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2011-10-17 CC PacketjJ14E Alq09citvUto.lown UAW;, City of Albertville October 17 � 2011 Council Agenda I. PM input on issues listed Public inp that welcomes and encourages p of Albertville w ublic hearings are scheduled Councilsuch so LIC COMMEN S -The City dvertised p to address the Mayor and P� unity interest. A fishing will be afforded an agenda or of general comm to speak- Citizens w Citizens wishing to on the ortunity ublic hearings should indicate so tttting OPPOrtunity to other than p Council willing and time perm Council", the public is affordagenda i ems' that did not include es ing regarding specific agenda enda eading«Citizens Addressing5hminutes. In during the discussion °f enda,(°m terns on the ag Opportunity to do so under. Presen ations are limited to five ( ) matters not listed on the agenda the Opportunity speak on afforded and end of the ages Card' . speak) are alwaysbe inning nest to Speak usually scheduled at the g'n complete a `Req any case, citizens are asked 1. CALL TO ORDER ALLEGIANCE —ROLL CALL 2. PLEDGE OF COGNITIONS — PRESEN TATIONS — INTRODUCTIONS 3. 4. CITIZENS OPEN F ORUM _ (time reserved 5 minutes) ENDMETI YS TO THE AGENDA 5 AM 6 CONSENT AGENDA DEPARTMENT BUSINESS • meeting. Council ockey BoaY'd m eeting A. City date on the STMA H and Zoning Commission n1 1), Oral Update on the Planning 2), Oral Up B. Fire DePartment C. public Works Department —.,y Attorney time to amend it by-laws and facilitate the .-organization. Further to offer to contract to snow plow 11� 1L5' of road for $150 per year M:APublic Data\City Council\Council Packet information\2011\10 17 201 1\1 0 17 2011 Agenda.doc Meeting Date: October 17, 2011 City of Albertville Council Agenda October 17, 2011 Page 3 of 4 8. ANNOUNCEMENTS and or UPCOMING MEETINGS October 2011 24 6:00 p.m. Joint Powers Water Board meeting 24 8:00 p.m. Parks and Recreation Committee meeting 31 6:00 p.m. Joint Albertville -St. Michael Councils & STMA School mtg Su M Tu W Th F Sa 2 4 5 6 7 8 9 "Op 14 12 13 14 15 16 18 19 20 21 22 3 25 31 26 27 28 29 3 0 November 2011 7 7:00 p.m. 8 7:00 p.m. 11. all day 14 6:00 p.m. 21 7:00 p.m. 24 all day 25 all day 28 6:00 p.m. 28 8:00 p.m. City Council meeting Planning and Zoning Commission meeting Veteran's Day observed — City offices closed STMA Ice Arena Board meeting City Council meeting Thanksgiving Day observed — City offices closed Friday after Thanksgiving — PW-t,.D closed Joint Powers Water Board meeting Parks and Recreation Committee meeting Su M Tu W Th F Sa 1 2 3 4 5 YN_ li: "T 6 8 9 11 12 4 x 13 15 16 17 18 19 20 7' IRFT 22 C - _ 1 23 25 26 27 129 30 M:\PublicData\City Council\Council Packet information\2011\10 172011\10 172011 Agenda.doc Meeting Date: October 17, 2011 City of Albertville Council Agenda October 17, 2011 Page 4 of 4 December 2011 5 7:00 p.m. City Council meeting 12 6:00 p.m. STMA lee Arena Board meeting 13 7:00 p.m. Planning and Zoning Commission meeting 19 7:00 p.m. City Council meeting 26 all day Christmas Day observed — City offices closed 27 6:00 p.m. Joint Powers Water Board meeting 27 8:00 p.m. Parks and Recreation Committee meeting (??) Su M "iffinifflo Tu W Th F Sa 1 2 3 4 F, 6 7 8 9 10 11 a -2- —1 ::-:13 14 15 16 17 181- IW 20 21 22.23 24 27 28 29 30 31 9. ADJOURNMENT M:\PublicData\CityCouncil\CounciI Packet information\2011\10 172011\10 172011 Agenda.doc Meeting Date: October 17, 2011 °`°��, A lber`tvillc Mayor and Council Communication srwer ?i DAM. ur.. October 12, 2011 SUBJECT: FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO authorizing the Monday, October 17, 2011 payment of the claims that includes electronic payments 214EFT — 216 EFT and check numbers 30295 to 30357 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena ExpensesNeudors (bolded) Check No. 30347 Storm Fence — there was donations from the Lions and Knights of Columbus to pay for the $2,500 fence addition Check No. 30357 Zahler — Fire Department pictures (donation account) POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2011\10 17 2011 Finance Bills Report (RCA).doc Agenda Item No. 1 . .1 . Meeting Date October 17, 2011 A,lbertville Small Town Living. 819 Cit€j We. Check Detail Register October 17, 2011 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 000214E 10/12/2011 ABDO, EICK &MEYERS LLP E 101-41400-301 Auditing and Acct'g Services $56.10 284248 E 604-49660-301 Auditing and Acct'g Services $56.10 284248 E 101-42400-301 Auditing and Acct'g Services $56.10 284248 E 101-42000-301 Auditing and Acct'g Services $5&11 284248 E 602-49400-301 Auditing and Acct'g Services $56.11 284248 E 601-49450-301 Auditing and Acct'g Services $56.11 284248 Total ABDO, EICK & MEYERS LLP $336.63 Paid Chk# 000215E 10/12/2011 COURT & MACARTHUR RUPPE, PLLP E 101-41610-304 Legal Fees $85.00 October E 101-42400-304 Legal Fees $75.00 October E 101-41600-304 Legal Fees $112.50 October E 101-41600-304 Legal Fees $3,825.00 October E 468-49000-304 Legal Fees G 101-22831 Woodside - Karston Cove E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 468-49000-304 Legal Fees E 810-00000-304 Legal Fees E 468-49000-304 Legal Fees E 101-41600-304 Legal Fees Total COURT & MACARTHUR RUPPE, PLLP Paid Chk# 000216E 10/12/2011 N. A. C. E 101-41910-306 Planning Fees signs, attd mtgs E 101-41910-306 Planning Fees E 473-00000-306 Planning Fees E 101-41910-306 Planning Fees Total N. A. C. Paid Chk# 030295 10/17/2011 AC CONSTRUCTION R 101-00000-34950 Other Revenues Total AC CONSTRUCTION Paid Chk# 030296 10/17/2011 ALLIED WASTE E 605-43200-308 Recycling Contract Fee Total ALLIED WASTE $337.50 October $467.50 October $187.50 September $2,062.50 September $150.00 September $187.50 September $487.50 September $127.50 September $8,105.00 $2,337.29 19930 $462.15 19930 $237.00 19930 $250.00 19931 $3,286.44 Professional Audit/Accounting Services Professional Audit/Accounting Services Professional Audit/Accounting Services Professional Audit/Accounting Services Professional Audit/Accounting Services Professional Audit/Accounting Services Parkside Commercial Building Inspection Fire Dept Tanker Claim L Kruse contract, library agreement, ordinances, Prarie Run documents, review agenda/packet 1-94 Ramps Karston Cove Escrow FD Tanker Claim LKruse contract, Review packet/ agenda, Engineer requirements publishing bid, CC mtg 1-94 Ramps Ice Arena 1-94 ramps status updates & contract issues mtg Border States Ele CUP Zoning enforcement, ordinances, temp Protech Enforcement Prairie Run Lots September meetings $5.75 Refund Overpayment on Permit #2011-321 $5.75 $6,369.56 0899-001913111 Recycling Service 9/1/11 — 9/30/11 $6,369.56 Paid Chk# 030297 10/17/2011 AMERICAN SUPPLY GROUP INC. E 810-00000-405 Repair/Maint - Buildings $189.10 35713 STMA Arena towels, Disinfectant, Window Cleaner, tissue, Latex Gloves Total AMERICAN SUPPLY GROUP INC. $189.10 Paid Chk# 030298 10/17/2011 APPOLLO SYSTEMS -COMMERCIAL D E 101-45100-405 Repair/Maint -Buildings $20.31 160293 5801 Landers Ave NE Security Total APPOLLO SYSTEMS - COMMERCIAL D $20.31 M:APublic Data\City Council\Council Packet information\2011\10 17 2011\10 17 2011 Finance Bills Posted 201 Ldoc Agenda Item No. 7. F. a . Meeting Date October 17, 2011 2 Mayor and Council Communication - October 12, 2011 Finance - Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030299 10/17/2011 ARAMARK UNIFORM SERVICES E 101-41940-405 Repair/Maint -Buildings $50.00 629-7338327 CH mops, mats, towels E 601-49450-417 Uniform Rentals $9.90 629-7338334 Uniforms Wtr E 101-43100-417 Uniform Rentals $9.90 629-7338334 Uniforms PW E 602-49400-417 Uniform Rentals $9.89 629-7338334 Uniforms Swr E 101-45100-417 Uniform Rentals $9.89 629-7338334 Uniforms Pks Total ARAMARK UNIFORM SERVICES $89.58 Paid Chk# 030300 10/17/2011 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $41.95 968632 Coffee Total BERRY COFFEE COMPANY $41.95 Paid Chk# 030301 10/17/2011 BETHKE, BRAD Page 2 of 7 R 602-00000-99999 UNALLOCATED UTILITY REVENUE $118.03 Refund Refund for 11435 60th Street NE Total BETHKE, BRAD $118.03 Paid Chk# 030302 10/17/2011 CAPSTONE BUILDERS G 101-22800 Landscaping Escrow $3,000.00 Refund Sod, Trees, Refund 4956 Kalenda Ave Total CAPSTONE BUILDERS $3,000.00 Paid Chk# 030303 10/17/2011 CARLSON BUILDING SERVICES, INC E 101-43100-215 Shop Supplies $74.55 37670 TP/Towels/Trash liners/Supplies E 602-49400-210 Operating Supplies (GENERAL) $74.54 37670 TP/Towels/Trash liners/Supplies E 101-42000-200 Office Supplies (GENERAL) $74.55 37670 TP/Towels/Trash liners/Supplies E 101-41940-210 Operating Supplies (GENERAL) $74.54 37670 TP/Towels/Trash liners/Supplies E 601-49450-210 Operating Supplies (GENERAL) $74.54 37670 TP/Towels/Trash liners/Supplies Total CARLSON BUILDING SERVICES, INC $372.72 Paid Chk# 030304 10/17/2011 CENEX FLEETCARD E 601-49450-212 Motor Fuels $204.68 52458C Fuel E 602-49400-212 Motor Fuels $204.67 52458C Fuel E 101-43100-212 Motor Fuels $389.55 52458C Fuel E 101-45100-212 Motor Fuels $389.55 52458C Fuel Total CENEXFLEETCARD $1,188.45 Paid Chk# 030305 10/17/2011 CENTER POINT ENERGY E 101-41940-383 Gas Utilities $15.48 5361503-5-10-11 5975 Main Avenue NE E 810-00000-383 Gas Utilities $117.09 5390131-0-9-11 STMA Arena gas E 101-43100-383 Gas Utilities $32.80 5407574-2-10-11 11728 63rd Street NE E 601-49450-383 Gas Utilities $56.21 5421442-4-10-11 11822 64rd Street NE E 101-41940-383 Gas Utilities $337,97 6759963-9-10-11 5959 Main Avenue NE E 101-42000-383 Gas Utilities $53.48 October 11 11350 57th Street NE E 101-45100-383 Gas Utilities $9.11 October 11 5801 Lander Avenue NE E 101-41940-383 Gas Utilities $23.37 October 11 5954 Main Avenue NE Total CENTER POINT ENERGY $645.51 Paid Chk# 030306 10/17/2011 CENTURYLINK - NC E 101-41940-321 Telephone Total CENTURYLINK - NC Paid Chk# 030307 10/17/2011 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract Total CITY OF MONTICELLO $17.16 1003669890-10-1 Long Distance $17.16 $288.56 0011286 August 2011 Animal Control $288.56 Paid Chk# 030308 10/17/2011 COCA COLA ENTERPRISES BOTTLING E 810-00000-254 Soft Drinks/Mix For Resale $727.76 0168186022 STMA Arena Soda, Water, Powerade Total COCA COLA ENTERPRISES BOTTLING $727.76 Paid Chk# 030309 10/17/2011 COMDATA E 101-42000-212 Motor Fuels $403.08 XS29510012011 FD fuel Total COMDATA $403.08 M:APublic Data\City Council\Council Packet information\2011\10 17 2011\10 17 2011 Finance Bills Posted 2011.doc Agenda Item No. 7.F°. J . Meeting Date October 17, 2011 3 Mayor and Council Communication - October 12, 2011 Finance - Payment of Claims Page 3 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030310 10/17/2011 DJ'S TOTAL HOME CARE CENTER E 101-43100-402 Repair/Maint - Sidewalks $11.84 56468 E 101-43100-215 Shop Supplies $23.47 56553 E 101-45100-405 Repair/Maint - Buildings $4.89 56582 E 101-43100-215 Shop Supplies $3.73 56696 E 601-49450-210 Operating Supplies (GENERAL) $30.97 56772 E 101-43100-215 Shop Supplies $19.23 56798 E 601-49450-210 Operating Supplies (GENERAL) $20.98 56801 E 601-49450-210 Operating Supplies (GENERAL) $22.41 56824 E 602-49400-210 Operating Supplies (GENERAL) $32.05 56829 E 602-49400-210 Operating Supplies (GENERAL) $48.00 56856 E 101-43100-403 Repair/Maint - Catch Basins $32.00 56868 E 101-43100-405 Repair/Maint - Buildings $32.05 56967 E 601-49450-210 Operating Supplies (GENERAL) $9.61 56991 E 601-49450-210 Operating Supplies (GENERAL) $9.61 56993 E 101-43100-215 Shop Supplies $4.80 57006 Total DJ'S TOTAL HOME CARE CENTER $305.64 Paid Chk# 030311 10/17/2011 EMERGENCY MEDICAL PRODUCTS E 101-42000-230 Medical Supplies $156.87 1406774 Total EMERGENCY MEDICAL PRODUCTS $156.87 wood stake - bundle carwash concentrate, pink marking paint softsoap (2) flex asbly funnypipe 3/4" batterys 9v, ace fall grass seed Energizer Max Battery 9v elbow, adapter, CXCXC 1/2" copper, marine grease transplanter wood handle, screwdriver 5/16x8" slot spade drain fiber 16" quickrete concrete mix (10) quickrete concrete mix (6) RSTP Vocoilenm 1 gal RSTP Vocoilenm 1 qt RSTP Vocoilenm 1 qt Popup 4' adj 0-360/15' FD Medical Supplies Suction Unit, Lifepak, fast pack battery Paid Chk# 030312 10/17/2011 ESS BROTHERS & SONS, INC. E 601-49450-406 R/M - Collection System $316.35 QQ5420 R-1642 Sanitary MH Total ESS BROTHERS & SONS, INC. $316.35 Paid Chk# 030313 10/17/2011 FASTENAL COMPANY E 101-43100-400 Repair/Maint - Paved Rd $164.05 MNTC478942 Diamond Blades E 602-49400-407 R/M - Water Mains $48.45 MNTC479101 10 5/8 - 11x2 1/4, 5 5/8-11x2-1/2, 20 5/8 - 11, 20 1/2-13x2-1/4 E 602-49400-407 R/M - Water Mains $28.77 MNTC479118 5 S/S HCS 5/8 - 11 1/2 1/2, 15 1/2 - 13x2-1/4 S/S HCS E 602-49400-407 R/M -Water Mains $88.55 MNTC479326 1 14" MP1000 Diamond Bld Total FASTENAL COMPANY $329.82 Paid Chk# 030314 10/17/2011 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $596.36 F40653 22-0-7-6 Turf Energizer 5 Total FEDERATED CO-OPS, INC. $596.36 Paid Chk# 030315 10/17/2011 FTTH COMMUNICATIONS E 101-43100-321 Telephone $74.55 October PW Internet Total FTTH COMMUNICATIONS $74.55 Paid Chk# 030316 10/17/2011 GOIN POSTAL E 601-49450-404 Repair/Maint - Machinery/Equip $10.78 69 pos receipt 39246 Total GOIN POSTAL $1&78 Paid Chk# 030317 10/17/2011 GOPHER STATE