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2002-05-20 CC PacketALBERTVILLE CITY COUNCIL AGENDA May 20, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) April 29, 2002, Special Council Meeting (b) May 6, 2002, City Council Meeting (c) May 13, 2002, Board of Review Meeting 3. CITIZEN FORUM — (lo minute Limit) 4. CONSENT AGENDA (a) Approve payment of claims (Check #'s 16197 — 16228) b) Approve application for Non -Intoxicating Malt Liquor License for Smackdown's Bar & Grill to sell 3.2 beer in an enclosed parking lot from 9:00 AM to 1:00 AM on June 6, June 7, and June 8, and from Noon to Midnight on June 9, 2002 (c) Approve application for Non -Intoxicating Malt Liquor License for Geez Sports Bar & Grill to sell 3.2 beer in an enclosed patio on June 7 and June 8, 2002 (d) Approve application for Non -Intoxicating Malt Liquor License for 152 Club to sell 3.2 beer in an enclosed volleyball court area June 8, and June 9, 2002 (e) Approve entering into a licensing agreement with The Lawrence Group to allow NAC to use the digital centerline file for the City of Albertville f) Approve request from Gridor Construction, Inc. to release the Pledged Safekeeping Agreement for the Wastewater Treatment Plant Expansion Project (g) Approve release of Letter of Credit in the amount of $18,957.00 for Albertville Factory o Outlets, L.L.C. (Outlets of Albertville) 5. DEPARTMENT BUSINESS a. Fire Department b. Public Works (1) Public Works/Parks Maintenance Report ,r5 C. (1) Final Plat -Albert Villas 61h Addition (2) Developer's Agreement — Albert Villas 61h Addition �5 (3) Update on DRN review of commercial shoreland ordinance City Council Agenda May 20, 2002 Page 2 of 2 d. Engineering _ 'A�� Sr,w (1) Award Bids for LaCentre Avenue Project (Albertville Crossings) ■ Resolution #2002-22 (Resolution Awarding Contract for LaCentre Avenue NE Improvements) (S (2) Report on meeting with Wright County Transportation Committee re: Tax l S Abatement (3) Trail along CSAH 18 3 0 (4) Cost estimate for sewer service to Greg Zachmann property e. Legal • (under Planning & Zoning Dept.) f. Administration (1) Ordinance #2002-11 — An Ordinance Establishing Salaries for Mayor and Councilmembers (2) Approve hiring Al Steinbring as part-time building inspector (3) Comm ity Center discussion �d 6. ADJOU M NT r ALBERTVILLE CITY COUNCIL a SPECIAL MEETING April 29, 2002 Albertville City Hall 6:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin, Scott Wallace, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike and City Administrator Linda Goeb Mayor Olson called the special meeting of the Albertville City Council to order. The agenda was amended by adding a discussion of an amendment to the Albertville Crossings Developer's Agreement/PUD. Mayor Olson opened the public hearing to consider the Northwest Commercial Park Improvement Project. City Engineer Pete Carlson described the three aspects of the project: (1) City street - This portion of the project consists of the construction of a street, sanitary sewer, water and storm water utilities through the City owned property north of the outlet mall. Estimated cost of the improvements is $863,707.74. The assessable frontage that could be assessed is 3,860 linear feet and the per foot assessment would be $223.76. The assessment could also be area assessment with 34.75 acres in the area assessed. A per acre assessment rate would be $24,855.90, or $0.57 per square foot. (2) CSAH 19 Improvements — This portion of the project would add right and left turn lanes from both directions along CSAH 19. The estimated cost of this improvement is $156,844.71. Benefiting properties total 202 acres, for an assessment rate of $766.46 per acre. (3) Albertville Business Park — The costs of this project (estimated at $368,367.81) would be assessed solely to the developed property. In addition this project will be assessed for their portion of the CSAH 19 improvements. Mayor Olson asked for comments from the public. Tom Fay asked what the assessment to his property directly north of the City's property would be and whether the assessment would be deferred. City Engineer Carlson explained that his property would be assessed proportionately with the assessment estimates listed above. The Council will make the decision whether or not the assessment is deferred. There was no other further comments from the public, and Mayor Olson closed the public portion of the hearing. Berning made a motion to adopt RESOLUTION #2002-11 titled RESOLUTION ACCEPTING PETITION TO CONSTRUCT IMPROVMENTS TO RODEN PROPERTY. Franklin seconded the motion. All voted aye. Vj Albertville City Council Minutes Special Meeting April 29, 2002 Page 2 of 2 Vetsch made a motion to adopt RESOLUTION #2002-12 titled RESOLUTION ORDERING STREET, SANITARY SEWER, WATER, AND STORM SEWER IMRPOVEMENTS TO CITY INDUSTRIAL/COMMERICAL PROPERTY. Franklin seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #2002-13 titled RESOLUTION AWARDING CONTRACT. The resolution accepts the low bid of LaTour Construction in the amount of $1,321,560.45. Franklin seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION #2002-14 titled DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Wallace seconded the motion. All voted aye. City Attorney Couri explained that the Coburn's store has requested an amendment to the Developer's Agreement for the Albertville Crossings plat relating to the hours that trucks can deliver to their store. The bakery supplier and the produce supplier will need to deliver goods during the hours of 3:00 AM and 6:00 AM. Couri is proposing that Paragraph O on page 10 be amended to state "Except for those trucks that are scheduled on a route that cannot be reasonably rescheduled to fit the time requirements of this paragraph, no loading or unloading of trucks or other commercial vehicles shall occur on Lots 1. 2 or 3, Block 1 of Said Plat from the hours of 11:00 PM to 6:00 AM on any day of the week." Franklin made a motion to approve the amendments to the Developers Agreement for Albertville Crossings as discussed. Wallace seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #2002-15 titled RESOLUTION ACCEPTING PETITION TO CONSTRUCT STREE, SANITARY SEWER, MUNICIPAL STORM SEWER, CURB AND GUTTER IMPROVEMENTS TO LACENTRE AVENUE NE. Franklin seconded the motion. All voted aye. Wallace made a motion to adopt RESOLUTION #2002-16 titled RESOLUTION ACCEPTING PETITION TO CONSTRUCT TRAFFIC SIGNAL. Berning seconded the motion. All voted aye. aye. Franklin made a motion to adjourn at 6:55 PM. Wallace seconded the motion. All voted John Olson, Mayor Linda Goeb, City Administrator ALBERTVILLE CITY COUNCIL A-L May 6, 2002 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Beming, Keith Franklin, Scott Wallace, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Place Items 4d and 4g from the Consent Agenda and add them to Administration • Add Item 5d(7) — Softball filed parking lot • Add Item 5d(8) — Walking trails along CSAH 19 • Add Item 5f(5) — Sheriff's Department • Add Item 5f(6) — 57th Street lot sale • Add Item 5f(7) — Moratorium Wallace made a motion to approve the agenda as amended. Franklin seconded the motion. All voted aye. Berning made a motion to approve the minutes of the April 15, 2002, meeting as presented. Wallace seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. No one in the audience wished to address the Council. Vetsch made a motion to approve the following items under the consent Agenda: • Approve payment of claims (Check #'s 16121 — 16171) • Approve request from Friendly City Days Committee to close the following streets ■ 58th Street (Main to Lander Avenue All Day, June 3 — June 10 ■ Lander Avenue (58th Street to Barthel's driveway) All Day, June 5 — June 6 ■ Main Avenue (57th - 591h Streets) 6:00 PM — 2:00 AM, June 7 ■ Lansing Avenue (501h — 5 1 " Streets) 1:00 PM — 4:00 PM, June 8 ■ Main Avenue (571h - 59th Streets) 6:00 PM — 2:00 AM, June 8 ■ Lander Avenue (571h — 58th Streets) 1:00 PM — 4:00 PM, June 8 ■ Main Avenue (50th — 60th Streets) 1:00 PM — 4:00 PM, June 9 ■ 59th Street (Barthel Drive — Main Avenue) 1:00 PM — 4:00 PM, June 9 ■ Barthel Drive (51" to 59th Streets) 1:00 PM — 4:00 PM, June 9 ■ 51st Street (Barthel Drive to Main Avenue) 1:00 PM — 4:00 PM, June 9 ■ 60th Street (CSAH 37 — Main Avenue 1:00 PM — 4:00 PM, June 9 • Approve application for the St. Albert's Catholic Church to conduct bingo and raffle sales at St. Albert's Parish Center on July 21, 2002 (Resolution 2002-17) Albertville City Council Minutes May 6, 2002 Page 2 of 5 • Approve application for Non -Intoxicating Malt Liquor License for Albertville Jaycees to sell 3.2 beer at the City Park Shelter on June 7, June 8, and June 9 • Approve application for the STMA Women of Today to conduct bingo at St. Albert's Parish Center on June 8, 2002 (Resolution 2002-18) Franklin seconded the motion. All voted aye. Mayor Olson opened the public hearing on the 57`h Street/CSAH 19 traffic signal proposal. Engineer Pete Carlson explained the proposal to install a traffic signal at the intersection of 57`h Street and CSAH 19. The estimated cost of the project is $225,000. The property to the east of CSAH 19 will be assessed one half of the cost of the signal. The property north of 571h Street and west of CSAH 19 is proposed to be assessed at the rate of $3,180 per acre. The City will pay the remaining balance. Mayor Olson asked for comments from the public. Don Jensen, representing Pilot Land Development Company, stated that his company agrees with the need for a traffic signal at the intersection but objects to the proposed assessment area that includes only the Casey's General Store and the Pilot's undeveloped lot. He asked the Council for more detailed information on how the assessment area was determined. He feels that additional properties to the north of Pilot's undeveloped lot and the properties to the south of 57ch Street also benefit from the traffic signal and should be assessed accordingly. There was no additional public comment, and Mayor Olson closed the public portion of the hearing at 7:30 PM. Councilmember Wallace requested that a speed study be conducted along with the traffic signal installation. Carlson indicated that he feels there is enough change in traffic patterns with the traffic light to justify another speed study. Berning made a motion to adopt RESOLUTION #2002-21 titled RESOLUTION ORDERING TRAFFIC SIGNAL IMPROVEMENT, as discussed. Wallace seconded the motion. All voted aye. Engineer Pete Carlson explained that Wright County wants a raised concrete median along CSAH 19 from Culver's to 57` Street. In order to fund this improvement, as well as making CSAH 19 a four -lane road from 50`h Street to north of the mall, Carlson presented a concept whereby the city and Wright County use tax abatement as a means to pay the debt service on the construction costs of a four -lane CSAH 19 with three additional traffic signals . The city can abate up to $100,000 in taxes per year and reserve those dollars to pay debt service for traffic improvements. The County also has the ability to use tax abatement as a funding mechanism and would need approximately $250,000 in tax abatements annually to pay the debt service for the construction project. Carlson feels that this concept presents a good option for both the County and the City, in that the City is agreeing to pay for part of the County's road but will Albertville City Council Minutes May 6, 2002 Page 3 of 5 benefit from improved traffic flows. If the concept is approved, construction could begin in the spring of 2003. Councilmember Berning requested that striping and turn lanes on CSAH 37 be included as a part of the tax abatement concept presented to Wright County. Franklin made a motion to authorize Carlson to present the tax abatement concept for finance the improvement of CSAH 19 to four lanes and to fund improvements discussed to CSAH 37 to the Wright County Transportation Committee on Wednesday, May 8th. Vetsch seconded the motion. All voted aye. Carlson was directed to prepare plans and specs for the CSAH 19/57th Street traffic signal designed for both two lane traffic and four lane traffic. City Administrator Goeb presented the Fire Hall energy audit results. Recommendations to provide savings on natural gas bills include installation of programmable thermostats for offices and storerooms, closing the dispatch office doors, installation of low-e window film in offices, cycling rooftop air conditioners and reducing the operation of the make-up air unit. These recommendations will save approximately $953 per year in natural gas and will cost approximately $740, making a combined payback period of less than one year. Berning made a motion to authorize the installation of the recommended items at the Fire Hall. Franklin seconded the motion. All voted aye. Franklin made a motion to purchase cabinets for the Fire Hall offices from Vetsch Custom Cabinets at a cost of $1,400. Wallace seconded the motion. All voted aye. The Parks Committee recommends purchasing skateboard equipment in the amount of $9,995 and installing concrete for the skateboard park in the amount of $4,642. Donations from the Albertville Jaycees in the amount of $3,000, and the Boy Scouts in the amount of $200 will be used towards the purchase, with the balance remaining coming from the Park Dedication Fund. Berning made a motion to authorize up to $15,000 expenditures for construction and equipment for a skateboard park to be located at the horseshoe pit site. