it is
reasonably prudent, the Developer may request of the City that the surety be
proportionately reduced for that portion of the Municipal Improvements and on- and
off -site improvements which have been fully completed and payment made
therefore. All such decisions shall be at the discretion of the City Council. The
City's cost for processing reduction request(s) shall be billed to the Developer. Such
cost shall be paid to the City within thirty (30) days of the date of mailing of the
billing.
B. The Developer may request of the City a reduction or release of any surety as
follows:
i. When another acceptable letter of credit or surety is furnished to the City to
replace a prior letter of credit or surety.
87
ii. When all or a portion of the Municipal Improvements or the on- and off -site
improvements have been installed, the letter of credit or surety may be
reduced by the dollar amount attributable to that portion of improvements so
installed, except that the City shall retain the letter of credit or surety in the
amount of 10% of the estimated construction price of the Municipal
Improvements during the first year of the warranty period and 5% of the
estimated construction price of the Municipal Improvements during the
second year of the warranty period. Developer may substitute a warranty
bond acceptable to the City Attorney for the warranty letter of credit in the
same amounts and duration as required for the warranty letter of credit.
iii. As to all requests brought under this paragraph, the City Council shall have
complete discretion whether to reduce or not to reduce said letter of credit or
surety.
C. The costs incurred by the City in processing any reduction request shall be billed to
the Developer and paid to the City within thirty (30) days of billing.
D. That portion of said cash, irrevocable letter of credit or other surety with respect to
the performance of Site Improvements shall be released upon certification of the
City Engineer and approval of the City Council that all such items are satisfactorily
completed pursuant to this Agreement, except that the portion of the letter of credit
or other surety attributable to the wetland mitigation, if any, may remain in force for •
a period of five years or until the City Council has determined that the mitigated
wetlands will remain viable and no further monitoring is necessary.
6. Abandonment of Proiect - Costs and Expenses.
In the event Developer should abandon the proposed development of Said Plat, the City's costs
and expenses related to attorney's fees, professional review, drafting of this Agreement,
preparation of the feasibility report, plans and specifications, and any other expenses undertaken
in reliance upon Developer's various assertions shall be paid by said Developer within thirty
(30) days after receipt of a bill for such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases substantial field work for more than
nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from
Said Plat, or fails to leave the abandoned property in a condition which can be mowed using
conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in
taking whatever action is reasonably necessary to provide ground -cover and otherwise restore
Said Plat to the point where undeveloped grounds are level and covered with permanent
vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing
of Said Plat. In the event that said costs are not paid, the City may withdraw funds from the
above -mentioned surety for the purpose of paying the costs referred to in this paragraph.
is
88
e 7. Developer to Pa Ci 's Costs and Expenses.
n y n
It is understood and agreed that the Developer will reimburse the City for all reasonable
administrative, legal, planning, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the approval of Said
Plat, as well as all reasonable engineering expenses incurred by the City in designing,
approving, installing, and inspecting said Improvements described above. Developer agrees to
pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts,
Developer agrees to allow the City to reimburse itself from said surety and/or assess the amount
owed against any or all of Said Plat without objection.
8. Sanitary Sewer and Water Trunk Line Fees.
Developer agrees that the City's Sanitary Sewer Trunk Line Fee Ordinance and Water Trunk
Line Fee Ordinance currently requires the Developer to pay $1,600.00 per acre and $1,400.00
per acre respectively, upon development of said Plat. There are 3.67 acres owned by Developer
in said Plat, which received final plat approval. Therefore, the Sanitary Sewer and Water Trunk
Line Fees for all of Developer's property receiving final plat approval is $11,010.00 ($5,872.00
in sewer fees calculated as $1,600.00 x 3.67 acres and $5,138.00 in water fees calculated as
$1,400.00 x 3.67 acres).
0 9. Erosion and Siltation Control.
Before any grading is started on any site, all erosion control measures as shown on the approved
Grading, Drainage and Erosion Control Plan shall be strictly complied with as set forth in the
attached Exhibit G. Developer shall also install all erosion control measures deemed necessary
by the City Engineer should the erosion control plan prove inadequate in any respect.
10. Ditch Cleaning.
Developer shall comply with all requirements set forth for drainage into any county ditch or
other ditch through which water from Said Plat may drain, and shall make any necessary
improvements or go through any necessary procedures to ensure compliance with any federal,
state, county or city requirements, all at Developer's expense.
11. Maintain Public Property Damaged or Cluttered During Construction.
Developer agrees to assume full financial responsibility for any damage which may occur to
public property including but not limited to streets, street sub- base, base, bituminous surface,
curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when
said damage occurs as a result of the activity which takes place during the development of Said
Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems
and other public property damaged or cluttered with debris when occurring as a direct or
• indirect result of the construction that takes place in Said Plat.
89
Developer agrees to clean the streets on a daily basis if required by the City. Developer .
further agrees that any damage to public property occurring as a result of construction
activity on Said Plat will be repaired immediately if deemed to be an emergency by the City.
Developer further agrees that any damage to public property as a result of construction
activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the
city.
If Developer fails to so clean the streets or repair or maintain said public property, the City may
immediately undertake making or causing it to be cleaned up, repaired or maintained. When the
City undertakes such activity, the Developer shall reimburse the City for all of its expenses
within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill
within thirty (30) days, then the City may specially assess such costs against the lots within Said
Plat and/or take necessary legal action to recover such costs and the Developer agrees that the
City shall be entitled to attorney's fees incurred by the City as a result of such legal action.