ONE -CALL E 602-49400-209 Locates $66.75 19973 Locates E 601-49450-209 Locates $66.75 19973 Locates Total GOPHER STATE ONE -CALL $133.50 Paid Chk# 030318 10/17/2011 GREAT AMERICAN BUSINESS PROD E 101-45100-210 Operating Supplies (GENERAL) $86.00 3473190 Paw Pal Waste Bags Total GREAT AMERICAN BUSINESS PROD $86.00 M:APublic Data\City Council\Council Packet information\2011\10 17 2011\10 17 2011 Finance Bills Posted 201 Ldoc Agenda Item No. / ..If' A Meeting Date October 17, 2011 0 Mayor and Council Communication — October 12, 2011 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030319 10/17/2011 HASSAN SAND & GRAVEL, INC. E 101-43100-402 Repair/Maint - Sidewalks $113.37 167709 E 101-45100-210 Operating Supplies (GENERAL) $148.80 83368 Total HASSAN SAND & GRAVEL, INC. $262.17 Paid Chk# 030320 10/17/2011 HENRYS WATERWORKS, INC E 602-49400-407 R/M - Water Mains $597.56 15327 Total HENRYS WATERWORKS, INC $597.56 Paid Chk# 030321 10/17/2011 HORIZON ROOFING E 810-00000-405 Repair/Maint - Buildings $254.78 7474 Total HORIZON ROOFING $254.78 Paid Chk# 030322 10/17/2011 1-94 WEST CHAMBER OF COMMERCE E 101-41100-433 Dues and Subscriptions $305.00 2011 Total 1-94 WEST CHAMBER OF COMMERCE $305.00 Page 4 of 7 8 yards pulverized & screened topsoil 10.5 yards pulverized & screened topsoil Cast Iron Valve Box Top, Valve Box Riser, Extensions, Lid marked "water" STMA Arena investigate structural below metal roof panels 2011 Membership Paid Chk# 030323 10/17/2011 INH PROPERTY MANAGEMENT R 101-00000-34950 Other Revenues $513.00 October 11 refund for 3 lock boxes not used Total INH PROPERTY MANAGEMENT $513.00 Paid Chk# 030324 10/17/2011 JOINT POWERS BOARD E 602-49400-300 Professional Srvs (GENERAL) ($787.45) October JP Collection Portion of Credit Card Fees E 602-49400-375 JP Access $14.00 October 4 JP ACCESS E 602-49400-372 JP Dist $59,086.20 October 5 JP DIST E 602-49400-377 JP Fed Wtr Test Pen $22.87 October 1 Fed Wtr Test Pen E 602-49400-374 JP Dist Pen $730.24 October 5 JP DIST Pen E 602-49400-376 JP Fed Wtr Test $1,041.43 October JP Fed Wtr Test E 206-49400-378 JP WAC $680.00 October JP WAC E 602-49400-371 JPDIST COMBO $1,577.20 October 6 JP DIST II low Total JOINT POWERS BOARD $62,364.49 Paid Chk# 030325 10/17/2011 KASPER, LEE G 101-22900 Rental Deposit Escrow $100.01 Refund Refund Damage Deposit 10/02/11 City Hall Rental Total KASPER, LEE $100.01 Paid Chk# 030326 10/17/2011 LUBRICATION TECHNOLOGIES E 601-49450-404 Repair/Maint - Machinery/Equip $788.16 1962744 Mobil SHC,626, Mobilgear 600XP, \ Mobil SHC 629, Mobilgear 220 Total LUBRICATION TECHNOLOGIES $788.16 Paid Chk# 030327 10/17/2011 LYNS HAIR & BODY CARE SALON R 101-00000-34950 Other Revenues $3.25 Refund Refund Overpayment Total LYNS HAIR & BODY CARE SALON $3.25 Paid Chk# 030328 10/17/2011 MAGIC WATER E 101-42000-404 Repair/Maint - Machinery/Equip $168.00 17354B 12 cases 20 oz bottled water E 101-42000-200 Office Supplies (GENERAL) $16.57 17740BS 50 lb bag solar salt E 101-42000-404 Repair/Maint - Machinery/Equip $56.00 17740BS 4 cases 20 oz bottled water Total MAGIC WATER $240.57 Paid Chk# 030329 10/17/2011 MENARDS -ELK RIVER E 101-43100-404 Repair/Maint - Machinery/Equip $41.08 1964 starter kit, risers, couplings Total MENARDS - ELK RIVER $41.08 M:\PublicData\City Council\Council Packet inform ation\2011\I0 17 2011\10 172011 Finance Bills Posted 2011.doc Agenda Item No. 7. �. 1. . Meeting Date October 17, 2011 5 Mayor and Council Communication — October 12, 2011 Finance — Payment of Claims Page 5 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030330 10/17/2011 MIDWEST LANDSCAPES E 101-45100-530 Capital - Improvements $1,068,76 103513 Northwoods Maple (2), Swamp White Oak, Birch, Hackberry, Pin Oak, Total MIDWEST LANDSCAPES $1,068.76 Ponderosa Pine (2), Norway Pine, B Paid Chk# 030331 10/17/2011 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $108,00 588 9/12 coonhound, 9/13 cat, 9/15 beagle, 8/16 cat pickups Total MONTICELLO ANIMAL CONTROL $108.00 Paid Chk# 030332 10/17/2011 MOON MOTORSPORTS E 101-45100-404 Repair/Maint - Machinery/Equip $1.41 4541096 6 Stihl 2.6 HP Premix Total MOON MOTORSPORTS $1.41 Paid Chk# 030333 10/17/2011 MUNICIPAL EMERGENCY SER. INC. E 101-42000-580 Capital - Other Equipment $50.07 00265387_SNV FD Hose, fitting flare, labor Total MUNICIPAL EMERGENCY SER. INC. $50.07 compressor service per Paid Chk# 030334 10/17/2011 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $359.80 569061 Chemcials for testing E 601-49450-218 Testing Expenses $113.40 569804 Chemicals for testing E 601-49450-218 Testing Expenses $113.40 571009 Testing Chemicals Total MVTL LABORATORIES, INC $58&60 Paid Chk# 030335 10/17/2011 NEXTERA COMMUNICATIONS E 101-43100-321 Telephone $64.86 94666-10/11 E 101-41940-321 Telephone $555,99 94666-10/11 E 101-42400-321 Telephone $185.33 94666-10/11 E 101-42000-321 Telephone $64.86 94666-10/11 E 601-49450-321 Telephone $27.80 94666-10/11 E 602-49400-321 Telephone $27.80 94666-10/11 Total NEXTERA COMMUNICATIONS $92&64 Paid Chk# 030336 10/17/2011 NORTH COUNTRY QUALITY BLDRS G 101-22800 Landscaping Escrow $3,000.00 refund Total NORTH COUNTRY QUALITY BLDRS $3,000.00 Paid Chk# 030337 10/17/2011 NORTHWEST CARPET & UPHOLSTERY E 101-41940-405 Repair/Maint -Buildings $270.00 11986 Total NORTHWEST CARPET & UPHOLSTERY $270.00 Paid Chk# 030338 10/17/2011 OXYGEN SERVICE COMPANY E 101-43100-215 Shop Supplies $91.58 07531489 Total OXYGEN SERVICE COMPANY $91.58 Paid Chk# 030339 10/17/2011 PETERSON, RON E 101-42000-230 Medical Supplies $114.00 FD Refund Total PETERSON, RON $114.00 Paid Chk# 030340 10/17/2011 PICK ELECTRIC 7% Phone/Data Network 60% Phone/Data Network 20% Phone/Data Network 7% Phone/Data Network 3% Phone/Data Network 3% Phone/Data Network Refund Sod, Trees Escrow for 4935 Kassel Ave NE Main room & 2 offices Acetylene 150 FD New pads for defibulator E 810-00000-405 Repair/Maint - Buildings $225.00 October STMA Arena installed new light fixture E end, rebuilt light W Total PICK ELECTRIC $225.00 Paid Chk# 030341 10/17/2011 PIPELINE SUPPLY, INC. E 101-43100-403 Repair/Maint -Catch Basins $51.25 S2883692.001 Drain Tile and Coupling E 101-43100-403 Repair/Maint - Catch Basins $52.82 S2886863.001 Catch Basin cover, coupling Total PIPELINE SUPPLY, INC. $104.07 M:APublic Data\City Council\Council Packet information\2011\10 17 2011\10 17 2011 Finance Bills Posted 2011.doc Agenda Item No. 1 . _11 .1 Meeting Date October 17, 2011 L Mayor and Council Communication — October 12, 2011 Finance — Payment of Claims 10100 Premier Bank Paid Chk# 030342 10/17/2011 REGENCY HOMES G 101-22800 Landscaping Escrow Total REGENCY HOMES Check Amt Invoice Comment Page 6 of 7 $2,750.00 Refund Refund Sod, Tree for 10141 Karston Ct $2,750.00 Paid Chk# 030343 10/17/2011 RICHARD ELSEN CONSTRUCTION G 101-22800 Landscaping Escrow $3,000.00 Refund Total RICHARD ELSEN CONSTRUCTION $3,000.00 Paid Chk# 030344 10/17/2011 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $69.14 01OU4469 E 101-42400-200 Office Supplies (GENERAL) $23.23 01OU4469 Total S & T OFFICE PRODUCTS $92.37 Paid Chk# 030345 10/17/2011 SHRED RIGHT -A ROHN INDUSTRIES E 101-41400-300 Professional Srvs (GENERAL) $30.00 106543 Total SHRED RIGHT -A ROHN INDUSTRIES $30.00 Paid Chk# 030346 10/17/2011 ST. LOUIS MRO, INC E 101-42000-305 Medical -Physicals $22.75 28208 Total ST. LOUIS MRO, INC $22.75 Paid Chk# 030347 10/17/2011 STORM FENCE REPAIR & MORE E 101-45100-530 Capital - Improvements $1,250.00 1034 R 101-00000-36200 Donations $2,250.00 1035 Total STORM FENCE REPAIR & MORE $3,500.00 Refund Sod, Trees for 4985 Kama Lane NE Wall calendar, legal pads jr size, legal pads, Wire Bound Legal Pads Document Destruction 9/26111 FD Wortman - Drug Screen Pre employment 8/22111 Central park new gate in outfield fence, replace wire by team bench, add rail to 3rd baseline fence Extend 190' of 48" fence to 73", install bottom rail on new fence Paid Chk# 030348 10/17/2011 SUN PRESS & NEWSPAPERS E 810-00000-351 Legal Notices Publishing $216.28 09112140 STMA Arena Zamboni Driver ad E 101-41100-351 Legal Notices Publishing $44.41 1340771 Prairie Run legal ad Total SUN PRESS & NEWSPAPERS $260.69 Paid Chk# 030349 10/17/2011 VEOLIA ENVIRONMENTAL SERVICES E 601-49450-668 Sludge Removal $4,013.31 G10000020605 Sludge removal August 2011 Total VEOLIA ENVIRONMENTAL SERVICES $4,013.31 Paid Chk# 030350 10/17/2011 VIKING INDUSTRIAL CENTER E 101-42050-437 Misc. Donations $67.50 105445 FD Uniform Rental for S. Wortman Total VIKING INDUSTRIAL CENTER $67.50 Paid Chk# 030351 10/17/2011 WILSON DEVELOPMENT SERVICES E 468-49000-300 Professional Srvs (GENERAL) $343.50 22509 Total WILSON DEVELOPMENT SERVICES $343,50 Paid Chk# 030352 10/17/2011 WRIGHT CTY AUDITOR/TREASURER E 101-41800-511 Taxes on City Property $1,408.00 October 11 E 101-41800-511 Taxes on City Property $18,215.58 October 11 E 101-41800-511 Taxes on City Property $10,771.30 October 11 E 101-41800-511 Taxes on City Property $4,375.00 October 11 E 101-41800-511 Taxes on City Property $13,281.55 October 11 E 101-41800-511 Taxes on City Property $8,586.30 October 11 Total WRIGHT CTY AUDITOR/TREASURER $56,637.73 Paid Chk# 030353 10/17/2011 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $43,070.00 Patrol-11-10 Total WRIGHT CTY SHERIFFS PATROL $43,070.00 Check Amt Invoice 1-94 Acquisition and Relocation Consultant Services Prop Tax 2nd half R101-500-011208 Prop Tax 2nd half R101-135-002010 Prop Tax 2nd half RI0141800511 Prop Tax 2nd half R101-140-001010 Prop Tax 2nd half R101-135-001020 Prop Tax 2nd half R101-135-004010 Sheriff Patrol October 2011 Comment M:APublic Data\City Council\Council Packet information\2011\10 17 2011\10 17 2011 Finance Bills Posted 201 Ldoc Agenda Item No. 1. Meeting Date October 17, 2011 7 Mayor and Council Communication - October 12, 2011 Finance - Payment of Claims Page 7 of 7 10100 Premier Bank Paid Chk# 030354 10/17/2011 WRIGHT-HENNEPIN COOP ELECTRIC E 810-00000-381 Electric Utilities $29.87 05014270100-STMA Arena Fire Panel Total WRIGHT-HENNEPIN COOP ELECTRIC $29.87 Paid Chk# 030355 10/17/2011 XCEL ENERGY E 101-42000-381 Electric Utilities $23.30 Facility Charge 11350 57th St E 101-41940-381 Electric Utilities $107.76 Auto Protective Lgt E 101-41940-381 Electric Utilities $160.28 302199336- 5975 Main Avenue NE E 101-43160-381 Electric Utilities $44.92 302207271- 11060 61st Street NE E 601-49450-381 Electric Utilities $50.39 302356566- 5900 Cty Rd 18 Swr E 101-42000-381 Electric Utilities $383.82 302586093- 11350 57th Street NE E 601-49450-381 Electric Utilities $45.05 302749435- 4940 Kaiser Swr E 101-41940-381 Electric Utilities $46.45 302750592- 5964 Main Avenue NE E 101-43160-381 Electric Utilities $46.48 302828645- 5700 LaBeaux Signal E 101-45100-381 Electric Utilities $160.82 302902622- Ballfield/Rink E 101-41940-381 Electric Utilities $49.36 302935700- 6002 Main Avenue NE E 101-45100-381 Electric Utilities $16.38 303120408- Park Shelter E 601-49450-381 Electric Utilities $72.55 303161990- Lift Station E 601-49450-381 Electric Utilities $4,846.83 303375225- Sewage Plant E 601-49450-381 Electric Utilities $392.77 303377788- Sewer Lift Station E 101-43160-381 Electric Utilities $41.00 303424418- 11750 Cty Rd 37 Signal E 101-43100-381 Electric Utilities $446.47 303546338- 11822 63rd PW E 101-45100-381 Electric Utilities $18.69 303853794- Picnic Shelter E 101-41940-381 Electric Utilities $2,156.87 303888496- 5959 Main Avenue NE E 101-43160-381 Electric Utilities $120.74 304028224- 5300 LaBeaux Light E 101-43160-381 Electric Utilities $100.32 304118919- 5050 LaBeaux Light E 101-43160-381 Electric Utilities $57.38 304118934- 5050 LaBeaux Signal E 601-49450-381 Electric Utilities $44.40 304150768- 5900 Lyman Swr E 601-49450-381 Electric Utilities $31.64 382846845- 5299 Kyler Swr E 101-43160-381 Electric Utilities $4.47 391133604 10820 Kantar Ct NE Fire Siren E 101-43160-381 Electric Utilities $5,503.72 391133684 Street Lights Total XCEL ENERGY $14,972.86 Paid Chk# 030356 10/17/2011 YOCUM OIL COMPANY, INC. E 101-43100-212 Motor Fuels $703.75 00000457134 fuel 206.5 gallons Total YOCUM OIL COMPANY, INC. $703.75 Paid Chk# 030357 10/17/2011 ZAHLER PHOTOGRAPHY E 101-42050-437 Misc. Donations $38.47 FD E 101-42050-437 Misc. Donations $213.75 FD Total ZAHLER PHOTOGRAPHY $252.22 10100 Premier Bank $228,978.21 Fund Summary 10100 Premier Bank 101 GENERAL FUND $143,495.61 206 WAC FUND $680.00 468 CSAH 19 RAMPS/I 94 Project $1,318.50 473 PRAIRIE RUN $237.00 601 SEWER FUND $11,788.40 602 WATER FUND $63,085.66 604 STORM WATER $56.10 605 Recycling Fund $6,369.56 810 STMA ARENA $1,947.38 $228,978.21 FD 5 x 7 photos FD 8 x 10 photos, 16x20 M:APublic Data\City Council\Council Packet information\2011\10 17 2011\10 17 2011 Finance Bills Posted 201 Ldoc Agenda Item No. 7. T .1. Meeting Date October 17, 2011 N. Albertville Mayor and Council Communication 5maffi Y�ssrr. uw�o. ato ��' uls. . October 11, 2011 SUBJECT: CITY CLERK - CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO approve the Monday, October 3, 2011 regular City Council minutes; presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: City staff attends the regularly scheduled City Council meetings and various other workshops to record and