2005-03-07 CC Packet
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ALBERTVILLE CITY COUNCIL
AGENDA
March 7, 2005
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA
3. MINUTES
a. February 22,2005 City Council Minutes, February 28, 2005 Council Workshop,
March 2,2005 Council 1-94 Public Information Meeting (pgs. 3-16)
4. CITIZEN FORUM - (10 Minute Limit)
5. CONSENT AGENDA
a. Approve payment of claims check numbers 021120-021141 (pgs. 17-20)
b. Liquor License Renewals
1 ). Off Sale Liquor Licenses
(a). Westside Liquor, Inc.
(b). C.L. Gentile Inc.
(c). Hackenmueller's Inc.
(d). Vetsch, Gary E.
2). On Sale Liquor Licenses
(a). C. L. Gentile Inc.
(b). D. Michael's B's II Inc.
(c). Vetsch, Gary E.
(d). Cedar Creek Golf
3). Special Sunday On Sale Liquor License
(a). C. L. Gentile Inc.
(b). D. Michael B's II Inc.
(c). Vetsch, Gary E.
(d). Cedar Creek Golf
4). Off Sale 3.2 Malt Beverage
(a). JTS Auto Service, Inc.
c. Approve Contracting with Bonestroo to Complete City Hall Topo and Boundary Survey for
$4,645.00 (pg. 21)
d. Approve City Engineer's Recommendation to Accept Application for Payment No.2
(FINAL) for this project in the amount of $4,546.42
e. Approve the City Engineer's Recommendation to Reduce the Letter of Reduction for Towne
Lakes 4h Addition from $$292,500 to no less than $253,500
6. ACTION ON PULLED CONSENT ITEMS
7. DEPARTMENT BUSINESS
a. Public Works - Wastewater Treatment Plant
1. Wastewater Written Report (pg. 23)
b. Planning
1. None
c. Building Department
1. February 2005 Monthly Report (pgs. 25-40)
d. Engineering
1. Approval of Wastewater Plant Expansion No.2 Plans and Specifications
2. Approval of Wastewater Plant Expansion No.2 Engineering Agreement
3. Authorization to Bid the Wastewater Plant Expansion No.2
4. Overview of the 70th Street Transportation Study by Bob Moberg
e. Legal
1. None
f. Finance
1. Written Report (pgs. 41-44)
g. Administration
1. Written Report (pgs. 45-48)
2. Wright County Proposal on Aerial Photography ($1,973.68) (pgs. 49-56)
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8. OTHER BUSINESS, MINUTES AND MATERIALS
a. Park Committee Member Appointments
(recommendation coming from 6:00 p.m. Park Committee meeting)
b. Article from Star Tribune Friday, February 25 Metro Edition - Sviggum Talks Casino and
Racino (pg. 57)
c. Article from Star News Wednesday, March 2 Elk River area - Albertville Eyed (pg. 59)
9. CORRESPONDENCE
a.
10. ADJOURNMENT
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City of Albertville
City Council Minutes
February 22, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning and
John Vetsch, City Attorney Mike Couri, City Engineer Pete Carlson, City Planner Al Brixius, City
Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m.
followed by the Pledge of Allegiance.
AGENDA
MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the
Agenda with the following amendments. Motion carried unanimously.
Added Items:
7. a. 1.1-94 Business Meeting - Sign Update
7. b. 2. 1-94 Informational Meeting
7. c. 1. City Hall Architectural Contract
7. d. 3. Mayor's Dinner
7. d. 4. Set Date for Council Workshop
7. d. 5. Set Date for Staff Reviews
7. d. 6. Progress on Newsletter
7. d. 7. City Hall Space Need Study
MINUTES
MOTION BY Council member Berning, seconded by Council member Fay to approve the
February 7,2005 regular City Council minutes as presented. Motion carried unanimously.
CITIZEN FORUM
Mayor Peterson asked if there was anyone present in the audience to discuss an item that is not on
the agenda.
Amy Peterson, 4959 Kassel Avenue NE approached the Council. Peterson moved to Albertville on
November 23, 2004. She wanted to pursue the option to hydro seed her lot. She obtained a copy of
the City's landscape requirements for new residential construction. She contacted the U ofM to
research the advantage of hydro seeding versus just seeding. She informed the Council that sod is
pretty much Kentucky Blue Grass and is susceptible to disease, whereas hydro seeding is a mixture
of various grasses and there is less a chance of disease. When you hydro seed the germination
period is quicker than conventional grass seeding.
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City Engineer Carlson recalled there were a number of residents that were allowed to seed the .
remaining portion of the lot, but neglected to maintain and the lawn turned to weeds.
Council stated that if we allow it here, it turns out great, then the next resident comes in and it fails.
We also need to take into consideration the run off from the yard in the meantime. It runs into the
streets, storm sewer and creates a mess. That is the reason for sod versus seeding.
Mayor Peterson thought we had agreed a resident could hydro seed provided they put in a sprinkler
system.
Council member Berning felt if Ms. Peterson agreed to install a sprinkler system it would be okay
to hydro seed.
Amy Peterson asked if she could get the permission or okay from the City in writing to present to
her Builder to get the Landscape Escrow back.
The City Council agreed that the seeding/sodding policy needs to be reviewed. In the interim,
Boulevards must be sodded. Residents can hydro seed their lawns if the entire area has underground
irrigation, and silt fence installed around the perimeter. Escrow funds will be held until the grass is
acceptable to the City. Seeding oflawns, with or without irrigation is not permitted, as regular grass
seed takes longer to germinate than hydro seeding. Seeding must be done in a timely manner or else
an Administrative Penalty may be levied. Prior to spring, staff is directed to come back to the City
Council with a revised Ordinance.
CONSENT AGENDA
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
consent agenda pulling items b., g., h., and i. Motion carried unanimously.
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a. Approve payment of claims check numbers 21045-21107
b. Approve the City Engineer's recommendation for 2004 Primary School Ball Fields
Grading Change Order No.2, Change Order No.3 and Application for Payment No.3
(FINAL) for this project. Change Order No.2 in the amount of$14,712.24 is for
installation ofaglime, Change Order No. 3 in the amount of$1,012.20 is for
installation of additional drain tile and riprap, and Application for Payment No.3
includes both change orders and is in the amount of$25,382.55. With this payment,
the final contract amount is $67,516.10
c. Approve the Application to Conduct Excluded Bingo for the Catholic Aid Association
St. Albert Council 147 for March 20,2005
d. Liquor License Renewal
1). Off Sale Liquor License
a). Cobom's Inc.
2). Off Sale 3.2 Malt Beverage
a). Cobom's Inc.
e. Approve the City Engineer's recommendation for partial payment of$1,950.00 of an
invoice from L&K Tree & Shrub, Inc. for 2004 School Pedestrian and Bike Path with
the balance to be paid once the wall has been sealed
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f. Approve the City Engineer's recommendation for Application for Payment No.3
(FINAL) for 2004 Primary School Ball Fields Seeding in the amount of
$7,293.60
g. Approval of the Plans and Specifications for the Phase 2 Expansion of the WWTF and
Authorizes S.E.H. to Bid the Project for Construction 2005
h. Authorize Finance Director to Close Funds recommended by Auditors
1. Adopt Resolution No. 2005-11 entitled Resolution Closing Certain Funds
ACTION ON PULLED CONSENT ITEMS
Pulled b. Approve the City Engineer's recommendation for 2004 Primary School Ball Fields
Grading Change Order No.2, Change Order No.3 and Application for Payment No.3 (FINAL) for
this project. Change Order No.2 in the amount of $14,712.24 is for installation of aglime, Change
Order No.3 in the amount of $1 ,012.20 is for installation of additional drain tile and riprap, and
Application for Payment No.3 includes both change orders and is in the amount of$25,382.55.
With this payment, the final contract amount is $67,516.10
The Council questioned when did we agree to do the ball fields, and how much money has the
School put into this project?
City Engineer Carlson distributed a cost analysis on the 2004 Primary School Ball Fields. It was
approved at a previous meeting to put aglime down for erosion control. When I discussed this with
the School District these were the City responsibility to complete.
MOTION BY Council member Vetsch, seconded by Mayor Peterson to approve the City
Engineer's recommendation for 2004 Primary School Ball Fields Grading Change Order No.3 in
the amount of $1,.0 12.20 for installation of additional drain tile and rip rap, and Application for
Payment No.3 (FINAL) for this project in the amount of$I,012.20. Change Order No.2 in the
amount of $14,712.24 is for installation of aglime is to be held over for further clarification,
Application for Payment No.3 includes both change orders and is modified to reflect not paying
Change Order No.2. Motion carried unanimously.
Pulled g. Approval of the Plans and Specifications for the Phase 2 Expansion of the WWTF and
Authorizes S.E.H. to Bid the Project for Construction 2005
Council stated that approval of the plans should be been placed under Engineering on the agenda.
Kruse was not available for final edit of the agenda and City Clerk Miller did not realize it should
have been placed under Engineering.
City Administrator Kruse informed the City Council that John Stodola, S.E.H. was present to
review the plans and the final engineer's estimate.
Council was not prepared to review the plans at this point. They would like to set a date to review
the plans.
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John Stodola stated that it is a good idea to hold a workshop to look at the plans and specs.
Mayor Peterson would like to set a workshop to get more details on this project. The contractors
are looking to bid the project. We have been informed that steel and concrete prices are going up so
the longer we wait the more it will cost.
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MOTION BY Mayor Peterson, seconded by Council member Klecker to_set Wednesday, March 2,
2005 at 7:30 p.m. to review the plans and specs for Phase 2 of the WWTF. Motion carried
unanimously.
Pulled h. Authorize Finance Director to Close Funds recommended by Auditors
Council member Berning asked if any of the funds we are closing have balances.
City Administrator Kruse stated that these funds are not technically Capital Project Funds. Rather,
they are accounts receivables and the Funds were initially set up to track the expenses of the
development.. Simplistically, the funds are being reclassified from an individual Capital Project
Fund to an accounts receivable classification.
Council asked about Pilot Land and Edina Development.
City Administrator Kruse stated these are the only developers that owe the City a significant amount
of money. For the most part all of the remaining developers are current on their accounts with the
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Pulled i. Adopt Resolution No. 2005-11 entitled Resolution Closing Certain Funds
Council stated they would like to see Quarterly Financial Reports. They would like the report to
show previous developer's status. That way if they come back to do a new project we can note on
the report how they worked with the City.
City Administrator Kruse stated staff will provide the Council with a regular accounts receivable
dating report and further a Capital Projects Contract Report showing project-by-project outstanding
contract work to be performed and retainage. City Administrator Kruse assured the Council that
past problems from previous administrations are being straintened out and that they will not occur
under the current staffs watch.
MOTION BY Council member Berning, seconded by Mayor Peterson to view Quarterly Reports
from the Finance Director. Motion carried unanimously.
MOTION BY Council member Berning, seconded by Council member Fay to authorize Finance
Director to Close Funds recommended by the Auditors and Adopt Resolution No. 2004-11 entitled
Resolution Closing Certain Funds. Motion carried unanimously.
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DEPARTMENT BUSINESS
PLANNING
1-94 BUSINESS MEETING - SIGN UPDATE
City Planner Brixius reported there was good attendance at the 1-94 Business meeting regarding
signage within the City of Albertville. There were a number of areas the Business owners would
like the City to reconsider.
I. Banners to be included in the Temporary Sign Ordinance advertising special event
2. Any special provision regarding setback for temporary signs for the establishments on Main
Avenue as they are built to the lot lines.
City Planner Brixius stated that the Planning & Zoning Commission would review the Sign
Ordinance(s) at the March 2005 meeting. Then bring the recommendations back to City Council in
April 2005.
ENGINEERING
UPDATE ON CSAH 37 TRAIL
City Engineer Carlson recommended the City host a workshop or a meeting to give a detailed
update to the public on CSAH 37 Trail Project.
City Administrator Kruse suggested an open house is usually effective.
Council recommended staff set up an open house at which time Lambert Avenue sidewalk could be
discussed.
1-94 INFORMATIONAL MEETING
Council wanted to confirm the agenda for Monday, February 28th presentation.
It will begin at 6:30 p.m. for the residents to informally look at the boards with the proposed
layouts.
Then at 7:00 p.m. the Mayor would open the formal presentation. Give a brief speech and introduce
the representatives from S.E.H.
City Administrator Kruse will give a summary of the funding for the project and inform the public
the City has a lobbyist seeking Federal and State Funding.
S.E.H. would hold the presentation to about 45-60 minutes. At that time we would open up for
questions and concerns from the public.
LEGAL
BONESTROO, ROSENE, ANDERLIC & ASSOCIATES, INC. ARCIDTECTURAL CONTRACT
City Attorney Couri reported that he worked with Bonestroo on the issues in the Architectural
Contract.
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Article 2.6.17 - The Architect shall render initial decisions on claims, disputes or other matters in .
question between the Owner and contractor as provided in the Contract Documents.
Article 6.2 - Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive
license to reproduce the Architect's Instruments of Service solely for purposes of constructing,
using and maintaining the Project, provided that the Owner shall comply with all obligations,
including prompt payment of all sums when due, under this Agreement. The Architect shall obtain
similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any
termination of this Agreement prior to completion of the Project shall terminate this license. Upon
any termination other than for the owner's default, the foregoing license shall be deemed terminated
and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly
credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the Instruments of Service, at their own risk and liability, solely for
purposes of completing, using and maintaining the Project.
Article 7.3 - The Architect and owner waive consequential damages for claims, disputes or other
matters in question arising out of or relating to this Agreement, provided, however, that damages to
persons or property inside or on the premises ofthe Project are not waived by this paragraph. This
mutual waiver is applicable, without limitation, to all consequential damages due to either party's
termination in accordance with Article 8.
Article 8.7 - Termination Expenses to date are in addition to compensation for the services of the
Agreement and include expenses directly attributable to termination for which the Architect is not .
otherwise compensated.
Article 9.3 - has been removed due to Statute of Limitations.
Article 11.1 - An Initial Payment of Zero Dollars and Zero Cents ($0.00) shall be made upon
execution of this Agreement and credited to the Owner's account at final payment. Stipulated sum
of $200,000.
Article 11.3.3 - For Additional Services of Consultants, including additional structural, mechanical
and electrical engineering services and those provided under Section 3.4.19 or identified in Article
12 as part of Additional Services, a multiple of One and one-tenth (1.10) times the expenses
incurred by the Architect, the Architect's employees and consultants directly related to the Project.
For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article
12 as Reimbursable Expenses, a multiple of One and one-tenth (1.10) times the expenses incurred
by the Architect, the Architect's employees and consultants directly related to the Project.
Article 11.5.1 - If the Basic Service covered by this Agreement have not been completed within
twenty (20) months of the date hereof, through no fault of the Architect, extension of the Architect's
services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2.
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Article 11.5.2 - Payments are due and payable Thirty (30) days from the date of the Architect's
invoice. Amounts unpaid Thirty-one (31) days after the invoice date shall bear interest at the rate
entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal
place of business of the Architect.
Article 12.1.2.3 - Architect shall review the requirements of the State and local building codes and
local zoning ordinances ("Codes and ordinance"). To the extent required by the Architect's
standard of care, Architect shall also comply with the Code and Ordinances in the performance of
its services. Owner shall inform the Architect in writing, prior to initiation of Architect's services,
of any planning, design and construction standards of the Owner, other than the Codes and
Ordinances, with which the Owner shall require the Architect to comply in the performance of its
servtces.
Article 12.3.3 - Has been stricken through.
Article 12.4.2 - Objections to invoices - It is important for the Architect to be promptly informed of
problems. If the Owner objects to any portion of an invoice, the Owner shall notify the Architect in
writing within twenty days of the invoice's receipt. The Owner agrees to timely pay any undisputed
portions of an invoice.
Article 12.4.3 - have been stricken through.
Article 12.8 - Limitation of Liability - Architect's liability to Owner for any and all claims, losses,
expenses or damages arising out of the Project or this Agreement from any cause including but not
limited to the Architect's negligence, errors, or omissions shall not exceed the sum of$4 million.
