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2011-11-07 CC Packetjoo� bertville sumsT whij.fttyUfAL City of Albertville Council Agenda November 7, 2011 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In any case, citizens are asked to complete a `Request to Speak Card'. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the Monday, October 17, 2011 regular City Council meeting (pgs. 1-16) B. Approve Resolution No. 2011-031 entitled a Resolution Transferring the Albertville Lions Pull -tab to the STMA Youth Hockey Association (pgs. 17-18) C. Authorize the Monday, November 7, 2011..payment of the claims that includes electronic payments 258EFT — 264 EFT and check numbers 30361 to 30419 (pgs. 19- 28) D. Acknowledge/accept Finance Director's Accounts Receivable Report and Finance Director's 2011 3rd Quarter to date Report (pgs.29-33) E. Award the Low Quote/Bid to Braun Construction to Re -side the formerly known City Hall located at 5975 Main Avenue NE (pg. 35) City of Albertville Council Agenda November 7, 2011 Page 2 of 4 F. Acknowledge/accept the Utilities Department Superintendent's Written Report (pg. 37) G. Approve Resolution No. 2011-033 entitled a Resolution Approving Agency Agreement No. 99998 entitled "State of Minnesota Agency Agreement Between the Department of Transportation (MnDOT) and the City of Albertville for Federal Participation in Construction", and approval of the State of Minnesota Agency Agreement Between the Department of Transportation (MnDOT) and the City of Albertville for Federal Participation in Construction (pgs. 39-40) H. Authorizing the City Engineer to survey Ditch No. 9 between CSAH 18 and Kagan Avenue NE in the Albert Villas neighbor at a cost not -to -exceed $6,500 (pgs. 41-42)) I. Acknowledge/accept City Attorney's Written Report (pgs. 43-44) J. Acknowledge the October 2011 STMA Arena Board minutes (pgs. 45-46) K. Acknowledge the September 2011 Joint Powers Water Board minutes (pgs. 47-48) L. Acknowledge extract of October 2011 Planning & Zoning Commission minutes (pgs. 49-52) M. Acknowledge/accept City Engineer's Project Status Report (pg. 53) 7. DEPARTMENT BUSINESS A. City Council B. Fire Department C. Public Works Department D. Utilities Department (WWTP) E. Building Department F. Finance Department 1). Approve Resolution No, 201.1-032 entitled a Resolution Certifying Outstanding Utility Bills, Invoices, and other Charges for Services (pgs. 55-64) G. City Clerk H. Planning and Zoning M:\Public Data\City Council\Council Packet information\201 1\1 107 201 1\1 107 2011 Agenda.doc Meeting Date: November 7, 2011 City of Albertville Council Agenda November 7, 2011 Page 3 of 4 I. Engineering 1). Approve the REIMBURSEMENT AGREEMENT by and between AT&T Corp., on behalf of itself and its affiliated companies and the City of Albertville; and authorizing staff to execute said agreement (pgs. 65-74) J. Legal 1). Approve the Karston Cove 3rd Addition - Conditional Second Amendment to the Conditional Use Permit/Planned Unit Development (CUP/PUD) Development Agreement — continued (pgs. 75-90) 2). Approve Ordinance No. 2011-010 entitled an Ordinance Establishing a Permit for use of Stormwater Detention Pond Water for Irrigation Purposes (pgs. 91-94) K. Administration 8. ANNOUNCEMENTS and or UPCOMING MEETINGS November 2011 8 7:00 p.m. Planning and Zoning Commission meeting -cancelled 10 all day Veteran's Day observed — City offices chased 11 all day- N'eteran's Dav observed — PW-C'D closed 14 6:00 p.m. STMA Ice Arena Board meeting 21 7:00 p.m. City Council meeting 4 all day Thanksgiving Day observed — City offices closed 25 all day Friday after Thanksgiving — PW-I.'D closed 28 6:00 p.m. Joint Powers Water Board meeting M:\Public Data\City Council\Council Packet information\201 1\1 107 201 1\1 107 2011 Agenda.doc Meeting Date: November 7, 2011 City of Albertville Council Agenda November 7, 2011 Page 4 of 4 December 2011 5 7:00 p.m. City Council meeting 12 6:00 p.m. STMA Ice 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 Su M I Tu WITh FISa 1 2 3 4 6 7 8 9 10 M T'vy- X "13 14 15 16 17 18 20 21 22 23 24 25 27 128 1 29 130 1 31 JANUARY 2012 * -- * * * * * * * * * * * * * * " * * * * * �` * * ****4--** * * 2 all day Ne'sv Year's Day observed — City, offices closed 3 7:00 p.m. City Council meeting 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting 16 all day Martin Luther King, Jr. Day observed — City offices closed 17 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting Z"O Su M T u WIThl F Sa 1 A4 5 6 7 AR, gl, 7- -,V 8 1 12 13 14 15 181 19 20, 21 22 24 251 26 27 28 29 30 31 9. ADJOURNMENT MAPublic Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 107 2011 Agenda.doc Meeting Date: November 7, 2011 1\1bertvi11E Mayor and Council Communication S-N Town Wing. Big City Ub. October 24, 2011 SUBJECT: CONSENT CITY CLERK - CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO approve the Monday, October 17, 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 17, 2011 regular minutes M:\Public Data\Requests for Council Actions (RCA)\201 1\1 107 2011 City Clerk minutes RCA.doc Agenda Item No. V. A . Meeting Date November 7, 2011 A.,lbertville small l auan king. Big city life. ALBERTVILLE CITY COUNCIL October 17, 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: Acting Mayor John Vetsch, Council members Larry Sorensen, Jillian Schommer, and Dan Wagner STAFF MEMBERS PRESENT: City Attorney Mike Couri, City Administrator Larry Kruse, City Clerk Bridget Miller, and City Engineer Adam Nafstad ABSENT: Mayor Mark Meehan and City Planner Al Brixius RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS No comments CITIZEN FORUM No comments AMENDMENTS TO THE AGENDA Acting Mayor Vetsch looked to the Council and staff for amendments to the agenda. There were no amendments, so Vetsch asked for a motion to approve the October 17, 2011 agenda as presented. CMs Wagner/Schommer motioned to approve Monday, October 17, 2011 agenda as prepared and presented. Motion carried unanimously. WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 3 City of Albertville City Council Minutes October 17, 2011 Page 2 of 14 CONSENT AGENDA No comments DEPARTMENT BUSINESS