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the bid for sidewalk installation along 57th Street from French Lake Curb in the amount of $6,442.00. Wallace seconded the motion. All voted aye. Vetsch made a motion to approve the expenditure of $4,000 for Class 2 to be used in the backstop, warning path and walk paths at the new ball field. Wallace seconded the motion. All voted aye. Albertville City Council Minutes May 6, 2002 Page 4 of 5 Franklin made a motion to approve hiring seasonal help 20-40 hours per week for the Parks Department and set the hourly wages for seasonal help at between $8.00 and $10.00 per hour. Wallace seconded the motion. All voted aye. Public Works Supervisor Tim Guimont told the Council the department will be installing barriers along the north side of the Fire Hall's parking lot. Estimated cost is under $1,000. Water and WWTF Operator John Middendorf was directed to get bids for better fencing around the WWTF facility rather than adding a lean-to to protect the generator. City Engineer presented a concept showing a joint City/County public works building on the WWTF site. The Council concurred that a joint facility would be cost-effective for both parties and authorized the presentation of the concept to Wright County. Berning made a motion to award the big for a transfer switch and receptacle on the Industrial Park lift station from Wes Olson Electric in the amount of $2,098.32. Wallace seconded the motion. All voted aye. City Attorney Couri explained that the platting moratorium adopted by the City in December 2001 expired on March 17, 2002. The Council directed Couri to proceed to develop an ordinance regarding right of way dedications for currently unplatted properties. City Engineer Carlson reported that the wetland replacement plan for the Northwest Commercial Park project was approved by the TEP (Technical Evaluation Panel) on a 2-1 vote, with Wright Soil and Water Conservation District being the dissenting vote. Wallace made a motion to adopt RESOLUTION #2002-19 titled A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE ALBERTVILLE COMMERCIAL PARK PARJECT TO FILL 0.80 ACRES OF WETLAND TO FACILITATE THE CONSTRUCTION OF A CITY STREET. Vetsch seconded the motion. All voted aye. Carlson was directed to prepare cost estimates for extending sanitary sewer from 53rd Street along the property lien to service the Gregg Zachmann property. Carlson reported that Wright County has denied two accesses on 50th Street for the Life in Christ Lutheran Church. Wright County approved maintaining the most westerly access on 50th Street and requires the other access be removed. City Administrator Goeb reported that a meeting with the DNR has been scheduled for Tuesday, May 141h, to discuss the shoreland ordinance adopted by the Council relating to commercial properties. Franklin made a motion to adopt RESOLUTION #2002-20 titled RESOLUTION FOR RE-ESTABLISHING UNCHANGED PRECINCTS AND POLLING PLACES. Wallace seconded the motion. All voted aye. Albertville City Council Minutes May 6, 2002 Page 5 of 5 Berning made a motion to deny the request for a donation from the Rivers of Hope organization. Vetsch seconded the motion. Berning, Vetsch, Franklin and Olson voted aye. Wallace voted no. The motion carried. City Administrator Goeb presented the performance evaluations of the city employees for the Council's review. She recommended hourly wage increases for the employees ranging from 3.7% to 9%. The total recommendation for wage increases is $9,518.44. Vetsch made a motion to approve wage increases for City employees as recommended by City Administrator Goeb. Wallace seconded the motion. All voted aye. The Council tabled action on the 3.2 Malt Liquor License application for Samckdown's Bar & Grill until the next Council meeting. Linda will contact the two other local bars regarding their plans for outdoor sales. Wallace made a motion to approve the Memorandum of Understanding Between the County of Wright and the City of Albertville (transportation services through River Rider Transit System for 2002). Franklin seconded the motion. All voted aye. The Council requested that the Wright County Sheriff's Office attend a Council meeting in the future to discuss police protection in the City. aye. Vetsch made a motion to adjourn at 10:00 PM. Wallace seconded the motion. All voted John Olson, Mayor Linda Goeb, City Administrator acmmo ALBERTVILLE CITY COUNCIL BOARD OF REVIEW May 13, 2002 Albertville City Hall 6:30 PM PRESENT: Mayor John Olson, Councilmembers Keith Franklin, LeRoy Berning and John Vetsch, Administrator Linda Goeb, and City Assessor Tony Rasmusson Mayor Olson called the Board of Review meeting to order. Rasmusson explained there were 74 homes sales in Albertville during 2001 and the median sales price for a house in Albertville is $154,400. He reported that residential land values in the City were increased $3,000-$5,000. Residential homes valuations were increased 10%; commercial values were increased approximately 14%; and ag land values were increased 10%, to approximately $20,000 per acre. City Assessor Tony Rasmuson told the Council that he had received a call from Mike Bauer (PID #101-04-*008170) questioning his increased evaluation. Tony found that he had assumed the basement was completely finished and discovered that it was not. Tony recommends that the evaluation be reduced by $7,200 to take into account the portion of the basement that is unfinished, leaving a total evaluation on the parcel at $161,000. Franklin made a motion to approve Tony's recommendation on Parcel #101-045- 008170, reducing its valuation from $168,200 to $161.000. Berning seconded the motion. All voted aye. Rasmusson erred on the valuation of the Terry Hozba home (PID #101-062- 001010). The center of the house is vaulted and should have been valued at one story over basement. Instead the evaluation assumed there were two stories over basement. Rasmusson recommends decreasing the total valuation on PID #101-062-001010 from $379,200 to $358,600. Berning made a motion to approve Tony's recommendation on Parcel #101-062- 001010, reducing its valuation from $379,200 to $358.600. Franklin seconded the motion. All voted aye. Franklin made a motion to adjourn at 7:15 PM. Berning seconded the motion. All voted aye. John Olson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE *Check Detail Register© May 2002 Check Amt Invoice Comment 10100 Security State Bank Paid Chk# 016197 5/20/02 ALLINA HEALTH SYSTEM E 101-42000-108 Medical Training $200.00 10000306 Medical Training Total ALLINA HEALTH SYSTEM $200.00 Paid Chk# 016198 5/20/02 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $46.63 April 2002 Uniform Sery - Parks Dept E 101-43100-417 Uniform Rentals $46.63 April 2002 Uniform Sery - PW Dept. E 601-49450-417 Uniform Rentals $46.63 April 2002 Uniform Sery - Sewage Dept. E 602-49400-417 Uniform Rentals $46.63 Apd12002 Uniform Sery - Water Dept Total ARAMARK UNIFORM SERVICES $186.52 Paid Chk# 016199 5/20102 BUSINESS RADIO LICENSING E 601-49450-300 Professional Srvs (GENERAL) $85.00 2002 Mem Radio License -WWTF Total BUSINESS RADIO LICENSING $85.00 Paid Chk# 016200 5/20/02 CARQUEST E 601-49450-404 Repair/Maint - Machinery/Equip ($14.99) April 2002 WWTF Credit Memo E 101-43100-215 Shop Supplies $24.21 April 2002 PW Shop Supplies E 101-45100-404 Repair/Maint - Machinery/Equip $64.45 April 2002 Parks Repairs E 101-43100-215 Shop Supplies $82.83 April 2002 PW Shop Supplies E 601-49450-212 Motor Fuels $111.53 April 2002 WWTF - Fuel E 101-43100-404 Repair/Maint - Machinery/Equip $124.10 April 2002 PW Repairs Total CARQUEST $392.13 Paid Chk# 016201 5120/02 CJ'S LINEN SERVICE E 101-42000-200 Office Supplies (GENERAL) $20.00 16263 Clean Turnout Gear Total CJ'S LINEN SERVICE $20.00 Paid Chk# 016202 5/20/02 CONSTRUCTION BULLETIN E 101-41100-351 Legal Notices Publishing $126.29 2039245 Bid - Frontage Road E 101-41100-351 Legal Notices Publishing $126.29 2043590 Bid - Frontage Road Total CONSTRUCTION BULLETIN $252.58 Paid Chk# 016203 5/20/02 CROW RIVER NEWS NORTH E 101-41400-433 Dues and Subscriptions $47.00 2002-2004 2-year Subscription Total CROW RIVER NEWS NORTH $47.00 Paid Chk# 016204 5/20/02 DAVIES WATER EQUIPMENT CO. E 601-49450-210 Operating Supplies (GENERAL) $104.43 3109203 Marking Paint - Flags Total DAVIES WATER EQUIPMENT CO. $104.43 Paid Chk# 016205 5/20/02 DJ'S TOTAL HOME CARE CENTER E 101-41940-399 Miscellaneous $108.08 April 2002 CH Bldgs: General Mntc E 101-43100-215 Shop Supplies $155.50 April 2002 PW General Supplies E 101-43100-404 Repair/Maint - Machinery/Equip $13.81 April 2002 PW Machine Mntc E 101-42000-200 Office Supplies (GENERAL) $37.64 April 2002 Fire Dept -General Supplies E 601-49450-210 Operating Supplies (GENERAL) $42.40 April 2002 WWTF-Operating Supplies E 101-45100-404 Repair/Maint - Machinery/Equip $49.74 April 2002 Parks Machine Mntc E 101-45100-210 Operating Supplies (GENERAL) $54.67 April 2002 Parks Operating Supplies Total DJ'S TOTAL HOME CARE CENTER $461.84 Paid Chk# 016206 5/20/02 DON'S AUTO & REPAIR E 101-42000-404 Repair/Maint - Machinery/Equip $245.72 19154 79 Ford -maintenance E 101-42000-404 Repair/Maint - Machinery/Equip $147.98 19166 99 Intl -maintenance E 101-42000-404 Repair/Maint - Machinery/Equip $249.94 19169 95 Int'i-maintenance E 101-42000-404 Repair/Maint - Machinery/Equip $193.61 19173 85 Chev-maintenance E 101-43100-400 Repair/Maint - Paved Rd $92.38 9161 Propane-crackfilling CITY OF ALBERTVILLE 05/17/02 8:16 AM Page 2 *Check Detail Register© May 2002 Check Amt Invoice Comment E 101-43100-212 Motor Fuels $36.41 9174 PW Motor Fuel E 101-43100-400 Repair/Maint - Paved Rd $89.40 9288 Propane-crackfilling E 101-42000-212 Motor Fuels $33.25 9319 Fire Dept -Fuel E 101-42000-212 Motor Fuels $24.82 9325 Fire Dept -Fuel Total DON'S AUTO & REPAIR $1,113.51 Paid Chk# 016207 5/20/02 EGGEN'S DIRECT SERVICE, INC. E 101-41940-399 Miscellaneous $70.07 April 2002 Bidg/gmds - Misc E 101-45100-212 Motor Fuels $116.86 Apd12002 Parks -Fuel E 101-43100-212 Motor Fuels $146.82 April 2002 PW - Fuel E 602-49400-212 Motor Fuels $233.88 April 2002 Water -Fuel Total EGGEN'S DIRECT SERVICE, INC. $567.63 Paid Chk# 016208 5/20/02 FEDERATED CO-OPS, INC. E 101-43100-400 Repair/Maint - Paved Rd $319.06 F04949 PW cracksealing E 101-45100-415 Other Equipment Rentals $212.68 F04951 Parks cracksealing Total FEDERATED CO-OPS, INC. $531.74 Paid Chk# 016209 5120/02 GOPHER STATE ONE -CALL E 601-49450-209 Locates $243.35 2040103 April Locates Total GOPHER STATE ONE -CALL $243.35 Paid Chk# 016210 5/20/02 GUIMONT, TIM E 101-45100-331 Travel Expenses $56.32 May 2002 Parks-Conference/mileage Total GUIMONT, TIM $56.32 Paid Chk# 016211 5/20/02 HARVEST PRINTING R 101-32210 Building Permits $105.65 9228 Bldg Permits Total HARVEST PRINTING $105.65 Paid Chk# 016212 5/20/02 MCFOA E 101-41300-433 Dues and Subscriptions $35.00 2002-2003 Administration Dues E 101-41400-433 Dues and Subscriptions $35.00 2002-2003 Deputy Clerk Dues Total MCFOA $70.00 Paid Chk# 016213 5/20/02 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $134.00 124894 WWTF-Testing Expense E 601-49450-218 Testing Expenses $134.00 125098 WWTF-Testing Expense E 601-49450-218 Testing Expenses $134.00 125136 WWTF-Testing