This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Architectural
Contract with the amendments made by the City Attorney. Motion carried unanimously.
ADMINISTRATION
WRITTEN REpORT
City Administrator Kruse informed the Council that he had received a couple of complaints
regarding snow removal from sidewalks.
Council suggested that PW Supervisor Guimont contact Don's Bus Garage in August of each year
to get a copy of the school bus routes. If time allows consider expanding the sidewalk snow
removal.
City Administrator Kruse received a letter from the Wright County Soil and Water Conservation
District stating the dirt pile is not a part of the Corp's permit. We are working out the fence issue
along with the pile of dirt and the trash enclosures.
Mayor Peterson directed staff to contact Wright County regarding CR 19. It is just a matter of time
. before someone will be hit or some other accident will happen.
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Mayor Peterson asked staff is there is any chance to get an additional road outlet from the
Albertville Premium Outlets.
Staff reported that as it stands today there is no option for an additional outlet from the mall.
City Administrator Kruse reported that staffmet with Otsego staff to discuss 70th Street and the
reviewed four options for improvement ranging from about $500,000 to $1,400,000. Otsego staff
will disc 70th Street Project with their City Council.
City Administrator asked for Council direction on the street light standards for the Prairie Run
Residential Development.
Council stated that we have a standard in place. Council directed City Administrator to check out
the Towne Lakes Development and other residential developments.
PERSONNEL IlARASSMENT POLICY
City Administrator Kruse asked for direction from Council regarding adopting the Harassment
Policy included in the packet.
Council amended the policy to include all employees, elected officials, volunteer fire fighters and
appointment members to attend a Harassment Training Session put on by the League ofMn Cities.
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MOTION BY Mayor Peterson, seconded by Council member Fay to approve the Harassment _
Policy with the amendments to include all employees, elected officials, volunteer fire fighters and
appointed members. Motion carried unanimously.
MAYOR'S DINNER
Mayor Peterson wanted to invite the Council and staff to a Mayor's Dinner to be held on
Wednesday, March 9th at D. Michael B's on CR 19. D. Michael B's will be sending out invitations.
SET DATE FOR COUNCIL WORKSHOP
Mayor recommended the Council and staff consider holding a workshop in the future.
SET DATE FOR STAFF REVIEWS
Mayor asked to set the date for staff reviews. Council set the date of Tuesday, March 29th for staff
reviews beginning at 6:00 p.m. at City Hall in the Council Chambers.
PROGRESS ON NEWSLETTER
City Administrator Kruse reported that staffhas a rough draft started and it will go out the 1 st week
in March 2005. The next newsletter is scheduled to go out the 1 st week in May 2005.
CITY HALL SPACE NEED STUDY
City Administrator Kruse asked Council to review the City Hall Space Study needs prior to the
workshop on Wednesday, March 2nd.
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SET DATE FOR INTERVIEWING ENGINEERING FIRMS
City Administrator Kruse stated the Engineering firms reports of interest are here for Council's
review. Kruse asked Council if they would like to set a date to interview.
Council set the date of Wednesday, March 2300 beginning at 6:00 p.m. to interview the Engineering
firms. Council members should contact City Administrator Kruse with their concerns or firms they
prefer.
INSURANCE
Mayor Peterson directed City Administrator Kruse to look at going out to bid for Insurance Agents.
City Administrator Kruse will report back at a future meeting the advantages and disadvantages to
changing Insurance Agents.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at
10:04 p.m. Motion carried unanimously.
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City of Albertville
City Council Workshop Minutes
February 28, 2005
Albertville City Hall
6:30 PM
PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning and
John Vetsch, and City Administrator Larry Kruse.
Also in attendance from S.E.H. were City Engineer Pete Carlson, Jaimison Slobboden, Scott
McBride, and Kate Miner.
The City Council hosted a public informational meeting at the STMA Lecture Room.
Individuals who sign in were: Sally Dufuer, Richard and Marlene Lindenfelser, Sara Martin, Bill
Monnen, Steve Bot, Judy Roden, Gordy Berning, Dorothy Rich, Keith Franklin, Brad Smith,
Thomas Zackman, Bennis Butcher and Dean Eggert.
S.E.H. presented an overview of the options studied, some of which were requirements of the
Minnesota Department of Transportation and Federal Highway Administration and others were
preferences identified by the City Council.
S.E.H. presented the City Council's preferred option No. 2C. Further, S.E.H. Engineers showed
various movies of traffic modeled out to the year 2030.
After the presentation, the professionals hosted questions from the audience.
There being no further business, the workshop was adjourned at 9:00 p.m.
Mayor Don Peterson
City Administrator Larry Kruse
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City of Albertville
City Council Workshop Minutes
March 2, 2005
Albertville City Hall
6:00 PM
PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning and
John Vetsch, and City Administrator Larry Kruse.
CITY HALL CONSTRUCTION
Consulting Bonestroo Architects and staff, Mark Forbes, Michelle Lease and Jeff McDowell
reviewed the S.E.H. Space Needs Study in detail as follows:
1.1 Entry Vestibule: Discussed making it larger to accommodate one or two vending machines to be
available to staff and the public.
1.2 Service Lobby/Reception: Discussed making sure surfaces are durable and low maintenance.
Desire to insure there is adequate space for service counters, with the possibility to have a
computer accessible on one end that could be secured during offhours. Coffee counter could be
a mobile cart, or counter area with plug in. Brochure display via wall fixtures and cases is good.
Kiosk probably is less desirable.
1.3 Council Chambers: Council confirmed that this is well defined in the Space Needs Study.
1.4 Conference Rooms: Adequately described in Study.
1.5 Council Service Areas: Warming Kitchen area should include a future layout for a modest full
kitchen with the possibility to increase the size from 12 x 20 to 16 x 20 feet. Also the possibility
to expand to an adjoining room is necessary.
1.6 Endorsed a small basement if groundwater allows for storage and mechanical equipment.
1.7 Building Support Areas: Confirmed the Study addresses this area well.
1.8 Office Support Areas: Confirmed the Study addresses this area well.
1.9 City Office Requirements: Suggested one of the office spaces could be dedicated towards small
plan review area. Building OfficiaVCity Planning area commingled together. Confirmed that
some additional office space be included if it can be done within the budget.
2.City Conference Facility: Confirmed Study addresses this area well.
BUILDING LOCATION
Reviewed option A,B,C & D.
Confirmed that the Council wanted a site layout that would retain the old City Hall.
The Council preference was option C, locating the building on the south end of the site. Option A,
again locating the building along Main Avenue with a minimum setback was a priority.
Confirmed that the City Council wanted to explore a two story structure, depending on the
functionality of the building.
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Confirmed that they like the zero or near zero setback.
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Confirmed wanting a clock tower or something similar.
Discussed insuring adequate buffers for parking with the neighbor to the west.
Architect recommended getting a purchase option on the property to the west to accommodate any
future expansion.
NEXT STEPS
Identified that the Council will confirm the preferred site layout at Monday, March 7th Council
meeting. Other immediate steps include site survey, soil borings, and evaluation of the second story
concept.
WASTEWATER TREATMENT
S.E.H. Engineers John Stoddola and Tom Dye along with Albertville's John Middendorfreviewed
the Phase 2 Expansion ofthe Wastewater Treatment Facility. Mr. Stoddola and Dye went over the
capacity issues in detail and reviewed the construction schedule. The Council reviewed that one of
the ponds will be decommissioned, however, it is not in this project to remove the sludge.
PROJECT FINANCING
City Administrator Kruse reviewed a staff report identifying the financial ability of the City to
construct a $4 to $5 million dollar expansion utilizing Sewer Availability Connection (SAC) .'
revenue. Analysis was based on the majority of remaining undeveloped residential and commercial
areas. An estimated 1501 units was identified and 80% of that was used equaling 1,200.
City Administrator Kruse reported to the City Council that the City had the ability to fund a four to
five million dollar project and pay existing sewer enterprise debt with current project revenue and
no tax impact on existing residents. The debt service payments cash flow for 10, 12 or a 15 year
financing. Currently, the City has $3,773,742 dollars in SAC funds of which a portion could be
applied toward this project.
NEXT STEPS
By consensus, the City Council agreed to place the Authorization to Advertise for Bids, Approval of
Plans and Specifications and Approval of the Engineering Contract on Monday's agenda.
There being no further business, the meeting was adjourned at 9:00 p.m.
Mayor Don Peterson
City Administrator Larry Kruse
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CITY OF ALBERTVILLE
*Check Detail Register@)
03/02/05 4:30 P
Page
March 2005
Check Arnt Invoice Cornrnent
10100 Prernier Bank
Paid Chk# 021120 3/212005 POSTMASTER
E 101-41100-300 Professional Srvs (GENERAL)
Total POSTMASTER
$328.71
$328.71
$328.71
10100 Prernler Bank
Fund Summary
101 GENERAL FUND
10100 Premier Bank
$328.71
$328.71
10100 Prernier Bank
Paid Chk# 021122 3/7/2005 AFLAC
G 101-21710 Other Deducations
$16.16 194608
$16.16
Total AFLAC
Paid Chk# 021123 3/7/2005 CARQUEST
E 101-42000-404 Repair/Maint-
Total CARQUEST
Paid Chk# 021124 3/7/2005 CDW-G
E 101-41400-570 Office Equip and Furnishings $440.21 QV19972
E 101-42400-570 Office Equip and Furnishings $440.20 QV19972
E 101-41400-570 Office Equip and Furnishings $332.03 QW27879
E 101-41300-570 Office Equip and Furnishings $332.04 QW27879
E 101-41400-570 Office Equip and Furnishings $18.52 QW43301
E 101-41300-570 Office Equip and Furnishings $18.53 QW43301
E 101-41300-570 Office Equip and Furnishings $1,165.70 QX30594
E 101-41400-570 Office Equip and Furnishings $1,165.70 QX30594
Total CDW-G $3,912.93
Paid Chk# 021125 3/7/2005 CHOUINARD OFFICE PRODUCTS
E 101-42400-200 Office Supplies (GENERAL) $20.80 54727
Total CHOUINARD OFFICE PRODUCTS $20.80
Paid Chk# 021126 3/7/2005 DON'S AUTO & REPAIR
E 101-42000-404 Repair/Maint-
E 101-42000-212 Motor Fuels
E 101-42000-212 Motor Fuels
E 101-42000-212 Motor Fuels
E 101-42000-212 Motor Fuels
Total DON'S AUTO & REPAIR
Paid Chk# 021127 3/7/2005 ELAN FINANCIAL SERVICES
E 101-41400-200 Office Supplies (GENERAL) $15.49
E 101-41400-200 Office Supplies (GENERAL) $55.12
E 101-43100-208 Training and Instruction $260.00
E 101-42400-200 Office Supplies (GENERAL) $38.33
E 101-41400-200 Office Supplies (GENERAL) $22.76
E 101-41400-200 Office Supplies (GENERAL) $10.64
E 101-41400-200 Office Supplies (GENERAL) $8.50
E 101-41500-200 Office Supplies (GENERAL) $15.97
E 101-41500-207 Computer Supplies $15.96
Total ELAN FINANCIAL SERVICES $442.77
Paid Chk# 021128 3/7/2005 FRONTLINE PLUS FIRE & RESCUE
E 101-42000-587 C/O-Tools $1,431.199360
E 101-42000-587 C/O - Tools $109.27 9378
Total FRONTLINE PLUS FIRE & RESCUE $1,540.46
$59.26 d266607
$59.26
$259.24 27848
$57.06 30989
$19.10 31250
$27.88 31346
$30.54 31391
$393.82
Newsletter postage
AFLAC Insurance Prem
oil
computer/monitor/softwarelBatt
Monitor, Battery Backup
computer/monitor/softwarelBatt
computer/monitor/softwarelBatt
computer/monitor/software/Batt
computer/monitor/software/Batt
computer/monitor/softwarelBatt
computer/monitor/softwarelBatt
ink pads
batteries
fuel
fuel
fuel
fuel
coffee, pop, water
filing supplies
CCE Training MJ, TG
coffee, pop, water
coffee, pop, water
filing supplies
coffee, pop, water
filing supplies
network card
ext. Tube, ladder, poles, roof
pike pole, flathead axe
17
Total Mil LIFE
Paid Chk# 021130 3/7/2005 NEWMAN TRAFFIC SIGNS
E 101-43100-226 Sign Repair Materials
Total NEWMAN TRAFFIC SIGNS
Paid Chk# 021131 3/7/2005 NEXTEL COMMUNICATIONS
E 101-45100-323 Nextel Radio Units $40.33
E 101-41400-323 Nextel Radio Units $40.33
E 101-41400-323 Nextel Radio Units $40.33
E 101-42400-323 Nextel Radio Units $40.33
E 101-43100-323 Nextel Radio Units $40.33
E 601-49450-323 Nextel Radio Units $43.74
E 602-49400-323 Nextel Radio Units $40.33
E 101-43100-323 Nextel Radio Units $41.40
E 101-42400-323 Nextel Radio Units $43.78
E 101-41300-321 Telephone $49.29
E 101-43100-323 Nextel Radio Units $40.33
E 101-43100-323 Nextel Radio Units $40.33
Total NEXTEL COMMUNICATIONS $500.85
Paid Chk# 021132 3/7/2005 OFFICE MAX - A BOISE COMPANY
E 101-41400-200 Office Supplies (GENERAL) $13.41 574882
Total OFFICE MAX - A BOISE COMPANY $13.41
Paid Chk# 021133 3/7/2005 PITNEY BOWES ,
E 101-41400-413 Office Equipment Rental $102.00 0787150-FBO Postage Machine Rental
Total PITNEY BOWES $102.00
Paid Chk# 021134 3/7/2005 RUSSELL SECURITY RESOURCE INC.
E 101-41400-200 Office Supplies (GENERAL) $13.31 A7811
Total RUSSELL SECURITY RESOURCE INC. $13.31
Paid Chk# 021135 3/7/2005 SPRINT- MO
E 101-42400-321 Telephone
E 101-41940-321 Telephone
E 101-42400-321 Telephone
E 101-42400-321 Telephone
E 101-42400-321 Telephone
E 101-41940-321 Telephone
E 601-49450-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-42000-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-42000-321 Telephone
E 101-43100-321 Telephone
E 101-41940-321 Telephone
E 101-45100-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-41940-321 Telephone
E 101-42400-321 Telephone
E 101-41940-321 Telephone
Paid Chk# 021129 3/7/2005 Mil LIFE
E 101-45100-130 Employer Paid Ins
E 101-42400-130 Employer Paid Ins
E 101-43100-130 Employer Paid Ins
E 101-41300-133 Employer Paid Dental
E 101-41500-131 Employer Paid Health
E 101-41500-131 Employer Paid Health
E 602-49400-130 Employer Paid Ins
E 601-49450-130 Employer Paid Ins
G 101-21710 Other Deducations
Total SPRINT- MO
$3.90
$18.90
$18.00
$8.70
$4.80
$2.40
$3.90
$3.90
Emp Life Ins 03/05
Emp Life Ins 03/05
Emp Life Ins 03/05
Emp Life Ins 03105
Emp Life Ins 03/05
Emp Life Ins 03/05
Emp Life Ins 03/05
Emp Life Ins 03/05
Check Amt
$7.50
$72.00
Invoice Comment
Emp Life Ins 03105 Emp Port
$213.22
$213.22
Delineator buttons, EC film
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
file folders
keys made
$48.78
$50.23
$55.73
$104.17
$109.17
$149.32
$53.46
$48.78
$237.41
$41.44
$39.95
$39.95
$31.04
$30.00
$30.00
$29.43
$29.18
$48.78
$24.24
$48.78
$29.01
$1,278.85
497-7485
497-3758
497-7416
497-2068
497-5007
497-3384
497-1888
497-3106
taxes and Surcharge
497-4836
497-3145
497-0179
497-7474
497-0774
497-0452
497-2215
497-3758
497-4182
Idst
497-7416
497-4214
.