12. Temporary Easement Rights.
Developer shall provide access to Said Plat at all reasonable times to the City or its
representatives for purposes of inspection or to accomplish any necessary work pursuant to this
Agreement.
13. Miscellaneous.
A. Developer agrees that all construction items required under this Agreement are items
for which Developer is responsible for completing and all work shall be done at
Developer's expense.
B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Contract is for any reason held invalid by a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portion of this Contract.
C. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in delays
in completion of public improvements and damage to public improvements caused
by the City (but excluding willful acts of City employees or agents unless such acts
are undertaken in response to an emergency situation), Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties.
D. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Contract
shall not be a waiver or release.
E. This Contract shall run with the land and shall be recorded against the title to the isproperty.
• F. The Developer represents to the City that Said Plat complies with all City, count
p p tY p t1'� y,
state and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations. If the City
determines that Said Plat does not comply, the City may, at its option, refuse to
allow construction or development work in the plat until the Developer so complies.
Upon the City's demand, the Developer shall cease work until there is compliance.
G. Prior to the execution of this Agreement and prior to the start of any construction on
Said Plat, Developer shall provide the City with evidence of good and marketable
title to all of Said Plat. Evidence of good and marketable title shall consist of a Title
Insurance Policy or Commitment from a national title insurance company, or an
abstract of title updated by an abstract company registered under the laws of the
State of Minnesota.
H. Developer shall comply with all water, ponding and wetland related restrictions, if
any, required by the Wright County Soil and Water Conservation District and/or the
City and any applicable provisions of State or Federal law or regulations.
I. The Albertville City Council reserves the right to allocate wastewater treatment
capacity in a manner it finds to be in the best interests of the public health, safety and
welfare. Developer acknowledges and agrees that the City is currently in the process
toof expanding its wastewater treatment plant capacity. Developer further
acknowledges and agrees that delay in the availability of wastewater treatment plant
capacity may occur for some lots located within Said Plat depending upon when
building permits are applied for and that such delay in capacity availability may also
delay the issuance of building permits for some lots within Said Plat.
K. Developer shall obtain all required driveway, utility and other permits as required by
either the City Engineer, Wright County and/or the State of Minnesota.
14. Violation of Agreement.
E. In the case of default by the Developer, its successors or assigns, of any of the
covenants and agreements herein contained, the City shall give Developer thirty (30)
days mailed notice thereof (via certified mail), and if such default is not cured within
said thirty (30) day period, the City is hereby granted the right and the privilege to
declare any deficiencies governed by this Agreement due and payable to the City in
full. The thirty (30) day notice period shall be deemed to run from the date of
deposit in the United States Mail. Upon failure to cure by Developer, the City may
thence immediately and without notice or consent complete some or all of the
Developer's obligations under this Agreement, and bring legal action against the
Developer to collect any sums due to the City pursuant to this Agreement, plus all
costs and attorney's fees incurred in enforcing this Agreement. The City may also
specially assess all said costs incurred upon default against the properties in Said
Plat pursuant to the terms of this Agreement.
M
F. Notwithstanding the 30-day notice period provided for in paragraph 14(A) above, in •
the event that a default by Developer will reasonably result in irreparable harm to the
environment or to public property, or result in an imminent and serious public safety
hazard, the City may immediately exercise all remedies available to it under this
Agreement in an effort to prevent, reduce or otherwise mitigate such irreparable
harm or safety hazard, provided that the City makes good -faith, reasonable efforts to
notify the Developer as soon as is practicable of the default, the projected irreparable
harm or safety hazard, and the intended actions of the City to remedy said harm.
G. Paragraph 14A of this Agreement shall not apply to any acts or rights of the City
under paragraph 4F, and no notice need be given to the Developer as a condition
precedent to the City drawing upon the expiring irrevocable letter of credit as therein
authorized. The City may elect to give notice to Developer of the City's intent to
draw upon the surety without waiving the City's right to draw upon the surety at a
future time without notice to the Developer.
H. Breach of any of the terms of this Contract by the Developer shall be grounds for
denial of building permits.
15. Dedications to the City.
A. Municipal Improvement Dedications.
The Developer, upon completion of all construction work and certification of
completion by the City Engineer, shall provide to the City "As-Builts" of all
sewers, water mains, and roads. Acceptance by City of any dedication shall occur
upon passage of a resolution to such effect by the City Council.
B. Park Dedication.
The Developer is required to pay a cash contribution of $27,525.00 in satisfaction
of the City's park and trail dedication requirements. This charge is calculated as
follows: 3.67 gross acres x $7,500 per acre = $27,525.00. Developer shall pay
this amount prior to the release of the final plat by the City.
16. Administrative Fees.
A fee for City administration of this project shall be paid prior to the City executing the
Plat and this Agreement. Said fee shall be 3.25% of the estimated construction costs of
the Municipal Improvements within the Plat. The administrative fee for this Plat is
$ .00. Seventy-five percent of this fee shall be paid upon issuance of the final
Plat with the remaining twenty-five percent of the fee to be paid upon substantial
completion of the Municipal Improvements. This administrative fee shall be the only
compensation paid to the City for the time City employees (exclusive of non -City is
consultants; and the City building inspector, whose fees are governed by the
92
City Building Code) put forth in administering the development of Said Plat. The City
reserves the right to claim additional compensation for employee time incurred by City
employees arising out of a default under this Agreement by the Developer.
17. Phased Development.
Approval of this phase of Said Plat shall not be construed as approval of future phases nor
shall approval of this phase bind the City to approve future development phases. All future
development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance,
Subdivision ordinance, and other ordinances in effect at the time such future development
phases are approved by the City.