document any action that takes place or motions that are made during such meetings. The minutes are presented for Council to review and amend the content as they see necessary. Staff will amend the presented minutes to incorporate the corrections made by the Council. KEY ISSUES: Council members and staff have the opportunity to make necessary corrections to the documented minutes. • Approve the minutes as prepared by City staff with no amendments. • Minutes are permanent records of the City's documents. LEGAL ISSUES: In accordance with Council and Auditing practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: October 3, 2011 regular minutes M:\Public Data\Requests for Council Actions (RCA)\2011\10 17 2011 City Clerk minutes RCA.doc Agenda Item No. 1 .G. .. Meeting Date October 17, 2011 M A�Ibcrtvillc snum 1utw. ALBERTVILLE CITY COUNCIL October 3, 2011 MINUTES ALBERTVILLE CITY HALL CALL TO ORDER — PLEDGE OF ALLEGIANCE The meeting was called to order at 7:02 p.m. followed by the Pledge of Allegiance. ROLL CALL 7:00 PM MEMBERS PRESENT: Mayor Mark Meehan, Council members Larry Sorensen, Jillian Schommer, John Vetsch, and Dan Wagner STAFF MEMBERS PRESENT: City Planner Al Brixius, City Attorney Mike Couri, City Administrator Larry Kruse, Finance Director Tina Lannes, City Clerk Bridget Miller, and City Engineer Adam Nafstad ABSENT: none RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS Mayor Meehan acknowledged that Wright County Commission member Elmer Eichelberg was in the audience. CITIZEN FORUM No comments AMENDMENTS TO THE AGENDA Mayor Meehan asked for amendments to the agenda: TH.1. Planning — Continued discussion on Patty J's Restaurant SAC and WAC fees moved up on the agenda to follow City Council under Department Business (City Clerk Miller) MAPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 11 City of Albertville City Council Minutes October 3, 2011 Page 2 of 14 9.A.1. Close the regular City Council meeting to go into a closed session for the purpose of receiving an update on the Tanker Settlement (City Attorney Couri) CMs Wagner/Sorensen motioned to approve amendments to the October 3, 2011 regular Council agenda, which involved moving item TH.1. Planning -continued discussion of the Patty J's Restaurant SAC/WAC fees following the City Council and adding a closed session to receive updates on the Tanker Settlement. Motion carried unanimously. CONSENT AGENDA No comments DEPARTMENT BUSINESS CITY COUNCIL Request from the STHA Youth Hockey Association — Tammy Tupper, on behalf of the STNIA Youth Hockey Association would like to request the City Council to waive the $50 Temporary Seasonal Sales Permit fee Mayor Meehan stated that Tammy Tupper on behalf of the STMA Youth Hockey Association has requested the City Council to waive the $50 Temporary Seasonal Sales Permit fee. City Clerk Miller informed the Council that Ms. Tupper was in the audience to provide additional information. Ms. Tupper told the Council that the STMA Youth Hockey Association has contacted the property owner, Mike Savitski, to put up a pumpkin stand on the corner of CSAH 37 and Lachman Avenue NE. It is in the strip mall where the Laundromat and Westside Liquor are located. The pumpkin stand would be in the corner closer to the STMA Ice Arena. Ms. Tupper approached staff who instructed her to complete a Temporary Outdoor Seasonal Sales Permit. According to the City Code, the City Administrator does not have the authority to waive the $50 fee. The pumpkins will be donated by a local resident so the profits from the sale will be a little more. However, the $50 permit fee will cut into the profits. Sorensen asked if this is a one -weekend event, which Tupper responded the pumpkin sales will be this weekend. The Association will put the signs up and take them down according to the Code. Mayor Meehan looked to the Council for a motion, which follows: CMs Sorensen/Wagner motioned to waive the $50 Albertville Temporary Seasonal Sale fee for an STMA Youth Hockey Association Pumpkin Sale Fund-raiser that will be held the weekend of M:\PublicData\CityCouneil\CouncilMinutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 12 City of Albertville City Council Minutes October 3, 2011 Page 3 of 14 October 7 through October 9; located on the corner of CSAH 37 and Lachman Avenue NE within the Sunrise Plumbing Commercial Development parking lot in front of the Albertville Laundromat. The location of the Temporary Seasonal Sale tent will not interfere with the traffic flow within the parking lot or the Laundromat. Motion carried unanimously. PLANNING AND ZONING Discussion of the Sewer Access Charge (SAC) and Water Access Charge (WAC) for the address of 5262 Kyler Avenue NE, Suite 111 and Suite 112 City Attorney Couri reported that at the September 19, 2011 regular Council meeting staff was directed to meet with the current property owner of the Shoppes of Prairie Run strip mall located at 5262 Kyler Avenue NE and the tenant/business owner of Patti J's that occupies Suites 111 and 112. (a.k.a. Tom Clouttier and Sirios Svolopoulos). Staff, consisting of City Attorney Couri, City Engineer Nafstad, and City Administrator Kruse, met with the two (2) individuals on Thursday, September 22, 2011 for the purpose of discussing both the back SAC and WAC fees that are attributable to the existing Suite I I I (formerly known as Senior Peppers) located at 5262 Kyler Avenue NE and the SAC and WAC that are due to the expansion into the adjoining Suite 112 (formerly known as BB Wireless). As an outcome of the meeting the proposal was as follows: 1. $4,722.36 of the past WAC is due to Joint Powers. This would be paid to Joint Powers by the City now and assessed against the property payable over a five year period. 2. The remaining $13,097.64 of the past SAC and City WAC would not be assessed against the property nor paid at this time. Patti J's can continue with the number of seats it currently has (and may expand to the BB Wireless space, provided it pays the new SAC and WAC as set out below) without paying the $13,097.64. But, if Patti J's discontinues business at the premises for 30 days or more, sells the business to a third party, or expands the business beyond the BB Wireless space, the SAC and WAC credits would revert back to what has been paid on this space to date. This would be 1.14 SAC and WAC units previously paid with the development of Senior Peppers plus the 2.36 Joint Powers WAC units assessed under #1 above. If the BB Wireless expansion discussed below moves forward and the SAC and WAC fees are assessed, then the combined space would have an additional credit of 2.87 units of SAC and WAC. Whatever use succeeds Patti J's would then have to come into compliance with the SAC and WAC fees by paying the difference between the credits and the units attributable to the new use, which would be calculated on the successor's use per the Met Council manual in place at the time of the change. Payment of fees by Patti J's successor would be at the SAC and WAC rates in effect at the time of succession. M:APublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 13 City of Albertville City Council Minutes October 3, 2011 Page 4 of 14 3. The BB Wireless expansion area would have to pay Joint Powers WAC charges now, which are calculated at 2.87 units times $2,001, or $5,742.87. 4. The BB Wireless expansion area would be special assessed for the City portion of the WAC ($2,726.50) and the entire SAC ($13,202.00) over a period of five years. 5. Interest rate on all assessments would be the City's standard assessment rate for SAC and WAC, which is 6.1% (2% over the most recent bond rate). All assessments would be levied this fall with payments to begin in 2012. The property owner would have to agree not to appeal any of the assessments. 6. These points would be reduced to a writing, signed by the City and Property Owner, consented to by Patti J's, and the agreement would be recorded on the property records at Wright County. 7. Payment breakdown is as follows: a. Cash now: $5,742.87 b. Assessments: $20,650.86 c. Possible future payment by Patti J's successor; amount not calculable at this time. Court noted that the proposal would essentially grandfather in the City's portion of the WAC and all of the SAC attributable to Patti J's (Suite 111) as long as Patti J's occupies the space. Should Patti J's no longer occupy the space and Mr. Cloutier find a new tenant the $13,097.64 of prior SAC and City WAC fees would come due. However, if another restaurant business were to open in the Patti J's (Suite 111 and Suite 112) the new business entrepreneur would pay SAC and WAC on any units the new restaurant qualifies for over and above the amount originally paid by Senior Peppers and BB Wireless. Should the new type of business that occupies the space (Suite 111 and Suite 112) be an office or retail setting, no additional SAC or WAC would be due. Couri stated that Mr. Cloutier rejected the above proposal staff prepared. Mr. Cloutier's concern dealt mainly with the back charges for both the $4,722.36 of Joint Powers Water Board WAC fees and the potential $13,097.64 in future City SAC and WAC fees if Patti J's is not successful and closes the doors. Cloutier expressed his displeasure when he found out the SAC and WAC calculations were incorrectly calculated on Suite 111 following Senior Peppers leaving the space. Cloutier looks at this as a City's mistake and he should not be penalized for the error. Couri informed the Council that other businesses within Albertville have been notified of miscalculations of SAC fees, which they reluctantly agreed to be assessed for the newly calculated difference and were paid over five (5) years. These businesses are Heidi's Market (Car Wash) in the amount of $37,500; D Michael B's in the amount of $36,432; and, Country Inn & Suites in the amount of $29,584. It is unknown the specifics as to why these businesses stood out for staff to go back and recalculate the fees. It was brought up and the City and owners dealt with the error. MAPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-201 l draft bm-lk.doc 14 City of Albertville City Council Minutes October 3, 2011 Page 5 of 14 Staff is recommending entering into an agreement to pay the back SAC and WAC fees. If an agreement is not entered the City Attorney is directing the City and the Building Official not to issue any occupancy permits for the restaurant space (or in this case; into the BB Wireless space - Suite 112) until such SAC and WAC fees have been either paid or the property owner agrees upon a payment plan with the City. The owner (Mr. Cloutier) agreeing to pay the back SAC and WAC fees would allow Patti J's to continue operating as is; however, the City would still require payment of back SAC and WAC fees when and if another restaurant occupies the premises. Should the new tenant change the layout of the space that would trigger the need to complete a building permit that would require the Building Official to issue a `Certificate of Occupancy'. Mayor Meehan invited Mr. Cloutier to speak on the subject of the SAC and WAC fees that are being proposed on his facility. Mr. Cloutier began by asking the Council, staff, and others present what if you were informed that you were going to be charged for your electricity by the number of light bulbs you had. Cloutier commented that you would probably be surprised how much you would be paying. Cloutier continued by reporting he owns property in other parts of the metropolitan area. With these economic times the property value or taxes have remained stable or on some went down. The property in Albertville is about the only one that the value pretty much stayed the same yet the taxes went up. Cloutier shared that when the pizza restaurant opened a few doors down from Patti J's, Cloutier had no problem paying the additional SAC and WAC fees. Now he is working with Sirios Svolopoulos, business owner of Patti J's, to help the restaurant be successful. Cloutier allows Mr. Svolopoulos to expand into the former space of BB Wireless. After a few months of being in business it was discovered by staff that there are back SAC and WAC fees that are due, plus the need to recalculate the fees to Suite 112 were BB Wireless was. Cloutier seemed to understand the need to pay additional SAC and WAC fees on the BB Wireless space; however, did not agree to paying the back SAC and WAC fees on the current space of Suite I I I that is occupied by Patti J's. Cloutier brought up the fact that an error was made, which he feels it is the City's mistake. Cloutier doesn't feel he should have to pay for a mistake or error that was done by the City. Cloutier has put money into the building and now the city is expecting him to pay more for back SAC and WAC fees. This oversight by the City should have been caught when it went from Senior Peppers to Montage Bistro. If it wasn't caught then, staff had another chance when it changed from Montage Bistro to Pappy's. City Attorney Couri stated that he disagreed that a "mistake" was made by the City, as the original applicant applied for a "carry out" restaurant and somewhere along