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2003-11-17 CC PacketALBERTVILLE CITY COUNCIL AGENDA November 17, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) November 3, 2003, City Council Meeting (p. 1-4) 3. CITIZEN FORUM- (10 Minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check # 18866—18910) (p. 5-9) (b) Approve Resolution #2003-35 (Resolution Closing Certain Funds) (p. 10) (c) Approve Resolution #2003-36 (Approval of Wetland Mitigation Plan for Darkenwald Property) (d) Approve reduction in Letter of Credit for Kolleville Estates 3' Addition to $140,000 (p. 11-12) (e) Approve reduction in Letter of Credit for Outlets of Albertville, Phase 3 to $250,000 (p. C� 13�� 5. SPECIAL ORDER 5 Public Hearing — Assessment of NW Commercial ark�Oje (Resolution 42003-34) (p. 14-16) a 6. DEPARTMENT BUSINESS aw a. Fire Department (1) Reschedule meeting with Fire Department on policies b. Public Works (1) Public Works/Parks Maintenance Report (p. 17) (2) WWTF/Water Department Report (p. 18) 3) A Aa.—I ,c. Planning & Zoning • None d. Engineering (1) Wright County Transportation Study S City Council Agenda November 17, 2003 Page 2 of 2 (2) Accept petition for improvements and order Feasibility Report — Extension of road e. 6�h?ugHe�g/Fi e properties 1 (1) Design Services Contract with S.E.H. for WWTF expansion (p.20-37) (2) Agreement with Franklin Outdoor Sign company for community directional sign (p. 38-41) f. Administration (1) Discuss proposal from Keith Franklin for Barthel Industrial Park properties(p. 42) (2) Consider administrator's proposal to use accumulated sick leave pay medical/dental insurance premiums (p. 43) (3) Resolution #2003-37 (A Resolution Certifying Uncollected Utility Bills to Wright Cou ty fi,Collection with Real Estate Taxes) (p. 44) �� 1,0 7. ADJOURNMENT ALBERTVILLE CITY COUNCIL November 3, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tim Sweeney, Tom Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add conversation with Senator Ourada at 8:30 PM • Add Item 5d(1) - Traffic lights • Add Item 5d(2) - update on Buyer property Fay made a motion to approve the agenda as amended. Klecker seconded the motion. All voted aye. Klecker made a motion to approve the minutes of the October 20, 2003, regular meeting as presented. Berning seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. No one addressed the Council. Berning made a motion to approve the Consent Agenda as follows: • Approve payment of claims (Check #'s 18793—18842) • Approve LMCIT Insurance Quotation • Accept withdrawal of Alpine Home's request for payment • Approve Law Enforcement Contract with Wright County Sheriff's Department from January 1, 2004 to December 31, 2005 Klecker seconded the motion. All voted aye. Mayor Peterson opened the public hearing to consider the assessment of the balance of the SAC fees for Spectators Grille & Bar, Inc. An agreement was signed by the owners of Spectators this spring to waive their right to appeal the assessment of the balance of $31,000 in SAC fees. Mayor Peterson asked for comments from the audience. There were no comments from audience and Mayor Peterson closed the public hearing. Rich made a motion to approve RESOLUTION #2003-33 titled RESOLUTION ADOPTING ASSESSMENT FOR SAC FEES. Fay seconded the motion. All voted aye. City Planner Al Brixius reviewed the proposed preliminary plat PUD of The Shoppes of Towne Lakes One. The preliminary plat consists of six commercial lots and requires a Conditional Use Permit to allow for impervious surfaces of more than 25%. Albertville City Council Minutes November 3, 2003 Page 2 of 4 In addition to the preliminary plat, Brixius reviewed the site and building plan reviews for Minnesota Lighting and Fireplace on Lot 3 and for Country Inn and Suites on Lot 6. Lot 5 is being reviewed in concept only as a site fir a future restaurant. Klecker made a motion to adopt the Findings of Fact & Decision, granting preliminary plat, PUD and CUP to The Shoppes of Towne Lakes with the following additional conditions: • "Should" will be replaced with "shall" • Lots 1 and 5 will be limited to restaurant uses. Peterson seconded the motion. Klecker, Peterson, Berning and Rich voted aye. Fay voted no. The motion carried. Rich made a motion to adopt the Findings of Fact & Decision, approving the site and building plan review for Minnesota Lighting and Fireplace on Lot 3, The Shoppes at Towne Lakes One. Klecker seconded the motion. All voted aye. Peterson made a motion to adopt the Findings of Fact & Decision, approving the site and building plan review for Lots 5 and 6, The Shoppes at Towne Lakes One. Rich seconded the motion. All voted aye. Senator Mark Ourada briefly reviewed the last changes made in the last legislative session. He asked what were the items of concern to the Council. The Council indicated its number one concern is the lack of funding for transportation. Ourada explained that there is no additional funds for transportation improvements at this time. Funding transportation needs will be difficult until the governor makes a proposal for additional funding. Planner Brixius reviewed the final plat of the Towne Lakes 4th Addition. The Kingman Homes designed townhouses approved with preliminary plat shows all units with two car garages. The townhouse plan has been redesigned by Rottlund Homes and show only the end units with two car garages. This is inconsistent with the preliminary plan approval. The number of townhomes have been reduced by seven units from preliminary to the proposed final plat. It is staff s recommendation to deny both the final plat and the townhome design. During discussion of staff s recommendation, Councilmember Berning stated that two car garages is essential for approval. He would also like to see more architectural appeal to townhouses. Councilmember Fay is concerned the lengths of the driveways since there will be limited parking on the street. Dave Hempel, representing CPDC, requested the Council a continuance of Council action on the final plat for Towne Lakes 41h Addition until the townhouse design can be modified. Klecker made a motion to approve renting the agricultural land behind the WWTF to Brian Beaudry for $65.00 an acre, or $1,130 per year. Fay seconded the motion. All voted aye. Planner Brixius gave a brief overview of the Zoning Ordinances recommended by the Planning Commission. Albertville City Council Minutes November 3, 2003 Page 3 of 4 Rich made a motion to approve the following ordinances: • Ordinance 2003-23 (Definitions) • Ordinance 2003-24 (Shopping Centers) • Ordinance 2003-25 (Pole Building) • Ordinance 2003-26 (Trash Enclosures) • Ordinance 2003-28 (Building Type and Construction) • Ordinance 2003-29 (Parking) • Ordinance 2003-30 (B-1) • Ordinance 2003-31 (B-2) • Ordinance 2003-32 (B-2A) • Ordinance 2003-33 (B-3) • Ordinance 2003-34 (B-4) • Ordinance 2003-35 (B-W) • Ordinance 2003-36 (Shoreland Overlay District) Fay seconded the motion. All voted aye. City Engineer Pete Carlson explained that all the traffic lights in the City are set up as protected/permissive right turns. The Council directed Carlson to arrange to have the lights reprogrammed to a protected right -turn on a trial basis. Carlson is continuing to work with the developer to correct the wetland area on the rear of the several lots. The wetlands were not created correctly by developer originally. Fay made a motion to approve the Contract for Private Development By and Between City of Albertville, MN, and Donald G. & Betty L. Barthel, relating to