18. Indemnity.
Developer shall hold the City and its officers and employees harmless from claims made by
Developer and third parties for damages sustained or costs incurred resulting from the
approval and development of Said Plat. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses that the City may pay or incur in
consequence of such claims, including attorney's fees. Third parties shall have no recourse
against the City under this Agreement.
19. Assignment of Contract.
The obligations of the Developer under this Contract can be assigned by the Developer.
However, the Developer shall not be released from its obligations under this Agreement
without the express written consent of the City Council through Council resolution.
20. Release of Prior Developer's Agreement.
Upon the recording of this Agreement at the Wright County Recorder's Office, that
Developer's Agreement titled "City of Albertville, Planned Unit Development Agreement,
Prairie Run" and recorded as Document No. 940358 at the Wright County Recorder's
Office, Wright County, Minnesota, is hereby released as it applies to the property described
on Exhibit A to this Agreement.
21. Limited Approval.
Approval of this Agreement by the City Council in no way constitutes approval of anything
other than that, which is explicitly specified in this Agreement.
22. Professional Fees.
The Developer will pay all reasonable professional fees incurred by the City as a result of
City efforts to enforce the terms of this Agreement. Said fees include attorney's fees,
. engineer's fees, planner's fees, and any other professional fees incurred by the City in
attempting to enforce the terms of this Agreement. The Developer will also pay all
93
reasonable attorney's and professional fees incurred by the City in the event an action is
brought upon a letter of credit or other surety furnished by the Developer as provided herein. 40
23. Plans Attached as Exhibits.
All plans attached to this Agreement as Exhibits are incorporated into this Agreement by
reference as they appear. Unless otherwise specified in this Agreement, Developer is bound
by said plans and responsible for implementation of said plans as herein incorporated.
24. Integration Clause, Modification by Written Agreement Only.
This Agreement represents the full and complete understanding of the parties and neither
party is relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
25. Notification Information.
Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for
the City) or registered mail addressed as follows to the following parties:
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Albertville Medical Building, LLC
c/o Robert Jossart
5455 Highway 169
Plymouth, MN 55442
26. Agreement Effect.
This Agreement shall be binding upon and extend to the representatives, heirs, successors
and assigns of the parties hereto.
CITY OF ALBERTVILLE,
By
Donald Peterson
Its Mayor •
94
•
0
By
Bridget Miller
Its Clerk
ALBERTVILLE MEDICAL BUILDING, LLC
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by Donald Peterson as Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2006, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
Notary Public
95
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2006, by , as of Albertville Medical
Building, LLC.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
•
0
• EXHIBIT A TO DEVELOPER'S AGREEMENT
The legal description of the Plat to which this Developer's Agreement applies is as follows:
Lot 1, Block 1
All said property is located in the plat of Albertville Medical Building, City of Albertville,
County of Wright, Minnesota.
•
97
EXHIBIT B
Site Plan
EXHIBIT C
Landscape Plan
EXHIBIT D
Sanitary Sewer, Water Main, Storm Sewer and Street Plan
EXHIBIT E
Lighting Plan
EXHIBIT F
Signage Plan
EXHIBIT G
Grading Plan
Elevations for building on Lot 1, Block 1 & Monument Sign Layout
EXHIBIT I
Easement area drawing
0
98
•
EXHIBIT J
ACCESS EASEMENT
Albertville Medical Building, LLC, a limited liability company organized under the laws of
the State of Minnesota, and Albertville Medical Building Il, LLC, a limited liability company
organized under the laws of the State of Minnesota, (hereinafter collectively referred to as
"Developer") and , ("West Lot Owner"), hereby grant perpetual,
reciprocal easements of access according to the following terms:
1. Developer owns Lot 1 and 2, and Outlot A of the plat of Albertville Medical Building, Wright
County, Minnesota ("Medical Property").
2. West Lot Owner owns property described as Lot 16, Block 1 of the subdivision "Prairie Run"
Wright County, Minnesota ("West Property").
3. Developer shall permit ingress and egress to and from the West Lot to 5Is' Street and Wright
County State Aid Highway No. 18 across the Medical Property at the location shown on the
attached Exhibit A ("Shared Private Driveway").
4. The benefited and burdened properties under this Agreement are the West Lot Property and
0 the Medical Property respectively.
The owner of the West Lot agrees to construct at its own expense those portions of the
Shared Private Driveway to be located on the Medical Property in the location shown on the
attached Exhibit A, which is necessary to utilize the cross access easement. The private drive
shall be constructed to the same weight and width specifications as required by the
Development Agreement for the Medical Property, unless other specifications are required
by the City of Albertville at the time of construction.
6. The owner of the West Lot agrees that the costs of maintenance and repair of that portion of
the Shared Private Driveway, which is located on the West Lot, shall be borne by the owner
of the West Lot. The owner of the West Lot shall be responsible for the percentage of the
maintenance cost of that portion of the Shared Private Driveway located on the Medical
Property in proportion to the total acreage of the West Lot to the total acreage on the
Albertville Medical Building plat. For purposes of snow removal, costs attributable to the
Shared Private Drive on the Medical Property shall be apportioned proportionate to the
amount of square footage of Shared Private Drive on the Medical Property to the total square
footage of parking lot and total private drive on the Medical Property. Other maintenance
costs shall be apportioned based on actual maintenance costs incurred for work on the Shared
Private Drive located on the Medical Property.