CITY COUNCIL Oral update on the STAM Hockey Board meeting Council member Wagner began reporting on the fund-raiser event known as `A Knight to Remember'. The committee was nervous going into the planning with hopes that it would be successful. As it turned out, they had a great `boat -load' of people that attended the event. If they do this again, they talked about holding it in the spring and advertising more. Council member Sorensen updated the Council on the STMA Ice Arena sound system that has been discussed. Staff received three (3) quotes to upgrade the system within the STMA Ice Arena. The two (2) main speakers are not working leaving the other two (2) smaller speakers producing the sound, which is not sufficient for the size of the arena. The sound system is approximately 10+ years old and is becoming worse and worse. The main users of the sound system are the STMA Varsity Hockey team along with other STMA Youth Hockey teams. Sorensen shared that the new system will allow arena users to input music without accessing the equipment. The sound system that is being looked at will have the capability to be added to at a later date. There is a three (3) year plus warranty with an optional three (3) year extension. The cost is estimated at $2,500 plus sales tax, which includes installation. The STMA School Board has approved using the fund from the original bond to purchase the new sound system from Northern Light Sound Light and Video Productions in conjunction with Sunset Production. Council member Schommer wanted to know if any of the current equipment could be sold or used as a trade-in. Both Wagner and Sorensen responded by letting Schommer know that it is very doubtful if the sound system is worth anything. Oral update on the Planning and Zoning Commission meeting Council member Wagner informed the Council there was one (1) item on the agenda, which was the rezoning of the City -owned Prairie Run residential lots. The Commission was concerned with the elevations for the homes that will be addressed. Some of the building pads will need to be changed to slab on grade. WPublic Data\City Council\Council Minutes\201 l Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 9 City of Albertville City Council Minutes October 17, 2011 Page 3 of 14 The Commission approved with recommendations and the Council should be seeing the Prairie Run residential lots rezoning at the next meeting. FIRE DEPARTMENT No comments PUBLIC WORKS -PARKS DEPARTMENT No comments UTILITIES DEPARTMENT (WWTP) No comments BUILDING DEPARTMENT No comments FINANCE DEPARTMENT Authorize the Monday, October 17, 2011 payment of the claims that includes electronic payments 214 EFT — 216 EFT and check numbers 30295 to 30337 as presented CMs Sorensen/Schommer motioned to authorize the Monday, October 17, 2011 payment of the claims that includes electronic payments 214 EFT — 216 EFT and check numbers 30295 to 30357 in the total amount of $228,978.21 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, October 3, 2011 regular City Council minutes Acting Mayor Vetsch asked for changes or amendments to the October 3, 2011 regular minutes. The following amendments were noted: WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 5 City of Albertville City Council Minutes October 17, 2011 Page 4 of 14 Last page under CLOSED SESSION — motion should read as follows `without the Truck Driver's Signature' : CMs Schommer/Sorensen motioned to direct staff to proceed or go forward with the Tanker Accident Litigation Settlement as prepared by the City Attorney without the Daniel May (Truck Driver's) signature. Motion carried unanimously. Under City Administrator's Contract the motion was amended as such with the removal of `unanimously': 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. Last correction was on the last page — Adjournment, which the date was changed to reflect the date of the meeting (September 19): CMs Wagner/Schommer motioned to adjourn the Monday, October 3, 2011 regular City Council meeting at 9:12 p.m. Motion carried unanimously. CMs Schommer/Wagner motioned to approve the Monday, October 3, 2011 regular City Council minutes as amended changing three (3) motions within the minutes. Motion carried unanimously. PLANNING AND ZONING No comments ENGINEERING Approve a MEMORANDUM OF UNDERSTANDING FOR THE INSTALLATIONAND MAINTENANCE OFA FLASHING YELLOWARROW SIGNAL FOR THE TRAFFIC SIGNAL ON CSAH 19 AT CSAH 37IN THE CITY oFALBERTVILLE and directing staff to coordinate the improvement with the Wright County Highway Department City Engineer Nafstad began by reporting that the Council directed staff to research the number of accidents that have occurred along the CSAH 19 corridor. Staff contacted the Wright County Sheriff's Department and focused on obtaining the statistics for the CSAH 19/37 intersection, which they found out there have been a total of 49 accidents since 2006 to August 2011. Nafstad stated that a majority of these accidents were motorists taking left turns whether it was someone turning off of CSAH 19 onto CSAH 37 or the opposite. WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc City of Albertville City Council Minutes October 17, 2011 Page 5of14 Nafstad continued with the comment that there are some individuals that feel changing the signal to a protective -only operation where a Red Arrow prevents left turns when the signal switches to the solid Green light. This operation produces motorist frustration by having to wait for a green arrow that would allow them to make the left turn. This type of change would cause problems and issues with the queues and overall operation of the system. The Council has been supportive in looking into being proactive and figuring out how to reduce the number of accidents along CSAH 19 in Albertville. Nafstad commented that at the September 17, 2011 meeting, staff explained a new Minnesota State style of `left turn' traffic signal. There is four (4) arrows on the tower. The top one is a Red Arrow, next is a solid Yellow Arrow, below that is a Flashing Yellow Arrow, leaving the bottom signal to be a Green Arrow. The majority of the arrows are common and motorists are