the line it changed to a full service restaurant. He said the City does not complete a SAC and WAC review when the businesses changes ownership. Council wanted clarification on the $4,722.36 of the Joint Powers Water Board portion, which would be paid now. Couri confirmed that the $4,722.36 amount owed to Joint Powers Water M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 15 City of Albertville City Council Minutes October 3, 2011 Page 6 of 14 Board would be paid now by the City and assessed against the property that would be payable over a five (5) year period beginning in 2012. Council member Schommer acknowledged there was a mistake or error in calculating the past SAC and WAC fees to Suite 111 of 5262 Kyler Avenue NE. Schommer has visited with staff regarding the concern and would be open to helping the business and property owner; however, doesn't have a solution at this time. Mayor Meehan began taking a roll call to find out where each Council member stood with a recommendation. Council member Wagner shared that he supports staff and is in agreement with the seven (7) proposal items that staff prepared. Council member Schommer was hesitant as she would like to work something out, but does want the calculation to be fair for both the City and the owner. Council member Sorensen stated he was okay with the proposal that staff has prepared with the amendment to item No. 2 `or changes operations or the building structure in such a manner that a `Certificate of Occupancy' is required under the Building Code' that City Attorney Couri suggested. Council member Vetsch was in agreement with the proposal and the amendments made this evening. Mayor Meehan looked to the Council for a motion to the Patti J's Restaurant/Shoppes at Prairie Run, 5262 Kyler Avenue NE -Suite 111 and 112 accepting staff s recommendations presented in the October 3, 2011 regular Council packet with the amendment made by City Attorney Couri under Item No. 2 to strike dsetz en; at the premises r 30or-dayssellsmore, the business to a third raf. y, and add the following language `or changes operations or the building structure in such a manner that a `Certificate of Occupancy' is required under the Building Code'. The motion was made as follows: CMs Vetsch/Schommer motioned to accept staff s recommendations including amendments made: 1. $4,722.36 of the past Joint Powers Water Board portion of Water Access Charges (WAC) is due to Joint Powers. This would be paid to the Joint Powers Water Board by the City now and assessed against the property (5262 Kyler Avenue NE, Suite 112) payable over a five (5) year period; and, 2. The remaining $13,097.64 of the past Sewer Access Charges (SAC) and City Water Access Charges (WAC) would not be assessed against the property nor paid at this time. Patti J's can continue with the number of seats it currently has (and may expand to the MA\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 16 City of Albertville City Council Minutes October 3, 2011 Page 7of14 BB Wireless space (Suite 112), provided it pays the new SAC and WAC as set out below without paying the $13,097.64. But, if Patti J's expands the business beyond the BB Wireless space (Suite 112) or changes operations or the building structure in such a manner that a `Certificate of Occupancy' is required under the Building Code the SAC and WAC credits would revert back to what has been paid on this space (Suite 112) to date. This would be 1.14 SAC and WAC units previously paid with the development of Senior Peppers plus the 2.36 Joint Powers Water Board WAC units assessed under No. 1 above. If the BB Wireless (Suite 112) expansion discussed below moves forward and the SAC and WAC fees are assessed, then the combined space would have an additional credit of 2.87 units of SAC and WAC. Whatever use succeeds Patti J's would then have to come into compliance with the SAC and WAC fees by paying the difference between the credits and the units attributable to the new use, which would be calculated on the successor's use per the Met Council Manual in place at the time of the change. Payment of fees by Patti J's successor would be at the SAC and WAC rates in effect at the time of succession. The BB Wireless (Suite 112) expansion area would have to pay Joint Powers Water Board WAC charges now, which are calculated at 2.87 units times $2,001.00, or $5,742.87. 4. The BB Wireless (Suite 112) expansion area would be special assessed for the City portion of the WAC ($2,726.50) and the entire SAC ($13,202.00) over a period of five (5) years. 5. Interest rate on all assessments would be the City's standard assessment rate for SAC and WAC, which is 6.1% (2% over the most recent bond rate). All assessments would be levied this fall (2011) with payments to begin in 2012. The property owner would have to agree not to appeal any of the assessments. 6. These points would be reduced to a written agreement, signed by the City and Property Owner, consented to by Patti J's, and the agreement would be recorded on the property records at the Wright County Recorder's Office. 7. Payment breakdown is as follows: a. Cash now: $5,742.87 b. Assessments: $20,650.86 c. Possible future payment by Patti J's successor; amount not calculable at this time. Motion carried unanimously. Council directed staff to amend the `Certificate of Occupancy' document to include the number of seats when dealing with eating establishments, which would trigger evaluating the SAC and WAC fees for the space. WPublic Data\City Council\Council Minutes\201 I Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 17 City of Albertville City Council Minutes October 3, 2011 Page 8of14 FIRE DEPARTMENT No comments PUBLIC WORKS -PARKS DEPARTMENT No comments UTILITIES DEPARTMENT (VVWTP) No comments BUILDING DEPARTMENT No comments FINANCE DEPARTMENT Authorize the Alonday, October 3, 2011 payment of the claims that includes electronic payments 187 EFT and check numbers 30240 to 30294 CMs Wagner/Sorensen motioned to authorize the Monday, October 3, 2011 payment of the claims that includes electronic payments 187 EFT and check numbers 30240 to 30294 in the total amount of $70,656.91 as presented, that will be scanned with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City's official record. Motion carried unanimously. CITY CLERK Approve the Monday, September 19, 2011 regular City Council meeting M Meehan/CM Schommer motioned to approve the Monday, September 19, 2011 regular City Council minutes as presented. Mayor Meehan, Council members Schommer, Sorensen, and Wagner voted aye. Council member Vetsch abstained from voting. M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-201 l draft bm-lk.doc W. City of Albertville City Council Minutes October 3, 2011 Page 9 of 14 PLANNING AND ZONING Discussion of the Sewer Access Charge (SAC) and Water Access Charge (WAC) for the address of 5262 Kyler Avenue NE, Suite 111 and Suite 112 This item was discussed earlier in the meeting. ENGINEERING Accept the City Engineer's Project Status I-94 Westbound Collector -Distributor Road City Engineer Nafstad briefly commented on the I-94 Westbound Collector Distributor Road, which staff held a meeting on Friday, September 23rd with MnDOT District No. 3. The purpose of the meeting was to discuss the remaining design of the distributor road that focused on the slotted drain, specifications for earthwork, the wall design, and meeting the ADA requirement on CSAH 37 traffic signal. As an outcome of the meeting, the design team will be submitting revised final plan sets to the State by October 6th for MnDOT District No. 3 who will forward them onto the MnDOT's Central Office. The City needs the MnDOT's approval of the plans in order to bid the project. Other things unfinished are the negotiations with AT & T on the easement acquisition and relocation agreement. CSAH 19 Traffic Signals Nafstad continued by reporting back to Council on the CSAH 19 (LaBeaux Avenue NE) Traffic Signals. Nafstad stated that staff has contacted the Wright County Highway and Sheriff s Department to review the crash history at the various intersections along CSAH 19. These include and are not limited to CSAH 18 (a.k.a. Jason Ave. NE and 50" St. NE), 57" Street NE, and CSAH 37 (a.k.a. 60th St. NE or 61st St. NE). The predominant problem found at all three (3) locations are motorists making a permissive left- hand turn on a green light, failing to follow the signage that reads "yield on a green'. These intersections have green -arrows; however, when a motorist approaches most likely sees the green ball light and feels they have the right to make a left turn. Nafstad gave a suggestion to mitigate the crashes, which is to allow a permissive left turn by using a flashing yellow arrow versus the green ball light. Implementing this style of signalized lights would involve replacement of five (5) sections of signal heads for the left turns and replacing them with a 4-section signal head that would have on the top a red arrow, next a solid yellow arrow, next a flashing yellow arrow, and at the bottom a green arrow. WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-ik.doc 19 City of Albertville City Council Minutes October 3, 2011 Page 10of14 Incorporating the yellow flashing arrow is a safer, more efficient left turn signal and is now a MnDOT standard. It has been suggested by Wright County that the CSAH 19 & CSAH 37 signal be retrofitted first because approximately 50% of the accidents happen at this intersection. Council asked what the estimated cost to change out these lights would be which City Engineer Nafstad gave a rough guessimate of $30,000 to $35,000 for each signal. Nafstad was hopeful that Wright County would share in some of the expense. Council member Sorensen agreed with the statistics that 50% of the accidents do seem to happen at the CSAH 19 & CSAH 37 intersection. Sorensen directed staff to research where to pull the City's portion of $17,500 in the budget to change out the left turn traffic signals with Wright County sharing in the remaining $17,500. Nafstad would work with the Finance Director to research where to come up with the City's portion to change out the left turn traffic signals at the intersection of CSAH 19/37; and, to notify the Wright County Highway Department the City would be willing to share the expense to upgrade the signal lights to the MnDOT newer standards. Four Season Park — Trail Improvement (continued discussion item from September 19, 2011) City Engineer Nafstad was directed to research the cost to overlay the Four Seasons Park Trail. This cost was not included in the 2011 Street Improvement; however, staff has been monitoring the sidewalks and trails throughout Albertville. This trail is approximately ten (10) plus years old and is beginning to show wear and tear. The estimated cost to overlay the trail portion within the Four Seasons Park was estimated at $23,000, To include and get the job done it needs to be decided now before the weather changes. The main purpose of reporting on the trail was to inform the Council the condition of the parking lot and the trail. Council asked if the costs would go up a significant amount if the project was postponed until 2012, which staff felt the cost would be pretty close to the $23,000 amount. Staff did want the Council to know they would like to see the overlay completed in 2012 and not put it off any later than that. Council acknowledged the fact that the trails and or sidewalks throughout Albertville are in need of maintenance. The City applied for a Wright County Grant but were not awarded it in 2011. The Council wants to hold off until 2012 to try applying for the Wright County Grant; otherwise, include it in the 2012 Street Improvement Project. City Planner Brixius prepared the Parks and Trails Comprehensive Plan, which gives the City something to work with. WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 20 City of Albertville City Council Minutes October 3, 2011 Page I I of 14 LEGAL Accept the City Attorney's Report City Attorney Couri asked if the Council had any concerns regarding the report. One area Couri focused on was the AT & T easement that Nafstad commented on earlier. Proposed Amendments to the City Administrator's Contract City Attorney Couri began by stating that the City Administrator's Contract was initially drafted and entered into in November 2003. The contract has not been updated since then with the minor change in the calculation of the car allowance section. The Mayor, serving as a member of the Personnel Committee, asked Couri to review and bring the City Administrator's Contract up to date. In other words do some general housekeeping on the language within the document. Couri noted that included in the agenda packet is a compare document that shows the changes made from the original contract. The changes are relatively minor in nature and mostly clarify the original intent of the parties. For example, the changes in Paragraph 3 bring the salary up to date and clarifies that salary increases shall be equal to the percentage cost of living adjustment for all other City employees. Other changes clarify