Expense Total MIDWEST ANALYTICAL SERVICES $402.00 Paid Chk# 016214 5/20/02 MILLER TRUCKING/LANDSCAPING SU E 101-43100-400 Repair/Maint - Paved Rd $25.56 1831 Repair yard - snow removal Total MILLER TRUCKING/LANDSCAPING SU $25.56 Paid Chk# 016215 5/20/02 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $114.00 288 Animal Control -Stray Animal Total MONTICELLO ANIMAL CONTROL $114.00 Paid Chk# 016216 5/20/02 NEWMAN TRAFFIC SIGNS E 101-43100-226 Sign Repair Materials $164.12 TI-0086575 Children @ Play Signs Total NEWMAN TRAFFIC SIGNS $164.12 Paid Chk# 016217 5/20/02 NORTHWEST ASSOCIATED CONSULTAN E 101-41910-306 Planning Fees $628.86 10827 General Services E 101-41910-306 Planning Fees $264.00 10827 Sign Ordinance E 101-41910-306 Planning Fees $204.60 10827 Shoreland Regulations E 101-41910-306 Planning Fees $671.00 10828 Welcome Furniture CITY OF ALBERTVILLE 05/17/02 8:16 AM Page 3 *Check Detail Register© May 2002 Check Amt Invoice Comment E 101-41910-306 Planning Fees $566.25 10828 Cobom's Site Plan E 101-41910-306 Planning Fees $155.00 10828 Darkenwald Final Plat E 429-49000-306 Planning Fees $136.25 10828 Ashley Furniture Sign E 452-49000-306 Planning Fees $23.25 10828 JMJ Phase III E 456-49000-306 Planning Fees $15.50 10828 Towne Lakes Final Plat E 101-41910-306 Planning Fees $167.25 10828 Albertville Business Park E 101-41910-306 Planning Fees $500.00 10829 April General Sery Total NORTHWEST ASSOCIATED CONSULTAN $3,331.96 Paid Chk# 016218 5120/02 PATS 66 E 101-42000-212 Motor Fuels E 101-43100-212 Motor Fuels R 101-32210 Building Permits E 101-43100-212 Motor Fuels E 101-42000-212 Motor Fuels E 101-43100-212 Motor Fuels R 101-32210 Building Permits $71.19 $32.77 41621 $45.42 41839 $20.00 42015 $34.00 42073 $26.55 42269 $44.64 42397 Total PATS 66 $274.57 Paid Chk# 016219 5/20/02 POSTMASTER Fire Dept -General PW Fuel Bldg Inspect - Fuel PW Fuel FD Fuel PW Fuel Bldg Inspect. -Fuel E 101-41100-300 Professional Srvs (GENERAL) $651.38 May -June 200 Postage - Newsletter Total POSTMASTER $651.38 Paid Chk# 016220 5/20/02 PURCHASE POWER E 101-41400-413 Office Equipment Rental $553.47 April -May 2002 Postage Machine Rental Total PURCHASE POWER $553.47 Paid Chk 016221 5/20102 SCHARBER & SONS E 101-42000-404 Repair/Maint - Machinery/Equip $33.07 266417 Supplies -Equipment Total SCHARBER & SONS $33.07 Paid Chk# 016222 5/20/02 SPRINT- GA E 101-41940-321 Telephone $14.65 April -May 2002 Phone - long distance Total SPRINT- GA $14.65 Paid Chk# 016223 5/20/02 U. S. BANK E 355-47000-601 Debt Sry Bond Principal $87.50 1099456 1999A GO Bonds E 356-47000-601 Debt Sry Bond Principal $250.00 1099482 2000A GA Bonds Total U. S. BANK $337.50 Paid Chk# 016224 5120/02 VANCE BROS INC. E 101-43100-400 Repair/Maint - Paved Rd $1,324.72 19767 Crackfiiler Total VANCE BROS INC. $1,324.72 Paid Chk# 016225 5/20/02 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-400 Repair/Maint - Paved Rd $1,185.54 3346 Sand / Salt Mixture Total WRIGHT COUNTY HIGHWAY DEPT. $1,185.54 Paid Chk# 016226 5/20/02 WRIGHT CTY AUDITORITREASURER E 101-42110-307 Police Contract Fees E 101-42000-301 Auditing and Acct'g Services E 101-41800-511 Taxes on City Property Total WRIGHT CTYAUDITOR/TREASURER Paid Chk# 016227 5/20/02 WRIGHT RECYCLING $20,318.33 5-Patrol Police Protection Sery $50.00 A01-Albertville FD-Audit Verification $34.00 Fire Hall/Rec Fire Hall - Rec Hall $20,402.33 E 101-43200-308 Recycling Contract Fee $2,849.00 April 2002 Recycling Contract Total WRIGHT RECYCLING $2,849.00 CITY OF ALBERTVILLE 05/17/02 8:16 AM Page 4 *Check Detail Register© May 2002 Check Amt Invoice Comment Paid Chk# 016228 5/20/02 XCEL ENERGY E 101-43100-381 E 101-45100-381 E 601-49450-381 E 101-45100-381 E 101-42000-381 E 601-49450-381 E 601-49450-381 E 101-41940-381 E 101-43160-381 E 101-41940-381 E 601-49450-381 E 101-45100-381 E 101-41940-381 E 101-41940-381 E 101-45100-381 E 101-43160-381 E 601-49450-381 FILTER: None Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Total XCEL ENERGY $61.24 Apri12002 $67.92 Apri12002 $91.80 April2002 $22.63 April2002 $242.86 Apd12002 $5.95 April2002 $245.11 Apri12002 $106.01 April2002 $21.46 April2002 $19.97 April2002 $15.39 Apd12002 $7.38 Apri12002 $3.77 April2002 $3.14 April2002 ($234.53) April 2002 $3,531.72 April2002 $11.54 April2002 $4,223.36 10100 Security State Bank $40,324.93 Electric-PW Garage Electric -Main Ave -Parking Lot Electric -Sewage Plant -Mac Electric-51st St-P.Shelter Electric -Fire Dept Electric-52nd St -Lift Station Electric-60th St -Lift Station Electric -City Hail Electric-CR 19 & 37 Traffic Electric-LaBeaux Park-n-Ride Electric-Cty.Rd.18-1-ift Statio Electric-58th St-P.Shelter Electric-Oakside Siren Electric-CP-Siren Electric-58th -Skating/Rink Electric -Street Lighting Electric -AV - Lift Station 59' Albermue, inn azyovj (612) 497-3384 Fax: (612) 497-3210 The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1 Name of Applicant: ` )m ork 61) Sp(�)AS VJA?-�yr'� 7:5-r)C- 2. Name and Address of President and Secretary of Applicant: C� rAV-",A � I-e --SGVN P-D, k a:. ` A VW (_�_ -1 � �-e. Mji S530 ! sl� 3. Purpose for which funds derived will be used: 4. Date of activity: `A b I X, 5. Premises from which non-int xi t ng , malt ,_ liquor will be dispensed on said date: M CI ��A S� 6. Hours of operation: )-4 1=CG h� a3 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: Date:� )V�nSignature of plicant s) �Va, n-.,4nA P YCOs SE. '9 Albertville, MN 55301 (612) 497-3384 Fax: (612) 497-3210 APPLICATION FOR MOO —INTOXICATING MALT LIQUOR LICENSE The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- ication makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. i /� 1. Name of Applicant: �7PP_ Z �0,-a dJOvl ' e71-1 b 2. Name and Address of President and Secretary of Applicant: -etx G_?VVefSJ1 3. Purpose for which funds derived will be used: AJI wry 4. Date of activity: 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: az r s 6\,-.I op 121VI I aSY2 5hccrt Ar_eO 6. Hours of operation: �- 006 - W\ on sun %— Z,0:oo A t 7. Number of previous license obtained this calendar year: U 8. Name, address, telephone number and position held with Club off person signing this application: _.Qjjn �ro � ' -S 7&7 - vmeaih 6 S-- Date: 5 -��I 0, Signature of Applicant(s) (612) 497-3384 Fax: (612) 4974210 APPLICATION FOR WOR-IN OXICAYING HRLY LIQUOR LICEKW The undersigned certifies that it complies with Minnesota -Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 1. Name of Applicant: / 5� C / L.Y' 2. Name and Address of President and Secretary of Applicant: 3. Purpose for which funds derived will be used: 4. Date of activity: '3 trr -e �— 5. Premises from which non-'ntoxicating malt liquor will be dispensed on said date: - .- y v'e DMA M 6. Hours of operation: /J 6v A I'div,r��I 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: Date: 5�_ �� - �� Signature of Applicant(s) r'"le- - ti 0- 110RtNM1'ESt ASSOt1A1'!O QOtiSYtt YC 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile:952.595.9837 planners@nacplanning.com RECEIVED May 10, 2002 Ms. Linda Goeb City Administrative Offices P.O. Box 9 Albertville, MN 55301 RE: Albertville - GIS Data FILE NO: 802 Dear Ms. Goeb: MAY 1 3 [uu[ Our firm wishes to enter into a contract with The Lawrence Group to use their digital centerline file for your community. This file will allow us to more easily map and label streets in your City. In order to obtain this data, your City must enter into a licensing agreement with The Lawrence Group. Please fill out the requested information on pages 6 and 7 of the enclosed licensing agreement and return both copies to The Lawrence Group at the following address: 108910th Avenue SE, Minneapolis, MN 55414. The Lawrence Group will execute the agreement and return one copy to the City for your records. Please contact me if you have questions. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. Jason Lindahl Planner/GIS Specialist LICENSING AGREEMENT REGARDING TLG GBF DATA THIS LICENSE AGREEMENT, is made and entered into by and between Lawrence Mapping & Graphics, Inc., a Minnesota corporation d/b/a The Lawrence Group (TLG/Licensor) and The City of Albertville ("Licensed User"). WHEREAS, Licensed User is an individual, organization, corporation, government entity, public or private institution, member of a joint venture, or other entity which will use the TLG GBF Data and other TLG electronic data in its business or organization activities; and WHEREAS, Licensed User desires a license to use the TLG GBF Data and Licensor wishes to grant a non-exclusive license to Licensed User for the sole purpose of permitting Licensed User to use the TLG GBF Data and other TLG electronic data pursuant to the terms of the license granted herein and for no other purpose whatsoever, WHEREAS, the TLG GBF Data and the other TLG electronic data governed by this Licensing Agreement are made available to Licensed User through funding provided by the Metropolitan Council and the Minnesota Department of Transportation and pursuant to a separate contract and License Agreement between TLG and the Metropolitan Council; and, NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions stated in this Licensing Agreement, the parties to this Licensing Agreement agree as follows: I. DEFINITIONS 1.01 "TLG/LICENSOR" means Lawrence Mapping & Graphics, Inc., d/b/a The Lawrence Group with offices currently at 510 First Avenue North, Suite 303, Minneapolis, Minnesota 55403. 1.02 "TLG GBF Data" means the following data and products provided to the Metropolitan Council under the separate contract and License Agreement between TLG and the Metropolitan Council: (a) TLGs attributed street centerline data base of the nine -county metropolitan area comprising Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott and Washington Counties in Minnesota; (b) Related data sets consisting of related point, line and polygon data and attribute tables developed by TLG which contain additional information not directly attached to the TLG street centerline data for the nine -county metropolitan area; (c) Any combination of TLG street centerline data and TLG related data sets for the State of Minnesota and the Wisconsin Counties of Pierce, Polk and St. Croix; (d) Quarterly upgrades of TLG's street centerline data; (e) The monthly update status data base; and (f) Metadata for the TLG GBF Data, as periodically revised by TLG. 1.03 "License" means this Licensing Agreement and the rights and obligations which it creates. The license granted by this Agreement is non-transferrable to third parties by Licensed User and is non- exclusive. Moreover, nothing herein shall authorize Licensed User to sublicense the TLG GBF Data. 1.04 "Licensed User" means the individual, organization, corporation, or government entity acquiring the right to use TLG GBF Data whose duly authorized agent has signed this Licensing Agreement. Licensed Users shall not disseminate the TLG GBF Data to any other parties except Licensed Users of the TLG GBF Data or authorized agents. may share those modifications, additions and changes with other Licensed Users. The updates, modifications, additions and changes to the TLG GBF Data, including, but not limited to, any additions of line segments and/or modifications to positional accuracy or attributes of the TLG GBF Data do not entitle Licensed User to distribute or otherwise transfer the TLG GBF Data to individuals, organizations or entities that are not Licensed. Users and do not permit Licensed User to resell the TLG GBF Data or claim any ownership in the TLG GBF Data made available under this Agreement. Licensed User shall provide TLG with such additions, modifications or changes. TLG shall not be held responsible or liable for any such modifications, changes or amendments to the TLG GBF Data made by Licensed User. Furthermore, modifications, additions and/or alterations of any kind made to the TLG GBF Data by Licensed User will not entitle Licensed User to distribute, resell, or otherwise transfer data or claim any ownership to the TLG GBF Data. 2.04 Reserved Rights. TLG shall retain all rights, title, and interest in the TLG GBF Data, including the right to license the TLG GBF Data covered by this Licensing Agreement to other Licensed Users. 