• 7. Except for temporary and reasonable activities required in connection with construction,
maintenance, repair and replacement, no obstruction which would prevent, restrict or
otherwise inhibit the passage of pedestrians or vehicles over any portion of the Shared
Private Driveway shall be erected, condoned or permitted by the owner of any property •
benefited by the Shared Private Driveway, its tenants, invitees or licensees, nor shall any
other conduct, passive or affirmative, including but not limited to the parking or storage of
vehicles, be permitted which would in any manner restrict the rights of the respective owners
of any of the benefited property, their tenants, invitees and licensees to fully utilize the
Shared Private Driveway for the purposes permitted herein. However, in no event shall any
owner allow any construction -related traffic that will cause damage to the Shared Private
Driveway to utilize the Shared Private Driveway, nor shall any owner allow traffic to use
said Shared Private Driveway which has a weight rating which exceeds the weight rating for
which said Shared Private Driveway was designed and constructed.
Dated:
[Signature Blocks]
[Notary Blocks]
["Drafted by" Statement}
100
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TO: City Council
FROM: Larry Kruse
DATE: September 1, 2006
RE: Audio Visual (AV) Equipment for City Hall
REQUEST FOR COUNCIL ACTION
BACKGROUND
The City contracted with Elert and Associates to develop specifications for AV
equipment in the City Hall. On August 30, the City opened bids with the following
results:
Albertville AV Bid Tabulation
vairiance
From Total
Apparent
Name
Bid Bond
Base Bid
Alternate 1
Alternate 2
Alternate 3
Total
Low
Yes
Dascom
$108,813.00
$45,197.00
$3,059.00
$2,875.00
$159.944.00
"M Space
Yes
$121 ,595.00
$45,055.84
$2,623.95
$2,438.32
$171,713.11
$11 ,769.11
,Tierney Brothers
Yes
$135,027.99 1
$46,341.96
$3,532.72
1 $2,679,70
$187,782.37
$27,838.37
AVI
Yes
$169,856.50
$44.341.44
1 $3,670.98
1 $3,306.84
1 $211 ,175.76
1 $51 ,231.7E
Attached is a detail listing of the Audio Visual items being bid. Alternate No. 1 provides
all the equipment to broadcast over our cable franchise public channel. Alternate No. 2
provides the monitor and related equipment for a conference room. We have two
conference rooms, so you may take this times two. Alternate No. 3 provides for a flat
screen TV in the assembly area outside of the Council Chambers.
As of Friday, I have not received a recommendation from our consultant. I will work with
him prior to Tuesday's meeting so we can try and make a decision Tuesday night. My
initial suggestion is to accept the base bid and equip one conference room (Alternate No.
2) for a total price of $111,872.
0 I will present additional information at Tuesday's City Council meeting.
M:\Public Data\Requests for Council Actions (RCA)\2006\Audio Visual RCA for City Hall.doc
•
•
•
City of Albertville Council Chambers A V RFB
APPENDIX A — BAsE BID EQUIPMENT SCHEDULE
Desig
Description
Manufacturer
Model
Qty Unit Price Ext. Price
ACR1
Audio Combiner
RDL
STD-IOK
2
ACR2
Audio Combiner
RDL
STD-600
1
ALS 1
Assistive Listening
Williams Sound
PPA T35
1
ALS2
Assistive List. Rcvr
Williams Sound
PPA R35-8N
5
ALS3
Rack Mount
Williams Sound
RPK 005
1
ALS4
Headphone
Williams Sound
HED 026
5
ALSS
Neck Loop
Williams Sound
NKL 001
1
ALS8
Wall Mount Antenna
Williams Sound
ANT 024
1
ALS9
ADA Wall Plaque
Williams
IDP 008
1
AMPI
Power Amplifier
QSC
CX108V
1
CAM1
CCTV Camera
Panasonic
WV-CP244
1
CAM1
Lens
Panasonic
WV-LZA61/2S
1
CAMI
Wall Bracket
Panasonic
PUM8
I
CAM]
Power Supply for CCTV
As Required
As Required
1
CBL 1
Microphone Cable
Shure
C25E
1
CCD1
Closed Caption Decoder
Link
PCD-85R
2
CRT
AV Cart
Video Furniture
AV16RU-GM
1
DCMI
Ceiling Doc Cam
WolfVision
VZ-C12
1
See
DPC1
Presentation PC
Dell
Specification
1
DPC2
Wireless K/M