.
.
18
.
.
.
CITY OF ALBERTVILLE
03/02/05 4:30 P
Page
*Check Detail Register@)
March 2005
Check Amt Invoice Comment
Paid Chk# 021136 3nt2005 SUTHERLAND, JON
E 101-42400-208 Training and Instruction $10.00 Bldg Official Mtg
Total SUTHERLAND, JON $10.00
Paid Chk# 021137 3/7/2005 TOSHIBA AMERICA INFO SYS INC
E 101-41400-413 Office Equipment Rental $496.16 41380109 Copier Maintenance Agreement
Total TOSHIBA AMERICA INFO SYS INC $496.16
Paid Chk# 021138 3/7/2005 UNIVERSAL ENTERPRISES
E 101-43100-224 Street Overlayment $4,546.42 Pmt # 2 Final 2004 Street Over
Total UNIVERSAL ENTERPRISES $4,546.42
Paid Chk# 021139 3/7/2005 WRIGHT COUNTY MAYORS ASSOC.
E 101-41100-433 Dues and Subscriptions $150.00 annual dues
Total WRIGHT COUNTY MAYORS ASSOC. $150.00
Paid Chk# 021140 3/7/2005 WRIGHT.HENNEPIN COOPERATIVE
E 101-43160-381 Electric Utilities $53.44 50148552000 Street Lighting - 58-59-60 St.
E 601-49450-381 Electric Utilities $51.54 50150766000 towne Iks lift station
E 101-45100-381 Electric Utilities $154.40 50153592000 parks
Total WRIGHT-HENNEPIN COOPERATIVE $259.38
Paid Chk# 021141 3/7/2005 XCEL ENERGY
E 601-49450-381 Electric Utilities $223.01 17653298890 11200 60th St NE
Total XCEL ENERGY $223.01
10100 Premier Bank
$14,264.81
Fund Summary
101 GENERAL FUND
601 SEWER FUND
602 WATER FUND
10100 Premier Bank
$13,844.93
$375.65
$44.23
$14,264.81
19
.11. Bonestroo
e Rosene
. ~ An~JiI(&
1\1' Assoaates
Engineers & Architects
28 February 2005
Larry Kruse
City Administrator
City of Albertville
5975 Main Avenue N .E.
Albertville, MN 55301
RE: Topographic & Boundary Survey for the City Hall property
Below is our proposal for preparing a Topographic & Boundary Survey for the City hall property
and adjacent lots as described below in the City of Albertville. For the purpose of this proposal,
I am assuming that we will be doing all the tasks listed below for the entire site. Here is a
breakdown of the tasks with dollar amount.
.
. TOPOGRAPHIC & BOUNDARY SURVEY:...................................................$4645.00
o Elevations, contours, structures, roadways and utilities for city hall site and the
adjacent triangular lot to the south. Figure boundary, set missing property
comers. Property research in Buffalo at recorder's office for plats, right of way,
and parcel deeds. All mileage, materials misc. office supplies.
We propose to do this work under the cunent contract by our S1. Cloud office, BONESTROO
WILLIAMSON KOTSMITH, as additional services for a cost of $4,645.00. If the terms of
proposal are acceptable please authorize this work by signing the letter and returning a copy to
this office.
Larry R. Kruse
City of Albertville
Sincerely,
BONESTROO ROSENE ANDERLIK. AND ASSOCIATES
.
Mark C. Fo s
Project Manager
21
.
.
.
City of Albertville
MEMORANDUM
TO:
Mayor and City Council
FROM:
John Middendorf, Wastewater Department
DATE:
March 2, 2005
SUBJECT:
Wastewater Treatment Facility Report
WASTEWATER DEPARTMENT
In preparation of the Wastewater Treatment Plant Expansion we built carts to store the ultra violet
disinfection lamps. They are not used during the winter months and are stored indoors. The current
space they have been stored in will be needed for the expansion. The carts will also be helpful in
the transportation back to the UV channel. I have had questions on the current flows at the
Wastewater Treatment Plant. February average flow was 451,000 gallons with a maximum flow of
540,000 gallons per day. January had an average of 438,000 with a maximum of 522,000 per day.
December was 450,000 with a maximum of 534,000.
WATER DEPARTMENT
I have an update on how the radio read program is going. Since we started in May of 2004, Sean
and I have installed radio units on 100 new construction residential homes. We had updated 275
meters. We programmed radio capable meters and added the radio. We have done 25 complete
meter change outs. The plan was to update 258 radios capable meter or 135 complete meter
replacements per year.
I would like the Council to consider extending the water main on the north end of CR 19. I feel it
should be extended before the road is widened. The road is proposed to be widened per the 68th
Street Intersection.
JM:bm
23
~
· A.!l?.~l'!tlL€
Building Department
5964 Main Avenue NE. P.O. Box 9. Albertville, MN 55301
Phone: 763-497-5106. Fax: 763-497-2068
MEMORANDUM
DATE: March 2, 2005
TO: Honorable Mayor, City Council, and City Staff
FROM: Jon Sutherland, Building Official
SUBJECT: FEBRUARY 2005 MONTHLY REPORT
I am pleased to submit to you this monthly report of the activities of the Building and Zoning
Department for February 2005. A Highlight of the month was the receipt of the Insurance Service
Organization (ISO) analysis of our department and the good news that our classification improved.
The last time Albertville was rated by this service was in the year 2000. I have attached a flier and
the announcement from ISO. A full copy of the report is available at our office if you are interested
in reading it. Also attached are the Permit Activity Reports for the month.
.
Residential Construction Activity increased from January and consisted of7 new residential units
and 6 other various residential projects.
Commercial Construction Activity consisted mainly of 2 new tenant finish projects, any time
Fitness and MN Lighting and Fireplace. In addition, 27 miscellaneous permits were issued for
Signs, Plumbing, and Mechanical work. Total number processed @ 49 for the month with a permit
value of $2,077.096 and a year to date value @ $4,664,108.
Inspection Activity This and existing work in progress generated approximately 130 related
Inspections including Rental Licensing, Complaints and Zoning Enforcement.
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.
.
.
. Permits Issued Between 2/1/05And 2/28/05
Permit Date Paid Owner Site Address Est. Value
Number
25-029 2/8/2005 6558 Laketowne Place NE $0.00
25-038 2/16/2005 Tom Thielen 10313 KALI AVE NE $5,000.00
25-043 2/18/2005 Duane Trout 5131 KAHL AVE NE $6,200.00
Sum of Valuation: $11,200.00
Number of 3
Commercial
25-023 2/2/2005 Anytime Fitness 11011 61st Street NE $20,000.00
25-027 2/4/2005 Andy Savitski 11094 61st Street NE $300.00
25-041 2/16/2005 MN Lighting & Fireplace 6558 Laketowne Place NE $30,000.00
25-045 2/22/2005 MN Lighting & Fireplace 6558 Laketowne Place NE $2,500.00
25-046 2/24/2005 MN Lighting & Fireplace 6558 Laketowne Place NE $18,000.00
25-047 2/25/2005 Dave Bistodeau 6550 Lamplight Drive NE $8,000.00
25-048 2/25/2005 Dave Bistodeau 6550 Lamplight Drive NE $8,000.00
. Sum of Valuation: $86,800.00
Number of 7
Residential
25-022 2/1/2005 Daniel Monson 5019 LANSING AVE NE $5,000.00
25-024 2/4/2005 T/C Homes 5201 Kalenda Court NE $130,000.00
25-025 2/4/2005 T/C Homes 5205 Kalenda Court NE $130,000.00
25-026 2/4/2005 Karen nudeau 5562 LAKE AVE NE $2,700.00
25-028 2/9/2005 Majestic Builders Inc 5200 Kalenda Court NE $150,000.00
25-030 2/10/2005 Alpine Homes 6178 Kaitlin Avenue NE $180,000.00
25-031 2/11/2005 Rottlund Company 6581 Linwood Drive NE $107,199.00
25-032 2/11/2005 Rottlund Company 6583 Linwood Drive NE $107,199.00
25-033 2/11/2005 Rottlund Company 6585 Linwood Drive NE $107,199.00
25-034 2/11/2005 Rottlund Company 6587 Linwood Drive NE $107,199.00
25-035 2/14/2005 Marvin Ellison 6118 Kahl Ave $100.00
.
Thursday, March 03, 2005
Pagel of 2
29
Permit Date Paid Owner Site Address Est. Value .
Number
25-036 2/15/2005 Alpine Homes 10460 62nd Street NE $180,000.00
25-037 2/15/2005 Trent Greener 5487 KAHLER DR NE $0.00
25-039 2/16/2005 Dave Anderson 11704 EAST LAKETOWNE $370,000.00
DRNE
25-040 2/16/2005 Wayne & Tara Strang 11405 WEST LAKETOWNE $380,000.00
DRNE
25-042 2/17/2005 Greg Kassube 11423 60TH ST NE $0.00
25-044 2/18/2005 Gary Bozicevich 5479 MAIN AVE NE $20,000.00
25-049 2/28/2005 Donnie Scharber 5530 55TH CIR NE $2,500.00
Sum of Valuation: $1,979,096.00
Number of 18
Grand Total of $2,077,096.00
Total Number of 28
Thursday, March 03, 2005
Page 2 of2
.
.
30
.
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"!~~t!'!ilL€
City of Albertville
PERMIT ACTIVITY REPORT
FEBRUARY
YEAR:
2005
.
RESIDENTIAL
NEW CONSTRUCTION # PERMITS # UNITS VALUATION # UNITS VALUATION
INGLE F AMIL Y DETACHED 7 I 520,000 10 2 302,000
INGLE F AMIL Y A IT ACHED 4 428,796 7 750,393
WO FAMILY I DUPLEX 0 - 0 -
MULTIPLE F AMIL Y (3 OR MORE UNITS 0 - 0 -
RANSIENT HSG. (HOTELS I MOTELS) 0 - 0 -
SUBTOTAL 11 0 1.948 796 17 3.052.393
NON-RESIDENTIAL I # PERMITS I
NEW CONSTRUCTION # UNITS VALUATION # UNITS VALUATION
rOMMERCIAL (RETAIU RESTAURANT 0 0 2 960,000
OFFICE I PROFESSIONAL 0 ~ 0 ~
INDUSTRIAL 0 C 0 C
PUBLIC I SCHOOLS 0 C 0 C
UBTOTAL 0 - 2 960 000
RESIDENTIAL
ADDITIONS I ALTERATIONS # PERMITS VALUATION # UNITS VALUATION
ADDITIONS TO PRINCIPAL BUILDING 0 - 0 -
DETACHED ACCESSORY BUILDINGS 0 - 0 -
DECKS 0 - 0 -
WIMMING POOLS 0 - 0 -
lrnMODEL - MISC. RESIDENTIAL 6 38,800 9 49,750
I1EMODEL - MULTIPLE DWELLINGS 0 - 0 -
UBTOTAL 6 38,800 9 49 750
NON-RESIDENTIAL
o\DDITIONS I ALTERATIONS # PERMITS VALUATION # UNITS VALUATION
~OMMERCIAL (RET AIU RESTAURANT 2 38,000 5 560,665
:>FFICE I PROFESSIONAL 0 -
[NDUSTRIAL 0 -
PUBLIC I SCHOOLS 0 -
DETACHED ACCESSORY BUILDINGS 0 -
IGNAGE 3 16,300 6 41,300
UBTOTAL 5 54.300 11 601965
DEMOLITIONS I MOVE BUILDINGS # PERMITS VALUATION # UNITS VALUATION
RESIDENTIAL DWELLINGS 0 - 0 -
NON-RESIDENTIAL DWELLINGS 0 - 0 -
MOVE BUILDING - RESIDENTIAL 0 0 -
THIS MONTH
YEAR TO DATE
.
31
6UBTOTAL I 0 - 0 -
# UNITS
# PERMITS VALUATION PERMITS VALUATION
TOTAL 22 0 39 4664.108
THIS YEAR - TO-
PERMIT COUNT MONTH DATE VALUATION
BUILDING 22 39 2,041,896
FENCES & RETAINING WALLS 0 0 0
PLUMBING II 19 0
MECHANICAUFIREPLACE 16 24 35,200
GRADING 0 0 0
S & W STREET EXCA V., FIRE, ETC. 0 0 0
rrOTAL 0 33 2,077 096
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1ft NOImtCAHALSTREET SUITE..... CHICAGO.IL....7270
TEL: (312) 83IklO7V (100) .........r:AX:(J12) I3000017
February 15,2005
Mr.Latry Kruse
Administrator
City of Albertville
5975 MainAvenueNE, P.O. Box 9
Albertville, MN 55301
RE: Building Code Effectiveness Grading Schedule
Albertville, Wright County, Minnesota
Dear Mr.Krose:
lQc~ll-';;-
fl' . ~lJ
cO 7?
lJ~l~ 2005
~ lltspectiOl18
We wish to thank you and Jon Sutherland for the cooperation given to our representative,
Valerie Fettig-Mosby, during ourrecent$Ul"Vey. We havecompJeted out analysis of the building
codes adopted by your community and the efforts put forth to properly enforce those codes. The
resulting Building Code Effectiveness GradingCl8$sification is 4 fOJ" 1 and 2 family residential
property andAfor commercial andindustriaJ property.
The Insurance Services Office, Inc. (ISO) is an insurer-supported organi~ation with the primary
mission of providing advisory insurance underwriting and rating infonnatioJl to insurers. There is
no requirement that.insurersuse our advisory material. Insurers may have adopted, or may be in the
process of adopting, an ISO insurance rating program that will provide rating credits to individual
property insurance policies in recognition of community efforts to mitigate property damage due to
naturaldiSa8ters. These insurers may use the Building Code Effectiveness Grading Classification
we have recently developed. fot your community as a basis for the credits used. While individual
insurers may use different credits or different effective dates, the ISO program will apply credits to
new construction within Albertville that has been issued a Certificate of Occupancy in the year
2004 and forward.
We have attached a copy of our report which provides additional information about our
classification process and how we have graded various aspects of your community's building codes
and their enforcement.
We want 10 highlight the fact that the 13uilding Code Effectiveness Grading Schedule is an
insurance underwriting and informationtool; it is not intended to analyze all aspects of a
comprehensive building code enforcement program nor is it for purposes of detetmining compliance
with any state or local law or for making property/casualty loss prevention and life safety
recommendations.
P(S=# t ~1
33
~
Mr. Larry Kruse
February 15,2005
Page 2.
If you have any questions about the Classification that was developed. please Jet us know.
Additionally, if you are planning on any future changes in your building codes .or their enforcement.
please advise us as these changes may affect our analysis and your community's grading
classification.
Sincerely,
tJ3uiUing Cotfe tJ)epartment
Building Code Department
(800) 930-1677 ex~. 6208
(312) 930-0038 fax
.'
Enclosure
cc: Jon Sutherland, Building Official w/enclosure
PG*zqi
34
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BUlLDINGCODEUFEcnVENESS GRADING SCHEDULE
(NTJt.ODUcnON
The purpose of the Building CodeE!fectivcnes$ Grading Schedule is td review the available public building code
enforcement agencies and to develop a Building Code EffectiveOC$$ ~llSSification for inSuranee underwriting
information and rating purposes.
The Schedule measures lite .-esources and support available for building code enfotc:entent. It also evaluates hOW
those resources apply to the mitigation of the natural bazards common to lite speoific jurisdiction. These
measurements are then developed into a Building Code Effectiveness Classification number on a l"elative scale from
1 to 10, with 10 representing less than the minimum recognized proteCtion.
~ Schedule is an insurance un(kltwrlting information and rating tool. It is not intended to analyze aU aspects ola
comprehensive building code enforcement progratn. It is n~ for purposes of determining cl>mpliance with any state
or local. law orr:egulation, nor is it for malting property/casualty loss prevention or Ufesafety recommendations. It
should not be used fOr purposes other than insurance underwriting information and rating.