TIF District #9. Rich seconded the motion. All voted aye. Keith Franklin made a proposal to the City Council relating to a community directional sign to be located at the intersection of Main Avenue NE and CSAH 37. He proposes to design and construct a monument type sign, with an electronic reader board and six leasable spaces per side. Franklin proposed that if the city would purchase the two reader board units, approximately $15,000, he will construct and maintain all aspects of the sign in exchange for being able to lease out the twelve business signs. He believes the entire project can be completed within 45 days. City Attorney Couri will prepare a draft agreement between the City and Franklin Outdoor Sign for consideration at the next meeting. Elmer Eichelberg, Wright County Commission Chairman, introduced himself to the Council. Klecker made a motion to approve RESOLUTION #2003-34 titled A RESOLUTION OF THE CITY OF ALBERTVILLE CONFIRMING THE APPOINTMENT OF LARRY Albertville City Council Minutes November 3, 2003 Page 4 of 4 R. KRUSE AS CITY ADMINISTRATOR AND ADOPTING AN EMPLOYMENT AGREEMENT AND PROVIDING AN EFFECTIVE DATE THEREOF. Fay seconded the motion. All voted aye Fay made a motion to purchase a used bucket truck from the City of Monticello in the amount of $4,025.00. Peterson seconded the motion. All voted aye. aye. Klecker made a motion to adjourn at 10:55 pm. Rich seconded the motion. All voted Don Peterson, Mayor Linda Goeb, City Administrator 4 Nbertville Smell Town Uving. 09 Cite Ufa, CITY OF ALBERTVILLE *Check Detail Register© November 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 018866 11/17/2003 A #1 BATTERY SOURCE - E 101-43100-404 Repair/Maint - Machinery/Equip $77.10 215543 repair - cell phone E 101-45100-404 Repair/Maint - Machinery/Equip $77.10 215543 repair - cell phone Total A #1 BATTERY SOURCE $154.20 Paid Chk# 018867 11/17/2003 ARAMARK UNIFORM SERVICES 11/14/03 10:08 AM Page 1 E 101-45100-417 Uniform Rentals $97.56 10312003 Uniform Sery - Parks Dept E 601-49450-417 Uniform Rentals $65.04 10312003 Uniform Sery - Sewage Dept. E 101-43100-417 Uniform Rentals $97.56 10312003 Uniform Sery - PW Dept. E 602-49400-417 Uniform Rentals $65.04 10312003 Uniform Sery - Water Dept Total ARAMARK UNIFORM SERVICES $325.20 Paid Chk# 018868 11/17/2003 CARQUEST E 601-49450-404 Repair/Maint - Machinery/Equip ($37.65) C28907 CREDIT MEMO E 101-43100-404 Repair/Maint - Machinery/Equip $5.70 D242256 light bulb E 101-43100-404 Repair/Maint - Machinery/Equip $34.44 D242257 heavy duty rubber tire E 101-43100-215 Shop Supplies $104.49 D243085 general supplies E 101-43100-404 Repair/Maint - Machinery/Equip $4.11 D243136 fuel filter E 601-49450-404 Repair/Maint - Machinery/Equip $37.65 D243189 trailer comm harness E 601-49450-404 Repair/Maint - Machinery/Equip $31.10 D243191 trailer conn apptr E 601-49450-404 Repair/Maint - Machinery/Equip $6.26 D243274 oil filter E 101-43100-404 Repair/Maint - Machinery/Equip $20.07 D243460 motor fuels E 101-43100-404 Repair/Maint - Machinery/Equip $57.19 D243461 fuel / air filter E 101-43100-404 Repair/Maint - Machinery/Equip $7.19 D243492 oil filter E 101-43100-404 Repair/Maint - Machinery/Equip $34.24 D243515 choke conv kit E 601-49450-404 Repair/Maint - Machinery/Equip $15.21 D243636 oil E 101-43100-404 Repair/Maint - Machinery/Equip $60.12 D243647 coil repair parts E 101-43100-404 Repair/Maint - Machinery/Equip $12.76 D243659 gearoil E 602-49400-404 Repair/Maint - Machinery/Equip $36.05 D244216 oil - oil filter E 101-43100-215 Shop Supplies $25.94 D244320 oil dry E 601-49450-404 Repair/Maint - Machinery/Equip $0.87 D244392 fuse E 101-43100-404 Repair/Maint - Machinery/Equip $30.16 D244664 antifreese . Total CARQUEST $485.90 Paid Chk# 018869" 11/17/2003 CASE CREDIT CORPORATION E 101-43100-541 C/O - Tractor/Loader $27,616.93 November 200 WHL Loader Lease Payment Total CASE CREDIT CORPORATION $27,616.93 Paid Chk# 018870 11/17%2003 CENTER POINT ENERGY E 101-45100-383 Gas Utilities $5.33 11212003 Gas Utilities -Park Shelter E 101-43100-383 Gas Utilities $13.23 11212003 Gas Utilities-PW Garage E 101-41940-383 Gas Utilities $26.11 11212003 Gas Utilities -City Hall E 101-42400-383 Gas Utilities $26.46 11212003 Gas Utilities - Bldg Dept E 101-42000-383 Gas Utilities $28.19 11212003 Gas Utilities -Fire Dept E 101-41940-383 Gas Utilities $5.33 11212003 Gas Utilities -City Hall Total CENTER POINT ENERGY $104.65 Paid Chk# bit 671 11/17/2003 CHRISTIAN BUILDERS G 101-22800 Landscaping Escrow __ $2,500.00 420568SOD 11496 53rd Street - SOD only Total CHRISTIAN BUILDERS $2,500.00 Paid Chk# 018872 11/17/2003 COBORN'S E 101-42400-200 Office Supplies (GENERAL) $5.51 100808101 Office Supplies E 101-41400-200 Office Supplies (GENERAL) $18.42 100819724 General Office Supplies Total COBORN'S $23.93 Paid Chk# 018873 11/17/2003 CROW RIVER FARM EQUIPMENT 5 A,Ibertvillc Smdl T.- Uving. Mg City Uls- CITY OF ALBERTVILLE *Check Detail Register© November 2003 Check Amt Invoice Comment E 101-45100-404 Repair/Maint - Machinery/Equip $36.97 100982 Repair parts Total CROW RIVER FARM EQUIPMENT $36.97 Paid Chk# 018874 ✓ 11/17l2003 CROW RIVER RENTAL, INC. w -- E 101-43100-410 Rentals (GENERAL) $106.84 10219-1003 Trencher- Ditch Witch Total CROW RIVER RENTAL, INC. $106.84 11/14/03 10:08 AM Page 2 Paid Chk# 018875 11/17/2003 DJ'S TOTAL HOME CARE CENTER� E 101-42000-200 Office Supplies (GENERAL) $59.73 103103 general office supplies E 101-43100-215 Shop Supplies $58.51 728551 supplies E 101-42400-200 Office Supplies (GENERAL) $21.60 729393 supplies E 601-49450-210 Operating Supplies (GENERAL) $17.56 730460 supplies E 601-49450-210 Operating Supplies (GENERAL) $43.28 731233 misc supplies E 101-43100-215 Shop Supplies $27.07 733389 misc supplies E 101-42000-405 Repair/Maint - Buildings $20.16 733765 furnace filters E 101-43100-215 Shop Supplies $15.52 734059 supplies E 101-41940-404 Repair/Maint - Machinery/Equip $46.89 735495 basic supplies E 101-43100-215 Shop Supplies $29.21 735900 supplies E 101-42000-405 Repair/Maint - Buildings $25.43 736222 basic bldg supplies E 101-45100-530 Improvements Other Than Bldgs $15,74 736496 park improvements E 602-49400-210 Operating Supplies (GENERAL) $60.50 737726 cleaning supplies E 101-43100-215 Shop Supplies $49.58 738118 shop supplies Total DXS TOTAL HOME CARE CENTER $490 - Paid Chk# 018876 11/17/2003 DO' S'AUTO & REPAIR -` E 101-42000-404 Repair/Maint - Machinery/Equip $191.59 023848 replacement batteries E 101-42000-212 Motor Fuels $41.74 20419 fuel E 101-42000-212 Motor Fuels $16.40 20503 fuel E 101-45100-212 Motor Fuels $36.56 20545 fuel E 101-43100-212 Motor Fuels $23.78 20617 fuel Total DON'S AUTO & REPAIR $310.07 Paid Chk#�01887711/17/2003 EARL F. ANDERSON, INC. R 201-34705 Park Dedication Fees _ $3,059.85 0057063-IN Winter Park Plans Total EARL F. ANDERSON, INC. $3,059.85 Paid Chk#. 