Interlink Electronics
VP6210
1
DVII
DVI Interface
Extron
60-808-01
1
DVVI
DVD/VCRCombo
Panasonic
AG-VP320
3
ICA 1
IR Probe
Crestron
IRP2
6
ICA2
Video Sync Sensor
Crestron
ST-VS
1
ICA3
Rack Mount
Crestron
ST-RK
1
ICB I
Wired Button Panel
Crestron
C2N-DB8W
1
ICC1
1/0 Card
Crestron
CNXIO-16
I
ICGI
802.1 Ig Access Point
As Required
As Required
l
ICPI
Wired Touchpanel
Crestron
CT-1550
1
ICS1
Tabletop Interface
Crestron
C2N-FT-TPS4
1
ICS2
Integrated Controller-
Crestron
PRO2
I
ICS3
Ethernet Card
Crestron
C2ENET-1
1
ICW1
Wireless 10.4" touchpanel
Crestron
TPMC-10
I
ICW1
Docking Station
Crestron
TPMC-10-DS
1
INT1
Cable Interface
Extron
60-716-OA
1
LMP1
Spare Lamp
Sanyo
610 328 7362
1
LMP2
Spare Lamp
Sanyo
610 305 5602
1
LNS1
Projection Lens
Sanyo
LNS-T31A
I
LTCI
Laptop Cable
Extron
26-566-02
I
LTC2
Laptop Cable
Extron
26-490-03
3
MBSI
Microphone Base
Audio Technica
AT861R.S
3
MIC]
Microphone Elements
AKG
CK47
7
MIC1
Gooseneck Section
AKG
GN30E
7
f<
Elert & Associates
Appendices
Page 76
City of Albertville
Council Chambers AV RFB
MIC2
Shock Mount
AKG
H500
•
9
MIC3
Gooseneck Mies
AKG
CGN521E
2
MIC4
Lav Mic
Audio Technica
831 cW
1
MICS
Handheld Microphone
Shure
VP64A
I
MIC6
Gooseneck Adjustable
Audio Technica
ES915/C
3
MIXI
DSP Mixer
Lectrosonics
DM16/24
1
See
MIX2
Mixer Control Interface
Custom
Specification
I
MXXI
VGA Matrix
Extron
60-635-21
1
Ceiling Bracket for Doc
MNT2
Cam
WolfVision
As Required
1
MNT3
Ceiling Mount
Chief Mfg
RPA-985
1
MNT4
Ceiling Mount
Chief Mfg
RPA-140
1
MNTS
Underdesk Mounting Kit
Extron
70-077-01
2
LCD 1570NX-
MON2
15" LCD Monitor
NEC/Mitsubishi
BK
11
PAC1
Power Dist, AC
SurgeX
SX1115R
1
PAC2
Power Dist. AC
Middle Atlantic
PD1415C
4
PDC1
Power Dist. DC
Calypso Control
PDU75-12/5
l
PRJ1
Data/Video Projector
Sanyo
PLC-XP57L
1
PRJ2
DataNideo Projector
Sanyo
PLC-XT16
1
RCK1
Equipment Rack
Middle Atlantic
MRK-4431-
LRD
4
RCK2
Vented Rear Door
Middle Atlantic
MW-VRD-44
4
RCK3
Side Panel, Pr
Middle Atlantic
SPN-44-312
1
RCK4
Top Panel
Middle Atlantic
MW-VT
4
RCK5
Work Surface
Middle Atlantic
WS3-M31-18
1
RCK6
Rack Insert
Raxxess
ROTR-XL-
I ORU
I
RKAI
Rackshelf
Extron
60-190-10
4
Flatscreen Mounting
RKA2
Bracket
Winsted
92186
1
RKA3
Rack Drawer
Middle Atlantic
D3
3
RMT1
2RU Rack Shelf
Middle Atlantic
U2
6
RMT2
3RU Rack Shelf
Middle Atlantic
U3
2
SCA1
Scaler
Extron
60-736-01
1
SCMI
Screen, Motorized
Draper
101184
1
SCM2
Screen, Motorized
Draper
101271
1
SCM3
Trim Kit for SCM 1
Draper
121207
1
SCM4
Trim Kit for SCM2
Draper
121203
1
SPCI
Ceiling Loudspeakers
Tannoy
CMS50IBM
22
SSTI
Still Store
Extron
60-684-01
1
SSWI
System Switcher
Extron
60-532-02
2
USB 1
USB Extender
Gefen
EXT-USB-100
1
US132
USB Hub
Linksys
USBHUB4C
I
UTR1
VGA UTP Rcvr
Extron
60-670-01
3
UTR2
AN UTP Rcvr
Extron
60-541-31
2
UTX1
VGA UTP Xmit
Extron
60-669-01
3
UTX2
AN UTP Xmit
Extron
60-540-31
2
VDA1
Video DA Ix2
Extron
60-439-01
1
WMITI
Wireless Mic - HIT
Audio Technica
ATW-314la
I
WML1
Wireless Mic - Lay.
Audio Technica
ATW-3110a
I
Elert & Associates
Appendices
page 77
City of Albertville
Council Chambers AV RFB
is
Camera Wall Plate
See
WPT2
(CAMI)
Custom
Specification
1
Camera Wall Plate
See
WPT3
(CAM2)
Custom
Specification
3
See
WPT4
Floor Box Plate (102)
Custom
Specification
1
Staff Table Floor Box
See
WPTS
Plate
Custom
Specification
2
See
WPT6
Podium Floor Plate
Custom
Specification
1
XDA1
VGA DA lx6
Extron
60-245-03
2
XDA2
VGA DA Ix4
Extron
60-246-03
2
XDA3
VGA DA lx2
Extron
60-506-01
1
FAST TRACK
RECI
USB Audio Interface
M-Audio
PRO
1
REC2
Recording Software
Soniclear
GASFL
1
REC3
USB Foot Pedal
Soniclear
USBFP
I
FRN1
Podium
Mulnix
IP-CA-1
1
Misc Parts
I
Installation
1
Programming
1
Remainder of Work
(All other costs)
I
Base
Total %%t`® �13 -
•
V, Eleri & Associates Appendices Page 78
City of Albertville
A PENDt% B — ALTERNATES
Alternate #1:
Provide, install, and configure
following equipment:
Desig
Description
Manufacturer
Model