~ Building Code Effectimtess Classifications developed through the use of this Schedule are only one of several
elements used to develop insurance rates for individual properties. Other.features specific:ally relating td individual
properties sucb as construction, occupancy, Andel(.poSute5 ha\le similarimpottance in the development of these-
rates.
The Schedule is divided into ~ sections:
Administration of Codes:
Thissecuon evaluates the administrative support available in. the jurisdiction for code enforcement, (tlooks for
adopted building codes and modifications of those codes through ordinan<:e, code enforcers qualifteauQlls,
experience and educatiQll, zoning provisions. contractorlbuilderlicensing requirements, public awareness programs,
the building department's panicipation in code development activities and the administrative policies and
procedures..
Plan Review:
This section asseSSClS the plan review function. t~ determine the staffing levels. personnel experience, perfonnllflCC:
evaluation schedules, review capabilities, and level of review of constr'UCtion documents for complianCe with the
adopted building code fQr the jurisdiction being graded.
Field Inspec:tion~
This section eval1.latesthefield inspection function to determine the staffing levels, personnel experience.
performance evaluation schedules, review capabilities. and tev!:l of review of building c:onstrUCtiOft for compliance
with the adopted building code for the jurisdiction bl:inggraded.
The attached "I - and 2 . family Classification Details" identify the subject matter. maximum points achievab~ and
the points obtained in the review of your community. thiS information is provided to you without recommendation
and is for YOUf use in understanding the details of the meas~ent of your building code enfotcententactivities in
relationship to the Building Code Effectiveness Grading Schedule.
P61f- ?>rJt 1
35
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Building Code Effectiveness
Classifications
Building-code informationfor residential and commercial properties
N..ot all com munities have comp. rehensive building
codes, nor do all communities enforce their codes
with equal commitment Yet the effectiveness of
local building codes can have a profound effect on how
the structures ina community will perform in a hurricane,
earthquake, or other natural diSaster.
After Hurricane Andrew, photos taken in several parts of
south Florida showed homes on one side of a street com.
pletely destroyed, while homes on the other side were still
standing. Later inspections revealed that, in many cases,
construction of the destroyed buildings was well beloW
the standard required by the building code in effect. And
several industry studies suggest that total losses might have
been as much as 50% less if all structures in the area had
met the building codes in effect at the time.
Building-code enforcement can have a major influence on
the economic well-being of a. municipality and the safety of
its citizenS. How can you determine the effectiveness of
building-code enforcement in your community?
City offieials use lhe comparative analysis !rem Ibe BCEGS reporls 10 supplement
Iheir understanding of their buildlng.eode ..nloreemenl semees.
Q ISO Properties, Inc.. 2003. ISO is a registered trademarkot ISO Properti~, Inc.
ComlllllJllttes with pOOrly entlll'Cld IIlIIltflng c:odll are al greamtlsk IlIr ecollOl1llc
lOll and Cllttstroph.",.,etI Jlam..e.
BULDJ~G CODE EFFECTI\L\ESS GRADi:\G
:'Ie HEDliLE (BCEG:S)
The Building Code Effectiveness Grading Schedule
(BCEGS) is a classification system that measures building-
code enforcement in communities. ISO worked with
m()del~code orglUlizations, insurer gro\lps, educators, and
building officials to develop the schedule.
ISO is an independent statistical, rating, and advisory
organization that serves the property/casualty insurance
industry. ISO collects information on a community's
building-code adoption and enforcement practices, analyzes
the data, and then assigns a Building Code Effectiveness
Classification from I to 10. Class I represents the most
favorable classification.
BCEGS can help evaluate a community's building-code
enforcement services. The program provides objective,
countrywide criteria for agellcies to use when preparing
and budgeting for plall review, inspection services. public-
relations activities, and training efforts.
p,,~ 4 of 7
36
MunlCipalllles with we"-enforced, up-tlHlalebuildingcocles minimize
calaslnJphe.relat*d damage and ultimate" tower Ill$urance com.
".~: .. ~:'. F "\0 "
The concept behind BCEGS is simple.
Municipalities with well-enforced, up-to-date codes
demonstrate better loss experience, and their citizens'
insurance rates can reflect that. The prospect ofminimiz-
Ing catastrophe-related damage and ultimately IQwering
insurance costs gives communities an incentive to adopt
building codes. enforce their building codes rigorously,
and hire qualified professional employees.
BCEGS assesse$ the building codes in effect in a particular
community. The prc:>gram also evaluates how the commu-
nity enforces its building codes. with special emphasis on
mitigation of losses from natural hazards. ISO does not
charge the community to participate in the program_
ISO collects intormation on building-code adoption and
enforcement services by distributing a detailed question-
naire to the communjty's building offici:U. Once the
qUC$tionnaire is complete. ISO arranges for a trained field
representative to meet at the community site with the build-
ing of Tidal. Together. the ISOrepresent:ltive and building
o tficial review and verify the community's capabilities.
Each review uS11:\lly takes between two and four hours.
The ISO field representativc thcn tabulates the points
sc;llred II)" the various subject areas analyzed. Thetoml
sc~)re dctermincs the c;()i'lJnllrnity's Buildihg (ode
Etlcctiveness Classific:ltion.
ISO notifies each communityoflhe results of the cvalua~
tion before distributing lhed,lssific;ation tt) insurers. The
notification letter includes comprehensive details of the
evaluation, outlining the score in each category.
g :. -: !... yO i { ~ 1~'::- ~ =___ '.
The BCEGS analysis focuses on three critical areas; ,
Administration of codes. including:
iJ building-code edition in use
J modification of the codes
:1 zoning provisions to mitigate natural haz;'irds
11 training of code enf()rcers
I certification of code enforcerS
~1 incentives for outside education certifications
qualifications of building officials
contractor!builder licensing and bonding
! public-awareness ['rograms
'J participation in code~developmel1t activities and the
appeal process
Review of building plans. including:
1 staffing levels
'1 reviewer qualifications
1 level of detail within plan review
~ performance evaluations
1 review of plans for residential. multifamily. and
commercial buildings
Review of field inspecthms. including:
d statTing levels
iJ inspector qualifications
J level of detail in field inSPections
'J performance eyuluations
:i final inspections
... issuance of certificates of occupancy
In addition, ISO collects underwriting information.
including natural hazards common 10 the area, the. number
of inspection permits issued the number of inspections
completed, th~ b\lilding departm~nt's funding mechanism
and date of~stablishment, the size and population ofth~
jurisdiction. and thefdirmarket value of aU buildings.
~G~ 50f 1
37
BCEGS AND PROPERTY OWNER
INSURANCE PREMIUMS
ISO serves the property/casualty insurance industry by
classifying a community's code adoption and commitment
to enforcement. Insurers can use aCEGS results as an
undelWriting tool to help establish appropriate insurance
premiums for residential and commercial properties.
ISO has extensive information on more than 5,000
building-code enforcement agencies. Insurance companies
get reliable, up-to-date inforrnationabout a municipality's
building-code adoption and enforcement services.
ISO provides insurers with aCEGS classifications, BCEGS
advisory credits, and related underwriting information.
Any building consttticted in the year ISO classifies a com-
munity, or in a later year, may be eligible for the insurance
rating credits contained in thep1'Qgram.
ISO slalf members worlc with local building omcialslodttermlne a community"
BCEGS classificatiDn. ISO ''''d repl'I88nla1fVeJ mayvl$n COIJIInlcUDn sItn whb
bulld'ng Gmcla" during tile review process.
REE\ALUATlNC .-\ eOi\nlUSITY'S BeEGS
CLASSJ FlCATlON
Our trained field representatives evaluate communities at
approximate fIVe-year intervals. However, ISO will survey
a community sooner if its building-code enforcement
agency l1as made significant changes ,- or when a com-
munity requests a resurvey.
By encouraging property insurance premium discounts
for communities witl1 better performance, the BCEGS
program provides rewards to communities that choose to
improve their building-code enforcement efforts.
A PROGRANI WI1H .)-IANY8E~EFITS
Communities that participate in the BCEGSt>rograrn enjoy
many benefits. Those benefits include:
. promoting eonstttiction of damage-resistant buildings
. improvingsafery ofbuiIdingoccupants
. minimizing economic and social disruption resulting
, from cataStrophic events
. promoting good public policy
In addition, the Federal Emergency Management Agency
(FEMA) uses a community's Building Code Effectiveness
Classification to determine eligibility for federalmitiga-
tion programs.
The BCEGS Prtlgrarn recognizes aCOlJlIIlonity'scommit~
ment to building-code adoption and enforcement and
promotes mutually beneficial relationships among commu-
nity leaders, private citizens, building-code enforcement
agencies, and insurers.
r- ( )~) (i \, ~ R ~ I f'J f : ' [ " I ;, r I ) r J l, I: ll1 '~'J
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.
WWW.lso.com
~(;-~ bof 1
38
For more information . . .
. . . about ISO's BCEGS program, call 1-800-444-4554. You can also reach us by fax
at 1-800-955-2422.
If you'd like to speak with an ISO representative about this or other ISO services,
please contact the ISO office nearest you.
EASTERN REGIONAL PROCESSING CENTER
48 Eves Drive, Suite 200
Marlton, NJ 08053.3112
1-800-444-4554 Option 2
Phone: 856-985-5600 Ext. 403
Fax: 856-985-6491
E-mail: isp_east@iso.com
Seniing: Alabama. Conn$Ctlcot, Deliiware, Florida, Georgia,
Kentucky, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, NeW York, North Carolina,
Ohio, Pennsylvania, RhOde island, South Carolina,
Tennessee, Vermont, Virginia, West Virginia
WESTERN REGIONAL PROCESSING CENTER
111 North CanalSt.,Soite 950
Chicago. IL 60606-7270
1-800 ... .l554OPtion 2
Phone: 312-930-0070
Fax: 312-930-0017
E-mail: iso_west@iso.com
~jhg: Alaska, Arizona, Atkiinsas, California, Colorado.
Illinois, Indiana. Iowa, Kansas, MiChigan, Minnesota,
Missouri, Montana, North Dakota, Nebraska, Nevada,
New Mexico, Oklahoma, Oregon, SouthOakota. Utah,
Wiseonsin,.Wyoming
TEXAS OPERATIONS CENTER
3000 South IH - 35, Suite 225
Austin, TX78704-6536
1-800-444-4654 Option 2
Phone: 512-440-9900
Fax: 1,800-736-3289
E-mail: iso_texas@iso.com
Serving: Texas
Or,
Phone:
Fax:
E-mail:
World Wide Web:
Write:
1-800-888-4476
201-748-1472
info@iso.com
www.iso.com
ISO - Customer Service Division
545 Washington Boulevard- Jersey City, NJ 07310-1686
~"~.Iof
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TO:
FROM:
DATE:
City Council
Tina L. Lannes
March 3, 2005
Accounts Receivable Update
RE:
Total accounts receivable billed through February 2005, since the City of Albertville has set up the
billing/invoicing system software is $1,380,468.26. Of that amount, staffhas collected $585,830.58
as of February 28,2005. The remaining amount outstanding is $794,637.68.
The percentage of the total due based on the aging report is as follows:
0-30 days outstanding
30-60 days outstanding
60-90 days outstanding
Over 90 days outstanding
$74,246.49
$664.54
$19,642.24
$699,814.31
9%
1%
3%
87%
84% of the receivables outstanding are Pilot Land Company, Edina Development and Kent Roessler
plus another 4% is due to WAC charges that were calculated incorrectly for Spectators, Cobom's
and H.J. Development. These issues are currently being worked on to date, but they account for
88% of the total outstanding. Please see attached spreadsheet for details.
Most vendors and developers are paying in a timely manner and are charged interest/penalty for late
payments. Staff is happy to report that minus the issues stated above with the few developers, the
total amount outstanding for more than 30 days is $10,653.28, which is 2%.
41
'or Billing Invoicing System $312.989.68 $0.00 $0.00 $0.00 $0.00 $0.00
f\CE PROPERTY MANAGEMENT $1,481.30 $206.00 $206.00 $0.00 $0.00 $0.00
ALBERTVILLE ORTHODONTICS $423.60 $423.60 $423.60 $0.00 $0.00 $0.00
ALBERTVILLE PLAZA $988.00 $988.00 $988.00 $0.00 $0.00 $0.00
ALSHOUSEPROPERTIES $591.00 $110.00 $0.00 $110.00 $0.00 $0.00
BUFFALO BITUMINOUS INC. $100.00 $100.00 $100.00 $0.00 $0.00 $0.00
CASCADE II LAND COMPANY $14,167.85 $30.00 $30.00 $0.00 $0.00 $0.00
COBORN'S $11,487.26 $10,987.26 $0.00 $0.00 $0.00 $10,987.26 WAC
CPG PARTNERS $2,483.90 $104.00 $44.00 $0.00 $60.00 $0.00
EDINA DEVELOPMENT $318,307.65 $279,592.96 $7,044.30 $0.00 $11,243.22 $261,035.34 EDINA
H.J. DEVELOPMENT $10,175.29 $5.798.50 $0.00 $0.00 $110.00 $5.688.50 WAC
HOUSEHOLD FINANCIAL $100.00 $100.00 $0.00 $0.00 $0.00 $100.00
JOINT POWERS BOARD $500.00 $500.00 $500.00 $0.00 $0.00 $0.00
KENT ROESSLER, LLC $2,233.30 $2,233.30 $0.00 $0.00 $0.00 $2,233.30 Pilot
KIKO WALTER $114.85 $114.85 $0.00 $0.00 $0.00 $114.85
LEE, FONG AND SILVIA $100.00 $100.00 $0.00 $0.00 $0.00 $100.00
LEUER-MUNSTERTEIGER
PROPERTIES $1,271.91 $379.99 $303.28 $0.00 $76.71 $0.00
OLDCASTLE GLASS ALBERTVILLE $2,242.00 $2.242.00 $2,242.00 $0.00 $0.00 $0.00
PETERSON, JOSH $799.87 $799.87 $0.00 $0.00 $0.00 $799.87
LOT LAND DEVELOPMENT $406,815.19 $406.815.19 $2,822.50 $0.00 $0.00 $403,992.69 Pilot
RAUGHT, STEVEN & MICHELLE $200.00 $200.00 $0.00 $0.00 $0.00 $200.00
PROPERTY VISION, INC $100.00 $100.00 $0.00 $0.00 $0.00 $100.00
S.E.H. $1,030.42 $80.56 $80.56 $0.00 $0.00 $0.00
SHOPPES AT PRAIRIE RUN - FINKE $6 256.61 $6,256.61 $770.00 $0.00 $5,486.61 $0.00
SHOPPES AT TOWN LAKES $4,737.31 $3,397.23 $2,842.69 $554.54 $0.00 $0.00
SHOPPES AT TOWNE LAKES ONE $14071.50 $30.00 $0.00 $0.00 $30.00 $0.00
SPECTATOR'S GRILLE & BAR $14,817.50 $14,317.50 $30.00 $0.00 $0.00 $14,287.50 WAC
STUROS, SUE $120.00 $120.00 $120.00 $0.00 $0.00 $0.00
TOWNE LAKES $49,202.91 $4,815.42 $4,815.42 $0.00 $0.00 $0.00
UNITED PROPERTIES $2.00 $2.00 $0.00 $0.00 $2.00 $0.00
WASHINGTON MUTUAL $75.00 $75.00 $0.00 $0.00 $0.00 $75.00
WOODSIDE COMMUNITIES $54.181.51 $619.14 $619.14 $0.00 $0.00 $0.00
WOODS TONE BUILDERS, INC. $2,615.20 $2,615.20 $92.50 $0.00 $2,522.70 $0.00
WRIGHT COUNTY HIGHWAY DEPT. $61000.00 $50.000.00 $50,000.00 $0.00 $0.00 $0.00
WRIGHT-HENNEPIN ELECTRIC $1,447.30 $21.00 $0.00 $0.00 $21.00 $0.00
YEARWOOD DEVELOPMENT $1,767.90 $262.50 $172.50 $0.00 $90.00 $0.00
Total $1,380,468.26 $794.637.68 $74,246.49 $664.54 $19,642.24 $699,814.31
otal Billed (Through 2/05) $1,380,468.26
43
Total Collected (Through 2/05) $585,830.58 .