018878 11/17/2003 EGGEN'S DIRECT SERVICE, INC. w E 101-45100-212 Motor Fuels $5.75 1-2125 fuel - parks E 101-43100-212 Motor Fuels $25.01 1-2658 fuel E 101-43100-212 Motor Fuels $21.01 1-8563 fuel E 101-43100-215 Shop Supplies $8.52 11209 supplies E 601-49450-212 Motor Fuels $35.75 77154 fuel E 101-43100-212 Motor Fuels $43.50 77155 fuel E 602-49400-212 Motor Fuels $45.00 77166 WWTF fuel E 101-45100-212 Motor Fuels $44.11 77173 fuel E 602-49400-212 Motor Fuels $40.70 77184 fuel E 601-49450-212 Motor Fuels $36.00 77188 fuel E 101-43100-215 Shop Supplies $6.49 77195 supplies E 101-43100-212 Motor Fuels $44.11 77199 fuel E 602-49400-212 Motor Fuels $35.00 77210 fuel E 101-43100-212 Motor Fuels $44.00 77211 fuel Total EGGEN'S DIRECT SERVICE, INC. $434.95 Paid Chk# 018879 11/17%2b03 EMERGENCY MEDICAL PRODUCTS E 101-42000-200 Office Supplies (GENERAL) $157.50 482317 Total EMERGENCY MEDICAL PRODUCTS $157.50 Paid Chk# 018880 11/1'7%2003 FERGUS POWER PUMP, INC. Medical Supplies E 601-49450-300 Professional Srvs (GENERAL) $23,085.00 5304 CITY OF ALBERTVILLE 11/14/03 10:08 AM lbe1 1 ♦ i11c Page *Check Detail Register© Smdl T.wn LMng. Big City ills. November 2003 Check Amt Invoice Comment Total FERGUS POWER PUMP, INC. $23,085.00 Paid Chk# 018881 %17/2003 FRONTLINE PLUS FIRE & RESCUE "" 9 E 101-42000-437 Misc. Donations $735.00 8799 4" overland supplie hose Total FRONTLINE PLUS FIRE & RESCUE $735.00 Paid Chk# 018882 11/17/2003 FUTRELL FIRE CONSULT &DESIGN R 101-32210 Building Permits $388.75 17004 Review Plans R 101-32210 Building Permits $345.00 17016 Review plans R 101-32210 Building Permits $590.00 17043 Reviewing plans Total FUTRELL FIRE CONSULT & DESIGN $1,323.75 Paid Chk# 018883 11/17/2003 GRAINGER°- E 601-49450-580 Other Equipment $44.28 495-768488-1 MOTOR, 1/10 HP, 4/4 1N Total GRAINGER $44.28 Paid Chk# 018884 {11/*/2003 "pH 8 R CONSTRUCTION COMPANY E 101-43100-226 Sign Repair Materials _$2,175.00_ 9279 f & i Traffic Barrier - post Total H & R CONSTRUCTION COMPANY $2,175.00 Paid Chk# 018885 11/17/2003 INTERNAL REVENUE SERVICE',,," G 101-21701 Federal Withholding $20.76 070919 taxes due _ Total INTERNAL REVENUE SERVICE $20.76 Paid Chk# 018886 11/17/2003 KRISTALL HOMES, INC " G 101-22800 Landscaping Escrow $3,000.00 420485 5369 Kagan Avenue Total KRISTALL HOMES, INC $3.000 00 Paid Chk# 018887 11/17/2003 "L M C. E 101-41940-361 General Liability Ins $49,361.00 14427 Property Liability Insurance E 101-45100-361 General Liability Ins $4,133.00 14428 Parks Liability Insurance E 101-41940-361 General Liability Ins __ $450.00 14429 Bldg/Grounds Liability Insuran Total L.M.C.I.T. $53,944.00 Paid Chk# '018888 ­ 11/17/2003 'LARSON PUBLICATIONS E 101-42000-200 Office Supplies (GENERAL) $83.70 06545883 Fire Prevention Ad Total LARSON PUBLICATIONS $83.70 Paid Chk#'018889 -111 1/17/2003 M & P SIGN CO. E 101-43100-226 Sign Repair Materials $42.60 5261 P/S Vinyl Decals Total M & P SIGN CO. $42.60 Paid Chk# 018890 11/1"7/2003" 'MBPt' A E 101-42400-208 Training and Instruction _ $15.00 11182003 Monthly Conference Total MBPTA $15.00 �.... Paid Chk# 018891 11/17/2003 MIDWEST ANALYTICAL SERVICES �. . E 601-49450-218 Testing Expenses $174.00 318070 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $134.00 318074 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $308.00 _,., .. ' Paid Chk# 018892 11l17/2003 MIDWEST LANDSCAPES .., �.- , . E 101-45100-437 Misc. Donations $359.97 10917 Maple, Birch, Ash - trees Total MIDWEST LANDSCAPES $359-97 Paid Chk# 018893 + 11/17/2003 MILLER,m"BRIDGET E 101-43100-582 C/O - Misc. Equipment $2.00 10302003 Bucket Truck -short on transfe E 101-41400-331 Travel Expenses $22.40 10302003 Mileage - conference Total MILLER, BRIDGET $24.40 7 lbertvi j j£ Small Town Uring. Big City Ufs. CITY OF ALBERTVILLE *Check Detail Register© November 2003 11/14/03 10:08 AM Page 4 Check Amt Invoice Comment Paid Chk# 018894 " ' 11/i7%2003 MN DEPT. OF PUBLIC SAFETY E 601-49450-208 Training and Instruction $25.00 86005000902 Hazardous Chemical Inv. Fee Total MN DEPT. OF PUBLIC SAFETY $25.00 u, ��,,..-,. ' ,ffl'.,,, . j_'/ .. , ..... ,� ,...- . x.... Paid Chk# 018895 11/17/2003 MONTICELLO ANIMAL CONTROL _ ...,. ._,.,. . a...., �....,, wo. ....,, ,_,2 `""'I "r 1`° 1-11-11 E 101-42700-309 Animal Control Contract $40.00 417 Animal Control -Stray Animal Total MONTICELLO ANIMAL CONTROL $40.00 Paid Chk# 018896 11/17/2003 N.A.C. E 101-41910-306 Planning Fees $944.50 13087 CityAdmin. Interviewing E 101-41910-306 Planning Fees $140.34 13087 ry Storage ordinance E 101-41910-306 Planning Fees $201.40 13087 General E 101-41910-306 Planning Fees $288.95 13087 Commercial zone dist E 101-41910-306 Planning Fees $577.50 13087 community direction sign E 456-49000-306 Planning Fees $212.00 13088 TL - Seasonal Concept E 456-49000-306 Planning Fees $2,861.81 13088 Towne Lake commercial E 456-49000-306 Planning Fees $736.59 13088 TL 4th E 101-41910-306 Planning Fees $150.00 13088 Prairie Run E 101-41910-306 Planning Fees $114.48 13088 Heidi's market E 101-41910-306 Planning Fees $92.50 13088 Bodine Commercial E 101-41910-306 Planning Fees $91.50 13088 Christianson E 101-41910-306 Planning Fees $50.00 13088 Dental Office E 101-41910-306 Planning Fees $625.00 13089 General Total N. A. C. $7,086.57 Paid Chk# 018897 3 11/17/2003 NATIONAL WATERWORKS _ ...... ..... ...z.. _ -..., ..,.ti. E 601-49450-406 R/M - Collection System __$169.77 9911240 Supplies for repair Total NATIONAL WATERWORKS $169.77 Paid'Chk# 018898 11/17/2003 NORTHLAND CHEMICAL CORP. E 101-41940-210 Operating Supplies (GENERAL) $135.86 72556 operating supplies Total NORTHLAND CHEMICAL CORP. $135.86 Paid Chk# 018899 11/17/2003 PAT'S 66 E 101-42000-212 Motor Fuels $141.73 10312003 Fire Dept Fuel E 101-42400-212 Motor Fuels $35.00 2553 BD fuel E 101-42400-212 Motor Fuels $44.00 3134 BD fuel E 101-43100-212 Motor Fuels $54.25 3340 PW fuel E 101-45100-212 Motor Fuels $26.02 3400 Parks fuel E 101-43100-212 Motor Fuels $35.40 3442 PW fuel E 601-49450-212 Motor Fuels $37.00 4103 WWTF fuel E 101-43100-212 Motor Fuels $21-18 4124 PW fuel Total PAT'S 66 $394.58 ,,. . „_ P. ., aid Chk# �018900 11/17/2003 PINNACLE PRINTING, INC. _4 E 101-41100-300 Professional Srvs (GENERAL) $367.43 2521 Newsletter -paper Total PINNACLE PRINTING, INC. $367.43 Paid Chk#�018901 11/17/2003 PLAISTED COMPANIES _.. E 101-45100-437 Misc. Donations $359.57_ 34012 sand control _ Total PLAISTED COMPANIES $359.57 Paid Chk# 018902 11/17/2003 PORTABLES PL11 US SANITATION E 101-45100-415 Other Equipment Rentals $410.20 107680 Rental -Portable Bathrooms -------------- Total PORTABLES PLUS SANITATION --- $410.20 Paid Chk# "018903 11/17/2003 PRECEDENCE HO11 MES G 101-22800 Landscaping Escrow $3,000.00 093426 Escrow 2 - Sod and 2 Trees Nlbertvillc Smell Tow» living. eig eiry We. CITY OF ALBERTVILLE *Check Detail Register© November 2003 11/14/03 10:08 AM� Page 5 Check Amt Invoice Comment Total PRECEDENCE HOMES $3,000.00 -,, .._",. ..�.,�AND K, _ .EY. ,. "Paid Chk# 018904 11%17/2003 RUSSELL'S L LOCK , INC. -.. .,.._�_.... _ _r.. E 101-41400-200 Office Supplies (GENERAL) $14.38 A5899 AA16 Keys Total RUSSELL'S LOCK AND KEY, INC. $14.38 Paid Chk# 018905 11/17/2003 SPECIALTY FASHIONS-,-, E 101-42000-417 Uniform Rentals $87.25 3775 Uniform -jacket Total SPECIALTY FASHIONS $87.25 ., .,., „ �, .,..t .,.,- . _,,.. Paid Chk# 018906 11/17/2003 SPRINT- IL ........ ., ...._. E 101-41940-321 Telephone $_50.25 10242003 Phone - Long distance Total SPRINT- IL $50.25 Peed Chk# 018907y s 11/17/2003 U. S. POSTMASTER E 101-41100-300 Professional Srvs (GENERAL) $301.31 112003NL Postage - Newsletter Total U. S. POSTMASTER $301.31 Paid Chk# 018908 11/17/2003 WASTE E MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $156.53 0659326-1593- Refuse Waste Hauler Total WASTE MANAGEMENT $156.53 Paid 6hk#1 018909 11/17/2003 W11 RIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $21,170.00 Patrol-03-11 Police Protection Sery Total WRIGHT CTY SHERIFFS PATROL $21,170.00 Paid Chk# 018910 11/'17'/2003 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $3,297.00_ 102003 Recycling Contract Total WRIGHT RECYCLING $3297.00 Paid Chk# 018911 11/17/2003 XCELENERGY E 101-45100-381 Electric Utilities $2.69 11302003 E 101-43160-381 Electric Utilities $3.75 11302003 E 101-45100-381 Electric Utilities $23.13 11302003 E 101-43160-381 Electric Utilities $33.75 11302003 E 601-49450-381 Electric Utilities $4.82 11302003 Total XCEL ENERGY $68.14 Fund Summary 101 GENERAL FUND 201 PARK DEDICATION 456 TOWNE LAKES 601 SEWER FUND 602 WATER FUND 10100 Premier Bank $158,103.07 10100 Premier Bank $127,025.59 $3,059.85 $3,810.40 $23,924.94 $282.29 $ 158,103.07 Electric-58th -Skating/Rink Electric-CR 19 & 37 Traffic Electric-51 st St-P.Shelter Electric-CR 19 & 57 Traffic Electric-60th St -Lift Station E CITY OF ALBERTVILLE RESOLUTION # 2003-35 RESOLUTION CLOSING CERTAIN FUNDS WHEREAS, the Albertville City Council has reviewed its annual audit; and WHEREAS, the city's auditing firm has recommended elimination of some unnecessary funds. NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following actions are implemented: • Fund 205 (CMIF) is closed by transferring $3,002 from Fund 101 (General Fund) • Fund 317 (1988 Refunding Bonds) is closed by transferring $152,118 from Fund 300 (Closed Bond Fund) • Fund 318 (1989 Refunding Bonds) is closed by transfemng $28,839 to Fund 300 (Closed Bond Fund) • Fund 323 (1992 Ref/Imp Bond) is closed by transferring $13,644 to Fund 300 (Closed Bond Fund) • Fund 406 (TIF #6) is closed by transferring $991 from Fund 400 (Closed Capital Projects Fund) ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17" DAY OF NOVEMBER, 2003. Donald Peterson, Mayor Linda Goeb, City Administrator 10 AW aSrEw Ir F MEMORANDUM MEMO 1200 251h Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb Albertville City Administrator FROM: Peter J. Carlson, PE Albertville City Engineer DATE: November 11, 2003 RE: Letter of Credit Reduction Kollville Estates 3`d Addition Albertville, Minnesota SEH No. A-ALBEV0321.00 14 & 7 320.229.4300 800.572.0617 320.229.4301 FAX 1 have reviewed the work completed to date and recommend that the letter of credit be reduced to no less than $140,000. This amount represents 10% of the original letter of credit and the cost of the final bituminous wear course. Please call me if you have any questions. cah Enclosure c: Mike Court, City Attorney (w/enclosure) Alan Brtxtus, City Planner (w/enclosure) Scott Dahlke, Quality Site Design (w/enclosure) Mike Czech, SEH (w/enclosure) u:\a\a Ibcv\032100\C0rr\goeb. d oc Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer 11 aim v3Zi Quality Site Design, LLC 14 _ Civil Engineering Land Development Mr. Pete Carlson, P.E. S.E.H. PO Box 1717 1200 25 Ave. South St. Cloud, MN 56301 Re: Letter of Credit Reduction Request No. 1 Kollville Estates Third Addition Albertville, Mn Dear Pete, November 3, 2003 On behalf of the developer of the above referenced project, we are requesting that the Letter of Credit held by the City of Albertville be reduced, as appropriate, allowing for the completed items to date. The requested Letter of Credit reduction is as follows: $ 934,400.00 Original Letter of Credit amount $ 934,400.00 Current Letter of Credit amount $(841,000.00) Reduction Request No. 1 $ 93,400.00 Proposed adjusted Letter of Credit T'�e ftop; seu rCuuctloll would result in a remaining amount of ill% of the original letter of credit amount. If you have any questions, please do not hesitate to contact me at 763- 550-9056. Sincerely, Quality Site Design, LLC Scott Dahlke Cc: City of Albertville Kollville, LLC 00128 3600 Holly Lane N., Suite 100, Plymouth, MN 55447 • Phone (763) 55�ull0�l.. r 12 =S� MEMORANDUM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb Albertville City Administrator FROM: Peter J. Carlson, PE Albertville City Engineer DATE: November 13, 2003 RE: Letter of Credit Reduction Outlets at Albertville, Phase 3 Albertville, Minnesota SEH No. A-ALBEV0308.00 14 320.229.4300 800.572.0617 320,229.4301 FAX I have reviewed the work completed to date and recommend that the letter of credit be reduced to no less than $250,000. This amount is adequate to cover the CSAH 19 assessments, wetland mitigation warranty, and other miscellaneous items. Please call me if you have any questions. c: Mike Couri, City Attorney Alan Brixius, City Planner t \scmu\pubhc\goeb. doc Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer 13 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2003-34 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council has met and heard and passed upon all objections to the proposed assessment for certain improvements to 67TH Street and adjoining properties to the west, such improvements consisting of street , curb, gutter, sanitary sewer, storm sewer and municipal water service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday of January, 2004, and shall bear interest at a rate of 5.2% per annum from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be .added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County, and such 1 County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. ADOPTED by the City Council this 17th day of November, 2003. ATTEST TO: Bridget Miller, City Clerk Don Peterson, Mayor E 15 ASSESSMENT ROLL PID # 101-088-001010 Lot 1, Block 1 Albertville Business Park PID # 101-088-001030 Lot 3, Block 1 Albertville Business Park PID # 101-500-351200 Unplatted, Erwin Greeninger PID # 101-500-351402 Unplatted, Vision Builders PID # 101-500-351404 Unplatted, Vision Builders PID # 101-500-352100 Unplatted, Bernard J. Roden $118,464.03 $116,264.90 $143,073.04 $ 51,932.23 $ 20,513.23 $ 28,749.60 16 CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: November 17, 2003 SUBJECT: Public Works/Parks Maintenance Report Public Works The plow trucks and snow removal equipment are set up and ready to go. I would like to hire a part time person to be on call and only work when it snows. We installed 200" of drain tile behind 5179 and 5171 Lannon Avenue. The used bucket truck the city purchased seems to work well. Parks Maintenance The playground is completed at Winter Park. A large planter was installed and three (3) large trees have been planted at West Wind Park. The hockey rink and skating areas are set up and ready to be flooded. We will start flooding next month, weather permitting. Data O:\bridgett\My Documents\Public Works Reports\2003 ReportsTW-PR Report 11-17-03.doc 17 CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: November 17, 2003 SUBJECT: Wastewater Treatment Facility Report The Wastewater Treatment Plant continues to work well. We have completed the fall equipment maintenance and are working on pre -freeze type things. 