2.05 Derivative Products. Licensed User may use the TLG GBF Data to develop graphic displays, maps, summary tabular listings and other digital graphic display products, and non -digital hard copy products for its own internal purposes and may make those products available to the public. Licensed User may charge a reasonable cost recovery fee for the hard copy products as permitted by the Minnesota Government Data Practices Act. Summary tabular listings shall not be created for public use in a way which identifies a substantial portion of the TLG GBF data for individual street line segments and their attributes. On any graphic displays and/or maps made available for general distribution to the public, Licensed User will use its best efforts to include a notation identifying "The Lawrence Group" as a source of the information. III. TERM OF THE AGREEMENT 3.01 TLG GBF Data License Term. The term of the licensing of the TLG GBF Data shall commence upon execution of this Licensing Agreement and the Registration Form attached hereto as Exhibit A and incorporated herein by reference by all parties and delivery of the data to Licensed User by Disseminator and shall be indefinite, unless terminated according to the terms of this Agreement, including paragraph 4.01 of this Licensing Agreement. If the license is terminated by TLG, all rights to the TLG GBF Data granted to Licensed User under this Licensing Agreement shall cease and revert to TLG. IV. TERMINATION OF THE LICENSE 4.01 License Termination/Cancellation. (a) TLG may teiminatelcancel this agreement and license granted hereunder if (1) Licensed User fails to comply with the terms and conditions of this Agreement; whether such act or omission is intentional, negligent, by mistake or otherwise, (ii) Licensed User becomes insolvent or seeks protection, voluntarily or involuntarily, under any bankruptcy law or is otherwise unable to meets its commitments; or (m) the Metropolitan Council fails to make either of the two installment payments identified in the separate contract and Licensing Agreement between TLG and the Metropolitan Council (b) In the event of any termination/ cancellation of this Agreement or of any license granted to Licensed User hereunder, TLG may: (i) require that Licensed User cease any further use of the licensed information, data or product, or any portion thereof, and immediately return the licensed information, data or product and all copies thereof in whole or in part; and, (ii) Cease performance of all of TLG/Licensor's obligations hereunder without liability to Licensed User. (c) TLG/Licensor's foregoing rights and remedies shall be cumulative and in addition to all other rights and remedies available to TLG in law and in equity, including, but without limitation, obtaining temporary or permanent injunctive relief from a Minnesota District Court. 3 1.05 "Disseminator" means the Metropolitan Council which is authorized by separate agreement to disseminate and be the access site or source for the TLG GBF Data. 1.06 "Authorized Agent" means a third party contracted by a Licensed User requiring use of the TLG GBF Data for a Licensed User application or project. Authorized Agents shall have no entitlements to the data and may not, in any manner, copy, distribute, or otherwise make available to third parties the TLG GBF Data. II. USE OF THE TLG GBF DATA 2.01 Authorized Use. This license is granted to Licensed User for the sole purpose of permitting Licensed User to use the TLG GBF Data in Licensed User's business or organizational activities and for no other purpose whatsoever. Licensed User shall obtain the TLG GBF Data from the Metropolitan Council as the Disseminator of the TLG GBF Data. TLG will not supply or disseminate any data to Licensed User directly. Moreover, Licensed User may share the TLG GBF Data with other Licensed Users and Authorized Agents; provided, the sharing Licensed Users have executed separate Licensing Agreements with TLG/Licensor. Licensed User may update its own related data sets using the positional alignment of the TLG GBF Data without restricting Licensed User's distribution of its own related data sets. Licensed User may use the TLG assigned unique identification number in Licensed User's own related data files; however, Licensed User may not attach the TLG assigned unique segment identification number to Licensed User's own digital street centerline data.. Licensed User states and agrees that TLG is the sole owner of all TLG GBF Data made available under this Agreement and that all Data is the proprietary work of TLG and qualifies as "trade secret information" and is non-public data for the purposes of the Minnesota Government Data Practices Act. Provided metadata may be made available to the general public by Licensed User. 2.02 Unauthorized Use. Licensed User shall not use the TLG GBF Data on behalf of any other individual, organization, corporation, government entity, public or private institution, member of a joint venture or other entity unless expressly authorized in writing by TLG; except as otherwise provided in this Agreement. Licensed User agrees to take all reasonable steps to ensure the TLG GBF Data is not disclosed, duplicated, or made accessible in whole or in part for the use of others. Licensed User agrees that it will not knowingly or negligently allow its employees, agents, or independent contractors to copy, sell, disclose, or otherwise make the TLG GBF Data available to others. Licensed User agrees to immediately notify TLG by telephone and in writing if Licensed User becomes aware of any unauthorized duplication, sale or other disclosure. Licensed User further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the TLG GBF Data and taking all steps Licensed User utilizes to protect information, data, or other intangible property of its own that Licensed User regards as proprietary or confidential. Further, Licensed User acknowledges and agrees that the TLG GBF Data and any updates, additions, modifications or changes thereto made by TLG are TLG/Licensor's exclusive property and constitute a valuable trade secret of TLG/Licensor, whereupon Licensed User has no ownership or proprietary interest in said data or information. 2.03 Copies and Access. Licensed User may make copies of the TLG GBF Data for their own internal purposes and may use and share the TLG GBF Data with other Licensed Users of the TLG GBF Data as provided in this Agreement. Licensed User may make its own updates, modifications, additions and changes to the TLG GBF Data and 2 may share those modifications, additions and changes with other Licensed Users. The updates, modifications, additions and changes to the TLG GBF Data, including, but not limited to, any additions of line segments and/or modifications to positional accuracy or attributes of the TLG GBF Data do not entitle Licensed User to distribute or otherwise transfer the TLG GBF Data to individuals, organizations or entities that are not Licensed Users and do not permit Licensed User to resell the TLG GBF Data or claim any ownership in the TLG GBF Data made available under this Agreement. Licensed User shall provide TLG with such additions, modifications or changes. TLG shall not be held responsible or liable for any such modifications, changes or amendments to the TLG GBF Data made by Licensed User. Furthermore, modifications, additions and/or alterations of any kind made to the TLG GBF Data by Licensed User will not entitle Licensed User to distribute, resell, or otherwise transfer data or claim any ownership to the TLG GBF Data. 2.04 Reserved Rights. TLG shall retain all rights, title, and interest in the TLG GBF Data., including the right to license the TLG GBF Data covered by this Licensing Agreement to other Licensed Users. 2.05 Derivative Products. Licensed User may use the TLG GBF Data to develop graphic displays, maps, summary tabular listings and other digital graphic display products, and non -digital hard copy products for its own internal purposes and may make those products available to the public. Licensed User may charge a reasonable cost recovery fee for the hard copy products as permitted by the Minnesota Government Data Practices Act. Summary tabular listings shall not be created for public use in a way which identifies a substantial portion of the TLG GBF data for individual street line segments and their attributes. On any graphic displays and/or maps made available for general distribution to the public, Licensed User will use its best efforts to include a notation identifying "The Lawrence Group" as a source of the information. III. TERM OF THE AGREEMENT 3.01 TLG GBF Data License Term. The term of the licensing of the TLG GBF Data shall commence upon execution of this Licensing Agreement and the Registration Form attached hereto as Exhibit A and incorporated herein by reference by all parties and delivery of the data to Licensed User by Disseminator and shall be indefinite, unless terminated according to the terms of this Agreement, including paragraph 4.01 of this Licensing Agreement. If the license is terminated by TLG, all rights to the TLG GBF Data granted to Licensed User under this Licensing Agreement shall cease and revert to TLG. IV. TERMINATION OF THE LICENSE 4.01 License Termination/Cancellation. (a) TLG may terminate/cancel this agreement and license granted hereunder if (i) Licensed User fails to comply with the terms and conditions of this Agreement; whether such act or omission is intentional, negligent, by mistake or otherwise, (ii) Licensed User becomes insolvent or seeks protection, voluntarily or involuntarily, under any bankruptcy law or is otherwise unable to meets its commitments; or (m) the Metropolitan Council fails to make either of the two installment payments identified in the separate contract and Licensing Agreement between TLG and the Metropolitan Council (b) In the event of any termination/ cancellation of this Agreement or of any license granted to Licensed User hereunder, TLG may: (i) require that Licensed User cease any fiirther use of the licensed information, data or product, or any portion thereof, and immediately return the licensed information, data or product and all copies thereof in whole or in part, and, (ii) Cease performance of all of TLG/Licensor's obligations hereunder without liability to Licensed User. (c) TLG/Licensor's foregoing rights and remedies shall be cumulative and in addition to all other rights and remedies available to TLG in law and in equity, including, but without limitation, obtaining temporary or permanent injunctive relief from a Minnesota District Court. 3 V. LIABILITIES, REMEDIES AND INDEMNIFICATION 5.01. Limitation on Liability. A) IN NO EVENT SHALL TLG OR THE METROPOLITAN COUNCIL BE LIABLE TO LICENSED USER, ITS AGENTS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR LICENSE GRANTED HEREUNDER; OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF TLG OR THE METROPOLITAN COUNCIL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. B) IN NO EVENT SHALL TLG OR THE METROPOLITAN COUNCIL BE LIABLE TO LICENSED USER, ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE LICENSED DATA OR INFORMATION; INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, OR DELAY OF TLG OR THE METROPOLITAN COUNCIL IN THE DELIVERY OF THE DATA OR INFORMATION OR IN THE PERFORMANCE OR SERVICES UNDER THIS AGREEMENT OR LICENSE OR RELATED AGREEMENTS OR THE INSTALLATION OR USE OF THE TLG GBF Data BY LICENSED USER OR THE RESULTS OR CONSEQUENCES OBTAINED FROM THE INSTALLATION OR USE OF THE TLG GBF Data BY LICENSED USER. C) THE TLG GBF DATA AND ALL INFORMATION AND DATA OUTLINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Licensed User SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY AND SUITABILITY OF THE LICENSED INFORMATION AND DATA AND NEITHER TLG NOR THE METROPOLITAN COUNCIL SHALL HAVE ANY LIABILITY THEREFOR. D) NEITHER TLG NOR THE METROPOLITAN COUNCIL SHALL HAVE ANY LIABILITY TO LICENSED USER, ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS FOR THE INFRINGEMENT OF PROPRIETARY RIGHTS BY THE LICENSED DATA OR INFORMATION OR ANY PORTION THEREOF. E) LICENSED USER AND TLG AGREE THAT EACH OF THEM IS RESPONSIBLE FOR THEIR OWN NEGLIGENT ACTS OR OMISSIONS AND THE NEGLIGENT ACTS OF THEIR AGENTS AND EMPLOYEES AND NEITHER PARTY SHALL BEAR ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF THE OTHER PARTY OR THE OTHER PARTY'S AGENTS, 4 EMPLOYEES OR REPRESENTATIVES. VI. GENERAL TERMS AND CONDITIONS 6.01 Invalidity and Severability. If any term or provision of this Licensing Agreement shall to any extent be declared or found invalid or unenforceable, the remainder of this Licensing Agreement shall not be affected by that invalidity or unenforceability. Each term and provision of this Licensing Agreement shall be valid and enforced as written to the fullest extent permitted by law. 6.02 Exclusive Agreement. This Licensing Agreement contains the entire agreement of TLG and Licensed User with respect to the matters covered by this Licensing Agreement. No other agreement, statement, or promise made by TLG and Licensed User which is not contained in this Licensing Agreement shall be binding or valid. Maintenance and upgrades are made available through the Metropolitan Council and are included in this Licensing Agreement. Training is not included in this Licensing Agreement. 