that sick leave accrues per the City's Personnel Policy (Paragraph 8); Paragraph 9 clarifies which professional organizations the City will pay dues for and which events the City will pay travel for; and Paragraph 12 clarifies that the City Administrator will be evaluated annually and that the City Administrator will place the performance evaluation on the City Council agenda. Council member Sorensen challenged Mayor Meehan as to how much did it cost the City to have the City Attorney review the City Administrator's Contract. Sorensen would have appreciated if this would have been brought up at a Council meeting prior to the Personnel Committee making the decision to amending the document. The amendments or changes are minor. As Couri reported they are basic housekeeping, which was not really necessary. CMs Vetsch/Wagner motioned to approve the amendments to the City Administrator's Contract as presented. Mayor Meehan, Council members Schommer, Vetsch, and Wagner voted aye. Council member Sorensen voted nay. Motion carried unanimously. ADMINISTRATION City Administrator Update — Ukrainian Delegates City Administrator Kruse gave a review of how the day went for the Ukrainian Delegates. The day began with a social hour where there were coffee, rolls, and juice. Then they gathered around tables where there was an economic development discussion with participation by Wright County City Administrators, area businesses and other professionals. It was interesting to M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 21 City of Albertville City Council Minutes October 3, 2011 Page 12 of 14 discover how they thought process is somewhat similar to ours. Staff was involved during the workshop session where we broke out into smaller groups to continue the discussion. The Crow River Seniors prepared a `Minnesota' hot dish, a jell-o type salad and staff contributed a variety of desserts. After the meal they went outside to help plant an Autumn Maple tree, which was received positively by the Ukrainian's. This is something I did when I visited them in May 2011. Wright County Sheriff's Department had a K-9 Unit here to demonstrate how the dogs are used to help control criminals. A couple of the Albertville firefighters were here with the ladder truck. They boarded a van and toured a few businesses in the area. The first stop was at the Minnesota Road Research office where Irina Fursman, an interpreter marked where she was from; then they went to the J & B Meats production in St. Michael for a tour of the facility. They got to see the joint Crow River Senior Center where the members served beverages and bars. They toured the St. Michael, Albertville, and Hanover Library. The last stop was for the day was the Albertville Premium Outlets where they were given bags that contained gift cards ranging from $50 to $5. They wished they had more than a couple hours to shop. All -in -all it was a beautiful day and everyone enjoyed the workshop along with the company. ANNOUNCEMENTS and or UPCOMING MEETINGS 10 6:00 p.m. STMA Ice Arena Board meeting 11 7:00 p.m. Planning and Zoning Commission meeting 17 7:00 p.m. City Council meeting 24 6:00 p.m. Joint Powers Water Board meeting 24 8:00 P.M. Parks and Recreation Committee meeting 31 6:00 p.m. Joint Albertville -St. Michael City Councils and the STMA School Board mtg ON e �eeee m �mmmNOUN m mm MAPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 22 City of Albertville City Council Minutes October 3, 2011 Page 13 of 14 November 2011 7 7:00 p.m. City Council meeting 8 7:00 p.m. Planning and Zoning Commission meeting 11 all day Veteran's Day observed — City offices closed 14 6:00 p.m. STIVMA Ice Arena Board meeting 21 7:00 p.m. City Council meeting 24 all day Thanksgiving Day observed — City offices closed 25 all day Friday after Thanksgiving — PW-U`D closed 28 6:00 p.m. Joint Powers Water Board meeting 28 8:00 p.m. Parks and Recreation Committees meeting Su M Tu W Th F Sa 1 2 3 4 5 6 CC 7'` 8 9 .. 11 12 13 Ice 14 15 16 17 18 19 20 ��21. - 22 23 : `H24h 25 26 27 V 29 1 30 December 201. 5 7:00 p.m. 12 6:00 p.m. 13 7:00 p.m. 19 7:00 p.m. 26 all day 26 8:00 P.M. 27 6:00 p.m. City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Christmas Day observed — City, offices closed Parks and Recreation Committee mtg. (tentative) Joint Powers Water Board meeting (tentatively set) ®©M©®©M �i'N �� ,} � drs:�.F Ks .--.M©© MMMMMMM M :- MMMM MIM ®MMM M . MM MM MAPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 23 City of Albertville City Council Minutes October 3, 2011 Page 14 of 14 CLOSED SESSIONS - UPDATE ON THE TANKER ACCIDENT LITIGATION CMs Wagner/Sorensen motioned to close the regular City Council meeting at 9:08 p.m. for the purpose of going into a closed session to receive an update on the Tanker Accident Litigation Settlement. Motion carried unanimously. CMs Wagner/Schommer motioned to reconvene the regular City Council meeting at 9:11 p.m. with the option to make a motion based on the information received during the closed session regarding the Tanker Accident Litigation Settlement. Motion carried unanimously. CMs Schommer/Sorensen motioned to direct staff to proceed or go forward with the Tanker Accident Litigation Settlement as prepared by the City Attorney and as previously agreed upon. Motion carried unanimously. ADJOURN CMs Wagner/Schommer motioned to adjourn the Monday, September 19, 2011 regular City Council meeting at 9:12 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) MAPublic DataTity Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-03-2011 draft bm-lk.doc 24 lb£rtYijl£ Mayor and Council Communication T.a W6,9. fo avcv w.. October 12, 2011 SUBJECT: ENGINEERING - MEMORANDUM OF UNDERSTANDING FOR THE INSTALLATION AND MAINTENANCE OF A FLASHING YELLOW ARROW SIGNAL FOR THE TRAFFIC SIGNAL ON CSAH 19 AT CSAH 37 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve MEMORANDUM OF UNDERSTANDING FOR THE INSTALLATION AND MAINTENANCE OF A FLASHING YELLOW ARROW SIGNAL FOR THE TRAFFIC SIGNAL ON CSAH 19 AT CSAH 37 IN THE CITY OF ALBERTVILLE and directing staff to coordinate the improvement with the Wright County Highway Department. BACKGROUND: The signal system at CSAH 19 (LaBeaux Avenue NE) and CSAH 37 (61St Street NE) have protected — permissive left turn signals. This system allows a left turn on a green arrow at the beginning of the cycle (protected) and permits left turns after yielding on the circular green (permissive). This is generally preferred when it can safely be done as it will reduce the overall delay and increase the capacity of the system. Between 2006 and August 2011, there have been 49 crashes at this intersection and this intersection accounts for the majority of the crashes within the City. The predominate cause of the accidents at this intersection are motorists making a permissive left turn and failing to yield on the green ball. A summary of the crashes between 2006 and August 2011 at the intersection is as follows: 2006 Total of 13 crashes, of these 6 left turn, fail to yield on green ball; 4 running red light; and 3 rear end. 2007 Total of 9 crashes, of these all 9 were left turn, fail to yield on green ball. 2008 Total of 9 crashes, of these all 9 were left turn, fail to yield on green ball. 2009 Total of 8 crashes, of these 7 were left turn, fail to yield on green ball; and 1 car/pedestrian crash. 2010 Total of 5 crashes, of these all 5 were left turn, fail to yield on green ball. 2011 Total of 5 crashes to date, of these 3 were left turn, fail to yield on green ball; 1 running red light; and 1 rear end. Changing the signal to protective -only operation, where a red arrow prevents left turns when the signal shows circular green, is not believed to be an appropriate option. This operation produces motorist frustration by having to wait for a green arrow when they can clearly see that the turn can be made. Protective -only operation would also increase signal delays and create problems with queues and overall signal operation. M:\Public Data\Requests for Council Actions (RCA)\2011\10 17 2011 Engineering CSAH 19 @ CSAH 37 Signal RCA.doc Agenda Item No. f .... .. Meeting Date October 17, 2011 Mayor and Council Communication —October 12, 2011 CSAH 19 at CSAH 37 Signal MOU Page 2 of 2 A good solution to mitigate the crash rates is believed to be continued use of permissive left turn operations by using a flashing yellow arrow, rather than a green ball. This would require the removal of the 5 section signal heads for the left turns and replacing them with a 4-section signal head that would have a red arrow, a yellow arrow, a flashing yellow arrow, and a green arrow. The flashing yellow arrow is a safer more efficient left turn signal and is now a MnDOT standard. The County has prepared the attached Memorandum of Understanding (MOU) for implementation of the signal improvements. The MOU identifies the need of the improvement, estimated cost, and each entities cost responsibilities. Generally, the County will coordinate and manage the implementation of the improvement. The City's responsibility will generally be limited to funding 50% of the cost to furnish and install the improvement, which is estimated to be $32,000 ($16,000 City cost). KEY ISSUES: • Crash rates can be reduced at the CSAH 19 at CSAH 37 signal system with the use of a flashing yellow left turn arrow. A national study demonstrated that drivers found flashing yellow left -turn arrows more understand -able than traditional yield -on -green indications. • It is County policy and has been general practice in Albertville, that all costs associated with signal improvements be split 50150 between the City and the County. • The City's cost to improve the signal system in estimated to be $16,000. • If the MOU is approved, the improvements can be implemented this fall. POLICY CONSIDERATIONS: It is the City's Policy for the Mayor and City Council to authorize funding and the making of municipal improvements. FINANCIAL CONSIDERATIONS: Adoption of this MOU commits an estimated $16,000. This year's budget for transportation capital improvements is $57,000, from which the proposed improvement can be funded. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize municipal improvements and enter into cost participation agreements. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Engineering/Adam Nafstad, City Engineer Attachments: Memorandum of Understanding M:\PublieData\Requests for Council Actions (RCA)\2011\10 172011 Engineering CSAH 19 @ CSAH 37 Signal RCA.doc Agenda Item No. / ... . Meeting Date October 17, 2011 -IMPROVING SAFETY THROUGH SOUND ENGINEERING DECISIONS" I*AV,VJ74 I D1eVK9J_2MVMJ Wright County Public Works Building 1901 Highway 25 North Buffalo, Minnesota 55313 Jet. T.H. 25 and C.R. 138 Telephone: (763) 682-7383 FAX: (763) 682-7313 WAYNE A. FINGALSON, P.E. Highway Engineer (763) 682-7388 N71RGIL G. HMNIKINS, P,& Assistant Highway Engineer (763) 682-7387 MARK JOHNSON Right of Way Agent (763) 682-7386 MEMO OF UNDERSTANDING FOR THE INSTALLATION ANDMIAINTENANCE OF A FLASHING YELLOW ARROW SIGNAL FOR THE TRAFFIC SIGNAL ON CSAH 19,' CSAII 37 IN THE CITY OF ALBERTVILLE Between: The City of Albertville, hereinafter called the "City", and The Wright County Highway Department, hereafter called the "County",, WHEREAS, The City and the County have discussed the numerous crashes that have and continue to occur at the intersection ofCSAH's 19 & 37, due to motorists making left turns and not yielding on a green ball. AND WHEREAS, The use of the flashing yellow arrow has been shown to have several benefits, including minimizing delays and enhancing safety by -reducing driver errors. AND WHEREAS, flashing vellow arrow signals have been approved for widespread use by the Zn ' Federal Hillt>hway Administration. AND WHEREAS, Flashing yellow arrow signals have been shown to help drivel s make fewer mistakes and they keep motorists safer during heavy traffic and reduce delays when traffic is light. AND WHEREAS, both the City and County wish to pursue the installation of aflashing yellow arrow signal system at the intersection of CSAH 1.9 & 37. IT IS HEREBY AGREED AND MUTUALLY UNDERSTOOD THAT; 1. The County will provide specifications, obtain cost proposals, and observe the construction of the proposed system at their own cost. 2, The County will purchase the necessary signal equipment for the project and hire a contractor for installation of the system. 3. The City and the County will pay (one-half each) for the cost to furnish and install the system as described #2 above, estimated total cost of approximately $32,000.00. 4. The County will pay for all initial costs for the purchase of materials and construction of the Flashing Yellow Arrow Signal System-, and in turn, will send an invoice to the City for reimbursement of 50"/o of the actual costs to furnish and install the complete system, consistent with this Memo of Understanding. Equal Opportunity / Affirmative Action Employer 27 Memo of Understanding City of Albertville and Wright County Flashing Yellow Arrow Signal System Page 2 5. No work described herein will begin until this Memo of Understanding has been signed by both parties. 