familiar with what they stand for. The Flashing Yellow Arrow would be something new for the motorists to discover how it works. Nafstad shared that there is additional signage available explaining how the signals work that can be installed similar to what is currently there explaining the Yield on a Green Light. The flashing would allow the motorist the ability to go; however, they would need to yield to motorists traveling straight through the intersection. Nafstad stated the cost to implement the change of the signalized turn light is $32,000, which Wright County has prepared a Memorandum of Understanding to Install the four (4) Arrow Light System. With the Memorandum of Understanding, the Wright County Highway Department agrees to share the expense with the City. Council member Schommer asked if there were sufficient funds in the Electric Franchise fees to pay the City's portion for the installation of the new style of left turn lights. City Engineer Nafstad reported there are no funds available in the Electric Franchise fees as this is the first year of implementation. Acting Mayor Vetsch encouraged staff to go back to Wright County to ask them to share in more of the expense because it is two (2) county roads that are being considered to switch out the left turn traffic lights. City Administrator Kruse informed the Council that has been discussed at the Wright County level a number of times. One example is the City of Hanover debated looking for the County to pay more for traffic lights because the improvement was with county roads versus city streets. The outcome of this one and others over the last couple of years is that it is Wright County's Policy and Practice to share these expenses 50/50 with each municipality. City Engineer Nafstad reminded the Council that this is a City initiated change in the left turn traffic light, meaning it would be appropriate for Albertville to pay %Z of the expense to install the new style of lights. WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 7 City of Albertville City Council Minutes October 17, 2011 Page 6 of 14 Council member Schommer directed City Administrator Kruse to contact (either by phone or via e-mail) the County and that we acknowledge there are other municipalities within Wright County that have protested the shared cost of projects. Ask Wright County to add Albertville to the list of communities within Wright County that would like to see the County paying more of these expenses when it involves two (2) County roads. CMs Sorensen/Schommer motioned to 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 as presented with the City's costs coming from the 665 Capital Projects — Other Transportation Fund. Motion carried unanimously. LEGAL Approve the Karston Cove 3rd Addition - Conditional Second Amendment to the Conditional Use Permit/Planned Unit Development (CUP/PUD) Development Agreement City Attorney Couri began the discussion by explaining 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 per the Karston Cove 3r Addition site and building plan. Within the language of the Developer's Agreement, the municipal improvements were to be installed by October 31, 2005. These municipal improvements were met to service the fourteen (14) lots to the north of 64th Street NE of the plat; however, the southern 29 lots have not been serviced with municipal improvements. Included in the municipal improvements were other items such as landscaping, bituminous drives, sidewalk, etc. The City held the Letter of Credit that was posted by the original developer to secure these municipal improvements. In 2006-2007, the original developer known as Woodside Karston Cove, LLC. filed for bankruptcy, which the bank declined the renewal of the Letter of Credit. City staff drew on the Letter of Credit for the entire amount of the $460,000 in cash, less any costs associated with drawing on the Letter of Credit, in the event the Karston Cove 3rd Addition would be developed where the funds would be used to complete the required improvements. Woodside Karston Cove, LLC. transferred the property and the rights to the money the City is holding in escrow to Centra North, LLC. Staff has met with members of Centra North, LLC. who believe that the second phase or the 29 lots to the south cannot meet the City's requirements per the Site and Building Plan that is included in the Development Agreement recorded at the Wright County Recorder's Office. Per staff s comments, Centra North, LLC. has been recommended to revise the current Site and Building Plan to change the building pads of those structures that do not meet the City's requirements for high water level elevations. Centra North. LLC. does not feel this is financially viable in today's real estate market. The second M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc City of Albertville City Council Minutes October 17, 2011 Page 7of14 recommendation made by staff would be for Centra North, LLC. to submit a Development Application rezoning or replat the southern portion where 29 lots would be changed to an outlot. Centra North, LLC. is considering the second recommendation, which is to replat the second phase of the 29 lots into an outlot. Staff reminded the developer that the City would still require to withhold funds necessary to complete municipal improvements. Couri noted that Centra North, LLC. has asked staff to put the consideration on the agenda prior to submitting the application to replat the 29 lots into an outlot for the purpose of assurance that if the developer moves forward with the application the City will release the Letter of Credit funds to Centra North, LLC. City Attorney Couri reiterated the key issues that were noted in the RCA presented to the City Council, which are listed below: 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 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 that are proposed to be replatted are currently in the Homeowners' Association, which governs all lots in the 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 Homeowners' 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 that 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 