509,000 gallons of sludge were hauled out of the ponds the last week of October. My goal was to try to get the sludge out of pond number 1. We had trouble keeping it thick. The more sludge we pumped out the more water came in. The sludge got too thin to haul cost effectively, so we had to pump some from pond number 2. All in all, everything turned out really well. JM:mh Data O:\bridgettWy Documents\Public Works Reports\2003 Reports\WWTF Report 11-17-03.doc 18 AW AM MEMORANDUM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb Albertville City Administrator FROM: Peter J. Carlson, PE Albertville City Engineer DATE: November 13, 2003 RE: Design Services for the WWTF Albertville, Minnesota SEH No. P-ALBEV 0407.00 14 320.229.4300 80M72.0617 320.229.4301 FAX Reference is made to my October 25, 2002 memo to you regarding the WWTF expansion schedule. We completed the EAW for the upgrade and are ready to move forward with the design of the upgrade. We forwarded our contract to Mike Couri for his review. Mike will be prepared to discuss our contract at the November 17 City Council meeting. We proposed to complete the design and bidding phases for a lump sum fee of $296,900. This contract arrangement is identical to the previous upgrade. Our initial, very preliminary construction cost estimate is $3.7 million. These costs are in accordance with the 1998 Facilities Plan. This work will be paid for by the City's Sewer Access Charge fund. Please call me if you have any questions. djg Enclosure c: John Stodola, SEH (w/enclosure) u \a\albev\030900\corr\m-city-1 1 1303. doc Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer AGREEMENT FOR ENGINEERING, ARCHITECTURAL, AND PLANNING SERVICES BETWEEN THE CITY OF ALBERTVILLE, MINNESOTA AND SHORT ELLIOTT HENDRICKSON INC. (SEH) THIS AGREEMENT made as of the day of in the year Two Thousand and Three 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, whereas the OWNER requires professional architectural/engineering services to have wastewater treatment facilities plans and specifications and contract documents prepared. NOW, THEREFORE, the OWNER and SEH for the consideration hereinafter set forth agree as follows: SECTION I — BASIC SERVICES OF SEH A. General 1. SEH agrees to perform professional services in connection with the Project as hereinafter stated. 2. SEH shall serve as the OWNER'S professional representative in all phases of the Project to which this Agreement applies, and shall give consultation and professional advice to the OWNER during the performance of their services. B. Plans, Specifications, and Contract Documents 1. SEH shall prepare detailed plans and specifications and contract documents for the wastewater treatment facility expansion and shall submit said plans, specifications, and contract documents to the MPCA for review and approval. The nor[ tmott Hencinckson Inc. Page 1 of 17 City of Albertville WWTP Phase 2 Expansion 20 plans, specifications, and contract documents shall be developed for the recommended wastewater treatment plant expansion as identified in the Albertville Wastewater Treatment Facility Phase 2 Expansion report dated February 28, 2003. The second phase of wastewater treatment facilities upgrade will consist of the following major elements: a. Provide variable frequency drives (VFDs) for the raw sewage pumps at the existing main lift station. b. The addition of a third static fine screen. C. The addition of a third anoxic selector with mixers for biological phosphorus removal. d. The addition of a second oxidation ditch aeration basin. e. The addition of a third final clarifier with a fiberglass domed cover. f. Modifications to the existing final clarifier sludge drawoff so that each clarifier has a direct pump connection. g. The addition of a fourth return activated sludge pump. h. Additional ultraviolet disinfection modules of UV bulbs which will be retrofitted into the existing channel. i. The addition of seven (7) sludge reed beds and associated piping and valves. j. The addition of an electrical room sized to accommodate the proposed Phase 2 expansion and floor space for a future Phase 3 expansion electrical equipment. k. Replacement of the existing standby engine -generator set with a larger unit in a weatherproof outdoor housing. Short Elliott Hendrickson Inc. City of Albertville Page 2 of 17 WWTP Phase 2 Expansion 21 1. Modifications to the existing PLC -based process control system as required to incorporate the new process equipment and related instrumentation. in. Addition of a supervisory control and data acquisition (SCADA) system for collection system lift stations. n. Electrical wiring, instrumentation, and controls will be provided to operate equipment, light the plant, and help control the process. o. Mechanical equipment consisting of heating and ventilation will be provided for building additions. p. Site grading and driveway construction will be provided. q. Piping and structures will be laid out to facilitate future Phase 3 expansion. 2. SEH shall perform all topographic survey work necessary in the preparation of detailed plans. 3. SEH shall obtain soil borings and analysis, through an independent testing company, that are necessary in preparation of detailed plans for the recommended wastewater treatment plant expansion. 4. SEH shall submit final plans and specifications to the MPCA for review, respond to MPCA review comments, and make required revisions to the plans and specifications. 5. SEH shall prepare a construction cost estimate based on the completed plans and specifications. Short tllwtt Hendrickson Inc. City of Albertville Page 3 of 17 WWTP Phase 2 Expansion 22 SECTION II — ADDITIONAL SERVICES OF SEH A. General If 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.B. l . Furnish certified land surveys. 2. Additional services due to significant changes in general scope of the Project including, but not limited to, change in size, complexity or character or caused by revisions to MPCA, or EPA guidelines or regulations. 3. Serving as an expert witness for the OWNER in any litigation or other proceedings involved in the Project. 4. Performing hydrogeologic studies, archeological and historical studies, environmental impact statements and environmental site acquisition audits (for site/soil contamination). 5. Develop easement descriptions for utilities proposed over private properties. There are no utilities proposed over private properties at this time. 6. Furnishing the OWNER or MPCA drawings other than needed for the review process. Reproduction of plans, specifications, and contract documents for distribution or bidding purposes will be done under a future separate agreement. 7. Preparation of applications and supporting documents for government grants, loans, or advances in connection with the Project. 8. Engineering services during construction which, in part, includes assisting the OWNER in advertising for, receiving, and analyzing bids for construction of the wastewater treatment facilities, shall be covered by a future separate agreement. 9. Additional services in connection with the Project not otherwise provided for in this Agreement. Short Elliott Hendrickson Inc. Page 4 of 17 City of Albertville WWTP Phase 2 Expansion 23 SECTION III — THE OWNER'S RESPONSIBILITY A. General The OWNER shall: 1. Provide full information as to its requirements for the Project. 2. Assist SEH by placing at SEH's disposal all available information pertinent to the Project. 3. Guarantee access to and make all provisions for SEH to enter upon lands as required for SEH to perform the work under this Agreement. 4. Obtain all permanent or temporary construction easements. 5. Give thorough consideration to all sketches, estimates, drawings, specifications, proposals and other documents presented by SEH, and inform SEH of all decisions within a reasonable amount of time so as not to delay SEH. 6. Provide such legal accounting and insurance counseling services as may be required for the Project. 