6.03 Conflict. If any of the terms or provisions of this Licensing Agreement conflict with any rule or law or statutory provision or are otherwise unenforceable under the laws or regulations for any government or governmental subdivision, such terms or provisions shall be deemed stricken from this Licensing Agreement. Such invalidity or unenforceability shall not invalidate any of the other terms of this Licensing Agreement and this Licensing Agreement shall continue in force unless the invalidity or unenforceability of any such term or provision does substantial violence to, or when the invalid or unenforceable terms or provisions comprise an integral part of; or otherwise are inseparable from, the remainder of this Licensing Agreement. 6.04 Amendment. The terms or provisions of this Licensing Agreement may be changed or modified only by mutual agreement of TLG, and Licensed User. Such amendment, change or modification and shall be effective only on the execution or written ameadment(s) signed by TLG and Licensed User. 6.05 Governing Law. This Licensing Agreement shall be governed by and interpreted pursuant to the laws of the State of Minnesota. 6.06 Waiver. No waiver of any breach or violation of this Licensing Agreement shall constitute a waiver of any subsequent breach or violation, whether of the same or any other covenant, term, or condition. Subsequent performance of any of the terms, covenants, or conditions of this Licensing Agreement shall not constitute a waiver of any preceding breach or violation, regardless of the other parties' knowledge of the preceding breach or violation at the time of subsequent performance. The delay or omission of any party's exercise of any right arising from any default shall not affect or impair the parties' rights as to the same or future default. 6.07 Written Notice. Written Notice to TLG shall be directed to the following address: The Lawrence Group, ATTN: JAMES MAXWELL, 510 First Avenue North, Suite 303, Minneapolis, Minnesota 55403. Any written notice to Licensed User shall be directed to the address provided by Licensed User on the attached Registration Form. 6.08 Effective Date. The effective date of this Agreement shall be upon the execution of this Agreement and attached Registration Form by Licensed User and acceptance thereof and execution of this Agreement by an authorized representative of TLG/Licensor. 6.09 Warranty of Legal Capacity. The individual(s) executing this Agreement on behalf of Licensed User represents and warrants that the individual(s) is duly authorized to execute this Agreement on behalf 5 4 1 of Licensed User and that this Agreement constitutes Licensed User's valid, binding and enforceable agreement and obligation. 6.10 Survival. Notwithstanding the termination, cancellation or expiration of this Agreement, the obligations outlined in paragraphs 2.02 and 5.01 shall survive. 6.11 No Partnership or Joint Venture. This Agreement shall not be construed as creating, directly or indirectly, a partnership, joint venture or other relationship between Licensed User and TLG/Licensor. IN WITNESS WHEREOF, Licensed User and TLG/Licensor have causal this Agreement to be executed by their duly authorized representatives. LICENSED USER LAWRENCE MAPPING & GRAPHICS, INC., d/b/a THE LAWRENCE GROUP Name: Name: Title: Title: Date: Date: Signature: Signature: Name: Title: Date: Signature: N. Licensed User: Address: City: TLG GEOGRAPHIC BASE FILE LICENSING AGREEMENT REGISTRATION FORM LAWRENCE MAPPING & GRAPHICS, INC. d/b/a The Lawrence Group Licensed User Information (TO BE COMPLETED BY LICENSED USER) State: Contact: Phone: E-Mail . Zip: Fax: Instructions. The Licensing Agreement consists of six (6) pages, in addition to this Registration Form. Please complete and sign the Agreement and this Registration Form and return the documents to The Lawrence Group at the following address: 510 First Avenue North, Suite 303, Minneapolis, MN 55403. Execution and Compliance. The Lawrence Group will make the TLG GBF Data available to Licensed User through the Metropolitan Council and as provided in the Licensing Agreement. The person(s) signing this Licensing Agreement and Registration Form represent that they are duly authorized to execute this Licensing Agreement on Licensed User's behalf and that the Licensing Agreement constitutes Licensed User's valid, binding and enforceable agreement and obligation. LICENSED USER LAWRENCE MAPPING & GRAPHICS, INC., d/b/a THE LAWRENCE GROUP Name: Name: Title: Title: Date: Date: Signature: Signature: Name: Title: Date: 7 GRIDOR CONSTR., INC. 1886 BERKSHIRE LANE PLYMOUTH, MN 55441-3723 Improving Americas Water Quality since 1970. May 3, 2002 Linda Goeb City of Albertville 5975 Main Avenue NE P. 0. Box 9 Albertville, MN 55301 RE: Wastewater Treatment Plant Expansion City of Albertville Pledged Safekeeping Agreement Dear Ms. Goeb: _ At this time we ask the City of Albertville to release the pledge for the above referenced project. Gridor has completed all of their work as defined per the contract documents. You may verify this with the consulting engineer, Mr. Thomas Dye of Short Elliot Hendrickson, Inc. Please sign the "Safekeeping & Pledge Aggreement" furnished to you last year at the bottom of the form at the pledge release area and return to our office. Feel free to call me with any questions regarding this matter. Sincerely, rent eisen Vice President Enclosures EQUAL OPPORTUNITY EMPLOYER O:\Brent\Project Securities\Uncompleted Projects\albertville 050302.doc JMJ Properties, Inc. Real Estate Development • Management • Consulting May 2, 2002 Ms. Linda Goeb City Administrator City of Albertville 5975 Main Avenue, NE Albertville, MN 55301 RE: Outlets at Albertville Albertville, Minnesota Dear Linda: C( VIA FACSIMILE/MAIL I am requesting that on May 6, 2002 the Albertville City Council move to approve the termination of the outstanding Letter of Credit the City holds on behalf of Albertville Factory Outlets, L.L.C. According to the Development Agreement, I believe all obligations have been met with respect to the Letter of Credit and therefore can be terminated. The Letter of Credit is currently in the amount of $118,957.00. Sincerely, I Morse f 107 Sinclair Drive ■ Muskegon, Michigan 49441 • Phone (231) 798-4670 • Fax (231) 798-4611 I] CITY OF ALBERTVILLR ANDVM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: May 17, 2002 SUBJECT: Public Works/Parks Maintenance Report There was a question regarding the fence on the new er of the was pow being on the inside of the fence on the outfields. Several of t The conCem fields in St. Michael have the posts on the inside; our old ballfield have the posts on the inside as well. ld like We had no plans or specks for these fields and I told the installerll field, but the baseball teeam may the old one. We won't be moving the fence on�t n e would clean up the rew souts in the field if he move theirs. I made a deal with the fence guy would install an additional gate in the ballfield fence. When he completes the installation then we would refund his deposit. We have been working on the new softball field, installing the bases and temporarily installing the players, benches. We are also installing rock for pathways and the bleacher areas - We installed two soccer goals at Oakside Park and two at City Park. E0UCW pAR — I would like to meet at 6:00 p.m• for the next PW meeting. FM gtid;•t•• c C:�My p gftWC waft Re"M12M WW'PR Rqw os-t7-oa.aoe NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 962.595.9837 planners@nacpianning.com PLANNING REPORT TO: Albertville Mayor and City Council FROM: Cindy Sherman DATE: May 16, 2002 RE: Albertville — Albert Villas 6t' Addition Final Plat FILE NO: 163.06 — 02.10 BACKGROUND Edina Development Corporation has submitted a final plat application for "Albert Villas e Addition". The final plat consists of 82 lots within seven blocks. This final plat completes what was included in the preliminary plat for Albert Villas 4th Addition. A comprehensive Plan amendment guiding the site for low density residential uses, rezoning to R 1A District, PUD-CUP for development within the Shoreland District and preliminary plat were previously approved by the City Council on March 5, 2001. ANALYSIS Preliminary Plat Consistency. The layout of the proposed final plat is generally consistent with the approved preliminary plat. The final plat has the same number of lots with similar dimensions as those presented on the approved preliminary plat. The final plat includes the extension of 4Eth Street and two connections into the City of St. Michael at Kalenda Ave. and Kassel Ave. Outlot A is to be dedicated to the City and is the location of a future trail adjacent to Swamp Lake. Landscape Plan. The developer previously submitted a landscape plan for plantings along public streets, trails, and ponding areas. The landscape plan and security was included in the development contract for Albert Villas 4th Addition. Grading/Drainage/Utilities. The final plans are subject to the review and approval of the City Engineer. Park Dedication. No parkland is to be dedicated as part of the final plat. As such, park dedication requirements will be satisfied through a cash fee in lieu of land equal to $2,000 per lot. Based upon 82 lots, the total dedication for this phase is $164,000. Development Contract. The applicant is required to enter into a development contract with the City stipulating plans and conditions of approval. With the development contract, the developer must pay all required securities and fees. The development contract will be provided by the City Attorney and is subject to the approval of the City Council RECOMMENDATION The proposed Albert Villas a Addition Final Plat is consistent with the preliminary plat and conditions of approval. As such, our office recommends approval of the final plat, subject to the following conditions: 1. Outlot A shall be dedicated to the City and the trail is to be constructed as part of the road construction. 2. Park dedication equal to $164,000 shall be paid prior to recording the final plat. 3. All grading, drainage, easement, utility and construction issues are subject to the review and approval of the City Engineer. 4. The applicant must enter into a development contract and pay all required fees and securities required by said document, subject to review and approval of the City Council. PC Linda Goeb Mike Couri Pete Carlson V- CITY OF ALBERTVILLE 05-20-02 City Council Findings of Fact & Decision Final Plat Applicant's Name: Edina Development Corporation Inc. Albert Villas 6cn Addition Request: Edina Development Corporation has submitted a final plat application for "Albert Villas a Addition". The final plat consists of 82 dots within seven blocks. This final plat completes what was included in the preliminary plat for Albert Villas 0 Addition. City Council Meeting Date: May 20, 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description is Outlot A, Albert Villas Fourth Addition, Wright County, Minnesota. B. The Planning Report dated May 16, 2002 from Northwest Associated Consultants is incorporated herein. C. The proposed plat is consistent with the approved preliminary plat. D. The proposed use can be accommodated with e)asting public services and will not overburden the City's service capacity. E. The requirements of Sections 300, 400 and 2700 of the Albertville Zoning Ordinance have been reviewed in relation to the proposed plan. F. The City has adopted a negative declaration for the EAW concerning this project. (EAW Negative Declaration was adopted by the City Council on January 3, 2000). G. The proposed actions have been considered in relation to the specific policies and provisions of the Comprehensive Plan. H. The proposed development will be compatible with present and future land uses of the area. I. The proposed use conforms to all applicable Zoning Ordinance performance standards. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the final plat based on the most current plans and information received to date subject to the following conditions: Albert Villas 61h Addition CC Findings of Fact & Decision Page 1 of 2 1. Outlot A shall be dedicated to the City and the trail is to be constructed as part of the road construction. 2. Park dedication equal to $164,000 shall be paid prior to recording the final plat. 3. All grading, drainage, easement, utility and construction issues are subject to the review and approval of the City Engineer. 4. The applicant must enter into a development contract and pay all required fees and securities required by said document, subject to review and approval of the City Council. Adopted by the Albertville City Council the 20'h day of May 2002. City of Albertville By: Attest: By: Linda Goeb, City Administrator John A. Olson, Mayor Albert Villas a Addition CC Findings of Fact & Decision Page 2 of 2 s � � I s s I I o u al gg a $ m 1__ 'gOil g�a asS ° £aYY �Y4 as b°S ss�§ III $C.1 a5ar dE €s8�8 =s `E3 6« / 'Wv. i4 / :z109 _w 109 T e �yrpm- - 1 �q8 S w } a 9 1 ■ al:srN�fwr h� A I i!i<iR s� - 3F6 Nw .wr•Y Y••� _ Fib+ N Iw•••+•Mr •�'• MWI Ii Y �F— — !-40 � a r ,t 1 s``'i•� '' it ~ F �0 ii ��aS'1`" f I to 1 NA/�//�/ In-----� - ` \ 1 •' /gyp/ Art} J f I \•T6W.Wy V (g m 91 Q a . t ' a - / T it M h:'■ trIn- SafsN311 -' - ' vLeo■ a 1•NYwn.Y ws,i 1` ${ or is ('-- S r•�s Yenw°.m.�oC, s gro=� _ o.r � �. w -'wm'- CIA g� •4A /'� d' IN.# � t t � I P� ('--ettxr--1 r I \\ � t �i,��I ��, � i�► i�g cp,� yI 1 I�iG.�z�s� .. _R W-j 'Kim IR lsit Ni :1r' R R ilia t "41�-ii 1e1 •�. lu i co M -4v \ // �� '-;M u•r••o3 11f1(Jn Iue •do /s/p�; Z__ / d' / 5 C, CITY OF ALBERTVILLE CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT ALBERT VILLAS SIXTH ADDITION, THIS AGREEMENT, entered into this day of , 2002 by and between EDINA DEVELOPMENT CORPORATION referred to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject of this Agreement, is intended to bear the name "Albert Villas Sixth Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property"; and WHEREAS, Developer intends to subdivide 54.2 acres into 82 single-family residential lots for purposes of constructing 82 single-family residential units and one outlot for dedication to the City for trail purposes; and WHEREAS, approval of a Conditional Use Permit/Planned Unit Development is required to allow for the aforementioned subdivision proposed by Developer; and WHEREAS, the City has given preliminary approval of Developer's plat of Albert Villas Sixth Addition contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the City requires that certain public improvements including, but not limited to bituminous street, sidewalk, trail(s), curb and gutter, grading, drainage, sanitary 1 } sewer, municipal water and storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve the Subject Property and be financed by Developer and WHEREAS, the City further requires that certain on- and off -.site improvements be installed by the Developer within Said Plat, which improvements consist of paved streets, boulevards, top soil and sod, grading control per lot, bituminous or concrete driveways, parking lot, drainage swales, berming, street signs, street cleanup during project development, erosion control, and other site -related items; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of the Said Plat and the conditions imposed thereon; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerationsherein set forth, as follows: 1. Conditional Use Permit. Developer is hereby granted a Conditional` Use Permit to allow the development of Said Plat as a Planned Unit` Development with flexibility from the strict requirements of the City's Zoning Ordinance in relation to minimum lot sizes, lot widths and set -back requirements. Unless otherwise explicitly set forth in this Agreement, however, Developer must conform to the requirements of the Albertville Zoning and Subdivision Ordinance, as well as all other applicable land use regulations. Developer agrees that the following conditions will be met on a continuing basis: A. All grading, drainage, utility, wetland mitigation, and transportation issues that arise during development of Said Plat shall be subject to review and approval by the City Engineer. B. Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plans attached as Exhibit B and B-1. In addition Developer shall `— plant native vegetation in the unpaved areas of Outlot A. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer C. Developer shall, at its own expense, construct sidewalks in the locations shown in the attached Exhibit C at the time of road construction. 2 D. Developer shall, at', its own expense, construct trails as shown on the ; attached Exhibit C at the time of road construction. The Developer will provide all necessary 20 foot easements, over, under and across all trails including but not limited to easements over lots 14 and 15 of block 5 of Said Plat and property located to the north of and outside of Said Plat as shown on Exhibit C. The Developer shall construct the trails in a manner, and provide the necessary easements in dimensions, acceptable to both the City Engineer and City Attorney. E. The Developer shall install uniform mailboxes, F. The Developer shall file property owners association covenants against all Lots in Said Plat, said covenants to be submitted to the City Attorney for review and approval and shall be subject to the requirements of Section 1100 and 2700 of the City Zoning Ordinance. G. Prior to the sale of any lot(s) within Said Plat, Developer shall provide the City with a copy of the sales literature identifying the required thirty (30) foot wetland setback building restrictions, the location of all future parks within Said Plat, and the location of all sidewalks, trails and easements. Developer agrees that the aforementioned sales literature will be distributed to all potential lot buyers within Said Plat prior to the sale of any of said lots by Developer. H. Other Use Restrictions. On all lots within 30 feet of any wetland, storm water management pond or Wright County Ditch No. 9, no structure, including, but not limited to, outbuildings or accessory buildings, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot including all improvements in it, shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. No Owner or other; person shall apply any fertilizers or herbicides within fifty (50) feet of any drainage easement. I. Developer shall install above ground lot corner markers along the entire �-- Eastern boundary of Blocks 4 and 5 of Said Plat where such lots borders Outlot A to keep landowners from encroaching on Outlot A. 3 2. Construdion of Municipal Improvements= A. The Developer shall construct those Municipal Improvements located on and off Said Plat as detailed in the Plans and Specifications for Albert Villas Sixth Addition, as prepared by and dated 2002 and on file with the City Clerk, said improvements to include installation of bituminous street, curb and gutter, water mains, sanitary and storm sewers, storm water ponding and site grading. All such improvements shall be constructed according to the standards adopted by the City, along with all items required by the City Engineer. Unless the City Engineer specifies a later date, said improvements shall be installed by October 31, 2002, with the wear course of bituminous pavement to be installed after May 15, 2003, but before June 30, 2003: B. The developer shall extend Kagan Avenue as a paved street to Highway 18 as shown in Exhibit D and provide 70 foot roadway easements, over, under and across the Kagan Avenue extension in form, legal description and dimensions acceptable to the City Engineer and City Attorney. Said street extension shall be constructed to City standards and all such construction shall be performed in accordance with requirements as specified by the City Engineer. C. The Developer warrants to the City for a period of two years from the date the City accepts the finished Municipal Improvements that all such improvements have been constructed to City standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. D. Developer shall provide the City with lien waivers from all contractors and subcontractors engaged to construct said improvements on Said Plat. Should Developer fail to provide the City with all applicable lien waivers, the City reserves the right to draw upon Developer's surety and pay any contractors who performed work on any Municipal Improvements and whom Developer has failed to fully pay for the performance of said work. E. The City shall, at its option, have the City Engineer present on Said Plat for inspection . purposes at all times (or such times as the City may deem necessary) during the construction and installation of said Municipal 4 Improvements. Developer agrees to pay for all costs incurred by the City during said inspections. 3. Construction of On- and Off -Site Improvements. A. Developer shall construct all on- and off -site improvements including installation of paved streets, curb and gutter,boulevards, 'street signs, traffic signs, yard top soil, sod and seed in all yards, grading control per lot, bituminous or concrete driveways and parking lots, drainage swales, berming, and like items as necessary, street cleanup during project development, and erosion control, all as required by City ordinance. Front, side and portions of the back yards of residential lots shall be sodded in accordance with the Residential Development Standards as on file with the City Administrator's Office. Those portions of the yards not required to be sodded may be seeded with grass seed or sodded. In all cases permanent turf or grass must be established over all areas of the lot not covered by a hard or impervious surface. The Developer shall guarantee that all new plantings shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. Said on- and off -site improvements shall be installed no later than October 31, 2003, with the exception of erosion control, drainage swales and berming, which shall be installed upon initial grading of Said Plat. B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground, within the street right of way or such other location as may be approved by the City Engineer, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Xcel Energy or other such carrier; ii. Natural gas supply, to be provided by Reliant Energy or other such carrier; iii. Telephone service, to be provided by Sprint/United Telephone Company or other such carrier; iv. Cable TV service, to be provided by a local carrier; 5 In addition, the Developer shall, at its own expense, causestreet lights to be installed at such locations as required by the City Engineer. Street signs shall also be installed of such type and at such locations as required by the City Engineer ,and in conformance with the Manual on Uniform` Traffic Control Devices. C. Developer shall install silt fencing in back of all curbing within 30 days after said curbing is installed, or 7 days after the "small utilities" (gas, phone, electrical and cable television) have been installed, whichever occurs sooner. Developer shall be allowed to substitute hay bales for a 22-foot section of silt fencing on each lot for the purpose of allowing construction vehicles to pass from the street to each lot. No construction vehicles shall pass from the street to the lots except through such designated 22-foot section of hay bales. Developer shall remove all hay bales and silt fencing from each lot as sod is installed upon said lot. D. Notwithstanding the requirements of subparagraph 3A above, the Developer shall install to the City's satisfaction improvements for each lot or parcel prior to the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October lst and before March 30th in any given year, in which case a certificate of occupancy shall be issued only if the owner of the lot has entered into an escrow agreement with the City and provided an escrow for 150% of the estimated cost of said improvements pursuant to City Ordinance. E. Developer shall install storm water retention/water quality ponds and basins upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan attached as Exhibit E. Said ponds and basins shall be dedicated to the City, and Developer shall provide the City with perpetual drainage easements over such ponds. Said retention ponds and basins shall be installed prior to the installation of utilities. 