the list and indicate which items the Council wants to require be completed if the replat were granted. As an alternative, the Council can wait and decide these items after the public hearing is held on the replat into an outlot. • 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, LLC. completes the items on the City Engineer's memo that the Council requires. Couri reiterated that Centra North, LLC. representative is here, as well as a couple of the Homeowners' Association members with their spokesperson on behalf of the association. M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 9 City of Albertville City Council Minutes October 17, 2011 Page 8 of 14 City Engineer Nafstad reviewed the list of items the City Council would need to address as a necessary requirement to the development. There were seven (7) items Nafstad addressed in his member dated October 11, 2011. These were and not limited to: 1. Record Drawings — Nafstad would like to have `as built' drawings submitted to the City that would depict the public infrastructure in place; 2. Sidewalk along 64th Street NE — installation of the sidewalk along 64th Street NE is controversial to be completed. The sidewalk would be constructed across the two (2) proposed private driveways and would need to be removed or repaired when the southern portion is developed; 3. Construction of Wetland Outlet — Nafstad is requiring a wetland be constructed in the southeast corner of the southern portion of the development to control the design water levels of the wetland. The area needs to be designed or marked to set the boundaries prior to any future proposal of development if the property is replatted into an outlot; 4. Miscellaneous Grading — Nafstad shared the property is maintained; however, it could be graded to allow for continued maintenance as there are ruts or grooves making it difficult to mow; 5. Removal of Silt Fence — according to the City Code, silt fences are to be removed upon completion of a development. This case is unique if the property to the south is replatted to an outlot. There is still some silt fence on the site that would need to be removed; 6. Wetland Buffer Demarcation Signs — Nafstad reminded the developer and Council that wetland buffer demarcation signs need to be placed according to Appendix A -Zoning Ordinance, Chapter 5000 of the Albertville City Code; 7. Street Lighting — Nafstad reported there were two (2) of the three (3) required street lights installed. The installation of the third street light appears to be located near the west entrance of the private driveway that would be constructed with the future development of the property. Nafstad gave additional comments on the sidewalk with the unknown as to how the property would be developed if Centra North, LLC. obtains City approval to replat the property to an outlot. Should the sidewalk be completed now there is the risk that when the property is developed it will most likely be damaged during the construction of the buildings with the trucks hauling heavy equipment across the sidewalks? Acting Mayor Vetsch opened up the discussion to the Homeowners' Association representative. Randy Christenson with HCT Management was speaking on behalf of the Homeowners' Association members. Mr. Christenson pointed out that Tom Dwinnell was present who serves as a member on the Homeowners' Association Board of Directors. Christenson shared that the Homeowners' Association has been completing the necessary maintenance of the northern property to the best of their abilities. The Homeowners' Association has been counting on the completion of the 29 lots to the south to help with the costs associated with the maintenance of the landscaping, sprinkling, snow removal, etc. Changing the southern property into an outlot puts a financial burden on the current members of the Homeowners' Association. As Christenson continued, he brought up the status of the vacant property by stating the homeowners to the north were hopeful the southern property would have been developed. The incomplete landscaping makes the land not pleasing to the eye, which the homeowners living in the development have to deal with. The land does not appear to be properly graded as you can M:\PublicData\CityCouncil\CouncilMinutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc R► City of Albertville City Council Minutes October 17, 2011 Page 9 of 14 see the grooves or ruts. True the property may be maintained but having the landscaping would be more appealing to look at instead of the weeds. Christenson responded to City Attorney Couri's comment about not having received a letter. Christenson confirmed that the Homeowners' Association has prepared a letter, which the Association's Attorney is reviewing. The letter will be forth coming as soon as the Attorney has reviewed the letter and the Association incorporates any comments s/he may have into the letter. Acting Mayor Vetsch invited Centra North, LLC. to the podium to share comments they have regarding the request and findings staff has shared. Dale Willis, Centra North, LLC. representative began with the current Site and Building Plan that is included in the Developer's Agreement. Willis agreed with the fact that the current site plan did when platted meet the City requirements; however, since then the City has reviewed and amended the City Code in relation to high water elevations. There are a couple of areas that the buildings will be below the lowest allowable high water elevation. The development was progressing at an average rate until the real estate market began to slowdown. Willis gave the impression this is a valuable piece of land that has been left vacant because the economy has been experiencing tough times. Willis did not understand the concept of maintaining the wetlands. His understanding was once the wetlands are designated and or established they should be left. Staff was sharing that wetland buffer demarcation signs need to be placed to identify where the boundaries are so when it is developed the wetlands are maintained in the manner set by the City/County/and State DNR. Willis confirmed as City Engineer noted, Centra