Current 0-30 dayS $74,246.49
30-60 days $664.54
60-90 days $19,642.24
over 90 dav $699,814.31
Total outstandinl!: less Edina & Pilot $105,996.23
Total outstanding less Edina & Pilot &
WAC issues $80,721.47
Total outsandind less Edina & Pilot &
WAC more than 30 dayS $10,653.28
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MEMORANDUM
Date: March 4, 2005
To: City Council
From: Larry R. Kruse, City Administrator
Re: General Update
1) Fire Department ISO Audit: Steve Long has met with the ISO representatives and we are
proceeding to request an ISO Audit. We anticipate the audit will be completed within 90 days.
2) Fire Department Harassment Training: Chief Long will provide us with a date for training in
early summer, as they are booked heavily through the spring for training.
3) Fire Department/Staff meeting with Otsego: Staffwill be meeting with Otsego Staff to
coordinate a number of issues including updating service area maps, maps of newly developing
areas, identifying protocols for using their new water system in the winter, site review for
adequate turning radiuses for fire trucks and more.
.
4) New face at City Hall: We have another new employee at City Hall. We've expanded out
document scanning department adding Jody Kocisko to our staff. Jody started work about a
month ago and is focusing on scanning the active building inspection files in advance of the
Building Department moving over to City Hall. If all goes well, when Jon and Tori join us, they
will have an almost entirely paperless system, with the exception of the plans. Jody comes to us
by way of Minnesota Job Training at no cost, with the goal to provide her with on-the-job
training skills. Jody will be with us for a couple months. Please stop by on Tuesdays and
Thursdays and say hi to Jody.
5) 1-94 Federal Funding: I received a call from Mark Matuska stating that Congressman
Kennedy was successful in getting $1 Million dollars designated in the House Transportation
Bill. From here it will go to conference committee to be worked out with the Senate. The funds
are specifically for engineering and design.
6) Building Department Re-Iocation: I anticipate the new furniture for the office will be here
within the next few weeks. Weare in the process of digitally scanning all of the active
residential building files, and that will allow us to have virtually a paperless record system, with
the exception of the larger plans. Our next step is to scan our active commercial files. In the
mean time we are getting computer and phone systems in place for the change.
.
45
7) Finance Reports: In your packet you will find an Accounts Receivable Dating Report that you .
may find helpful. I will gladly walk through this report at the meeting, but in essence, other
than Pilot and Edina Development, receivables are being managed well.
8) 2004 Audit: The field work is completed and our agreement with KDV is to present this to the
Council in April. In the past, Albertville's audit was usually done after the June deadline, and
now we will be one of the first Cities done.
9) 70th Street Transportation Study: Assistant Engineer Bob Moberg has completed
Albertville's portion of the 70th Street Transportation Study including some information on
anticipated trip generation in the neighborhood and recommended streets and access points in
and along 70th Street. The information has been given to Otsego's engineer to formally write up
the report. Once the report is drafted, both councils will give additional input prior to the final
draft being presented to Wright County for a more detailed discussion.
10) Response to Mayor's question regarding two liquor violations in January Sheriff's Report:
One was inadvertently miscoded and it was a traffic stop involving liquor and the other was an
intoxicated gentleman peeing in the Culver's Parking lot.
11) 50th Street Trail: Letter requesting liquidated damages and schedule for completing the trail
has been mailed to Buffalo Bituminous.
12) LeCentre Sidewalk: Default letter has been mailed to Rolstad Construction and their Bond .
Company to complete that section of sidewalk.
13) Shoppes at Towne Lakes One - Request to allow a bank instead of a restaurant. Received
a letter from Daniel Temple requesting the City modify the Condition Use Agreement to allow a
bank to locate on Lot One instead of the restaurant that was planned. Staff met with the
developers and outlined the City's desire for additional restaurants. The developer may be able
to show that the lot was not well planned to accommodate a restaurant due to parking issues and
traffic circulation and think they can do a better job on another lot. More information is
forthcoming.
14) Albertville Primary School Agri-Iime payment: We have learned that the $14,712.24 Agri-
lime payment to Fehn Construction will be partially reimbursed by STMA in the amount of
$9,712.24. A billing has been forwarded to the STMA. The City's responsibility of $5,000 was
approved in September of 2004.
15) Prairie Run: Fehn's are preparing to do the materials investigation (asbestos) on Bob Heuring's
barn. The amount is $1,100 and I have authorized them to proceed and then S.E.H. will come
back with a Change Order for the cost to remove the barn. All of these amounts will be assessed
back to the project at no costs to the City.
16) Albert Villas: A new punch list has been developed for all work yet uncompleted with the
exception of the wetland issues. Wetland issues are being handled by the Soil and Water .
Conservation District.
46
- 17) CSAH 37 Neighborhood Trail Meeting scheduled for March 24th 5:00 p.m. Notices will be
going out shortly.
18) Hunter's Pass Development:
a. Mud Lake Water Line Soil Testing: Testing is complete and the report should be back
in a couple weeks. Our next step is to have an engineer complete plans and
specifications for bidding.
b. Hunter's Pass Estates Lift Station: The Developer's engineer is looking for some
direction on who is going to proceed with design of the lift station.
c. Hunter's Pass Development Agreement: The Developer is anxious to begin and is
waiting for us to identify how much they will have to contribute towards 70th Street &
MacIver. We are working with Otsego to identify the type of improvement on 70th
Street (i.e. the cost) and an equitable contribution to MacIver.
-
d. At this point, we may want a petition from Hunter's Pass Developer and increase the
escrow account until the specific terms are identified in the Developer's Agreement. I
anticipate identifying a financial contribution and working out the details with Otsego in
the next month or so. Ifthe Developer wants us to begin the design and specifications for
bidding sooner, then I would recommend them increasing the escrow amount to cover
the anticipated costs. Keep in mind that the lift station and the trunk water line cost will
be born by our SAC and water trunk fund.
19) Public Works Building: S.E.H. is going to be getting a letter to complete the punch list items,
and if they don't comply then we would proceed to hire another contractor to complete the work
and the cost of the work deducted from Ebert's contract. Mayor Peterson has suggested an open
house during Friendly City Days.
20) Codification: We continue to work with the consultant to complete this project.
21) Edina Development Lawsuit: City Attorney Couri is nearing completion of the complaint
which is an extensive list of items that need to be completed along with payment of outstanding
developer fees.
22) New Castle Glass: We have a challenging project before us. New Castle wants to expand and
needs several major variances. Virtually, they want to build on over 90% of their property. We
are working very hard to accommodate them, however, it is a challenge. With the expansion,
we are addressing noise issues with the neighbors and trying to incorporate screening. Weare
also looking at what incentives might be available to relocate the company to a new site. They
currently employ 108 employees working multiple shifts.
e
47
. 17) CSAH 37 Neighborhood Trail Meeting scheduled for March 24th 5:00 p.m. Notices will be
going out shortly.
.
.
18) Hunter's Pass Development:
a. Mud Lake Water Line Soil Testing: Testing is complete and the report should be back
in a couple weeks. Our next step is to have an engineer complete plans and
specifications for bidding.
b. Hunter's Pass Estates Lift Station: The Developer's engineer is looking for some
direction on who is going to proceed with design of the lift station.
c. Hunter's Pass Development Agreement: The Developer is anxious to begin and is
waiting for us to identify how much they will have to contribute towards 70th Street &
MacIver. We are working with Otsego to identify the type of improvement on 70th
Street (i.e. the cost) and an equitable contribution to MacIver.
d. At this point, we may want a petition from Hunter's Pass Developer and increase the
escrow account until the specific terms are identified in the Developer's Agreement. I
anticipate identifying a financial contribution and working out the details with Otsego in
the next month or so. Ifthe Developer wants us to begin the design and specifications for
bidding sooner, then I would recommend them increasing the escrow amount to cover
the anticipated costs. Keep in mind that the lift station and the trunk water line cost will
be born by our SAC and water trunk fund.
19) Public Works Building: S.E.H. is going to be getting a letter to complete the punch list items,
and ifthey don't comply then we would proceed to hire another contractor to complete the work
and the cost of the work deducted from Ebert's contract. Mayor Peterson has suggested an open
house during Friendly City Days.
20) Codification: We continue to work with the consultant to complete this project.
21) Edina Development Lawsuit: City Attorney Couri is nearing completion of the complaint
which is an extensive list of items that need to be completed along with payment of outstanding
developer fees.
22) New Castle Glass: We have a challenging project before us. New Castle wants to expand and
needs several major variances. Virtually, they want to build on over 90% oftheir property. We
are working very hard to accommodate them, however, it is a challenge. With the expansion,
we are addressing noise issues with the neighbors and trying to incorporate screening. We are
also looking at what incentives might be available to relocate the company to a new site. They
currently employ 108 employees working multiple shifts.
47
23) Document Scanning: We are making significant progress scanning records into electronic .
format. This effort will involve a lot of time initially and will be ongoing for several years
before it become a more routine function of the office.
24) Radio Read Installations: Winter has proven to be a little slower for installations. Currently we
have about 20% of the installations completed. John and Sean have been doing a good job with
that project.
25) Linwood Park?? Dave Hempel is looking for a name for the park in Towne Lakes 5th Addition
next to the roundabout. Any suggestions?
26) Late Agenda: Sorry for the late agenda. Publication of the newsletter usually stresses the copier
and it usually breaks down at the most un-opportune times. It appears the copier struggles with
that high of a volume of materials. As requested, we are evaluating if it is more cost effective to
have it printed elsewhere. The newsletter was delayed too with the breakdown, but is in the
mail.
27) Washington 1-94 Lobby Trip: The Tinklenberg Group is making arrangements for a quick trip
to Washington DC sometime in the middle of April. Mayor Peterson and I are planning to go
and if other want to attend, please let us know. It will most likely be a whirl-wind trip out and
back the day later.
28) Vandalism: The Wright County Sheriffs Office reported children 10, 12, 14 and 16 years old .
painted graffiti under the CSAH 19 - 1-94 bridge, on vehicles, traffic signs and elsewhere. They
were caught and most likely will be prosecuted. Activities involved want-to-be gang activity.
.
48
.
.
.
_~,rv~j", . Wright qountySurveyor
flt~. . \ Jerome C. Wlttstock, PLS
tx . .... .. ......1 Public Works Building
" 1iII. .. > ... Iff. 1901 Hwy. 25 North
'\ ..... .,.If Buffalo. MNJ5313
.~. ... ..}..I Phone) (763) 682-7691
· 1.~" '... . . . . Fax.: (763) 682-73f3
.. . Emall: Jay. Wzttstoclc@co.wnght.",n.us
January 25, 2005
Mr. Larry Kruse
City Administrator
City of Albertville
5975 Main Ave. NE
Albertville, MN55301
RE: Partnership in starting an Aerial Photography Program in 2005
Mr. Kruse,
Thank you to those of you who attended the TechnolOgy meeting on January 19 at the Government
Center. As you saw, the Government-to-Government Web Portal, available to the cities, is developing
and contains information that both County and city staff find useful. Please keep in mind that this is
for government agencies only. A Government-to-BusinessWeb Portal is in the development. If you
need acceSS information, the Wright County IT Department is the point of contact (763) 682-7315.
As We discussed at the meeting, I developed a proposed formula for the dties to share $25,000 of
$45,000 needed to add the aerial photography to the Parcel Viewer application that would also be
available for other projects In the County/cities. I conSidered the land area allocation, but it seemed
to discriminate against the cities with fixed city boundaries versus those that are annexing apiece at
a time. I then considered the number of parcels benefiting from the aerial photography. Based on
these two percentages, I aSSigned a weight to each city and proportiOned the cost according. The
results are contained in Attachment A. I have also attached a proposed SCope of Services for the
aerial photography and sample photography resolutions for your information (I-foot is proposed).
Bill Swing is developing the Partnership Agreement for those that wish to take advantage of the
Government-to-Government Web Portal and the free exchange of technology and data between the
County, cities, school districts, and other governmental agendes. Bill and I are planning on attending
the February 3 meeting at Wild Marsh to further discuss the Agreement and photography.
49
':'
Attachment A
Tabulated Results of the Cost Share Proposal:
.
u
CITY OF ALBERTVILLE
CITY OF AN NAN DALE
CITY OF BUFFALO v-
CITY OF CLEARWATER
ITY OF COKATO
CITY OF DAYTON
CITY OF DELANO v
CITY OF HANOVER
CITY OF HOWARDLAKE./
CITY OF MAPLE LAKE
CITY OF MONTROSE
CITY OF ROCKFORD
CITY OF ST MICHAEL V-
CITY OF SOUTH HAVEN
CITY OF WAVERLY
CITY OF OTSEGO
CITY OF MONTICELLO v
Total
7%
4%
16%
2%
4%
0%
6%
2%
3%
3%
3%
3%
18%
0%
2%
15%
12%
100%
IS~_
4.3%
2.5%
9.2%
1.4%
1.4%
0.1%
2.6%
2.7%
2.4%
1.7%
1.5%
1.4%
33.0%
0.6%
1.5%
27.6%
6.3%
100.0%
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 657.89
$ 2,631.58
$ 2 631.58
$ 25,000.00
1 973.68
1 315.79
2,631.58
657.89
1 315.79
1,973.68
1 315.79
1 315.79
1 315.79
1,315.79
1,315.79
2.631.58
.
.
50
.
.
.
Scope of Services
2005 Digital Orthophotography
Purpose
Wright County, Minnesota is soliciting proposals to acquire spring 2005 digital orthophotography of
the County, COmprising roughly 829 square miles with a buffer.
Back9fOlJnd
Historically, Wright County has obtained photography atvarying time intervals produced on a section
basis and delivered on mylar media. . With the advent of GIS and web mapping, digitalinfQrmation is
needed.
Project Descriotion
Project Area: WrightCoynty, Minnesota with an approximate one-mile buffer
Photography: Mapping scale of 1"=200' with a one-foot pixel resolution
· True color .
· Spring of 2005
· Leaf-off
· Snow-free
I!I Cloud-free
COntrol: Airborne GPS (Global Positioning Systems) and IMU (Inertial Measurement Unit) systems
or. equivalent technOlogy/methodology to meet specifications.
Projection: Wright County Coordinates, NAQ83/1996 adjustment, Feet
OEM: The USGS 30-meter OEM is the best-known OEM available
Resolution: Pixel = 1 foot or finer
Ale format: MrSID and GeoUFF
Horizontal Meet or exceed N~tional Standclrd for Spatial Data Accuracy of 7.68 feet
Acc\.Jraey: horizontal acclIracy at 95% confidence (Nationcll. .Map Accuracy Standard
@ 1:2400 scale, 90% of well-defined points fall within 6.67 feet)
Deliverables
1 set of Digital Orthophotography on CD-ROM or DVD
Metadata
Information: 1) Tested Horizontal Accuracy Statement
2) Uneage, including, but not limited to: flight height, photo acquisition dates (and
reflights If any), overlap, side lap, number of flight lines, number of exposures,
direction of flight lines, control, resolution, tiling scheme, file sizes, description of the
process used to create digitalorthophotos, source of OI;M, etc.
3) Spatial reference information: projection, ellipsoid, horizontal and vertical datum,
horizontal and vertiCal units.
51
OwnershlD and Priclna Considerations
Wright County intends to use the orthophotography imagery procured under this contract for its own
internal business purpo~es, including internal duptication as needed for internal business purposes. .
Internal business purposes may include publication of digital ortrn>photogtaphylmages in connection
with Wright County's and its partners' business functions and public::atlons. The County also intends to
share (free of charge) with its government partners and consultants working for the partners the
orthophotography imagery procured under this contract. Wright County 90vemmentpartners are: aU
cities and townships, school districts, watershed districts, counties, regional, state, and federal
government agencies with geospatial activities within the County and any Minnesota academic
institution of higher learning.