CAM2
PTZ Camera 3CCD
Vaddio
999-6204-000
DVH1
HD/DVD Recorder
Toshiba
RD-XS55
DVV2
DVD/VHS Recorder
Toshiba
D-VR5
LED1
LED Indicator
RDL
RU-SM16
LED1
Power Supply
RDL
PS-24K
6.8" LCD Dual
MON3
Monitor
Marshall
V-R682P
4" LCD Triple
MON4
Monitor
Marshall
V-R43P
MON5
14" Monitor
Toshiba
14AF45
SWBI
Broadcast Switcher
Vaddio
ProductionView
SWV1
AV Switcher
Extron
60-487-31
SWV2
Video Switcher
Extron
60-483-01
VDA2
Video DA Ix6
Extron
60-692-01
Waveform
WAV1
Vectorscope
CompuVideo
SVR-I100A
RMT2
Rack Mount Option
CompuVideo
for SVR-1100A
•
SCN1
Scan Convert
Tview Gold
Focus
Enhancements
ICC2
IR/Serial Card
Crestron
C2IR-8
•
Misc Parts
Installation
Programming
Remainder of Work (All other costs)
Elert & Associates Appendices
Council Chambers A V RFB
Qty Unit Price
4
1
2
2
1
1
2
2
I
1
1
1
1
1
1
1
1
Ext. Price
Alternate #1
Total®
Page 79
City of Albertville Council Chambers AV RFB
•
Alternate #Za
Provide, install, and configure following equipment:
Desig Description Manufacturer Model Qty Unit Price Ext. Price
MON6 32" LCD Monitor Sampo LME-32X8 1
MNT1 Wall Monitor Mount Chief Mfg MTR6305 1
Conference Room See
WPTI Plate Custom Specification 1
See
WPT8 Floor Box Plate Custom Specification 1
LTC2 Laptop Cable Extron 26-490-03 3
Misc Parts I
Installation I
Remainder of Work (All other costs) 1
Alternate #2
Total 30
Alternate #3•
Provide, install, and configure following equipment: •
Desig Description Manufacturer Model Qty Unit Price Ext. Price
MON1 32" LCD Monitor Sampo LME-32X8 1
MNT1 Wall Monitor Mount Chief Mfg MTR6305 1
See
WPT7 Monitor Wall Plate Custom Specification l
Misc Parts
Installation
Programming
Remainder of Work (All other costs)
Alternate #3 a 9 7�. �
Total i
•
Elert & Associates Appendices Page 80
Systems Group, LLC
Bill to
City of Albertville
PROPOSAL
Ship to:
Proposal Date: 8/29/*
Proposal Valid for: 30
ITEM QTY MODEL MFG. DESCRIPTION UNIT PRICE EXT. PRICE
Base Bid Equipment Schedule
1.00
2
STD-1 OK
RDL
Combiner
42.00
84.00
1.01
1
STD-600
RDL
Audio Combiner
43.00
43.00
1.02
1
PPA T35
William Sound
Assistive Listening
564.00
564.00
1.03
5
PPA-R35-8N
William Sound
Assistive Listening Receiver
109.00
545.00
1.04
1
RPK 005
William Sound
Rack Mount Kit
40.00
40.00
1.05
5
HED 026
William Sound
Headphone
13.00
65.00
1.06
1
NKL 001
William Sound
Neck Loop
37.00
37.00
1.07
1
ANT 024
William Sound
Wall Mount Antenna
106.00
106.0
1.08
1
IDP-008
William Sound
ADA Wall Plague
5.00
5.
1.09
1
CX108V
QSC
Power Amplifier
1,275.00
1,275.00
1.10
1
WV-CP244
Pansonic
CCTV Camera
189.00
189.00
1.11
1
WV-LZA61/2S
Pansonic
Lens
70.00
70.00
1.12
1
PUM8
Pansonic
Wall Bracket
16.00
16.00
1.13
1
XF2420
Amseco
Power Supply
8.00
8.00
1.14
1
C25E
Shure
Microphone Cable
23.00
23.00
1.15
2
PCD-85R
Link
Closed Caption Decoder
180.00
360.00
1.16
1
AV16RU-GM
VFI
Video cart
480.00
480.00
1.17
1
VZ-C12
Wolfvision
Ceiling Document Camera
10,900.00
10,900.00
1.18
1
Presentation PC
Dell
Presentation PC
1,100.00
1,100.00
1.19
1
VP6210
Interlink
Wireless K/M
178.00
178.00
Electronics
1.20
1
60-808-01
Extron
DVllnterface
610.00
610.00
1.21
3
AG-VP320
Panasonic
DVD/VCR Combo
192.00
576.00
1.22
6
IRP2
Crestron
IR Probes
35.00
210.00
1.23
1
ST-VS
Crestron
Sync Sensor
430.00
430.00
1.24
1
ST-RK
Crestron
Rack Mount Kit
90.00
90.00
1.25
1
C2N-DB8W
Crestron
Wired Button Panel
165.00
165.00
1.26
1
CNXIO-16
Crestron
1/0 Card
430.00
430.00
1.27
1
Misc.
DSG
801.11g Access Point
70.00
70.00
1.28
1
CT-1550
Crestron
Wired Touch Panel
999.00
999.00
1.29
1
C2N-FT-TPS4
Crestron
Tabletop Interface
1,160.00
1,160.00
1.30
1
PRO2
Crestron
Intergrated Controller
2,175.00
2,175.0
1.31
1
C2NET-1
Crestron
Ethernet Card
555.00
555.
1.32
1
TPMC-10
Crestron
10.4" Wireless Touchpanel
2,400.00
2,400.
1.33
1
TPMC-10-DS
Crestron
Docking Station
310.00
310.00
1.34
1
60-716-OA
Extron
Cable Interface
260.00
260.00
Dascom Systems Group, Inc. Page 1 of 5
ITEM
CITY
MODEL
MFG.