North, LLC. has been mowing the vacant land, which has been graded a couple of times. Council member Schommer acknowledged that she was not going to make a motion without the full Council's comments. Since Mayor Meehan is absent, the motion whether to approve or to make some recommendation will, in her opinion, need to wait until the next City Council meeting so that Mayor Meehan can share his comments on the proposed request. The remainder of the Council was in agreement to honor the request to hold off until the next City Council meeting to make a motion on the Karston Cove 3`d Addition. Willis became frustrated with the Council's decision to hold off. Willis reiterated that this is a valuable piece of property and didn't fully understand why the Council couldn't make a decision. Willis expressed that he came before the Council earlier this year to get guidelines and Willis felt he was following the Council's direction to meet with staff. Willis wanted some indication that if he proceeded with the application to replat the property into an outlot the City would be supportive. Willis was upset because he was not getting any indication or confirmation that if he pursued replatting the City may deny the application. Willis has put a fair amount of money into the land already and was not confident the City would allow him to change the property back to an outlot. WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 11 City of Albertville City Council Minutes October 17, 2011 Page 10 of 14 Council member Wagner stated that he would be ready to move forward with the amendment to changing the property to an outlot with the majority of the City Engineer's recommendations; however, Wagner wanted to see the sidewalk installed. There are other residents in the area that would utilize the sidewalk besides the Karston Cove homeowners. Council member Sorensen wants to hold off until the full Council is present, and allowing him an opportunity to view the Homeowners' Association letter to the City Attorney. Acting Mayor Vetsch asked for a motion on the Karston Cove 3`d Addition, which follows: CMs Schommer/Sorensen motioned to table the Karston Cove 3`d Addition - Conditional Second Amendment to the Conditional Use Permit/Planned Unit Development (CUP/PUD) Development Agreement until the first meeting in November or soon thereafter. Motion carried unanimously. Approve the UTILITY CONNECTION CHARGEAGREEMENT for Patti Ys Restaurant/Lot 2, Block], Shoppes of Prairie Run Two City Attorney Couri reported that staff met with Tom Clouttier and Sirios Svolopoulos regarding the utility connection charge for sewer and water fees. Couri reviewed the history of the tenant space, which was the initial or original space, which was slated to be a fast food type of restaurant. The SAC and WAC were calculated at 1.14 units for each. It was approximately six (6) months after the building was constructed that the tenant bay changed hands where the next business expanded the seating calculation. The business type changed to a sit-down style restaurant meaning the 1.14 units for SAC and WAC should have been re -calculated to meet the expanded water/sewer usage within the facility. The tenant bay has since changed business owners a couple times to the current restaurant known as Patti J's Restaurant with a sit-down style of seating arrangement. The business owner has inquired about expanding the floor layout to overflow into the next tenant bay that was previously known as BB Wireless. The property owner allowed Mr. Svolopoulos to submit a building permit to construct a doorway that would allow passage between the two (2) spaces. Having knowledge that Patti J's Restaurant was taking over the former known BB Wireless space the SAC and WAC fees needed to be re -calculated because the usage of the tenant bay was changed and would include additional seating. Staff reviewed the calculations that would be applied to the two (2) tenant bays within Lot 2, Block 1 of the Shoppes at Prairie Run Two Addition. The unpaid past SAC and WAC fees presented to Mr. Clouttier and Mr. Svolopoulos 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 WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 12 City of Albertville City Council Minutes October 17, 2011 Page 11 of 14 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 Couri shared that Mr. Clouttier, representing "Shoppes", does not believe it is fair that he has to pay the past SAC and WAC fees 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 fees and the City's initial position that "Shoppes" should pay all of the past charges. Couri noted that collection of the past SAC and WAC fees are likely to be difficult without an agreement. The Council does not have to approve or enter into the Agreement; however, staff feels the Agreement to be a reasonable compromise on both sides. CMs Sorensen/Wagner motioned to approve the UTILITY CONNECTION CHARGE AGREEMENT for Patti J's Restaurant/Lot 2, Block 1, Shoppes of Prairie Run Two as presented. Motion carried unanimously. ADMINISTRATION 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 City Administrator Kruse reported that staff solicited quotes from local vendors to re -shingle the former Public Works/Building Dept. facility located at 5964 Main Avenue NE and Central -City Park Shelter located on Lander Avenue NE and 58th Street NE. The hail storms this past summer caused damage, which the Building Official and Public Works Supervisor worked with the League of Minnesota Cities Insurance Adjustor to process a claim. The low quote -bid was from Braun Construction in a total amount of $19,330; 5964 Main Avenue NE in the amount not to exceed $5,395 and Central -City Park Shelter amount not to exceed $13,935. The League of Minnesota Cities Insurance will cover the entire claim less the $1,000 deductable. CMs Wagner/Schommer motioned to award the low quote -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 using funds from Capital Reserve 400. Motion carried unanimously. M:APublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 13 City of Albertville City Council Minutes October 17, 2011 Page 12 of 14 Prairie Run Homeowner's