4. Intended Use of Subdivision Lots. The City and Developer agree that the numbered lots in Said Plat are intended only for single-family residential use in the number and the configuration as are shown on Said Plat. Developer shall construct only one single family dwelling per numbered lot, unless Said Property is rezoned by the City in the future into a classification which would allow additional units to be constructed. 6 5. Surely Requirements. A. Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter; of credit or surety shall be in the amount of representing the sum of 100% of the estimated cost of the Municipal Improvements ( ), 50% of the on and off -site improvements ($49,200.00), and in addition to the amount indicated above, provide the estimated cost for landscaping/screening materials or in the alternative, in a manner acceptable to the City, extend the letter of credit provided to the City pursuant to the City of Albertville Conditional Use/Planned Unit Development Agreement Albert Villas Fourth Addition to the extent of the estimated costs of landscaping/screening materials related to Said Plata Said letter of credit or surety must meet the approval of the City attorney as to form and issuing- bank. B. The City may draw on said letter of credit or surety to complete work not performed by Developer (including. but not limited to on- and off --site improvements, Municipal Improvements described above, erosion control, and other such measures), to pay liens on property to be dedicated to the City, to reimburse itself for costs incurred in the drafting, execution, administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the Municipal Improvements during the warranty period, or to otherwise fulfill the obligations of Developer under this agreement. C. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an. overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. D. Developer hereby agrees to allow the City to specially assess Developer's property for any and all costs incurred by the City in enforcing any of the terms of this agreement should Developer's letter of credit or surety prove 7 insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the City. Should the City assess Developer's property for said costs, Developer agrees not to contest or appeal such assessment and waives all statutory rights of appeal under Minnesota Statutes, including Minnesota Statute 429.081, to the extent of the costs identified in this agreement. E. That portion of said cash, irrevocable letter of credit or other surety with respect to the performance of Site Improvements shall be released 'upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. F. In the event a surety referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the City may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. The form of any irrevocable letter of credit or other surety must be approved by the City Attorney prior to its issuance. 6. Surety Release. A. Periodically, as payments are made by the Developer for the completion of portions of the Municipal Improvements, On- and Off -site Improvements, and/or Landscaping Improvements and when it is reasonably prudent, the Developer may request of the City that the surety be proportionately reduced for that portion of the Municipal Improvements which have ` been fully completed and payment made therefor. All such decisions shall be at the discretion of the City Council. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing.' B. The Developer may request of the City a reduction or release of any surety as follows: 8 r i. When another acceptable letter of credit or surety is furnished to the City to replace a prior letter of credit or surety. ii. When all or a portion of the Municipal Improvements or the on- and off -site improvements or the Landscaping Improvements have been installed, the letter of credit or surety may be reduced by the dollar amount attributable to that portion of improvements so installed, except that the City shall retain the letter of credit or surety in the amount of 10% of the estimated construction price of the Municipal Improvements during the first year of the warranty period and 5% of the estimated construction price of the Municipal Improvements during the second year of the warranty period, and the City shall retain the letter of credit or surety in the amount of 25% of the estimated landscaping costs for two years from the time of the installation of said landscaping materials. iii. As to all requests brought under this paragraph B, the City Council shall have complete discretion whether to reduce or not to reduce said letter of credit or surety. C. The costs incurred by the City in processing any reduction request shall be billed to the Developer and paid to the City within thirty (30) days of billing. 7. Abandonment of Proiect Costs and Expenses. In the event Developer should abandon the proposed development of the Subject Property, the City's costs and expenses related to attorney's fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer's various representations shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the City. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground -cover to prevent continuing soil erosion from the Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to ` provide ground - cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the City may specially assess such 9 t costs against the lots within Said Plat and/or take necessary legal action to recover such costs, including attorneys fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 8 Developer to Pay City's Costs and Expenses. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Developer agrees to pay all such costs within 30 days of billing by the City. If Developer fails to pay said amounts, then the City may specially assess such costs against the lots within Said Plat. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. Developer has the right to request time sheets or work records to verify said billing prior to payment. 9. Erosion and Siltation Control. Before any grading is started on any site, all erosion control measures as shown on the approved erosion control plan shall be strictly complied with as set forth in the attached Exhibit E. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect. 10. Drainage Reguirements. Developer shall comply with all requirements set forth for drainage into any county ditch or other ditch through which water from Subject Property may drain, and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any federal, state, county or city requirements, all at Developer's expense. 11. Maintain' Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public 10 property damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. Developer agrees to clean the streets on a daily basis if required by the City. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Plat will be repaired immediately if deemed to be an emergency by the City. Developer further agrees that any damage to public property as a result of construction activity on Said Plat will be repaired within 14 days if not deemed to be an emergency by the City. If Developer fails to so clean the streets or repair or maintain said public property, the City may undertake making or causing it to be cleanedup, repaired or maintained. When the City undertakes such activity, the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the City may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the City shall be entitled to attorneys fees incurred by the City as a result of such legal action. Developer knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. 12. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this Agreement. 13. Miscellaneous. A. Developer agrees that all construction items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of ` competent, jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract. C. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and the costs resulting in delays in completion , of public improvements and damage to public 11 improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. E. This Contract shall run with the land and shall be recorded against the fideto the property. After the Developer has completed all work and obligations required of it under this Contract (including the expiration of the warranty period), at the Developer's request, the City will execute and deliver to the Developer a release of its obligations under this Agreement. However, at no time shall the City release those provisions of this Agreement which, in the City's sole judgment, contain continuing obligations. Said continuing obligations include, but are not limited to, paragraphs 1, 4, 8, 10, 13, 14, 15,' 16, 17, 18, 19, 20, 21, 25. F. The Developer represents to the City that Said Plat complies with all City, county, state and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. If the City determines that Said Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer so complies. Upon the City's demand, the Developer shall cease work until there is compliance. G. Prior to the execution of this Agreement and prior to the start of any construction on the Subject Property, Developer shall provide the City with evidence of good and marketable title to all of Subject Property. Evidence of good and marketable title shall consist of a Title Insurance Policy or Commitment from a national title insurance company, or an abstract of title updated by an abstract company registered under the laws of the State of Minnesota. H. Developer shall comply with all water, ponding and wetland related restrictions, if any, required by the City of Albertville, Wright County Soil and Water District and/or any applicable provisions of State and Federal law. 12 I L Developer shall not place any structure at an elevation such that the lowest grade opening is less than two feet above the highest known surface water level or ordinary high water level or less than one foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been approved by the Building Inspector or a professional soils engineer. 14. Violation of Ament. A. Except as otherwise provided in this Agreement, upon any defaultby Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the City may thence immediately and without notice or consent of the Developer complete the Developer's obligations under this Agreement, and specially assess the costs thereof against the lots within Said Plat and/or bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. Developer knowingly and voluntarily waives all statutory rights to appeal said special assessment under Minnesota Statutes section 429.081. B. Notwithstanding the 30-day notice period provided for in paragraph 14A above, in the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the City may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the City makes good -faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the City to remedy said harm. 13 C. Paragraph 14A of this section shall not apply to any acts or rights of the City under the preceding paragraph, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The City may elect to give notice to Developer of the City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. D. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits and/or revocation of the Conditional Use Permit. 