Wright County will consider proposals where.theselected contractor wiUown the photography and
digital orthophotography developed under this RFP and that the contractor will use, coPY, publish or
otherwise distribute the photography and digitalorthophotography as the selected contraaor
chooses. Wright County will reserve aU the rights necessary to allow aU intended uses stated in the
paragraph above. Proposing contractors need to deanystateCounty OWnership and/or
Contractor Ownership.
TIme-line
Aerial Photography in the spring of 2005
Deliverables bY July 1, 2005
.
.
52
.
:>.
.c
a.
rc
1-
Cl
o
......,
o
..............-&.
OJ
-
a.
E
rc
(f)
.
53
,,~-~y~. ~ Wright County Surveyor
q"ptJi. . ~ Jerome C. Wittstock, PLS
t ......~ ... '.. . '.. Public Works Building
elil ..." ..'.......,. I 1901Hwy.25North
lIlI!' . Buffalo, MN 55313
\ .. . ,.. 4$ Phone: (763) 682-7691
; ....,..w . Fax: (763) 682-7313
'. ~-~-"" Email: Jay.Wittstock@co.wright.mn.us
January 3/ 2005
Mr. Larry Kruse
City AdminiStrator
City of Albertville
5975 Main Ave. NE
Albertville/ MN 55301
RE: Partnership in starting an Aerial Photography Program In 2005
Mr. Kruse,
I am writing seeking your partnership in starting an aerial photography program in 200S.. The County
is considering spring digital color I-foot-pixel-resolution aerial photography. The photography would
be available to the partners and county to use in conjunction With Geographic Information Systems/
which Includes the County web site, or other systems.
On November 23, 2004, the Wright COunty Board of COmmissioners approved a $5.00 per lot aerial-
photography fee that will be collected as part of the plat-checking process. This fee will generate
approximately $15,000 per year, which is enough to cover about a third of the approXimately $45,000
needed to fly the entire County or enough to fly about a third of the COunty per year. Thisestlmate
is based on a ballpark figure given to me by an aerial photography vendor.
To start this program, I am interested in finding partners to help cover the cost of flying the entire
County initially. Once complete, updates would be paid for from the aerial-photography fee with a
third of the COunty being updated yearly or a complete re-f1ight every three years, depending on
partner needs.
,
I
~I
If there is not any interest, the COunty will be flying about a third of the county yearly, completing
the County in spring 2007.
I would like to develop the Request for Proposals by the middle of February so please contact me by
January 21, 2005 if you are interested.
Thank you for your consideration of this item.
Jq=zp~
54
.
.
.
~ "',~,Wrigh~~~~~~Yor
t ...1 Pu. .bliCWo~. Irs Building
. .... . . 1901 Hwy.15 North
, ,. . Buffalo, MNJ5313
-~ ....' .1.... ... Phone: (763) 681..7691
. ,.... Fax: (763) 682~7313
MEMORANDUM
TO:
Surveyors platting in Wright County
JayWittstod<, County Surveyor .
December 21, 2004
FROM:
DATE:
RE:
2005 CHANGES IN PLAT-CHECKlNG FEES AND RECORDING PROCESS
Parcel Mapping Aerial Photograph,
+ Fee Lot + Fee r Lot
5
Recording Process
Starting January 2, 2005 a plat submitted to the County Surveyor for signatures will be
considered submitted to Wright County. The County Surveyor will route the plat to the
appropriate.County~parbnents for .signatures.
Therefore, when the plat Is dropped off for signatures, all non-County slgoaturesand
acknoWledgements should be on the plat and a contact person should be identified if
questions or problems arise in the process.
Please inform your clients, title companies, dosing companies, or other real estate
stakeholders that are affected by this change.
55
MONTEVIDEO
MOURNS TRIO LOST IN IRAQ
MINNESOTA GETS
CLIPPED IN LA. 92-86, C1
]-Iriday
February 25, 2005
50(:
11-
CABLE GUY
HUMOR
Larrytllc Cable Guy works
hard to keep his blue-
collar comedy tl11e to life
VARIETY
Sign language
helps babies
communkate
long before
they can talk.
Star)~ ribune
NEWSPAPER OF THE TWIN CITIES
The House speaker said he'd back
Paw 1enty on a state-Indian gambling
deal and suggested linking it to putting
slot machines at Can te rb my Park.
Sviggum
talks casino
and racino
By Patricia Lopez,
Robert Franklin and
Kevin Duchschere
Scar Tribune Scaff Writers
When resistance meets
a 4,OOO-slot machine casino
complex run by rhe state and
three northern Indian bands
what's the answer? Only in th~
polilical world could il well be
more slol machines.
. As news of Ihe impend-
mg deal between Gov. Tim
Pawlenty and Ihe Red Lake,
Leech Lake and White Earth
bands filtered out on Thursday,
House Speaker Steve Sviggum,
R- Kenyon, said that linking the
Indian casino proposal with a
proposal 10 pul slots al Canter-
bury Park rac.etrack ~the so-
calledTacino ~ might assure
passage for both.
"I will be very supportive
of the governor's proposal."
Sviggum said on Thursday,
"but [ assume this is not al
the expense of the racino, but
in addition to it. I think they
hoth need to happen."
Canterbury is seeking 3.000
slot machines. Combined with
the 4.000-plus sought by the
norrhern hands, that could
mean adding 7,000 metro-
How they're
playing their cardS
legislators: Resistance
in Senate to a new met- .
ro casino; House lead-
~ 'ers'want'a. Mracinot.too.
..'LocaI~.....
. Burn$vllle; Albertville.;.
and AJ1okaCoiJlltyllie>
.;~~~~~i~~~;. .-
".;Je:;~
area slot machines in'a mar-
ket that now has about 20,000
slots statewide.
House Republicans have
vOled for a racino before, and
House Majority Leader Erik
Paulsen, R-Eden Prairie, saiel
many of them prefer to keep
gamblinl( at existing venues.
"Possibly we'll have a melding
of the racino and the gover-
nor's proposal," he said.
CASINO continues on A12:
- Racino advocate Day op-
poses stare-lndian casino,
- Officials in Burnsvil/e and
Albertville react
'.''''..'.1.'.'-';1 ifITi fH 11' II [ "II "1111
I ~&5~;;*
.~~
., ' ., ,'. - " . '; .~
.-
Low: 18"
High: 33"
WEATHER, B8
JYf etro
Edition
CASINO from A1
Talk of new facility bn'ngs
wide range of reactions
Canterbury has offered to pay
$100 million a year to the state
m return for slots. That's as much
as Pawl en!)' initially had planned
to gel from a metro casino when
he proposed it as part of his bud-
get last month. Doubling the
amount of money tl) the state
available for schools, health
care and other necessiti~ might
prove irresistible to legislators in
the end, Sviggum said.
"These could be very lu-
crative investments. and the
Slale needs 10 be in on them,"
Sviggum said.
Opposition has heen much
fiercer in the DFL-controlled
Senate, with most DfLers op-
posing any gambling expansion,
while Republicans have been re-
ceptive mostly to the rctClno.
Senate Minoriry Leader Dirk
Dav. R-Owatonna. an impas-
sioned advocate of the racino
for Ihe past seven years. said
Thursdav that he is "irritated"
that Pawlentv continues to
pursue a deal'1.\ith the Indian
bands.
"This all seems so convo-
luted." Day said of the Pawlenty
proposal. which would have the
Ihree bands operate a casino
through the Minnesota State
Lottery. "Why don't we just give
the Native Americans $30 [mil-
lion) 10 $50 million a year if thaI's
what they want?"
Day said support for a sepa-
rate Indian casino in the metro
area was so limited that "I can't
think of more than three or four
in my caucus who would sup-
port it. I think the governor is
really wrong on this. Will I he
talking up the governor's plan'
No way"
Ilouse Minoriry Leader Matt
Fnten?a. OFL-St Paul. said
Pawlenly keeps shifnng his po.
siTion on gambling. "Firsl he
said this was about a f,mer deal
fOI the stale. 'Olen he SaId it was
about a fairer deal for the north-
ern tribes. At the end of the day,
It'., reallv all about hm1. Ilis
political' career here wiJl be in
jeopardy if the schools don't get
more money. and his nationaJ
ambitions ",ill be in Jeopardy il
he breaks his [no-laxl pledge 10
the hxpayers League. That's why
this deal is in front of us."
Local reaction mixed
BurnsviJle and Albertville
have been mentioned as pos-
sible casino sites, and officials
of both cities said Thursday that
they could accommodate such a
project.
Burns\ille is open to the
concept, and "that would be an
approved land tlse" along the
Minnesota River. said Tammy
OOIdal, depury ciry manager
and chief financial officer.
A casino could be localed on
part of a ] .600-acre riverfront site
that is slated for redevelopment
m the next]O to 15 years.
Albemnlle City Administrator
Larry Kmse said that "we're prob-
ablv a likelv candidate lor the lo-
cation... but the council has not
activelv discussed that."
Real estate developer John
Darkenwald said he was con-
tacted late last year by a casino
consulting group for the tribes
about a 115-acre site he plans to
develop just west oftlie Albert-
villeuutlet'malli ... .~--
Darkenwald said thin the site
has "gotche right zoning:' and
that he's already gonen govern-
ment approval for 150.000 square
feet of commercial development
on the SIte. which is adjacent to
Interstate Hwv. 94.
In Bloomington. where !he
Mall of Amenca presents per-
haps the most coveted site for a
gambling complex. Mayor Gene
Winstead said the city continues
to oppose a casino at the mall.
In Anoka County, where
there's talk about hitching a ca.
sino (0 the state's first harness
track, Counry Commissioner
Scott LeDoux said he would wel-
rome the economic boos!. But if
a casino is built. he said, it ought
to be state-regulated, unlike the
eXIsting Indtan casinos, which
are run bv the uibes.
'Tm a Christian man and I'm
not for ganlbling:' leDoux said.
"But we already have it here, so
let's do it right."
The nine tribes that make
up the Minnesota Indian Garn-
ing Associanon - of which the
three northern bands are not
members - have remained
firm in their opposit.ion to either
revenue payments to the state or
expanded gambling.
John McCarthy. the associ-
ation's director, said Thursdav
that his members are prepared
to fight back.
"Do they ladministration offi-
cialsl reallv thinle Mille Lacs and
Shakopee 'and Prairie Island are
just going to roll over?" McCarthy
said. "Will they ramp up?You bel.
They could give away a car a day.
They will market themselves ag-
gressively, if they have to. That's
the sad part. So far, we've had a
nice balance and everybody's
been pretty satisfied ..it.h their
piece. But IhiswpuJd change
that equation." ,Ii .;;.,. .
McCarthy marveled that
Pawlenry, "this young, born-
again evangelical who's always
said he doesn't want to expand
gambling. will wind up with
at least two major casmos and
mayhe doubling the number of
slot, in the state. I find that in-
credible
"But if you say yes 10 the
tribal casino and ves to Canter-
bury. how do you iell Anoka no'/
Before vou lenow it. we've I(ot
another J 5,000 or 20,000 slot.s.
I don't think that's what Minne-
sota wants,"
Norman Deschampe, chair-
man of Grand Portage. said
Pawlenry "seems to forget that
we're constiTuents. too, and
memhers of thIS state. Hes
working wlth three tribes, and
hell be damned what the other
tribes thinle."
The wrikr'$ areal
pIo~.rom,
rfrrmId;n~ne.c:o".,
~rom,
". . INSlDE: -
. Highway commercial
property proposal sent
back to Elk River Planning
Commisslon.- 6A
Elk River
Dayton
Otsego
Ramsey
Rogers
Zimmerman
~
. Zach Stoe hit 1 .OOOth
point in game with 39
points in recent action.
-10A
rrmull~~i~~
. A 7-year-old boy is
recovering from brain sur-
gery - 18
Albertville eyed
Community latest mentioned as possible state-run casino site
by Jim Boyle
Edilor
If Minnesotan legislators
forge ahead with Gov. Tim
Pawlenty's hope for a state-
run, 4.000-slot machine casi-
no, it could be coming to a
neIghborhood near you.
The northern bp of
Albertville, which is draped
by plans for 3,500 homes In
Otsego, is being eyed as a,
potential gambling site.
Burnsville is also being talk-
ed about in the same breath,
and many other communities
have been mentioned, too
John Darkenwald, a devel.
oper with Darkenwald Real
Estate, Ltd. in Otsego who
holds the keys to a 115.
acre parcel of land he's won
approval for up to 150,000
square feet of retaIl space,
has been approached twice by
the forces behind a casino.
Darkenwald saId discus.
sions with a casino consulbng
group were, of course, "pretty
preliminary," and noted the
w hole notion of a state-run
casino is "pretty political."
Whereas the Bloomington
City Council has expressed
oppositIOn to a casino,
Albertville has not rendered
an opinion.
So what's the next step. the
Star News asked?
"1 don't know," Darkenwald
said "Ask the governor.
"At some point things like
this reach the poin t of no
turning back. It's eIther put
up or shut up"
Darkenwald's land is con-
tiguous wIth the Albertville
Mall. a wildly successful
outlet mall that drew more
Casino to page 16
The above aerial photo shows the land
owned by Darkenwald Real Estale Ltd. in
Albertville Ihat will be developed inlo retail
and is being eyed for a possible casino.
Casino: Land near Albertville mall very attractive
than 4 million people last
year, before completIOn of the
mall's third phase
So far Darkenwald has sold
a five-acre parcel to Welcome
Furniture, which has been
built and opened and special-
izes in Amish furmture, and
there's a four-lane, 10-ton
road leading into the devel-
opment. The rest of the land
is ready and there's great
interest, Darkenwald said.
"People don't realize how
big a deal this is out here,"
he said. "The mall is break.
ing all national averages on a
sales per square foot of retail
space basis."
The site is located in the
hot northwest quadrant of
the Twin Cities, which just
landed Cabela's in Rogers,
3nd has the added benefit
)f 1-94, growing incomes
and plenty of pull from the
Dakotas and Canada. Lack
of a sales tax on clothing
is a magnet for Canadians,
Darkemvald said.
So would a casino fit with
Darkenwald's development
plans?
"It possibly could fit with
what we're doing," he said.
"r don't know the size or the
magnitude of what they're
doing, but we could certainly
fit something like some of the
casinos I have seen."
But if its plans for some-
thing like what is proposed
at the Mall of America, then
maybe not.
"That's a Las Vegas deal,"
Darkenwald said. "Does the
state want a Las Vegas casi-
no in Minnesota, or a few
little ones?"
The local developer, who
developed 11 0 acres of
housing and commercial in
Albertville 15 years ago and
has been sitting on the cur-
rent 115.acre parcel for six
years, sees the political game
going on with casinos as a
game of guts poker, with the
state challenging the tribes
to give up a share of revenues
from their more successful
casinos or face competition
His effort to develop will
continue with or WIthout a
casino. In fact, an announce.
ment on a retail deal is as
little as a month away, if
every-thing goes according to
plan, he said.
Casino talk simply adds to
the exci tement.
"But political things like
th,s can change instanta.
neously (or stall for years),"
he said.
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.......AUTO..:'rDIGIT 553 #
City of ,A,!1Jer1vilie '10/1.105
PO BOX 9
ALBEf'1.TIJILLE N1N 5530'1-0009
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The Darkenwald Real Estate site is one of many poten-
tial locations for a state-run casino being sought.
PRESORTED STANDARD
U.S POSTAGE PAID
Permit NO.4
Elk River, MN 55330
Elk River, MN 55330
. Vol. 130, No.9 - 75t.
. 763-441-3500 .
www.erslarnews.com
. March 2, 2005 .
.
.
.
1_
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF ALBERTVILLE, MINNESOTA (OWNER)
AND
SHORT ELLIOTT HENDRICKSON INC. (SEH)
THIS AGREEMENT made as of the _ day of in the year two-
thousand and five by and between the CITY OF ALBERTVILLE, MINNESOTA, hereinafter
called the OWNER, and SHORT ELLIOTT HENDRICKSON INC., 3535 Vadnais Center Drive,
St. Paul, Minnesota, hereinafter called SEH.