Association: • Appoint to represent the City of Albertville, owner of ten (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; and, • 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 snowplow the 125 feet of road for $150 per year City Administrator Kruse stated that as part of the agreement the City became owners of ten (10) of the thirteen (13) lots in the Prairie Run Development. Staff is working with the residents in re -organizing the Homeowners' Association along with appointing the Homeowners' Association Board of Directors. The Association will need to elect or appoint members to the Board of Directors that will manage the Prairie Run Development Homeowners' Association affairs. Staff is looking for a Council member or me, City Administrator Kruse, to represent the City of Albertville to serve on the Prairie Run Development Homeowners' Association. Kruse continued by adding the consideration of recommending the City offer to contract to snow plow the first 125 feet of the street for a flat fee of $150 annually, contingent upon the Associations Board of Directors approval to accept the City services to plow the portion of the private driveway. Council member Schommer volunteered to be appointed as the representative on the Prairie Run Development Homeowners' Association on behalf of the City of Albertville's. Acting Mayor Vetsch was not in favor of the City plowing only the first 125 feet of the private driveway. Vetsch thought if the City is going to offer to plow the private driveway to go the length. Vetsch didn't want any potential issues with the plowing of the snow. City Administrator Kruse acknowledged Acting Mayor Vetsch's concern with the snow plowing. Kruse asked the Council to make a motion appointing Council member Schommer to represent the City on the Prairie Run Development Homeowners' Association and to authorize the City to pay approximately $525.00 for City Attorney time to assist the Prairie Run Development Homeowners' Association to amend the By -Laws and facilitate the re -organization of the Homeowners' Association that would include offering the Association the option to consider to contract with the City to snow plow the private driveway at a cost of $150 per year. CMs Wagner/Schommer motioned to appoint Council member Schommer 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 carried unanimously. WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 14 City of Albertville City Council Minutes October 17, 2011 Page 13 of 14 CMs Sorensen/Wagner motioned 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. Consider further to offer to contract to snow plow the 125 feet of road for $150 per year. Motion carried unanimously. ANNOUNCEMENTS and or UPCOMING MEETINGS It was the consensus of the City Council to cancel the Monday, October 31, 2011 joint meeting because a majority of members will be taking their children out trick -or -treating. It was shared that School Board members would be doing a similar task as well as the St. Michael City Council. October 2011 24 6:00 p.m. Joint Powers Water Board meeting 24 8:00 p.m. Parks and Recreation Committee meeting 34 --_ _ &nn m joint Albertville St. M.ehael r ei and CTIi i A ` 1. 1 Roard +.. ! A 81,e..+.ra11.,Y�nll,P October-11 Su M Tu I W Th F Sa 1 2 cc 4 5 6 7 8 9 1Ce10 PZ11 12 13 14 15 16 cc17 18 19 20 21 22 23 JP24 25 26 27 28 29 30 31 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 Iee Arena Board meeting City Council meeting Thanksgiving Day observed — City offices closed Friday after Thanksgiving — PW-UD closed Joint Powers Water Board meeting Parks and Recreation Committee meeting M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 10-17-2011 DRAFT bm.doc 15 City of Albertville City Council Minutes October 17, 2011 Page 14 of 14 November-11 Su M Tu W Th F Sa 1 2 3 4 5 6 cc 7 PZ 8 9 H10 11 12 13 Ice 14 15,16 17 18 19 20 cc21 22 1 23 "24 25 26 27 JP28 29 30 December 201 .1 5 7:00 p.m. 12 6:00 p.m. 13 7:00 p.m. 19 7:00 p.m. 26 all day 27 6:00 p.m. 27 8:00 P.M. City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Christmas Day observed — City offices closed Joint Powers Water Board meeting Parks and Recreation Committee meeting (??) I11-m��LJIM©MI MMMOM©©� 4 cc 6 7 8 9 10 11 Ice 12 PZ13 14 15 16 17 18 "19 20 21 22 23 24 H26 25 27 28 29 30 31 CMs Wagner/Sorensen motioned to adjourn the Monday, October 17, 2011 regular City Council meeting at 9:25 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFTbm\M 10-17-2011 DRAFT bm.doc 16 A�IbertvilleMayor and Council Communication if October 31, 2011 SUBJECT: CONSENT CITY CLERK — STMA YOUTH HOCKEY ASSOCIATION TRANSFER OF A GAMBLING PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: Motion to approve Resolution No. 2011-031 entitled a Resolution Approving the Transfer of the Albertville Lions Gambling Permit for the Neighbor's Eatery and Saloon located at 5772 Main Avenue NE to the STMA Youth Hockey Association. BACKGROUND: The Albertville Lions have been selling pull -tabs, Tipboards, paddlewheels, and raffles within various establishments throughout Albertville for years. The Lions are coordinating with the STMA Youth Hockey Association to transfer the gambling license. Both the Albertville Lions and the STMA Youth Hockey Association are asking the Council to review and approval the transfer of the license and to allow such gambling within the Albertville city limits. KEY ISSUES: Albertville Lions Club have submitted an application for a Two -Year Gambling Permit to sell Pull -tab's, Tipboards, Paddlewheels, and Raffles at the Full Moon Saloon located at 5772 Main Avenue NE within the Albertville city limits. It is the City's policy to review and approve gambling permit application for the selling of Pull -tab's, Tip cards, Paddlewheels, and Raffles at establishments within the Albertville city limits. POLICY CONSIDERATIONS: The Mayor and City Council review applications for Gambling Permits and Liquor Licenses within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit; however there is financial revenue collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all gambling permit and liquor license applications received by the City of Albertville. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Administration/City Clerk, Bridget Miller Originated by: Bridget Miller, City Clerk Attachments: none M:\PublieData\Requests for Council Actions (RCA)\2011\11 07 2011 Consent Clerk (Lions Gambling transfer Neighbors) RCA doe Agenda Item No. 6.Bs Meeting Date November 7, 2011 7 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2011-31 A RESOLUTION APPROVING THE TRANSFER OF THE ALBERTVILLE LIONS GAMBLING PERMIT FOR THE NEIGHBOR'S EATERY AND SALOON LOCATED AT 5772 MAIN AVENUE NE TO THE STMA YOUTH HOCKEY ASSOCIATION WHEREAS, the Albertville Lions have made application with the Minnesota Charitable Gambling Control Board for a gambling license at the Neighbors Eatery and Saloon, located at 5772 Main Avenue NE, Albertville, Minnesota; and WHEREAS, the Albertville Lions submitted said application to the Albertville City Council, and the application was reviewed by the City Council at a public meeting conducted on September 20, 2010; and, WHEREAS, the said Minnesota Charitable Gambling License is being transferred to the STMA Youth Hockey Association who have made application with the Minnesota Charitable Gambling Control Board; and, WHEREAS, the STMA Youth Hockey Association requested the City Council of the City of Albertville to review and approve the transfer of the Minnesota Charitable Gambling License at a public meeting conducted on November 7, 2011. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves the application for transfer of the gambling license for the STMA Youth Hockey Association at Neighbors Eatery and Saloon located within the Albertville city limits. Adopted by the City Council of the City of Albertville this 7th day of November 2011. Mark Meehan, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2011 Resolutions\draft\R 2011-031 (Trans Alb Lions Gambling Neighbor's Eatery- STMA Hock) draft.doc 18 �R lbertvilje Mayor and Council Communication 5-oB Town living_ Big city ufs. November 2, 2011 SUBJECT: CONSENT - FINANCE DEPARTMENT - PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO authorizing the Monday, November 7, 2011 payment of the claims that includes electronic payments 258EFT — 264 EFT and check numbers 30361 to 30419 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 ExpensesNendors (bolded) Check No. 30363 Albertville Fire Relief — This is the fire pension contribution, money received from the state this year was $39,914 for Fire Aid. Check No. 30402 Northland Trust — Two bond payments 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)\201 1\1 107 2011 Finance Bills Report (RCA).doc Agenda Item No. 6vCa Meeting Date November 7, 2011 20 A\1bertville Small 'means Living. Big City Ufa. Check Detail Register November 7, 2011 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 000258E 11/2/2011 WRIGHT CTY AUDITOR/TREASURER R 101-00000-34950 Other Revenues $1,262.41 Aug 2011 August 11 fees/fines Total WRIGHT CTY AUDITOR/TREASURER $1,262.41 Paid Chk# 000259E 11/2/2011 BOLTON & MENK, INC E 101-43100-303 Engineering Fees $7,291.00 0142168 2011 Street Improvements 7/23 - 9/2/11 E 101-41710-303 Engineering Fees $105.00 0142171 Niemeyer Trailer Sales — 7/23/11 - 9/2/11 E 101-42400-303 Engineering Fees $577.50 0142173 2011 Bldg & Zoning 7/23 - 9/2/11 E 101-41710-303 Engineering Fees $1,732.50 0142174 Border States Electric — 7/23/11 - 9/2/11 E 101-43100-303 Engineering Fees $997.50 0412172 2010 Street Improvements 7/23 - 912/11 Total BOLTON & MENK, INC $10,703.50 Paid Chk# 000260E 11/2/2011 WRIGHT-HENNEPIN COOP ELECTRIC E 101-45100-381 Electric Utilities $260.89 00001001631 Parks E 601-49450-381 Electric Utilities $95.90 00001001631 Lift Stations E 101-43160-381 Electric Utilities $571.21 00001001631 Lights Total WRIGHT-HENNEPIN COOP ELECTRIC $928.00 Paid Chk# 000261E 11/2/2011 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $137.40 573222 Chemicals Total MVTL LABORATORIES, INC $137A0 Paid Chk# 000262E 11/2/2011 MVTL LABORATORIES, INC E 60149450-218 Testing Expenses $113.40 572275 Chemicals Total MVTL LABORATORIES, INC $113.40 Paid Chk# 000263E 11/2/2011 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $240.07 01OV6559 ID Card reels, cords, lanyards, 10 x 13 Env, file pckts, highlighters, ink refills, post it notes, I Total S & T OFFICE PRODUCTS Paid Chk# 000264E 11/2/2011 N. A. C. E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees G 101-22831 Woodside- Karston Cove E 473-00000-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees Total N. A. C. $240.07 $1,011.58 19968 ESlgns, Correspondence, enforcement, ordinances, etc $165.85 19968 Temp Signs $106.65 19968 Karston Cove $988.15 19968 Prairie Run $237.00 19968 Protech $511.15 19968 temp signs application $750.00 19969 council, planning, staff mtgs $3,770.38 M:\Public Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 1 07 2011 Finance Bills Posted 201 Ldoc Agenda Item No. 6.C. Meeting Date November 7, 2011 21 Mayor and Council Communication —November 2, 2011 Finance — Payment of Claims Page 2 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030361 11/7/2011 AFLAC G 101-21710 Other Deducations $193.76 581786 Insurance Premium Total AFLAC $193.76 Paid Chk# 030362 11/7/2011 ALBERTVILLE BODY SHOP, INC. E 101-42000-404 Repair/Maint - Machinery/Equip $395.00 077175 FD Engine 11 Truck Repair/Maintenance - RT rear rollup door above decal Total ALBERTVILLE BODY SHOP, INC. $395.00 Paid Chk# 030363 11/7/2011 ALBERTVILLE FIRE RELIEF ASSOC. E 101-42000-124 Fire Pension Contributions $39,914.00 18901A286012 Albertville Fire Relief — Fire Pension Contribution Total ALBERTVILLE FIRE RELIEF ASSOC. $39,914.00 Paid Chk# 030364 11/7/2011 ALLIED WASTE E 605-43200-308 Recycling Contract Fee $6,248.18 0899001932450 Recycling 10/01/11 - 10/31/11 Total ALLIED WASTE $6,248.18 Paid Chk# 030365 11/7/2011 ALLINA HOSPITALS & CLINICS E 101-42000-312 First Responder Training $1,082.02 1110014867 FD Medical Directorship E 101-42000-230 Medical Supplies $73.04 111014878 FD 2 each King airway sets Total ALLINA HOSPITALS & CLINICS $1,155.06 Paid Chk# 030366 11/7/2011 ANCOM TECHNICAL CENTER E 101-42000-586 Capital - Pagers $24.58 25111 FD Fuse - Used in