DESCRIPTION
UNIT PRICE
EXT. PRICE
1
610-328-7362
Sanyo
Spare lamp
420.00
420.00
•1.35
1.36
1
610-305-5602
Sanyo
Spare lamp
420.00
420.00
1.37
1
LNS-T31 A
Sanyo
Projection Lens
2,100.00
2,100.00
1.38
1
26-566-02
Extron
Laptop Cable
34.00
34.00
1.39
1
26-490-03
Extron
Laptop Cable
38.00
38.00
1.40
3
AT 8615RS
Audio Technica
XLR Mic Base w/Mute Button
46.00
138.00
1.41
7
CK 47
AKG
Microphone Capsule
300.00
2,100.00
1.42
7
GN30E
AKG
Gooseneck Section
185.00
1,295.00
1.43
9
H500
AKG
Shock Mount
46.00
414.00
1.44
2
CGN521 E
AKG
Gooseneck Mic
156.00
312.00
1.45
1
831cW
Audia Technica
AT831c terminated with locking 4-pin
70.00
70.00
HRS connector. Wireless Essentials®
mic for A-T UniPakTM transmitters
1.46
1
VP64A
Shure
Handheld Microphone
88.00
88.00
1.47
3
ES915/C
Audio Technica
Gooseneck Adjustable
199.00
597.00
1.48
1
DM1624
Lectrosonics
DSP Mixer/Processor
3,300.00
3,300.00
1.49
1
Custom
DSG
Mixer Control Interface
220.00
220.00
1.50
1
60-635-21
Extron
MVX 44 VGA A
744.00
744.00
1.51
1
Cam
Wolfvision
Camera Bracket
225.00
225.00
1.52
1
RPA-985
Chief
Projector Mount
149.00
149.00
1.53
1
RPA-140
Chief
Projector Mount
149.00
149.00
1.54
2
70-077-01
Extron
Under Table Mounting Kit
33.00
66.00
1.55
11
LCD1570NX-BK
NEC
15" LCD Monitor
310.00
3,410.00
1
SX1115R
SurgeX
Power Distribution
438.00
438.00
•1.56
1.57
4
PD1415C
Middle Atlantic
Power Distribution
97.00
388.00
1.58
1
PDU75-12/5
Calypso Control
Power Dist DC
0.00
1.59
1
PLC-XP57L
Sanyo
Data Video Projector
5,350.00
5,350.00
1.60
1
PLC-XT16
Sanyo
Data Video Projector
3,450.00
3,450.00
1.61
4
MRK-4431-LRD
Middle Atlantic
Equipment Rack
647.00
2,588.00
1.62
4
MW-VRD-44
Middle Atlantic
Vented Rear Door
111.00
444.00
1.63
1
SPN-44-312
Middle Atlantic
Side Panel, Pair
387.00
387.00
1.64
4
MW-VT
Middle Atlantic
Top Panel
33.00
132.00
1.65
1
WS3-M31-18
Middle Atlantic
Work Surface
460.00
460.00
1.66
1
ROTR-XL 10RU
Raxxess
Rack Insert
333.00
333.00
1.67
4
60-190-01
Extron
RSU 129 (1 U Basic Rack Shelf)
84.00
336.00
1.68
1
92186
Winsted
Bracket
50.00
50.00
1.69
3
D3
Middle Atlantic
Rack Drawer
110.00
330.00
1.70
6
U2
Middle Atlantic
2RU Rack Shelf
23.00
138.00
1.71
2
U3
Middle Atlantic
3RU Rack Shelf
45.00
90.00
1.72
1
60-736-01
Extron
Scaler
1,600.00
1,600.00
1.73
1
101184
Draper
Motorized Screen
1,890.00
1,890.00
1.74
1
101271
Draper
Motorized Screen
1,610.00
1,610.00
1.75
1
121207
Draper
Trim Kit for SCM1
150.00
150.00
1.76
1
121203
Draper
Trim Kit for SCM2
150.00
150.00
1.77
22
CMS501BM
Tannoy
Ceiling Speakers
109.00
2,398.00
1.78
1
60-684-01
Extron
Still Store
884.00
884.00
1.79
2
60-532-02
Extron
System Switcher
610.00
1,220.00
1.80
1
EXT-USB-100
Gefen
USB Exteneder
570.00
570.00
1.81
1
USBHUB4C
Linksys
USB Hub
30.00
30.00
1.82
3
60-670-01
Extron
VGA UTP Rcvr
260.00
780.00
1.83
2
60-541-31
Extron
AV UTP Rcvr
140.00
280.00
Dascom Systems Group, Inc. Page 2 of 5
ITEM
QTY
MODEL
MFG.
DESCRIPTION
UNIT PRICE
EXT. PRICE
1.84
3
60-669-01
Extron
VGA UTP Xmit
250.00
750.
1.85
2
60-540-31
Extron
AV UTP Xmit
140.00
280
1.86
1
60-439-01
Extron
Video DA
120.00
120.0
1.87
1
ATW-3141 a
Audia Technica
ATW-R3100 receiver and ATW-T341
410.00
410.00
handheld cardioid dynamic
microphone/transmitter (TV 25-30)
1.88
1
ATW-3110a
Audia Technica
ATW-R3100 receiver and ATW-T310
350.00
350.00
UniPakTM transmitter (TV 25-30)
1.89
1
Custom
DSG
Cam wall plate 1
65.00
65.00
1.90
3
Custom
DSG
Cam Wall Plate 2
65.00
195.00
1.91
1
Custom
DSG
Floor Box Staff table
110.00
110.00
1.92
1
Custom
DSG
Podium Floor Plate
110.00
110.00
1.93
2
60-245-03
Extron
P/2 DA6xi 1 x6 VGA DA
336.00
672.00
1.94
2
60-246-03
Extron
P/2 DA4xi
247.00
494.00
1.95
1
60-506-01
Extron
VGA DA 1 x2
140.00
140.00
1.96
1
Fast Track Pro
M Audio
USB Audio Interface
255.00
255.00
1.97
1
GA5FL
Soniclear
Recording Software
376.00
376.00
1.98
1
USBFP
Soniclear
USB Foot pedal
190.00
190.00
1.99
1
IP-CA-1
Mulnix
Podium
3,160.00
3,160.00
2.00
1
Misc.