7. Pay any charges or fees required by any agency or authority having jurisdiction over the Project for review of plans, specifications, and contract documents, or for obtaining permits. Short Elliott Hendrickson Inc. City of Albertville Page 5 of 17 WWTP Phase 2 Expansion 24 SECTION IV — PERIOD OF SERVICES A. It is anticipated that the services outlined in Section I of this Agreement shall be completed in accordance with the schedule herein. B. It is understood, however, that SEH shall not be responsible for any time delays in the Project by circumstances beyond SEH's control. The submittal schedule is defined as the date the work units are submitted to the MPCA. WORK UNIT DESCRIPTION START SUBMITTAL Plans, Specifications, Contract Within one month Eight months following Documents following Owner start date authorization to proceed C. Unless sooner terminated as provided in Section VI.I., this Agreement shall remain in force for a period which may reasonably be required for the Project, including responding to MPCA review comments and making required revisions to the plans and specifications and for extra work and any required extension thereto. SECTION V — PAYMENTS TO SEH A. Payments for the Basic Services of SEH Under Section I 1. SEH shall be compensated monthly for services as described in Section I.A. and I.B. 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 C1111AM-21�:7 Short Elliott Hendrickson Inc. City of Albertville Page 6 of 17 WWTP Phase 2 Expansion The Lump Sum amount includes compensation for SEH's services 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. The total payments to SEH for work described in Section I.A. and I.B. shall not exceed an estimated Lump Sum amount of $-l/rII. The estimated Lump Sum amount is based on starting preparation of plans and specifications by January 2004. 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.A. 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 �IIf the OWNER fails to make any payment due SEH for services and expenses within 511 t� days after receipt of SEH's statement, the amounts due SEH will be increased at the -ix� clq_ rate of 3/4 % per month from said t�eth 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. Snort tlllott Hendrickson Inc. Page 7 of 17 City of Albertville WWTP Phase 2 Expansion 26 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 at the same time and in the same locality. SEH makes no warranties, express or implied, under this Agreement or otherwise, in connection with SEH's services. 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 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 known notice or known 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. Short Elliott Hendrickson Inc. Page 8 of 17 City of Albertville WWTP Phase 2 Expansion 27 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. OWNER agrees not to make resolution of any dispute with SEH or payment of any amount due to SEH in any way contingent upon SEH's signing any such certification. B. Authorized Project Representatives i. 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. 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 contaminants. Therefore, the OWNER agrees to hold harmless, indemnify and defend SEH and SEH's officers, subconsultant(s), employees and agents harmless from and against any and all claims for losses, damages, liability, and costs, including but not limited to costs of defense, 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 out of SEH's sole negligence in the performance of services under this Agreement Snort Elliott Hendnckson Inc. City of Albertville Page 9 of 17 WWTP Phase 2 Expansion 28 arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the OWNER and included within SEH's services to be provided under this Agreement. 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 of SEH or SEH's officers, directors, partners, employees and SEH's consultant in the performance and furnishing of SEH services under this Agreement. Nothing in this paragraph, however, will relieve OWNER of its obligations under Article VI.C.1. or create a duty on SEH to indemnify OWNER for claims, losses, damages, liability, and costs, including but not limited to costs of defense, 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 as provided in Article VLC.1. 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 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 Short Elliott Hendrickson Inc. City of Albertville Page 10 of 17 WWTP Phase 2 Expansion 29 the total negligence of OWNER, SEH and all other negligent entities and individuals. D. Limitations on SEH's Liability 1. The OWNER hereby agrees that SEH's total liability to the OWNER for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to a Project or this Agreement from any cause or causes including, but not limited to, SEH's negligence, errors, omissions, strict liability, breach of Contract or breach of warranty shall not exceed the total available insurance proceeds paid on behalf of or to SEH by SEH's insurers in settlement or satisfaction of OWNER's claims under the terms and conditions of SEH's insurance policies applicable thereto, except that this clause shall not apply to such liability as may arise out of SEH's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the OWNER and included within SEH's services to be provided under this Agreement. Worker's 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 $5,000,000 umbrella policy. 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. 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. Short Elliott Hendrickson Inc. Page 11 of 17 City of Albertville WWTP Phase 2 Expansion 30 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; and the OWNER shall defend, indemnify and hold harmless SEH from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from reuse of SEH documents without written consent. 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 CADD files prepared by either party shall conform to the specifications of the systems and technology currently being utilized by SEH. The electronic files submitted by SEH to the OWNER are submitted for an acceptance period of thirty (30) days. The OWNER agrees it will perform any acceptance tests or procedures within 30 days. Any defects the OWNER discovers during this period will be reported to SEH and will be corrected as part of the SEH scope of services. Correction of defects detected and reported after the acceptance period will be compensated for as Additional Services as described in Section V.B. 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. 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 bnort tmott Hendnckson Inc. Page 12 of 17 City of Albertville WWTP Phase 2 Expansion 31 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. OWNER shall indemnify and hold harmless SEH and SEH's consultants from all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting therefrom. 6. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. 7. Any verification, reuse, or adaptation of the Documents for extensions of the Project or for any other project will entitle SEH to further compensation at rates to be agreed upon by OWNER and SEH. F. Dispute Resolution 1. In an effort to resolve any conflicts that arise during the design or 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. 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. Short Elliott Hendrickson Inc. City of Albertville Page 13 of 17 WWTP Phase 2 Expansion 32 G. Assignment 1. Neither party to this Agreement shall transfer, sublet, assign any rights under, or interests in this Agreement without the prior written consent of the other party. H. Insurance 1. SEH shall secure and maintain such insurance as SEH deems necessary or appropriate 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 services under this Agreement. 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. All policies of property insurance shall contain provisions to the effect that SEH's and SEH's consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. 4. 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 of time as requested by OWNER. 5. 