WITNESSETH, the OWNER requires professional engineering services during
construction of the Wastewater Treatment Plant Phase 2 Expansion which is described in the
plans and specifications previously prepared by SEH dated February, 2005. Professional
engineering services are also required for the preparation of the following documents and work
activities:
. Operation and Maintenance Manual
. Construction Record Drawings
. Start-Up Services
. One-Year Performance Certification
These activities will be done in accordance with current Minnesota Pollution Control Agency
(MPCA) requirements.
NOW, THEREFORE, the OWNER and SEH for the consideration hereinafter set forth
agree as follows:
Short Elliott Hendrickson Inc.
Page 1 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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A.
SECTION I - BASIC SERVICES OF SEH
General
1. SEH agrees to perform professional services in connection with the Project as
hereinafter stated and has, and will have, the necessary personnel and facilities to
accomplish the scope of work described in this Agreement.
2. SEH shall serve as the OWNER'S professional representative in all Engineering
phases of the Project to which this Agreement applies, and shall give consultation
and professional advice to the OWNER during the performance of his services.
B.
Assistance in Advertising for Bids
SEH shall assist the OWNER is obtaining and evaluating bids and awarding the contract
for the construction of the Project. During the advertising period, as defined in the
specifications, SEH shall assist the Contractors and equipment manufacturers by
interpreting the plans and specifications and shall distribute all necessary addenda on the
Project prior to the receipt of bids. SEH shall attend the bid opening, assist the OWNER
in receipt, tabulation and evaluation of bids, provide a written recommendation regarding
the award of the contract and assist in preparation of contract for the Project. SEH shall
also distribute adequate numbers of plans and specifications to the Contractor to which
the contract is awarded.
C.
Observation of Construction
During the observation of construction phase, SEH shall:
1. Assist the OWNER in conducting a preconstruction conference with the
successful bidder, the bidder's subcontractors and representatives of
governmental agencies and utilities for the wastewater treatment plant expansion
project.
Short Elliott Hendrickson Inc.
Page 2 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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2.
Make visits to the site at intervals appropriate to the various stages of construction
to observe as an experienced and qualified design professional the progress and
quality of the executed work of the Contractor, and to determine in general, if
such work is proceeding in accordance with the Contract Documents.
SEH shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor or the safety precautions
and programs incidental to the work of the Contractor. SEH's efforts will be
directed toward providing a greater degree of confidence for the OWNER that the
completed work of the Contractor will conform to the Contract Documents, but
SEH shall not be responsible for the Contractor's failure to perform the
construction work in accordance with the Contract Documents.
During such visits and on the basis of on-site observations, SEH will keep the
OWNER informed of the progress of the work and will endeavor to guard the
OWNER against defects and deficiencies in the work of the Contractor. This
obligation does not include anything related to safety. It is agreed that safety
matters are the Contractor's responsibility. SEH may disapprove work as failing
to conform to the Contract Documents.
3.
Review samples, schedules, shop drawings, the results of test and inspections and
other data which the Contractor is required to submit, but only for conformance
with the design concept of the project and compliance with the information given
in the Contract Documents. Such review shall not extend to means, methods,
sequences, techniques or procedures of construction or to safety precautions and
programs incidental thereto. SEH shall receive and review (for general content as
required by the specifications), maintenance and operating instructions, schedules,
guarantee bonds, and certificates of inspection which are to be assembled by the
Contractor in accordance with the Contract Documents.
4.
Consult with and advise the OWNER, act as the OWNER'S representative, issue
all instructions of the OWNER to the Contractor and prepare routine change
orders as required.
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
Short Elliott Hendrickson Inc.
Page 3 of 19
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5.
Review the Contractor's Application for Payment and make recommendations to
the OWNER regarding the payment thereof. SEH's recommendations are based
on his onsite observations as an experienced and qualified design professional.
The recommendations by SEH constitute a representation to the OWNER that to
the best of his knowledge, information and belief, the work has progressed to the
point indicated on said application and the quality of work is in accordance with
the Contract Documents, subject to the results of any subsequent test called for by
the Contract Documents and any qualifications stated in his recommendations.
6.
Conduct site visits to determine if the Project is substantially complete and
prepare punch list reports to indicate incomplete items to the Contractor. This is
considered as the pre final inspection and will be coordinated with the MPCA to
establish the date of initiation of operation of the Project. If substantially
complete, SEH will issue a notice of substantial completion which initiates the
Contractor's warranty period. Conduct a final site visit to determine if the work
has been completed in accordance with the Contract Documents. Such site visits
may include representatives from the OWNER, the MPCA and/or other involved
governmental agencies. If the Contractor has fulfilled all of his obligations, SEH
may give written notice to the OWNER that the work is acceptable for final
payment.
D. Resident Project Representative Services
.
1. The Resident Project Representative, experienced in the type of construction
proposed, will be furnished and directed by SEH during the construction phase.
The Resident Project Representative will be furnished as required by the Project
subject to limitations as stated in Section n.B. The duties, responsibilities and
limitations of authority of the Resident Project Representative are further
described in Exhibit A attached to this Agreement.
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
Short Elliott Hendrickson Inc.
Page 4 of 19
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2.
Through the Resident Project Representative, SEH will endeavor to provide
further protection for the OWNER against defects and deficiencies in the work of
the Contractor, but the furnishing of such Resident Project Representation will not
make SEH responsible for the Contractor's failure to perform the construction
work in accordance with the Contract Documents.
E. Preparation of an Operation and Maintenance Manual
SEH will update the current Operation and Maintenance (O&M) Manual to contain
detailed operation and maintenance information for the processes and treatment facilities
being added or modified under this Project. The manual will incorporate manufacturer's
data and warranty information. Two sets of manuals will be provided to the OWNER. A
draft manual will be submitted to the OWNER and MPCA for review and comment.
SEH will complete and submit the MPCA Operation and Maintenance Manual Certificate
of Completion Checklist.
F. Preparation of Construction Record Drawings
SEH will prepare one (1) set of construction record drawings on mylar reproducibles and
one (1) blueline set of plans for the OWNER and one (1) set of construction record
drawings and specifications on microfilm, to be furnished to the MPCA. Construction
record drawings will show changes to the plans as recorded by the Contractor as required
by the Contract Documents. The construction record drawings will record below grade
changes as recorded by the Contractor and include a note that above grade items must be
field verified where changes were made.
G.
Start-Up Services
Equipment systems start-up will be conducted by the manufacturer or a qualified
manufacturer's representative. SEH willI) assist in scheduling the start-up and testing of
equipment, and 2) review the start-up reports for equipment conformance to the Contract
Documents.
Short Elliott Hendrickson Inc.
Page 5 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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The Contract Documents require that the OWNER'S wastewater treatment plant
operating personnel be provided with operation and maintenance instructions by qualified
equipment manufacturer's representatives. SEH will assist in coordinating and scheduling
these instructions with the Contractor and the plant operating personnel. If available, the
manufacturer's operation and maintenance literature will be provided to the plant
operating personnel prior to the scheduled instruction period.
SEH shall assist the OWNER'S operations personnel with determining adjustments for
process control of the treatment facilities.
H.
One-Year Performance Certificate
One year after the initiation of operation of the project, the OWNER must submit to the
MPCA various certifications and documents regarding the plant performance. SEH will
assist the OWNER by 1) preparing a start-up evaluation report describing the plant's
performance and by 2) revising the Operation and Maintenance Manual based on actual
operating experience obtained during the one-year start-up period.
SECTION II - ADDITIONAL SERVICES OF SEH
If and when authorized by the OWNER, SEH shall furnish additional services of the following
type which will be paid by the OWNER as indicated in Section V.C.
A. Additional services due to significant changes in general scope of the Project including,
but not limited to, change of size, complexity or character or cause by revisions to MPCA
or EP A guidelines or regulations.
B. Observation of construction and Resident Project Representative servIces required
beyond the original specified construction substantial completion date and final
completion date.
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Page 6 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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C.
Develop drawings and details and provide supplementary engmeenng calculations,
explanations and opinions which will supplement the contract plans and specifications as
necessary to determine the adequacy of alternate methods, procedures, systems and
equipment proposed by the Contractor, or changes required by certain construction
methods and procedures proposed by the Contractor.
D. Assist the OWNER in coordinating, scheduling and witnessing off-site testing performed
by the Contractor or its equipment suppliers and in the development of requirements for
such testing. Observation of extraordinary materials testing.
E. Plans and specifications, and Operation and Maintenance Manual reproduction expenses
other than those called for in Section I, Parts B, E and F when requested by the OWNER.
F. Preparation of applications and supporting documents for government grants, loans or
advances in connection with the Project.
G.
Serving as an expert witness for the OWNER in any litigation or other proceedings
involved in the Project.
H. Special travel and expenses connected therewith required in connection with the Project
and authorized by the OWNER.
1. Performing hydrogeologic studies, archaeological and historical studies, environmental
impact statements and environmental site acquisition audits (for site/soil contamination).
None of these tasks are anticipated at this time at the existing wastewater treatment plant
site.
J. Additional services in connection with the Project not otherwise provided for in the
Agreement.
Short Elliott Hendrickson Inc.
Page 7 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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SECTION III - THE OWNER'S RESPONSIBILITY
The OWNER shall:
A. Advertise for proposals from bidders, open proposals at the appointed time and place and
pay for all costs incidental thereto, including the costs for placing the advertisement for
bids.
B. Sample and analyze wastewaters or sludges.
C. Identify and evaluate sites for sludge disposal.
D. Prepare and submit to the MPCA an annual sludge management plan.
E. Obtain additional soil borings or analyses due to unforeseen soil conditions.
F. Modify the OWNER'S user charge system and rate structure due to capital and O&M
costs resulting from this plant modification.
G.
Assist SEH by providing all available information pertinent to the Project.
H. Guarantee access to and make all provisions for SEH to enter upon public and private
lands as required for SEH to perform its work under this Agreement.
I. Furnish the necessary easements, property, boundary and right-of-way descriptions and
property surveys.
J. Administer any grants/loans associated with this project including grant payment requests.
K. Review Contractor's monthly payroll schedule to ensure compliance with wage rate
determinations.
L. Pay fees for securing approval of authorities having jurisdiction over the Project.
M. Provide such legal accounting and insurance counseling services as may be required for
the Project.
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Page 8 of 19
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Waste Water Treatment Plant Phase 2 Expansion
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N.
Give prompt written notice to SEH whenever the OWNER observes or otherwise becomes
aware of any defect in SEH's work.
SECTION IV - PERIOD OF SERVICES
A.
SEH shall commence services outlined in Section I of the Agreement immediately upon
receiving a signed copy of this Agreement.
B.
Unless sooner terminated as provided in Section VI.E., this Agreement shall remain in
force for a period which may reasonably be required for the Project, including extra work
and any required extensions thereto.
c.
The engineering fees in this Agreement are based on the Phase 2 plant expansion being
bid during April, 2005 and construction being substantially completed by December,
2005. Final completion of punch list items is anticipated to occur by June 2006.
SECTION V - PAYMENTS TO SEH
A.
Payments for the Basic Services of SEH Under Section I
SEH shall be compensated monthly for services as described III Section I. Said
compensation shall be based on a Lump Sum Basis for Payment. During the course of
providing its services, SEH shall be paid monthly based on SEH's estimate of the
percentage of the work completed. Necessary expenses and equipment are provided as a
part of SEH's services and are included in the initial Lump Sum amount. Total payments
to SEH for work covered by this Agreement shall not exceed the Lump Sum amount
without written authorization from the OWNER.
The Lump Sum amount includes compensation for SEH's service and the services of
SEH's subconsultants. Appropriate amounts have been incorporated in the initial Lump
Sum to account for labor, overhead, profit, expenses and equipment charges.
Short Elliott Hendrickson Inc.
Page 9 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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The total payments to SEH for work described in Section I shall not exceed a lump sum
amount of$412,200.00.
B.
Payments for Additional Services of SEH under Section II
The OWNER shall pay SEH monthly for additional services performed in accordance
with Section II. Monthly payments shall be based on the current billable rates of the
personnel performing the additional services, plus the actual cost of reimbursable
expenses.
C. General
If this Agreement is terminated upon completion of any phase of SEH's services, the
monthly progress payments shall be made in accordance with Section V. A. If SEH's
services are terminated during any phase of the work, SEH shall be paid for services
performed during such phase. Payment shall be as described in Section V.A.
D. Failure to Make Payments
If the OWNER fails to make any payment due SEH for services and expenses within
thirty days after receipt of SEH's statement, the amounts due SEH will be increased at the
rate of 3/4% per month from said thirtieth day, and in addition, SEH may, after giving
seven days written notice to the OWNER, suspend services under this Agreement until
SEH has been paid in full all amounts due for services, expenses and charges.
SECTION VI - GENERAL CONSIDERATIONS
A. Standards of Performance
1.
The standard of care for all professional engineering and related servIces
performed or furnished by SEH under this Agreement will be the care and skill
ordinarily used by members of SEH's profession practicing under similar
circumstances and in a similar locality.
Short Elliott Hendrickson Inc.
Page 10 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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2.
SEH shall serve as OWNER'S prime professional and shall perform or furnish all
professional engineering, architectural, environmental, planning and related
services to which this Agreement applies. SEH may employ such consultants as
SEH deems necessary to assist in the performance or furnishing of the services.
SEH shall not be required to employ any consultant unacceptable to SEH.
3. OWNER shall not be responsible for, and SEH may rely upon, the accuracy and
completeness of all requirements, programs, instructions, reports, data and other
information furnished by OWNER to SEH pursuant to this Agreement. SEH may
use such requirements, reports, data, and information in performing or furnishing
services under this Agreement.
4. OWNER shall make decisions and carry out its other responsibilities in a timely
manner and shall bear all costs incident thereto so as not to delay the services of
SEH.
5.
Prior to commencement of construction of the Project, OWNER shall notify SEH
of any notice or certification that SEH will be requested to provide to OWNER or
third parties in connection with the Project. OWNER and SEH shall reach
agreement on the terms of any such requested notice or certification and OWNER
shall authorize such Additional Services as are necessary to enable SEH to
provide the notices or certifications requested.
6. SEH shall not be required to sign any documents, no matter by whom requested,
that would result in SEH having to certify, guarantee, or warrant the existence of
conditions whose existence SEH cannot ascertain.
B. Authorized Project Representatives
.
1.
Contemporaneous with the execution of this Agreement, SEH and OWNER shall
designate specific individuals to act as SEH's and OWNER'S representatives with
respect to the services to be performed or furnished by SEH and responsibilities
of OWNER under this Agreement. Such individuals shall have authority to
transmit instructions, receive information, and render decisions relative to the
Project on behalf of each respective party.
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
Short Elliott Hendrickson Inc.
Page 11 of 19
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c.
Indemnification
1.
Notwithstanding the Scope of Services to be provided by SEH pursuant to this
Agreement, it is understood and agreed that SEH is not a user, handler, generator,
operator, treater, storer, transporter or disposer of hazardous or toxic substances,
pollutants or contaminants as any of the foregoing items are defined by Federal,
State and/or local law, rules or regulations, now existing or hereafter amended,
and which may be found or identified on any project which is undertaken by SEH.
It is further understood and agreed that services SEH will undertake include
potentially uninsurable obligations involving the presence or potential presence of
hazardous or toxic substances, pollutants, or contaminates. Therefore, the
OWNER agrees to hold SEH and its officers, directors, partners, agents,
subcontractors, consultants and employees harmless from and against any and all
claims for losses, damages, liability, and costs arising out of or in any way
connected with the presence, discharge, release, or escape of hazardous or toxic
substances, pollutants or contaminants of any kind, except that this cause shall not
apply to such liability as may arise from the negligent or intentional acts of SEH,
its officers, directors, partners, agents, subcontractors, consultants and employees.
2.