DSG
Miscellaneous Materials
2,350.00
2,350.00
2.01
1
Labor
DSG
Installation and Engineering Labor
12,900.00
12,900.00
2.02
1
Labor
DSG
One Year On -Site Parts and Labor
1,800.00
1,800.00
Warranty
2.03
1
Labor
DSG
Sound Testing Contract
2,100.00
2,100.00
2.04
1
Labor
DSG
Training
300.00
300.00
2.05
1
Programming-
DSG
Control System Programming
2,870.00
2,870.0
Custom
2.06
1
Freight
DSG
Freight Charges
1,150.00
1,150.00
2.07
1
Bonding
DSG
Performance Bond
1,732.00
1,732.00
2.08
1
Tax
DSG
Sales Tax
6,641.00
6,641.00
Base Total:
$108,813.00
Alternate #1
3.00
4
999-6204-000
Vaddio
PTZ Camera 3CCD
5,670.00
22,680.00
3.01
-1
Custom
DSG
Cam wall plate 1
65.00
(65.00)
3.02
-3
Custom
DSG
Cam Wall Plate 2
65.00
(195.00)
3.03
1
RD-XS55
Toshiba
HD/DVD Recorder
620.00
620.00
3.04
2
D-VR5
Toshiba
DVD.VHS Recorder
279.00
558.00
3.05
2
RU-SM16
RDL
LED Indicator
189.00
378.00
3.06
1
PS-24A
RDL
Power Supply
15.00
15.00
3.07
1
V-R682P
Marshall
6.8" LCD Dual Monitor
1,189.00
1,189.00
3.08
2
V-R43P
Marshall
4" LCD Triple Monitor
1,099.00
2,198.00
3.09
2
14AF46
Toshiba
14" Monitor
156.00
312.00
3.10
1
Production View
Vaddio
Video Production Switch
3,900.00
3,900.00
3.11
1
60-487-31
Extron
SW 6AV RCA
493.00
493.00
3.12
1
60-483-01
Extron
Video Switcher
493.00
493.00
3.13
1
60-692-01
Extron
DA 6V EQ
211.00
211.00
3.14
1
SVR-1100A
CompuVideo
Waveform Vectorscope
1,709.00
1,709.00
3.15
1
Misc.
CompuVideo
Rack Mount Kit
155.00
155.00
3.16
1
TViewGold
Focus
Scan Converter
179.00
179.0
Enhancements
16
3.17
1
C21R-8
Crestron
IR/Serial Card
445.00
445.00
3.18
1
Misc.
DSG
Miscellaneous Materials
700.00
700.00
3.19
1
Labor
DSG
Installation and Engineering Labor
4,890.00
4,890.00
Dascom Systems Group, Inc. Page 3 of 5
ITEM
QTY
MODEL
MFG.
DESCRIPTION
UNIT PRICE
EXT. PRICE
0 3.20
1
Labor
DSG
One Year On -Site Parts and Labor
500.00
500.00
Warranty
3.21
1
Labor
DSG
Training
100.00
100.00
3.22
1
Freight
DSG
Freight Charges
275.00
275.00
3.23
1
Bonding
DSG
Performance Bond
698.00
698.00
3.24
1
Tax
DSG
Sales Tax
2,759.00
2,759.00
Alternate #1 Total:
$45,197.00
Alternate #2
4.00
1
LME-32X8
4.01
1
MTR6305
4.02
1
Custom
4.03
1
Custom
4.04
1
26-490-03
4.05
1
Labor
4.06
1
Labor
4.07
1
Freight
4.08
1
Bonding
4.09
1
Tax
*Alternate #3
5.00
1
LME-32X8
5.01
1
MTR6305
5.02
1
Custom
5.03
1
Labor
5.04
1
Labor
5.05
1
Freight
5.06
1
Bonding
5.07
1
Tax
Sampo
32" LCD
1,120.00
Chief
LCD Wall Mount
139.00
DSG
Conf Room Plate
130.00
DSG
Floor Box Plate
130.00
Extron
Laptop Cable
39.00
DSG
One Year On -Site Parts and Labor
140.00
Warranty
DSG
Installation and Engineering Labor
960.00
DSG
Freight Charges
155.00
DSG
Performance Bond
59.00
DSG
Sales Tax
187.00
Alternate #2 Total: $3,059.00
Sampo
32" LCD
Chief
LCD Wall Mount
DSG
Monitor Wall Plate
DSG
One Year On -Site Parts and Labor
Warranty
DSG
Installation and Engineering Labor
DSG
Freight Charges
DSG
Performance Bond
DSG
Sales Tax
Alternate #3 Total:
Submitted by:
Dave Ewing
Dascom Systems Group Phone: 651-578-1200 ext. 113
2415 Ventura Drive Fax: 651-578-2555
Woodbury, MN 55125 Email: dewing@dascom-systems.com
Web Site: www.dascom-systems.com
Terms and Conditions:
Payment Terms: Net 30 Days from Delivery
1,120.00
139.00
130.00
140.00
960.00
155.00
55.00
176.00
$2,875.00
1,120.00
139.00
130.00
130.00
39.00
140.00
960.00
155.00
59.00
187.00
1,120.00
139.00
130.00
140.00
960.00
155.00
55.00
176.00
GRAND TOTAL: $159,944.00
Dascom Systems Group, Inc.
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