6. Upon completion of the project, Traffic Signal Agreement No, 99-02 and Traffic Control Signal Agreement No. 79964 shall remain in effect. These agreements outline specific maintenance responsibilities of the existing traffic signal at CSAH 19 & 37, For the City: Larry Kruse, City Administrator Date For the County: ayne Fingalson, County Engineer Date M KH-1 I lbcrtvijlc Mayor and Council Communication s� t;, , ft *Vv uti. October 12, 2011 SUBJECT: LEGAL — KARSTON COVE 3RD ADDITION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: MOTION TO approve the Karston Cove 3rd Addition - Conditional Second Amendment to the Conditional Use Permit/Planned Unit Development (CUP/PUD) Development Agreement. BACKGROUND: In September, 2004, Woodside Karston Cove, LLC entered into a Development Agreement with the City of Albertville related to the platting of a number of townhome units in the Karston Cove 3rd Addition plat. The Development Agreement called for the municipal improvements to be installed by October 31, 2005. While these were installed to serve the 14 lots that were developed on the north side of 64th Street NE, they were never installed to serve the 29 lots on the south of 64th Street NE. Neither were other items such as landscaping, bituminous drives, etc. A Letter of Credit was posted by the original developer to secure the installation of these items. When Woodside went bankrupt a few years back, the bank declined to renew the Letter of Credit and the City drew the entire amount of the $460,000 Letter of Credit and has been holding the funds (less the costs of drawing on the Letter of Credit) ever since. These funds are being held by the City to be used for completion of the required improvements. Woodside has since transferred the property and the rights to the money the City is holding in escrow to Centra North, LLC. Centra North has indicated that it believes that the units required to be constructed by the Development Agreement are no longer financially viable in today's real estate market. Centra North, LLC. has indicated its intent to replat the property into an outlot to hold until the market recovers or to market to another developer in the meantime. Assuming the replat is granted, Centra North, LLC. expects the City to release the Letter of Credit money to it (Centra North, LLC.). Upon replat of the lot into numbered lots and blocks, the City would again require a Letter of Credit from the developer who replats the outlot to secure the completion of the necessary improvements. Prior to submitting an application requesting that the existing lots be replatted into an outlot, Centra North, LLC. wants some assurance that if the plat is granted, the City will release the Letter of Credit funds to Centra North, LLC. The agreement accompanying this memo accomplishes that goal. KEY ISSUES: • In 2009, the Developer and the City executed an amendment to the development agreement extending the time the Developer had to install the improvements to October 31, 2010. This effectively pushed back the statute of limitations (the date by which the M:\Public Data\Requests for Council Actions (RCA)\2011\10 17 2011 Legal Karston Cove 2nd Amendment RCA.doc Agenda Item No.: 7.11. Meeting Date: October 17, 2011 Mayor and Council Communication — October 12, 2011 Karston Cove 3rd Addition Second Amendment to Developer's Agreement Page 2 of 2 City must sue for breach of the developer's agreement or lose its right to enforce the agreement) to October 31, 2016. Effectively, the City can choose to take no action on this issue for several more years without compromising its enforcement rights. • The 29 lots which are proposed to be replatted are currently in the homeowners' association which governs all lots in Karston Cove 3rd Addition. We have asked the homeowners' association to consider how the replat may impact the association and to indicate to the Council whether it would be in favor or against a replat of the lots. We have not received a position statement from the association to date. The association may appear at the public hearing that will be required for a replat of this property. • The City Engineer has identified a number of issues which need to be addressed by the City Council if this property is to be replatted into an outlot. The City Engineer requests that the Council go through this list and indicate which items it would want to require be completed if the replat were granted. As an alternative, the Council can wait and decide these items after the public hearing on the replat is held. • Approving this Agreement does not obligate the City to approve the replat, but does obligate the City to refund the letter of credit money (less the City's expenses) if the replat is approved and Centra North completes the items on the City Engineer's memo that the Council requires. POLICY CONSIDERATIONS: The City Council does not have to enter into this Agreement. It has been prepared at the request of Centra North so that they have some assurance that the letter of credit money will be returned to them in the event the replat is granted. The Council's decision to adopt or reject this agreement is a matter of policy. FINANCIAL CONSIDERATIONS: Adoption of this Agreement will have no financial impact on the City. All City -incurred expenses related to this development will be reimbursed from the letter of credit money prior to the release of the funds. LEGAL CONSIDERATIONS: The Agreement is a binding contract, if adopted by the City. If the City were to grant the replat and the Developer completes the required improvements, the City would be bound to refund the letter of credit money to Centra North. If the City were to deny the replat, the 2009 amendment to the Developer's Agreement and the original Developer's Agreement would remain in force. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Karston Cove 3rd Addition - Conditional Second Amendment to the Conditional Use Permit/Planned Unit Development (CUP/PUD) Development Agreement; and, Memorandum from City Engineer Adam Nafstad dated October 11, 2011 M:\PublieData\Requests for Council Actions (RCA)\2011\10 172011 Legal Karston Cove 2nd Amendment RCA.doc Agenda Item No.: 7.e.0.1. Meeting Date: October 17, 2011 NA EE 0 Consulting Engineers & Surveyors " 1 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: October 11, 2011 To: Michael Couri, City Attorney Cc: Larry Kruse, City Administrator From: Adam Nafstad, P.E., City Engineer Subject: Karston Cove 3rd Addition City of Albertville, MN On September 27, 2011, David Pattberg of Centra Homes and I met at the Karston Cove 3rd Addition site to discuss the seven punch list items previously identified. The following summarizes our discussion and offers recommendations concerning each item in regards to re -platting the site to a single outlot: 1. Record Drawings Neither David nor I recall record drawings being submitted or received. It was agreed that record drawings depicting the as -built condition of the public infrastructure in place need to be submitted. Recommendation: It is recommended that the record drawings be submitted to the City for review prior to further release of the funds held a development security. 2. Sidewalk along 64th Street David and I both agreed that installation of the sidewalk at this time poses several challenges. Installation of the walk would require partial construction of the two private road accesses, as well as, removal of an existing access. While this work is part of the current plans for development of this site, it is likely that Centra Homes, or another developer, may desire to change the plans. Construction of the walk prior to development of the site may limit potential development revisions, or may require replacement to accommodate potential changes to the site. Recommendation: If the subject site is to be re -platted to a single outlot, it is recommended that the construction of the sidewalk be a requirement at the time of its development. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer & 31 Karston Cove 3rd (►, ti� October 11, 2011 3 Page 2 3. Construction of Wetland Outlet The construction of an outlet, closed or open channel, for the wetland in the southeast corner of the plat is needed to control the design water levels of the wetland. It is agreed that it makes more sense to implement such an outlet at the time of development; however, it needs to be known that the boundary of the wetland may change in the interim. It is believed that the boundary of the wetland today may be larger than depicted on the plat. Recommendation: If the subject site is to be re -platted to a single outlot, it is recommended that the construction of the outlet be a requirement at the time of its development. 4. Miscellaneous Grading It is understood that the property is currently being successfully mowed by the Ownership group. However, ruts, holes, and other undulation make the property too rough to be maintained by City equipment, if necessary. In the event that the City is required to the mow the property, grading and general leveling would be required. Recommendation: Unless the grading is corrected, it is recommended that sufficient surety for the grading be held. 5. Removal of Silt Fence A small segment of downed silt fence remains in place. David agrees the fence should be removed and is going to make arrangements to do so. 6. Wetland Buffer Demarcation Signs Wetland demarcation is required by Chapter 5000 of the City Code. Demarcation is necessary to prevent mowing or disturbance of the buffer area. Recommendation: It is recommended that the demarcation signage be installed prior to further release of the funds held as development security. 7. Street Lighting Two of the three required street lights have been installed. It is agreed that in place lighting is sufficient for the current state of the development. However, the third street light will likely be desired at the west entrance at the time of development. MAPublic Data\Agreements\201 I Karston Cove Centra Homes Engineer recommendations. doe DESIGNING FOR A BETTER TOMORROW 3� Bolton & Menk is an equal opportunity employer. ®_ Karston Cove 3rd !a `� October 11, 2011 Page 3 Recommendation: If the subject site is to be re -platted to a single outlot, it is recommended that the installation of the street light be required, or re-evaluated, at the time of its development. Please understand that the above seven items have been identified for Council to consider as part of a potential application to re -plat the site to a single outlot and relinquish the surety held. Without the funding security, the timing of these improvements cannot be controlled and could be many years from now. If the plat is to remain unchanged, it is recommended that surety be reduced only as improvements are implemented, and the costs to complete the requirements of the development are reduced. Also, as we have discussed, staff has other concerns with regards to the proposed improvements, specifically related to freeboard requirements, drainage design, and buffer locations. It is believed that these concerns can be adequately addressed at the time of building permit issuance. Please feel free to contact me with any questions. MAPublic Data\Agreements12011 Karston Cove Centra Homes Engineer recommendations. doc DESIGNING FOR A BETTER TOMORROW �� Bolton & Menk is an equal opportunity employer. CITY OF ALBERTVILLE CONDITIONAL SECOND AMENDMENT TO CONDITIONAL USE/ PLANNED UNIT DEVELOPMENT AGREEMENT KARSTON COVE THIRD ADDITION WHEREAS, the City of Albertville ("City"), a municipal corporation organized under the laws of the State of Minnesota, and Woodside Karston Cove, LLC ("Original Developer"), a Minnesota Limited Liability Company, entered into an Agreement titled "Conditional Use/Planned Unit Development Agreement Karston Cove Third Addition" dated September 30, 2004 and recorded as document number 942285 at the Wright County Recorder's Office, Wright County, Minnesota ("Development Agreement") for a 43-unit townhome development (the "Development"); and WHEREAS, the City and Original Developer entered into the Amendment to the Developer's Agreement recorded on May 19, 2010 as document number 1147922 in the Wright County Recorder's Office; WHEREAS, the Original Developer provided a letter of credit as security for developer's obligations under the Development Agreement; WHEREAS, the City drew upon the letter of credit prior to its expiration and received the sum of $460,000 on or about January 29, 2009; WHEREAS, the City has incurred expenses of $10,662.85 that it has drawn against the letter of credit and that the present sum of the funds received from the letter of credit that the City is holding is $449,337.15 (the "Developer's Funds"); WHEREAS, the Development was intended to be a phased development, and Lots 1 through 15, Block 1, Karston Cove Third Addition, Wright County, Minnesota (the "Phase I Property") have been developed, but no units have been built on Lots 1 through 30 and Outlot A, Block 2, Karston Cove, Third Addition, Wright County, Minnesota (the "Phase II Property"); WHEREAS, the Phase IJ Property and all rights to the Developer's Funds have been transferred to Centra North, LLC ("Developer"); a City of Albertville County of Wright Karston Cove 3d Second Amendment — CUPTUD Agreement WHEREAS, the Development Agreement requires that units in the Development be built consistent with the plans attached to the Development Agreement; WHEREAS, the City Engineer has determined that 12 of the 29 units to be built on the Phase II Property are not compliant with current code; WHEREAS, the Developer has notified the City that it has abandoned the proposed development of the Phase II Property and has requested that the City return the Developer's Funds; WHEREAS, the City has agreed to return the Developer's Funds to Developer provided that (a) Developer submits an application to replat the Phase Il Property as an outlot, (b) the City approves such application, (c) the Developer records the replat, (d) Developer installs certain improvements and prepares the land for long-term holding as may be required by the City, and (e) the Developer agrees to modify the Development Agreement to require the Phase 11 Property to join the existing homeowners' association established on the Phase I Property upon the development of the Phase II Property in the future, should the City so require. WHEREAS, the parties have agreed to memorialize the agreements in the prior recital as provided in this Agreement. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of the foregoing recitals which are incorporated herein and each party's promises and considerations hereinafter set forth, as follows: Application for Replatting of Phase II Property. Developer shall submit an application to replat the Phase II Property as an outlot (the "Application"). Except as expressly provided in this Agreement, the City shall consider the Application according to all codes, ordinances, and statutes governing the Application, and this Agreement shall not be deemed to be an approval of the Application. 2. Effect of Potential Approval of Application. In the event the City approves the Application and provided the Developer desires to finalize the replat of the Phase II property as one outlot, the City shall return the Developer's Funds (less any additional costs incurred by the City which are payable from the Developer's Funds per the Development Agreement) to Developer upon the completion of all of the following events: A. The Developer records the final plat of the approved outlot; B. The Developer installs improvements required by the City and prepares the land for long-term holding as may be required by the City. These improvements shall be based on the list prepared by the City Engineer and attached to this Agreement as Exhibit A -2- 35 City of Albertville County of Wright Karston Cove 3rd Second Amendment — CUPTUD Agreement and shall be installed to the City Engineer's reasonable satisfaction; C. The Developer modifies the Development Agreement to delete all development obligations related to the Phase II Property, except that the City may retain the requirement that the Phase II Property join the existing homeowners' association established on the Phase I Property upon the development of the Phase II Property in the future. If the City Council chooses not to reserve the right to require the Phase II Property to join the existing homeowners' association established on the Phase I Property, the parties shall record such documents and take such other steps as may be required to terminate the Development Agreement and remove it from the property records of the Phase II Property; 3. Citv's Failure to Approve Application. In the event the Citv does not approve Developer's Application, this Agreement shall not be interpreted to have modified the Development Agreement. Except as expressly 1roc ld_ed its tlli�s ll-eemel:st, the parties reserve all rights. claims, and defenses against each other. ', aI I tt` —In the e . n, tl,@ GiI , does no � -oye Developer's Application. n the .,.d...� �iv� �ili�1� v � v i1a. r v.�.vl i 1=tecl to mE�di€i th3c. �� f A ct- f; pt as ex pi-`c',-s sli=-�-rFOV,fled ti,;�T rceTrrc'n-.4h parties resefve all r ghtsZz.nd iiZ i.SATiT17i�, -... .. [Signature Pages to the City of Albertville, Conditional Second Amendment to Conditional Use/Planned Unit Development Agreement, Karston Cove Third Addition follows] - 3 - M City of Albertville County of Wright Karston Cove 3d Second Amendment — CUPTUD Agreement Dated: .2011. CITY OF ALBERTVILLE By: Mark Meehan Its: Mayor By: Bridget Miller Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2011, by Mark Meehan, 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 , 2011, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public Signature Page to the City of Albertville, Conditional Second Amendment 37 City of Albertville County of Wright Karston Cove 3rd Second Amendment — CUP/PUD Agreement CENTRA NORTH, LLC IC Dale R. Wills Its: President STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2011, by Dale R. Wills, as President of Centra North, LLC, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. THIS INSTRUMENT WAS DRAFTED BY: Fredrikson & Byron, P.A. (JGS) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 4989518 1. DOC/063 610.0001 Notary Public -5- Signature Page to the City of Albertville, Conditional Second Amendment tbertvi 11e Mayor and Council Communication October 12, 2011 SUBJECT: LEGAL —PATTI J'S SAC AND WAC CHARGES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO approve the UTILITY CONNECTION CHARGE AGREEMENT for Patti J's Restaurant/Lot 2, Block 1, Shoppes of Prairie Run Two. BACKGROUND: Finken Properties, LLC was the owner of Lot 2, Block 1, Shoppes at Prairie Run Two, for a number of years. It was February 25, 2008, when Finken sold the Property to Shoppes at Prairie Run Property Group, LLC ("Shoppes"). A building permit was issued for the Property in 2007, at which time Finken paid for 1.14 SAC and 1.14 WAC units which were attributable to a fast food restaurant located in the southern -most tenant bay of the building ("Southern Restaurant Space"). Sometime after the initial SAC and WAC payments were made, the tenant in the Southern Restaurant Space expanded the amount of seating and changed the type of seating, which required payment of additional SAC and WAC charges under the City's SAC and WAC ordinance, but such charges were neither billed by the City nor paid by the tenant. It appears that the expansion in seating was done without any sort of application being filed with the City. City staff is not sure whether the expansion occurred before or after "Shoppes" purchased the Property, and thus we are not sure who owned the building when the expansion occurred. The Southern Restaurant Space is now occupied by Patti J's restaurant, and Patti J's desires to expand its restaurant into the space immediately north of the Southern Restaurant Space (the formerly known "BB Wireless" space). City staff cannot issue an occupancy permit for the expansion until past SAC and WAC charges have been paid or arrangements satisfactory to the City Council have been agreed upon. Unpaid past SAC and WAC charges are as follows: Units Amount Due Joint Powers WAC 2.36 $ 4,722.36 City WAC 2.36 $ 2,242.00 City SAC 2.36 $10,856.00 SAC and WAC charges for the expansion into the BB Wireless location are as follows: Joint Powers WAC 2.87 $ 5,742.87 City WAC 2.87 $ 2,726.50 City SAC 2.87 $13,202.00 M:\Public Data\Requests for Council Actions (RCA)\2011\10 17 2011 Legal Patti Ys Restaurant RCA.doc Agenda Item No. f ..Z. Meeting Date October 17, 2011 Mayor and Council Communication — October 12, 2011 Legal — Utility Connection Charge Agreement Page 2 of 3 Tom Cloutier, representing "Shoppes", does not believe it is fair that he has to pay the past SAC and WAC charges since he believes those should have been collected from the past owner of the building. The attached Utility Connection Charge Agreement represents a compromise between Shoppes' initial position that "Shoppes" should pay none of the past SAC and WAC charges and the City's initial position that "Shoppes" should pay all of the past charges. KEY ISSUES: • The City will special assess the past portion of the Joint Powers WAC of $4,722.36 against the Property. The City will pay Joint Powers the same amount now, and will be reimbursed as the assessment is paid over its five-year life. • Past City WAC of $2,242.00 and SAC of $10,856.00 will only be paid at such time as the tenant in the Patti J's space expands its operations beyond the BB Wireless space or changes the use of the space or modifies the physical configuration of the space in a manner that requires an occupancy permit under the building code. At such time, the City will recalculate the SAC and WAC amount based on the use in place at that time and Shoppes will be credited for the SAC and WAC units already paid. If the use at that time is a use such as an office use, Shoppes would likely pay no further SAC and WAC as the amounts paid to date would likely cover it. If the use is a restaurant use similar to Patti J's, Shoppes would likely pay an amount similar to the past SAC and WAC amounts set out above. Once the amount due is determined, the amount will be special assessed against the property over five year period if the owner requests or otherwise paid in cash by the owner. Essentially, the current restaurant use will not be charged the additional past SAC and WAC unless the use or building configuration changes to the extent that an occupancy permit is required. • Joint Powers WAC due from the planned expansion into the BB Wireless space will be paid by Shoppes in the amount of $5,742.87 upon issuance of the building permit. • City WAC and SAC in the amount of $15,928.50 due from the planned expansion into the BB Wireless space will either be paid by Shoppes or will be special assessed against the Property over a five year period. • If this Agreement is not entered into, the City will need to take some action to collect the past SAC and WAC charges, which would likely take the form of an assessment against the property. Tom Cloutier has indicated that he would likely challenge any attempt by the City to collect the past SAC and WAC charges. POLICY CONSIDERATIONS: Collection of the past SAC and WAC charges are likely to be difficult without an agreement. While the Council does not have to enter into this Agreement, it appears to be a reasonable compromise on both sides. Assuming the use of the Patti J's space will change at some point, this Agreement will eventually bring the Shoppes' building SAC and WAC payments in line with the City's ordinance. M:\Public Data\Requests for Council Actions (RCA)\2011\10 17 2011 Legal Patti Ys Restaurant RCA.doc Agenda Item No. 7.12. Meeting Date October 17, 2011 Mayor and Council Communication — October 12, 2011 Legal — Utility Connection Charge Agreement Page 3 of 3 FINANCIAL CONSIDERATIONS: If the Patti J's space continues to be used as it currently is, and does not need an occupancy permit at any time in the future, this Agreement will leave the City short $13,098 in SAC and WAC funds. If the use or building configuration changes, the City will collect the proper amount of SAC and WAC due per the City's ordinance. LEGAL CONSIDERATIONS: The City Council has the authority to settle this dispute via the proposed Agreement. The Agreement will be recorded on the property records and will bind all future owners. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Utility Connection Charge Agreement M:\PublicData\Requests for Council Actions (RCA)\2011\10 172011 Legal Patti J's Restaurant RCA.doc Agenda Item No. ! .3.2. Meeting Date October 17, 2011 42 UTILITY CONNECTION CHARGE AGREEMENT Whereas, The City of Albertville ("City") has in force an ordinance that requires sewer access charge ("SAC") fees and water access charge ("WAC") fees be paid upon the issuance of a building permit for a commercial building; and Whereas, Finken Properties, LLC ("Finken") was the owner of Lot 2, Block 1, Shoppes at Prairie Run 2, Wright County, Minnesota ("Property"), for a number of years until February 25, 2008, when Finken sold the Property to Shoppes at Prairie Run Property Group, LLC ("Shoppes"); and Whereas, A building permit was issued for the Property in 2007, at which time Finken paid for 1.14 SAC and 1.14 WAC units which were attributable to a fast food restaurant located in the southern -most tenant bay of the building located on the Property as shown on the attached Exhibit A ("Southern Restaurant Space"); and Whereas, Sometime after the initial SAC and WAC payments were made, the tenant in the Southern Restaurant Space expanded the amount of seating and changed the type of seating, which required payment of additional SAC and WAC charges under the City's SAC and WAC ordinance, but such charges were neither billed by the City nor paid by the tenant; and Whereas, The Southern Restaurant Space is now occupied by Patti J's restaurant, and Patti J's desires to expand its restaurant into the space immediately north of the Southern Restaurant Space ("BB Wireless Space," see Attached Exhibit A); and Whereas, The City and Shoppes desire to make provisions for the payment of past SAC and WAC charges and future SAC and WAC charges that will be due upon Patti J's expansion into the BB Wireless Space; NOW, THEREFORE, the City and Shoppes agree as follows: 1. A total of 1.14 WAC units have been paid to date on the Southern Restaurant Space, with 2.36 WAC units remaining unpaid as of the date of this Agreement based on a configuration of 48 seats and 526 square feet of dining area currently used by Patti J's. The total amount of unpaid WAC for said 2.36 units is $6,964.36, of which $4,722.36 of the past WAC is due to the Joint Powers Water Board and $2,242.00 is due to the City. 2. Shoppes agrees that the City may special assess said $4,722.36 against the Property payable over a five year period at an interest rate of 4.88%. Shoppes waives its right to appeal said special assessment to Wright County District Court pursuant to Minn. Stat. 429.081, any other applicable law, and any constitutional provisions. 