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. I. Termination Short Elliott Hendrickson Inc. Page 14 of 17 City of Albertville WWTP Phase 2 Expansion 33 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 Short Elliott Hendrickson Inc. City of Albertville Page 15 of 17 WWTP Phase 2 Expansion 34 charges for expenses and equipment costs then due and all termination expenses. I Controlling Law 1. This Agreement is to be governed by the controlling law of the State of Minnesota. Short Elliott Hendrickson Inc. City of Albertville Page 16 of 17 WWTP Phase 2 Expansion 35 APPROVED: CITY OF ALBERTVILLE, MINNESOTA Un Don Peterson, Mayor By: Linda Goeb, City C rk �►'a�- ADDRESS FOR GIVING NOTICES: City of Albertville 5975 Main Avenue NE PO Box 9 Albertville, Minnesota 55301 SHORT ELLIOTT HENDRICKSON INC. John H. Stodola, PE Principal Gary Lidgerding Chief Financial Officer ADDRESS FOR GIVING NOTICES: Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 X:VXkAlbev\04 70U2-mgmilagme nt,doc Short Elliott Hendrickson Inc. City of Albertville Page 17 of 17 WWTP Phase 2 Expansion 36 ACORDTM CERTIFICATE OF LIABILITY INSURANCEEDATE'rDw "PRooUCER 10/12003 (952) 893-1933 FAX (952) 893-1819 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION H. Robert Anderson & Assoc., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4600 West 77th Street HOLDER THIS CERTIFICATE DpES NOT AMEND, EXTEND OR Suite 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Edina, MN SS435 INSURERS AFFORDING COVERAGE INsuRED Short- iott-Hen ric son, Inc. INSURER A_ United States: Fidelity Et Guaranty 3S35 Vadnais Center Drive IN Insurance- Hartford Fire Insu St. Paul, MN 5S110 Company. INSURERC. Security Ins. Co. o.t,.Harzrord INSURERD= _ _ .. _,.....__._.. r _ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LMTTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSR TYPE OF INSURANCE POL IICY EFFECTIVE X -POLICY EPIRATION AT IMODO"n POLICY NUMBER GENERAL LIABILITY K01493320 LIMITS 10/01/2003 10/01/2004 EACH OCCURRENCE $ 1.000.000. X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S - CLAIMS MADE XD 1O0 OCCUR - - ... - rQQ A - -MED EXP (Any one person) S 5 ' 00 PERSONAL 6 ADV RJ.IURY S 1,000,00 GENL AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE S 2,000,00 POLICY : PRO- � LOC _ - PRODUCTS - COMPIOP AGG S 2,000.00 AUTOMOBILEUAB&ITY BA012239SO 10/01/2003 10/0i/2004 X ANY AUTO - COMBINED SINGLE LIMIT S (Ea accident) ALL OWNED AUTOS 1,000,00 SCHEDULED AUTOS A - BODILY INJURY (Per person) S X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY 5 (Per accident) - PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ EXCESS LIABILITY BK01493320 AUTO ONLY. AGG S 10/0l/2003 10/01/2004 OCCURRENCE X OCCUR El CLAIMS MADE EACH S _ 5,000,00( A AGGREGATE S DEDUCTIBLE -EN. AGG. s 5,000,00C RETENT1oN S S .WORKERS COMPENSATION AND 41 WEKC27.46 EMPLOYERS' LIABILITY s 05/01/2003 05/O1/2004 X ER B TORy'NITS E.L. EACH ACCIDENT S 500,000 EL DISEASE - EA EMPLO S 500,000 EE0702021 ro�essional Liability E.L DISEASE - POLICY LIMB S 500,00() 10/O1/2001 10/O1/2004 Each Clai C m/ $5,000,000 Annual Aggregate $10,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEMCLEVEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 days notice for cancellation if reason is for non-payment of premium. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3O = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY FOR INFORMATIONAL PURPOSES ONLY. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR:; RESENTATIVE / ACORD 26S (7/97) ' ©ACORD CORPORATION 1988 SIGN LEASE AGREEMENT Whereas, the Albertville City Council ("City") desires to erect a Community Directional Sign ("Sign") on the corner of Main Street and CSAH 37 to aid residents and consumers in locating businesses in the City, particularly those located on Main Street; and Whereas, Franklin Outdoor Advertising Company ("Franklin") desires to lease said Sign from the City for a period of 10 years according to the terms of this Agreement; and Whereas, as rental for leasing said Sign, Franklin shall construct said Sign according to the specifications attached as Exhibit A to this Agreement, with the City paying the lesser of one-half of the cost of construction or $15,000, and Franklin paying the remaining cost of constructing the Sign; NOW, THEREFORE, the City and Franklin agree as follows: 1. Franklin shall construct the Sign in accordance with the specifications attached as Exhibit A to this Agreement. Said Sign shall be constructed within 45 days of the date of this Agreement, weather permitting, and as soon as possible thereafter if weather unduly impedes construction of the Sign within the required 45 day period. Franklin shall convey free of charge to the City all necessary software to program the LED reader board referred to in this Agreement. 2. Franklin shall have exclusive lease rights on both sides of the Sign for a period of 10 years from the date the Sign construction is completed ("Lease Term"), except for the LED reader board, which shall be controlled, programmed and operated by the City during the entire Lease Term and thereafter. 3. As rental payment for the Lease Term, Franklin shall pay for the cost of constructing said sign (including the LED reader board and all individual business sign boards), except that the City shall contribute to such cost the lesser of $15,000 or one-half of the construction cost of the Sign upon completion of construction by Franklin. Franklin shall provide the City with paid invoices for all labor and material used in construction of the Sign, as well as lien waivers for all contractors performing work on the Sign. 4. During the Lease Term, Franklin may lease out to businesses located in the City all 12 fixed directional signs at whatever rental rate Franklin desires, and Franklin may keep all revenue generated from said rentals during the Lease 38 Term. Franklin shall not lease out any other portion of the Sign other than the directional sign faces. 5. The City shall retain ownership of the Sign at all times, including the directional sign faces, but Franklin shall be responsible for promptly maintaining all aspects of the Sign, including the LED reader board during the Lease Term, at Franklin's expense. Franklin shall be responsible for obtaining, updating and maintaining as necessary and at its cost the directional sign faces affixed to the Sign. During the Lease Term, Franklin shall insure the Sign for its full replacement value at all times against damage from all causes, and shall provide liability insurance similar to a business premises liability policy in an amount equal to or greater than the maximum municipal tort liability limit under Minn. Stat. 466. . The City shall be named as an additional insured on each such insurance policy. The City shall have sole authority at all times over the content of the LED reader board and its hours of operation. The City shall pay all electricity usage charges during the Lease Term. 6. The directional sign faces placed on the Sign shall consist only of the name of the business or establishment which is located in the City and a directional arrow, both to be substantially similar in form to that shown on the attached Exhibit B. 7. During the Lease Term, Franklin may only lease the directional sign faces to businesses located in the City, and, as spaces become available for rental, Franklin shall give a first -in -time preference to businesses located on Main Street, provided that nothing in this Agreement shall require Franklin to lease