To the fullest extent permitted by law, SEH shall indemnify and hold harmless
OWNER, OWNER'S officers, directors, partners and employees from and against
any and all costs, losses and damages (including but not limited to all fees and
charges of engineers, architects, attorney's and other professionals, and all court
or arbitration or other dispute resolution costs) caused solely by the negligent acts
or omissions or SEH or SEH's officers, directors, partners, employees and SEH's
consultant in the performance and furnishing of SEH services under this
Agreement.
3.
To the fullest extent permitted by law, OWNER shall indemnify and hold
harmless SEH, SEH's officers, directors partners, employees, and SEH's
consultants from and against any and all costs, losses and damages (including but
not limited to all fees and charges of engineers, architects, attorneys and other
professionals, and all court or arbitration or other dispute resolution costs) caused
Short Elliott Hendrickson Inc.
Page 12 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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solely by the negligent acts or omissions of OWNER or OWNER'S officers,
directors, partners, employees and OWNER'S consultants with respect to this
Agreement or the Project.
4.
SEH's total liability to OWNER and anyone claiming by, through or under
OWNER for any cost, loss or damages caused in part by the negligence of SEH
and in part by the negligence of OWNER or any other negligent entity or
individual, shall not exceed the percentage share that SEH's negligence bears to
the total negligence of OWNER, SEH and all other negligent entities and
individuals.
5.
Owner's total liability to SEH and anyone claiming by, through, or under
OWNER for any cost, loss, or damages caused in part by the negligence of SEH
and in part by the negligence of OWNER or any other negligent entity or
individual, shall not exceed the percentage share that OWNER'S negligence bears
to the total negligence of SEH, OWNER, and all other negligent entities and
individuals.
D. Limitations
.
1.
SEH shall not be responsible for the acts or omissions of any Contractor, or any
subcontractor or supplier, or any of the Contractor's or subcontractor's or
suppliers agents or employees or any other persons (except SEH's own
employees, agents, and consultants) at the site or otherwise furnishing or
performing any of the Contractor's work. However, SEH shall not be released
from its liability for failure to properly perform duties and responsibilities
assumed by SEH in the Contract Documents.
Further, SEH shall not be responsible if conditions at the site of the work are
different than the conditions predicted following general observations at the site,
review of existing plans and records made available to SEH by the OWNER for
the specific site and review of soils data resulting from formal soils investigation
programs undertaken. SEH has endeavored to provide the OWNER with
construction plans, specifications and contract documents that conform to site
Short Elliott Hendrickson Inc.
Page 13 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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conditions identified during site investigations, but it is recognized that unknown
conditions may exist that cannot be discovered until complete site excavations are
made and that SEH does not bear the responsibility for their discovery or for
additional construction costs that may result from the unknown conditions.
E.
Reuse of Documents
1. All documents, including computer software, drawings, and specifications,
prepared by SEH pursuant to this Agreement are instruments of service with
respect to the Project. They are not intended or represented to be suitable for reuse
by the OWNER or others on extensions of the Project or on any other project.
Any reuse without written consent or adaptation by SEH for the specific purpose
intended will be at the OWNER'S sole risk and without liability or legal exposure
to SEH.
2.
In accepting and utilizing any drawings or other data on any form of electronic
media generated and provided by SEH, the OWNER covenants and agrees that all
such drawings and data are instruments of service of SEH, who shall be deemed
the author of the drawings and data, and shall retain all common law, statutory
law and other rights, including copyrights. The OWNER and SEH agree that any
CADn files prepared by either party shall conform to the specifications of the
systems and technology currently being utilized by SEH.
.
SEH hereby grants an irrevocable written license to the OWNER to use drawings,
electronic media or other data generated and provided by SEH for the Project as
necessary for the use, maintenance, operation or expansion of the Project. This
written license does not apply to the release or reuse of drawings, electronic
media or other data generated and provided by SEH on other unrelated projects.
.
Under no circumstances shall transfer of the drawings and other instruments of
service on electronic media for use by the OWNER be deemed a sale by SEH and
SEH makes no warranties, either express or implied, of merchantability and
fitness for any particular purpose. SEH does agree, however, that services
provided per this Agreement are to be provided consistent with the standard of
Short Elliott Hendrickson Inc.
Page 14 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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care and skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances.
3.
Copies of Documents that may be relied upon by OWNER are limited to the
printed copies (also known as hard copies) that are signed or sealed by SEH. Files
in electronic media format of text data, graphics or of other types that are
furnished by SEH to OWNER are only for convenience of OWNER. Any
conclusion or information obtained or derived from such electronic files will be at
the user's sole risk.
4.
When transferring documents in electronic media format, SEH makes no
representations as to long-term compatibility, usability or readability of
documents resulting from the use of software application packages, operating
system or computer hardware differing from those used by SEH at the beginning
of the Project.
5.
OWNER may make and retain copIes of Documents for information and
reference in connection with use on the Project by OWNER. Such Documents are
not intended or represented to be suitable for reuse by OWNER or others on
extensions of the Project or on any other project. Any such reuse or modification
without written verification or adaptation by SEH, as appropriate for the specific
purpose intended, will be at OWNER'S sole risk and without liability or legal
exposure to SEH or to SEH's consultants.
6. If there is a discrepancy between the electronic files and the hard copies, the hard
copIes govern.
F. Dispute Resolution
1. In an effort to resolve any conflicts that arise during the construction of the
Project or following the completion of the project, the OWNER and SEH agree
that all disputes between them arising out of or relating to this Agreement shall be
submitted to nonbinding mediation unless the parties mutually agree otherwise.
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Page 15 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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2.
The OWNER and SEH further agree to include a similar mediation provision in
all agreements with independent contractors and consultants retained for the
Project and to require all independent contractors and consultants also to include a
similar mediation provision in all agreements with subcontractors, subconsultants,
suppliers or fabricators so retained, thereby providing for mediation as the
primary method for dispute resolution between the parties to those agreements.
G. Assignment
1. Neither party to this Agreement shall transfer, sublet, assign any rights under,
claims or interests in this Agreement without the prior written consent ofthe other
party.
H. Insurance
.
.
1.
SEH shall secure and maintain such insurance as SEH deems necessary or
appropriate and as required by law to protect SEH from claims under Workers'
Compensation, accidents or claims for bodily injury, death or property damage
which may arise from the performance of SEH service under this Agreement
provided such insurance coverages shall be maintained at levels equal to or
greater than those required by Section VI.H.5.
2. OWNER shall require Contractor to purchase and maintain general liability and
other insurance as specified in the Contract Documents and to cause SEH and
SEH's consultants to be listed as additional insureds with respect to such liability
and other insurance purchased and maintained by Contractor for the Project.
3. At any time, OWNER may request that SEH, at OWNER'S sole expense, provide
additional insurance coverage, increased limits or revised deductibles that are
more protective than those being provided. If so requested by OWNER, with the
concurrence of SEH, and if commercially available, SEH shall obtain and shall
require SEH's consultants to obtain such additional insurance coverage, different
limits or revised deductibles for such periods oftime as requested by OWNER.
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Page 16 of 19
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4.
OWNER shall cause SEH and SEH's consultants to be listed as additional
insureds on any general liability or property insurance policies carried by
OWNER which are applicable to the Project.
5. Workers' Compensation coverage is established by law. SEH's other liability
coverages currently include $2,000,000 in general liability and $1,000,000 in
automobile/truck liability. Both parties are supported by an additional umbrella
policy as indicated on the insurance certificate. SEH's primary professional
liability insurance coverage is in the amount of $2,000,000. A copy of SEH's
insurance certificate is attached to this Agreement.
SEH's liability insurance coverages shall remain in effect throughout the duration
of the Project. SEH's liability insurance coverages shall remain in the minimum
amounts required by this paragraph VI.H.5 and shall remain in effect throughout
the duration of the construction of the Project.
I.
Termination
1. This Agreement may be terminated by either party upon seven days written notice
should the other party fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination. In the event of termination
SEH shall be compensated for services performed to termination date, including
charges for expenses and equipment costs then due and all termination expenses.
Termination expenses, for purposes of this Agreement, are those expenses directly
attributable to termination for which SEH is not otherwise compensated,
exclusive of lost profits.
J. Controlling Law
1. This Agreement is to be governed by the law of the state in which the Project is
located.
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Page 17 of 19
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K.
Merger Clause
This Agreement represents the full and complete understanding of the Parties hereto.
Both Parties represent that neither Party is relying on any prior agreements or
understandings, whether oral or written. Any modification or amendment of this
Agreement shall be made, if at all, in writing and signed by both Parties.
Short Elliott Hendrickson Inc.
Page 18 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
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APPROVED:
CITY OF ALBERTVILLE, MINNESOTA
By:
Don Peterson, Mayor
By:
Larry Kruse, City Administrator
ADDRESS FOR GIVING NOTICES:
City of Albertville
5975 Main Avenue N.E.
P.O. Box 9
Albertville, Minnesota 55301
SHORT ELLIOTT HENDRICKSON INC.
By:
John H. Stodola, P.E.
Principal, Director W ater/W astewater Market Center
By:
Gary Lidgerding
Chief Financial Officer
ADDRESS FOR GIVING NOTICES:
Short Elliott Hendrickson Inc.
200 SEH Center
3535 Vadnais Center Drive
St. Paul, Minnesota 55110
Short Elliott Hendrickson Inc.
Page 19 of 19
City of Albertville
Waste Water Treatment Plant Phase 2 Expansion
Exhibit A
to Agreement for Professional Services
Between the City of Albertville, Minnesota (Owner)
and
Short Elliott Hendrickson Inc. (SEH@)
Dated , 2005
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A Listing of the Duties, Responsibilities and
Limitations of Authority of the Resident Project Representative
If requested by the Owner or recommended by SEH, and
approved in writing by the other, one (1) or more full time
Resident Project Representatives (RPR) will be furnished
and directed by SEH in order to provide additional
representation at the Project site during the construction
phase.
Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the
RPR and assistants, SEH shall endeavor to provide further
protection for Owner against defects and deficiencies in the
work of Contractor; but, the furnishing of such services will
not make SEH responsible for or give SEH control over
construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or
responsibility for Contractor's failure to perform the Work
in accordance with the Contract Documents.
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The duties and responsibilities of the RPR are limited to
those of SEH in 1) The agreement between the Owner and
SEH, and 2) in the construction Contract Documents, and
3) further limited as follows:
A. General
RPR is an agent of SEH at the site, will act as directed
by and under the supervision of SEH, and will confer
with SEH regarding RPR's actions. RPR's dealings in
matters pertaining to the on-site work shall in general
be with SEH and Contractor keeping the Owner
advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full
knowledge and approval of Contractor. RPR shall
generally communicate with Owner with the
knowledge of and under the direction of SEH.
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B. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule,
schedule of Shop Drawing submittals and
schedule of values prepared by Contractor and
consult with SEH concerning acceptability.
2. Conferences and Meetings: Attend meetings with
Contractor, such as preconstruction conferences,
progress meetings, job conferences and other
project-related meetings, and prepare and
circulate copies of minutes thereof.
3. Liaison:
(a) Serve as SEH's liaison with Contractor,
working principally through Contractor's
superintendent and assist in understanding
the intent of the Contract Documents; and
assist SEH in serving as Owner's liaison
with Contractor when Contractor's
operations affect Owner's on-site
operations.
(b) Assist in obtaining from Owner additional
details or information, when required for
proper execution of the Work.
4. Shop Drawings and Samples:
(a) Record date of receipt of Shop Drawings
and samples.
(b) Receive samples which are furnished at the
site by Contractor, and notify SEH of
availability of samples for examination.
(c) Advise SEH and Contractor of the
commencement of any Work requiring a
Shop Drawing or sample if the submittal has
not been approved by SEH.
5. Review of Work, Inspections, and Tests:
(a) Conduct on-site observations of the Work in
progress to assist SEH in determining if the
Work is in general proceeding in accordance
with the Contract Documents.
(b) Report to SEH whenever RPR believes that
any Work is unsatisfactory, faulty or
defective or does not conform to the
Contract Documents, or has been damaged,
or does not meet the requirements of any
inspection, test or approval required to be
made; and advise SEH of Work that RPR
believes should be corrected or rejected or
should be uncovered for observation, or
requires special testing, inspection or
approval.
(c) Verify that tests, equipment and systems
start-ups and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that Contractor
maintains adequate records thereof; and
observe, record and report to SEH
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit A - 1
City of Albertville, Minnesota
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appropriate details relative to the test
procedures and start-ups.
(d) Accompany visiting inspectors representing
public or other agencies having jurisdiction
over the Project, record the results of these
inspections and report to SEH.
6. Interpretation of Contract Documents: Report to
SEH when clarification and interpretations of the
Contract Documents are needed and transmit to
Contractor clarifications and interpretations as
issued by SEH.
7. Modifications: Consider and evaluate
Contractor's suggestions for modifications in
Drawings or Specifications and report with RPR's
recommendations to SEH. Transmit to Contractor
decisions as issued by SEH.
8. Records:
(a) Maintain at the job site orderly flIes for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions
of original Contract Documents including all
Work Directive Changes, Addenda, Change
Orders, Field Orders, additional Drawings
issued subsequent to the execution of the
Contract, SEH's clarifications and
interpretations of the Contract Documents,
progress reports, and other Project related
documents.
(b) Keep a diary or log book, recording
Contractor hours on the job site, weather
conditions, data relative to questions of
Work Directive Changes, Change Orders or
changed conditions, list of job site visitors,
daily activities, decisions, observations in
general, and specific observations in more
detail as in the case of observing test
procedures; and send copies to SEH.
(c) Record names, addresses and telephone
numbers of all Contractors, subcontractors
and major suppliers of materials and
equipment.
9. Reports
(a) Fumish SEH periodic reports as required of
progress of the Work and of Contractor's
compliance with the progress schedule and
schedule of Shop Drawing and sample
submittals.
(b) Consult with SEH in advance of scheduled
major tests, inspections or start of important
phases of the Work.
(c) Draft proposed Change Orders and Work
Directive Changes, obtaining backup
material from Contractor and recommend to
SEH Change Orders, Work Directive
Changes, and Field Orders.
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(d) . Report immediately to SEH and Owner
upon the occurrence of any accident.
10. Payment Requests: Review applications for
payment with Contractor for compliance with the
established procedure for their submission and
forward with recommendations to SEH, noting
particularly the relationship of the payment
requested to the schedule of values, Work
completed and materials and equipment delivered
at the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation
Manuals: During the course of the Work, verify
that certificates, maintenance and operation
manuals and other data required to be assembled
and furnished by Contractor are applicable to the
items actually installed and in accordance with
the Contract Documents, and have this material
delivered to SEH for review and forwarding to
Owner prior to final payment for the Work.
12. Completion:
(a) Before SEH issues a Certificate of
Substantial Completion, submit to
Contractor a list of observed items requiring
completion or correction.
(b) Conduct final inspection in the company of
SEH, Owner, and Contractor and prepare a
final list of items to be completed or
corrected.
(c) Observe that all items on final list have been
completed or corrected and make
recommendations to SEH concerning
acceptance.
c. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the
Contract Documents or substitution of materials
or equipment, unless authorized by SEH.
2. Shall not exceed limitations of SEH's authority as
set forth in the Agreement or the General
Provisions to the Agreement or the Contract
Documents.
3. Shall not undertake any of the responsibilities of
Contractor, subcontractors or Contractor's
superintendent.
4. Shall not advise on, issue directions relative to or
assume control over any aspect of the means,
methods, techniques, sequences or procedures of
construction unless such advise or directions are
specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or
assume control over safety precautions and
programs in connection with the Work.
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit A - 2
City of Albertville, Minnesota
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6. Shall not accept Shop Drawing or sample
submittals from anyone other than Contractor.
7. Shall not authorize Owner to occupy the Project
in whole or in part.
8. Shall not participate in specialized field or
laboratory tests or inspections conducted by
others except as specifically authorized by SEH.
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit A - 3
City of Albertville. Minnesota