43 City of Albertville County of Wright Shoppes at Prairie Run Utility Connection Charge Agreement Page 2 of 4 A total of 1.14 SAC units have been paid to date on the Southern Restaurant Space, with 2.36 SAC units remaining unpaid as of the date of this Agreement based on a configuration of 48 seats and 526 square feet of dining area currently used by Patti J's. The total amount of unpaid SAC for said 2.36 units is $10,856.00. 4. No portion of the remaining WAC amount of $2,242.00 or the remaining SAC amount of $10,856.00 shall be due until such time as a tenant occupying the Southern Restaurant Space either: 1) expands its operations beyond the Southern Restaurant Space and the BB Wireless Space; or 2) changes the use of the space or modifies the physical configuration of the space in a manner that an occupancy permit is required under the building code applicable at the time of such change in use or modification. Upon such event, the SAC and WAC credits shall revert back to what has been paid on this Southern Restaurant Space up to the date of the event, including any SAC and WAC amounts that have been special assessed against the Property. As of the date of this Agreement, the Southern Restaurant Space has paid for 1.14 SAC units and 1.14 WAC units. If the event in question is an expansion of the Southern Restaurant Space beyond the BB Wireless Space, then total SAC And WAC credits shall be the 1.14 units discussed above plus any units paid on the BB Wireless space. Upon the occurrence of such event, Shoppes shall pay all SAC and WAC due on such space under the City's ordinance at the time of the event based on the type and extent of use at the time of the event (applying the City's SAC and WAC ordinance in effect at such time), less applicable credits described above. Upon the occurrence of such event, Shoppes may elect to have the City Council special assess the City -portion of such SAC and WAC against the property over a period of five years at an interest rate of 2% over the average interest rate of the last City bond issuance, provided 1) Shoppes pays the Joint Powers Water Board portion of the WAC in cash upon billing by the City, and 2) Shoppes signs a waiver of its right to appeal such assessment, with the form of such waiver being acceptable to the City Attorney. 5. In the event the tenant of the Southern Restaurant Space expands into the BB Wireless space, Shoppes shall pay the City the Joint Powers Water Board WAC charges prior to the issuance of a certificate of occupancy. The parties agree that based on the plans submitted to date by Patti J's, the Joint Powers Water Board WAC fees for such expansion by Patti J's would be $5,742.87, calculated as 2.87 WAC units times $2,001. 6. In the event the tenant of the Southern Restaurant Space expands into the BB Wireless space, Shoppes shall either 1) pay the City the City -portion of the WAC charges and all of the SAC charges applicable to the BB Wireless space (less credits paid to date for this space, if any), or 2) elect to have such WAC and SAC charges special assessed against the Property over period of 5 years at an interest rate of 2% over the average interest rate of the last City bond issuance. The City Pa City of Albertville County of Wright Shoppes at Prairie Run Utility Connection Charge Agreement Page 3 of 4 shall not be obligated to special assess such WAC and SAC charges unless Shoppes signs a waiver of its right to appeal such assessment, with the form of such waiver being acceptable to the City Attorney. The parties agree that based on the plans submitted to date by Patti J's, the City -portion of WAC fees for such expansion by Patti J's would be $2,726.50 (calculated as 2.87 WAC units times $950) and the SAC fee would be $13,202.00 (calculated as 2.87 SAC units times $4,600), assuming that the SAC and WAC rates at the time of the expansion are the same as on the date of this Agreement. 7. This Agreement shall run with the Property and shall be binding upon the successors, assigns and heirs of the parties. Dated: October , 2011 SHOPPES AT PRAIRIE RUN PROPERTY GROUP, LLC Its: STATE OF MINNESOTA ) COUNTY OF ) Subscribed and sworn before me this day of October, 2011 by as of Shoppes at Prairie Run Property Group, LLC, a Minnesota Limited Liability Company. Notary Public 3 45 City of Albertville County of Wright Shoppes at Prairie Run Utility Connection Charge Agreement Page 4 of 4 CITY OF ALBERTVILLE Mark Meehan, Mayor STATE OF MINNESOTA ) COUNTY OF WRIGHT ) Subscribed and sworn before me this Mayor of the City of Albertville. STATE OF MINNESOTA ) COUNTY OF WRIGHT ) Subscribed and sworn before me this Clerk of the City of Albertville. This document drafted by: Mike Couri Couri & Ruppe, P.L.L.P. P.O. Box 369 St. Michael, MN 55376 763-497-1930 Bridget Miller, Clerk day of October, 2011 by Mark Meehan, Notary Public day of October, 2011 by Bridget Miller, Notary Public M M. Ib£r will£ Mayor and Council Communication a u a.w. et �acw ur.. J October 12, 2011 SUBJECT: ADMINISTRATION - HAIL DAMAGE BUILDING RE -ROOF BID APPROVAL OLD CITY HALL AND CENTRAL PARK SHELTER RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO award the bid to Braun Construction to reshingle the Old City Hall for $5,395 and the Central Park Shelter for $13,935 with Green Timberline type shingle. BACKROUND: Staff solicited bids from local contractors to reshingle the Old City Hall and Central Park Shelter following this summer's hail storm. Bids which are on file ranged from $5,394 to $10,100 to reshingle the Old City Hall and $13,935 to $17,750 to re -shingle the Park Shelter. Building Official Jon Sutherland and Public Works Supervisor Tim Guimont cooperatively worked with the League of Minnesota Cities Insurance Adjustor to process this hail damage claim. FINANCIAL CONSIDERATIONS: The League of Minnesota Cities Insurance will cover the entire claim less the $1,000 deductable. LEGAL: Bids/Quotes have been received and the City Council has the authority to award a contract to Braun. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Public Works -Parks Maintenance Dept./Tim Guimont, Public Works and Parks Maintenance Dept. Supervisor and Jon Sutherland, Building Official/Zoning Administrator Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2011\10 17 2011 Shingle Bid Award Old City Hall and Central Park Shelter. doc Agenda Item No. 1 . K. t. . Meeting Date October 17, 2011 W• 1bc tvi 11£ Mayor and Council Communication 'ft ft 0W UF_ October 12, 2011 SUBJECT: ADMINISTRATION - PRAIRIE RUN ASSOCIATION BOARD MEMBER APPOINTMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO appoint to represent the City of Albertville, owner of 10 lots in the Prairie Run Association empowering this person to vote on behalf of the City on all Association matters and to report from time to time on the status of the Association. MOTION TO authorize the City to pay approximately $525.00 of City Attorney time to assist the Homeowners Association to amend it by-laws and facilitate the Association in its reorganization. Further to offer to contract to snow plow the 125' of road for $150 per year. BACKROUND: The City is now the owner of ten of the thirteen lots in the Prairie Run Association. The City is playing an instrumental role in reorganizing the Association Board of Directors and assisting the Homeowners Association in organizing its business. In the near future, the lot owners will need to elect officers to the Board who will manage the Homeowners Association affairs. The City needs to appoint someone to represent them. The Planning Commission will be recommending some modifications to the Prairie Run PUD to improve the developability of the lots insuring they are both marketable and above flooding. Each of the thirteen lots has a vote and the City has the ability to control the Association. However, staff believes it is the City's goal to empower the homeowners to be actively involved in managing their affairs and minimize the City's involvement. Long term, it is the City's goal to exit our involvement in the Association. Currently, the Association provides irrigation, snow removal of the streets and driveway and lawn maintenance as its main services. Some of the first business that needs to be conducted after electing officers is to determine the level of these services and set Association dues adequate to cover those costs. The City is not obligated to pay Association dues for undeveloped lots and plans to not pay any dues but will maintain all of its own lots. It is advised that the City invest some upfront money to get the Association organized and operating. Further, it will be necessary for City staff to be involved at least in the early stages. Staff would recommend the City offer to contract to snow plow the first 125' of street for a flat fee of $150 annually, if the Board so chooses to use the City services as our plows are going to be right there. M:\PublicData\Requests for Council Actions (RCA)\2011\10 17 2011 Legal Prairie Run Appointment of Association member RCA.doc Agenda Item No. t . K.2. Meeting Date October 17, 2011 Mayor and Council Communication — October 12, 2011 Administration — Prairie Run Homeowners Association Page 2 of 2 The Council can appoint any member of the City Council to represent the City on the Homeowners Association. City Administrator Kruse is willing to serve in this capacity if the Council so chooses. FINANCIAL CONSIDERATIONS: If City Attorney fees are approved, those amounts will be accrued and included in the lot price for our ten lots. Our goal will be to recoup all of our assessments, interest and expenses when we sell those lots along with the other lots that we anticipate to go tax forfeit next year. LEGAL: The City Council has the authority to appoint someone to represent the City's interest on the Homeowners Association and vote on behalf of the City. Submitted by: Larry R. Kruse, City Administrator Department/Responsible Person: Administration/Larry Kruse, City Administrator Attachments: none M:\PublicData\Requests for Council Actions (RCA)\2011\10 172011 Legal Prairie Run Appointment of Association member RCA.do+cc �g Agenda Item No. t .fir. Meeting Date October 17, 2011 City of Albertville Council Agenda October 17, 2011 D. Utilities Department (WWTP) E. Building Department Page 2 of 4 F. Finance Department 1). Authorize the Monday, October 1.7, 2011 payment of the claims that includes electronic payments 214EFT — 216 EFT and check numbers 30295 to 30357 as presented (pgs. 1-8) G. City Clerk 1). Approve the Monday, October 3, 2011 regular City Council minutes (pgs. 9-24) H. Planning and Zoning I. Engineering 1). Approve a MEMORANDUM OF UNDERSTANDING FOR THE INSTALLATION AND MAINTENANCE OF A FLASHING YELLOW ARROW SIGNAL FOR THE TRAFFIC SIGNAL ON CSAH 19 AT CSAH 37 IN THE CITY OF ALBERTVILLE and directing staff to coordinate the improvement with the Wright County Highway Department (pgs. 25-28) J. Legal 1). Approve the Karston Cove 3`d Addition -Conditional Second Amendment to the Conditional Use Permit/Planned Unit Development (CUP/PUD) Development Agreement (pgs. 29-38) 2). Approve the UTILITY CONNECTION CHARGE AGREEMENT for Patti Fs Restaurant/Lot 2, Block 1, Shoppes of Prairie Run Two (pgs. 39-46) K. Administration 1). Award the bid to Braun Construction to re -shingle the Old City Hall for $5,395 and the Central Park Shelter for $13,935 with Green Timberline type shingle (pg. 47) 2). Prairie Run Homeowner's Association (pgs. 49-50): a. Appoint to represent the City of Albertville, owner of 10 lots in the Prairie Run Association empowering this person to vote on behalf of the City on all Association matters and to report from time to time on the status of the Association b. Authorize the City to pay approximately $525.00 of City Attorney time to assist the Homeowners Association to amend it by-laws and facilitate the Association in its reorganization. Further to offer to contract to snow plow the 125' of road for $150 per year M:\Public Data\City Council\Council Packet information\2011\10 17 2011\10 17 2011 Agenda.doc Meeting Date: October 17, 2011