space to businesses located on Main Street at rates cheaper than Franklin may be otherwise able to receive from businesses located elsewhere in the City. During the Lease Term, Franklin shall keep accurate records of all sign expenses incurred and rental revenue received on an annual basis, including which businesses such rental revenue was received from and the amounts received from each. Six months prior to the Lease Term, Franklin shall provide the City, free of charge, with all such detailed expense and revenue records to aid the City in taking over the management of the Sign. Nothing in this Agreement shall be construed as preventing the City from renewing the Lease Term or entering into a new lease agreement with Franklin or any other entity upon the expiration of the Lease Term. 9. Franklin shall not purport to lease to any business any portion of the Sign for any time period after the expiration of the Lease Term. All leases of Sign space entered into by Franklin during the Lease Term shall be in writing in a form approved by the City and shall state that the City owns the Sign and all 39 directional sign faces and shall clearly state the term of Franklin's lease with the City under this Agreement. 10. Franklin shall abide by all City ordinances in effect during the Lease Term, except that any ordinance purporting to prohibit the operation of the Sign during the Lease Term shall not act to terminate Franklin's right to operate and rent the Sign as otherwise permitted by this Agreement during the Lease Term. 11. The City shall be responsible for the payment of any monies in lieu of real estate taxes which may become due under Minn. Stat. 12. In the event of default by either party of the terms of this Agreement, the non - defaulting party shall be entitled to reasonable attorneys' fees and court costs incurred in enforcing this Agreement, in addition to all other remedies and damages allowed by law. 13. Franklin may not assign this lease to any other party without the prior approval of the Albertville City Council, which approval shall not be unreasonably withheld if the assignee can demonstrate that it has sufficient experience, competence and resources to maintain the Sign in a manner substantially similar to the manner in which Franklin is capable of performing under this Agreement. 14. This Agreement constitutes the entire agreement between the parties and supersedes all previous oral or written understandings of the parties. This Agreement may only be modified by a writing signed by both parties and duly approved by the Albertville City Council. Dated: 40 AW AMWS� MEMORANDUM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: October 25, 2003 RE: Wastewater Treatment Facility Albertville, Minnesota SEH No. P-ALBEV 309.00 14 320.229.4300 800.572.0617 320,229.4301 FAX Reference is made to the Wastewater Treatment Facility Plan, dated December 1998, in which a two -phased expansion of the treatment facility is outlined. The first phase of the expansion was completed in 2001. The second phase would be initiated as development required. Based on development trends at the time the facility plan was prepared, it was anticipated the second phase of the treatment plant would need to be on-line 7-10 years after completion of the first phase. Since the completion of the facility plan, the City has experienced a growth rate approximately 3 times what was assumed in the facility plan. To meet the demands of the current growth rate, the second phase of the wastewater treatment facility expansion will need to be on-line in late summer of 2006. The planning, design, and construction of the first phase expansion occurred over a period of approximately 3 years. This pace of plan implementation appeared to be a very comfortable pace for everyone involved in the project. The schedule did not require any fast -track decisions by the city council, questions were asked, answers were provided, and people had time to reflect on this very significant project. To maintain this kind of pace, it was anticipated that the planning of the second phase would need to begin late spring of 2003. However, the Minnesota Pollution Control Agency (MPCA) has notified us that due to reductions in their resources, plan reviews, which had been completed in 3 months, will now take approximately 6 months to complete. Factoring this time requirement into the project schedule indicates that the planning of the second phase construction should be initiated in November 2002. A project schedule is attached for your review. Please add this item to the November 4th agenda for discussion by the city council. attachment c: John Middendorf, City of Albertville John Stodola, SEH Tom Dye, SEH u \a\aIhev\030900\w ,\I -city w Afschedule-102502. doe Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer TA ,up P.O. Box 218 Albertville, MN 55301 � (763) 497-3000 • (800) 221-4144 • FAX (763) 497-4476 OUTDOOR ADVERTISING "Outdoor advertising SELLS for you oll day, every day," November 10, 2003 City of Albertville Albertville, Minnesota 55301 Proposal My name is Keith A. Franklin an Albertville resident and owner of Franklin Outdoor Advertising. My company provides advertising space on highway billboards for the business community primarily along the 1-94 corridor from Rogers to St. Cloud. Pertinent information about the company: 1. Albertville based business since 1981. 2. Currently has15 employees. 3. 1 am a resident of Albertville. 4. Currently leases a facility in Albertville. I would like to acquire the following city owned parcels of bare land in the Barthel's Industrial Park, Block 2, Lot 9, Lot 10 and Block 10, Lot 3 (see map). In exchange I propose to build a Cul-de-sac according to final city plans at an estimated cost of $35,000 per city engineer. Albertville would receive an extended road with utilities, and increase their real estate tax base. I request your favorable consideration of this proposal. Sincerely, �- Keith A. Franklin 42 Memo To: City Council From: Linda Date: 11/14/2003 Re: Sick Leave Benefits Upon my retirement, I will continue to maintain my medical and dental insurance policy through the City under COBRA laws. Since the City's sick leave policy is a "use it or lose if' policy, and I have accumulated 20+ eight hour days of unused sick leave, I am requesting that the Council consider allowing me to use those unpaid sick days to pay my insurance premiums for the first six months of my retirement. • Page 1 43 CITY OF ALBERTVILLE RESOLUTION # 2003-37 A RESOLUTION CERTIFYING UNCOLLECTED UTILITY BILLS TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, the City Council is desirous of collecting all charges for the use of the water department, the wastewater treatment facility and the storm water system; and WHEREAS, the City Council has determined that some water, sewer and storm water accounts remain uncollected and delinquent. NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County, Minnesota, hereby directs the city clerk to certify all uncollected sewer and storm accounts that have not been paid to the City on November 21, 2003, to the Wright County Auditor for collection with real estate taxes. BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts certified to the tax rolls will be assessed an eight percent (8%) interest charge upon certification and the total assessment will be collectible along with the 2004 taxes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 17TH DAY OF NOVEMBER, 2003. Don Peterson, Mayor Bridget Miller, City Clerk 44