15. Dedications to the City. A. Municipal Improvement Dedications: The Developer, upon presentation to the City of evidence of good and marketable title to Subject Property, and upon completion of all construction work and certification of completion by the City Engineer, shall make the following dedications to the City: 1. Developer shall dedicate easements to the City over, under and across all trails to the City in a form and with legal descriptions acceptable to both the City Engineer and City Attorney: 2. Developer shall dedicate drainage easements to the City over, under and across all drainage ponds located in Said Plat. 3. Developer shall dedicate to the City all roads, road and trail right-of-ways, curbs, gutters, sewers and water mains and utility easements located within Said Plat. Prior to the City's acceptance of said dedications, Developer shall provide to the City "As-Builts" of all sewers, water mains, and - roads. Acceptance by City of any dedication shall occur upon passage of a resolution to such effect by the City Council. 4. Developer shall deed to the City in fee simple absolute Outlot A of Said Plat. B. Park Dedication Fees: Developer acknowledges and agrees that in order to satisfy the City's park dedication requirements for the numbered lots in Said Plat, Developer shall pay the City a cash payment totaling �6 14 $164,000.00. Said park dedication fees shall be paid prior to the release of Said Plat by the City. 16. Plasfvelonment. U the plat is a phase of a multi-phasedpreliminary plat, the City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Approval of this phase of the Development shall not be construed as approval of future phases nor shall approval of this phase bind the City to approve future Development phases. All future Development phases shall be governed by the City's Comprehensive Plan, Zoning ordinance, Subdivision ordinance, and other ordinances in effect at the time such future Development phases are approved by the City. 17. Indemnity. Developer shall hold the City and its officers and employees harinless from claims made by Developer and third parties for damages- sustained on costs incurred resulting from Said Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 18. Assienment of Contract. The obligations of the Developer` under this Contract cannot be assigned without the 'express written consent of the City Council through Council resolution. 19. Limited Approval. Approval of this Agreement by the City Council and issuance of the Conditional Use Permit which is the subject of this Agreement in no way constitutes approval of anything other than that which is explicitly specified in this Agreement. 20. Sanitary Sewer and Water Trunk Line Fees. Prior to the City releasing Said Plat, Developer agrees to pay a trunk sewer charge in the amount of $75,880.00, representing $1,400 per acre of Said Plat multiplied by 54.2 acres contained in Said Plat. In addition, prior to release of Said Plat, Developer agrees to pay a trunk water charge in the amount of $65,040.00 representing $1,200 per acre of Said Plat multiplied by 54.2 acres contained in Said Plat. Developer agrees to pay said amounts prior to the City's release of Said Plat. 21. Professional Fees. The Developer will pay all reasonable professional fees incurred by the City as a result of City efforts to enforce the terms of this Agreement. Said 15 fees include attomey's fees, engineer's fees, planner's fees, and any other professional fees incurred by the City in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorney's and professional fees incurred by the City in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein. 22. Plans Attachead as Exhibits. All plans attached to this Agreement as Exhibits are incorporated into this Agreement by reference as they appear. Unless otherwise specified in this Agreement, Developer is bound by said plans and responsible for implementation of said plans as herein incorporated. 23. Integration Clause, Modification by Written Agreement Only, This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if ,in writing and signed by a duly authorized agent of both parties. 24. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail addressed as follows to the following parties: City of Albertville Edina Land Corporation clo City Clerk 700 Industry Avenue P.O. Box 9 Anoka, MN 55303 Albertville, MN 55301 Attention: Rick Lewondowski Telephone: (763) 497-3384 Telephoner (763) 323-9086 25. Agreement Effect. This Agreement shall run with the land and be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk 16 EDINA DEVELOPMENT CORPORATION By Rick Lewondowski Its President STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2002, by John A. Olson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 2002, by Linda Goeb, as Clerk -Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of 2002, by Rick Lewondowski, as President of Edina Development Corporation. Notary Public 17 DRAFTEDBY: Court and. MacArthur Law Office P.O. Box 369 705 Central Avenue East St Michael, MN 55376 612 97-1930 18 EXHIBIT A TO DEVELOPER'S AGREEMENT The Real Property subject to the Developer's Agreement is legally described as follows (after the filing of the Albert Villas Sixth Addition Plat): Lots 1-13, Block 1 Lots 1-8, Block 2 Lots 1-7, Block 3 Lot 1, Block 4 Lots 1-17 Block 5 Lots 1-21 Block 6 Lots 1-25 Block 7 All said property in Albert Villas Sixth Addition plat, City of Albertville, County of Wright, Minnesota. � c. rrc .arts now mE �•�`�ta-'.r„�'3irt sa's:r _ �s-a, .t��'�3'� j.. it mza; ;Vsw� LOU ITMAML y ++ �.' 4 ��. y+�g ��%'�i .+�+. sst�.. 1• ate, COL - of a ,, # <:t i 3r� , J N h�` J�—�, •a�� n. '106- r Ji }} 46artVNar. - q wnr f- d •• �. M ,, 1. a i tmdcaosM V�ti:,i'q CY :GNe S 4. 2\ , Easr WRISC.,rE PIAX j� S MAY-17-2002 FRI,12:58 PM E G Rt@ & SONS INC FAX NO. 7637866007 P, 02 V T b. [ ' All 3 HAY-17-2002 FRI 01:00 PSI E G RUD & SONS INC FAX Na 7637866007 P. 04 Ir •mow-/ -� St. -A cri 114 uj dull. .s► ,� � n � ""'+...may t P i t 'mat ! _ • 1 P "• ;' .+'t" � _ - k ter• � m �} � .. w17 � rF wti 1L f • iIf. WC i x.i � ,a1c '�'!� - ,.{ •• r 1 r 'r� cif !r •i I t 1-t r r"' •1 t me'ustlm 4apZ>�9CR�F+� wm+ut,9�R ��i saoas WOW A_ Nr9Ut 7�IrSMaur.r rra f----————————-—------=---= fell -r---------�-- — d IL o � .• Imo, ; �.� �.,�. N� ~ sir �f^— { taro a/ar aasr.„ra--'� � �s �, Y� .•-. ..�it.�saAns 4 / 8 lo.stisi'g s,i yaai;s (; all If If IL i� pt lid ,a else tills fit lit kh -. lip'=�'.ta..i -� �- 154 �c NMk l MlMln V ~ I.iO;OQ,OR9 ' � MIR a v� �J �,�'! -�i:r; Minnesota Departments of Natural Resources DNR WATERS 940 INDUSTRIAL DR. S., #103, SAUK RAPIDS, MN 56379-1235 Phone #: (320) 255-2976 Fax #: (320) 255-3999 May 2, 2002 Cindy Sherman Northwest Associated Consultants, Inc. 5775 Wayzata Boulevard, Suite 555 St. Louis Park, MN 55416 Dear Ms. Sherman: Proposed Shoreland Ordinance Amendment, City of Albertville, Wright County I'm writing in response to your request to review the draft shoreland ordinance language you provided to this office (sent via e-mail on 4/1/02). As you indicate in your e-mail, the City of Albertville developed the proposed amendment to address commercial development. As you also point out, the intent of the proposed changes would allow for more reasonable use of the city s commercial land, while allowing the city to maintain the desired protection of its natural resources. I have reviewed the proposed amendment language and find that it does not comply with the minimum required state standards for shoreland areas. However, the Department can consider this under provisions to the state standards and criteria that allow for flexibility, but the city would need to follow the process as established in the standards. I have enclosed for your review the established criteria from the minimum statewide standards. It will require identification of special circumstances, alternative management standards, and development of written justification and supporting information. The supporting information should include a statement of full support from the city for the request of such flexibility. I look forward to working with the city on this matter and to meeting with you on May 14th Please contact me if you should have any questions. Sincerely, Patricia L. Fowler Area Hydrologist Enc. C. David Hills, Regional Hydrologist Peder Otterson, Shoreland Hydrologist John Vetsch, City of Albertville Linda Goeb, City of Albertvill\, 1-888-646-6367 • %iit DNR Information: 651-296-6157 An Equal Opportunity Employer Who Values Diversity TTY:651-296-5484 • 1-800-657-3929 Printed on Recycled Paper Containing a Minimum of 200/6 Post -Consumer Waste O5/16/02 13:38 FAX 320 229 4301 SEH ALBERTVILLE IM001 AW I 1200 25M kMW 800. P.O. Sort 174,7, St. CWud, m N 5880't-1717 320.229.4300 WVP srcbitaeture eagiaeeritrq • esairanrnerrtat trsusportatiert May 16, 2002 RE: Albertville Minnesota 2002 Frontage Avenue Improvements SEH No. A-ALBEV 0208', 70 Honorable Mayor and City rty Council y Ms. Linda Goeb City Administrator City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-0009 Dear Mayor and Members of the City Council: Bids were opened in the City Hall at 11:00 a.m. on Wednesday, May 15, 2002, for the above - referenced improvement. The low bid was submitted by Rolstad Construetio,a, Inc., of Buffalo, Minnesota. A complete tabulation of bids is enclosed. In my opinion, Rolstad Construction, Inca is the lost, responsive, responsible bidder and I recommend award to them based on their bid of $304, $99.00. Please contact me if you have any questions. Sincerely, S Scott Hedlund, P.E. Project Engineer mh Enclosure \` c Peter J. Carlson, SEH (wlenclosure) short Elliottflowrkcicson Inc. Your Trusted iiesouree Equal Opporturlity Employer 05/16/02 13:40 FAX 320 229 4301 SEE ALBERTVILLE 002, i lip tt $ 8 8 $t $ $ Pc X3 8 $ $ �' $R 8 $ a � " 8 L O W LU ul !-. � 1iWWi 1�F. tl%' Y pW}� �- W ffi � �'• ~ y� �y � y, t t: Y Y 8 O d z z _ o N N ♦ t0 CI n N A �a e- .N- � .K- ^. O r. w r. N LV N 3 05/16/02 13:42 FAX 320 229 4301 SEE ► ALBERTVILLB 003 05/16/02 13:43 FAX 320 229 4301 SEE ► ALBERTVILL.E IM004 K p 8 8 8, 8 8. c st s$�8 � N W t t t t tW o o OZM3 y M m � 05/10/02 13:45 FAT 320 229 4301 SEH E i + ALBERTVILLE 0003 » � � � M M M Yl I► N N � » 7iir M i6 N �rq, » ITi N � ep p p pQ Q o0 4 q. p ik St a I a M V! p$� F �!p pqpq Qp e qp ppq 8 s Z U 0 a U Q a �q�q06 5 •Y v v �,pr .$g LL r _ $ �� € Go r QQ Z ZZ pp �g Q, p S $ $ 8. ,q G, �Q$pp �$}7 O8 O Q �$g}i O r0•,10 8 Si 8 F F W 8O is P1 1[Tf 05/16/02 13:47 FAX 320 229 4301 SEH ALBERTVILLE 05/18/02 13:48 FAX 320 229 4301 SEH ALBERTV I LLE fM 00 7 �.. � � � w � M rl► N w w M r �Ny QC�pj Irp A f�� N O p FQQ� {y p ry p N r S (R Q H u'S R ri O, ��OQj, p igRj Q�8 m ,¢ 8 a Z 7p O 0p,, ro O vi of �i Fri a s sIla F- fA i [ CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF NUNNESOTA RESOLUTION NO.2002-22 RESOLUTION AWARDING CONTRACT LACENTRE AVENUE NE IlVIPROVEMNTS WHEREAS, the City Council of the City of Albertville has duly considered an improvement project consisting of the installation of water main, sanitary sewer, curb and gutter, and bituminous pavement to properties located immediately to the north and west of Outlets at Albertville; and WHEREAS, said improvements have been duly approved and ordered, and bids for said project have been advertised in the official City newspaper and the Construction Bulletin for the period required under state statute; THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: l . The bid of �ryy� in the amount of $ TO tQ . U for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 2. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Albertville. 3. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposit of the successful bidder. ADOPTED by the City Council on the 20th day of May, 2002. John Olson, Mayor Linda Goeb, City Administrator 1 CITY OF ALBERTVILLE ORDINANCE # 2002-11 54C AN ORDINANCE ESTABLISHING SALARIES FOR MAYOR AND COUNCIL MEMBERS The City Council of the City of Albertville ordains: Section 1 Compensation. Compensation of the Mayor shall be $300 per month and compensation for each Councilmember shall be $225 per month. Said salaries include attendance at any and all meetings of the Council, its boards, commissions, committees, and intergovernmental assignments. Section 2. Effective Date. The salary schedule shall be effective January 1, 2003. Section 3. Repeal. The following ordinances are hereby repealed and replaced: • Ordinance # 1990-7, adopted September 4, 1990 • Ordinance #1996-18, August 16, 1996 Section 4. Effective Date. This ordinance shall be in full force and effective immediately following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 20th DAY OF MAY, 2002. John A. Olson, Mayor Linda Goeb, Administrator -Clerk