Gang Charger — Pagers, Radios Total ANCOM TECHNICAL CENTER $24.58 Paid Chk# 030367 11/7/2011 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $9.85 629-7343164 Uniforms Pks E 601-49450-417 Uniform Rentals $9.86 629-7343164 Uniforms Wtr E 101-43100-417 Uniform Rentals $9.86 629-7343164 Uniforms PW E 602-49400-417 Uniform Rentals $9.86 629-7343164 Uniforms Swr E 101-41940-405 Repair/Maint - Buildings $50.00 629-7347948 CH mats, mops, towels E 101-42000-405 Repair/Maint - Buildings $12.83 629-7347950 FD mats E 101-41940-405 Repair/Maint - Buildings $50.00 629-7357672 CH mops, towels, mats Total ARAMARK UNIFORM SERVICES $152.26 Paid Chk# 030368 11/7/2011 B & B MASONRY E 101-41940-405 Repair/Maint - Buildings $562.00 11 OCT8 Sidewalk, curving, expansion, concrete sealer E 101-43100-402 Repair/Maint - Sidewalks $7,894.00 11 OCT8 Sidewalk, curving, expansion, concrete sealer Total B & B MASONRY $8,456.00 Paid Chk# 030369 11/7/2011 BANYON DATA SYSTEMS E 604-49660-300 Professional Srvs (GENERAL) $213.90 00147070 Inv. bill, assets, GASB, POS support E 602-49400-300 Professional Srvs (GENERAL) $213.90 00147070 Inv. bill, assets, GASB, POS support E 601-49450-300 Professional Srvs (GENERAL) $213.90 00147070 Inv. bill, assets, GASB, POS support E 101-42000-310 Other Professional Services $213.90 00147070 Inv. bill, assets, GASB, POS support E 101-41400-300 Professional Srvs (GENERAL) $213.91 00147070 Inv. bill, assets, GASB, POS support Total BANYON DATA SYSTEMS $1,069.51 M:APublic Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 1 07 2011 Finance Bills Posted 201 l.doc Agenda Item No. C. Meeting Date November 7, 2011 22 Mayor and Council Communication -November 2, 2011 Finance - Payment of Claims Page 3 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030370 11/7/2011 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $41.95 974602 Berry Colombian Coffe Total BERRY COFFEE COMPANY $41.95 Paid Chk# 030371 11/7/2011 C & H SPORTS SURFACES, INC. E 101-45100-210 Operating Supplies (GENERAL) $580.00 0133 Crack Repair 2 Tennis Cts Oak Side, 1 BB Ct 4 Seasons Total C & H SPORTS SURFACES, INC. $580.00 Paid Chk# 030372 11/7/2011 CARLSON BUILDING SERVICES, INC E 101-41940-405 Repair/Maint - Buildings $352.15 37650 Scrub and Recoat Floors City Hall E 101-41940-405 Repair/Maint - Buildings $422.16 37726 November CH Services E 101-42000-200 Office Supplies (GENERAL) $133.59 37726 November FD Service E 602-49400-210 Operating Supplies (GENERAL) $13.08 37890 TP/Towels/Trash liners E 101-41940-210 Operating Supplies (GENERAL) $13.08 37890 TP/Towels/Trash liners E 101-43100-215 Shop Supplies $13.08 37890 TP/Towels/Trash liners E 101-42000-200 Office Supplies (GENERAL) $13.09 37890 TP/Towels/Trash liners E 601-49450-210 Operating Supplies (GENERAL) $13.08 37890 TP/Towels/Trash liners Total CARLSON BUILDING SERVICES, INC $973.31 Paid Chk# 030373 11/7/2011 CENEX FLEETCARD E 101-45100-212 Motor Fuels $308.50 53432C fuel E 101-43100-212 Motor Fuels $308.50 53432C fuel E 602-49400-212 Motor Fuels $121.32 53432C fuel E 601-49450-212 Motor Fuels $121.33 53432C fuel Total CENEX FLEETCARD $859.65 Paid Chk# 030374 11/7/2011 CENTURYLINK - NC E 101-41940-321 Telephone $17.24 1003669890- Long Distance Total CENTURYLINK - NC $17.24 Paid Chk# 030375 11/7/2011 CENTURYLINK COMMUNICATIONS AZ E 601-49450-321 Telephone $26.63 313117835- WWTF 497-0269 E 101-42000-321 Telephone $29.62 313117835- FD 497-1340 E 101-43100-321 Telephone $29.62 313117835- WWTF 497-0774 E 101-41940-321 Telephone $35.57 313117835- RB 497-0452 E 101-41940-321 Telephone $22.73 313117835- taxes & surcharges E 101-42000-321 Telephone $26.63 313117835- FD 497-7474 E 101-41940-321 Telephone $26.63 313117835- 497-3704 E 101-41940-321 Telephone $26.63 313117835- CH2 497-3695 E 101-41940-321 Telephone $26.63 313117835- 497-3486 E 101-42000-321 Telephone $28.20 313117835- CH1 497-0261 E 101-45100-321 Telephone $26.63 313117835- PK497-2215 E 601-49450-321 Telephone $27.39 313117835- WWTF 497-1888 Total CENTURYLINK COMMUNICATIONS $332.91 Paid Chk# 030376 11/7/2011 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract Total CITY OF MONTICELLO Paid Chk# 030377 11/7/2011 COMDATA E 101-42000-212 Motor Fuels Total COMDATA Paid Chk# 030378 11/7/2011 DAMA COMPANY E 101-42000-560 Furniture and Fixtures Total DAMA COMPANY $577.13 0011322 $577.13 September 2011 Animal Control $309.37 XS29511012011 FD fuel $309.37 $1,368.00 12149 Fd 8 S-3 Model Fire Lock Boxes - Fire Prevention $1, 368.00 M:APublic Data\City Council\Council Packet information\2011\1 1 07 201 1\1 1 07 2011 Finance Bills Posted 2011.doc Agenda Item No. 6.C. Meeting Date November 7, 2011 23 Mayor and Council Communication —November 2, 2011 Finance — Payment of Claims Page 4 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030379 11/7/2011 DEMARS, TINA G 101-22900 Rental Deposit Escrow $90.00 Refund Refund Deposit CH rental 10/23 less $10.00 lost key fee Total DEMARS, TINA $90.00 Paid Chk# 030380 11/7/2011 DIDONATO, DANIELLE E 101-41000-300 Professional Srvs (GENERAL) $123.04 Oct 11 Assessment overpaid Total DIDONATO, DANIELLE $123.04 Paid Chk# 030381 11/7/2011 DJS TOTAL HOME CARE CTR - FIRE E 101-42000-404 Repair/Maint - Machinery/Equip $48.92 056889 FD Tools for Trucks - Tide, Elect Tape, Utility Knife, Blade cutoff, Wheel cutoff Total DJS TOTAL HOME CARE CTR - FIRE $48.92 Paid Chk# 030382 11/7/2011 ELECTRIC PUMP, INC. E 601-49450-404 Repair/Maint - Machinery/Equip $60.30 0045607-IN Grip cable unit Total ELECTRIC PUMP, INC. $60.30 Paid Chk# 030383 11/7/2011 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $709.26 57879 FD Repair Ladder II — Truck Maintenance Total EMERGENCY APPARATUS MNTC $709.26 Paid Chk# 030384 11/7/2011 EMERGENCY MEDICAL PRODUCTS E 101-42000-230 Medical Supplies $732.09 1410420 FD SSCOR S-SCORT II Suction Unit — Medical Supplies Total EMERGENCY MEDICAL PRODUCTS $732.09 Paid Chk# 030385 11/7/2011 E-Z SHARP, INC E 810-00000-404 Repair/Maint - Machinery/Equip $469.44 155653 STMA Arena Skate Sharpener Supplies 7 grinding wheels, diamond dresser (10) Total E-Z SHARP, INC $469.44 Paid Chk# 030386 11/7/2011 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $102.28 103513 9/11 6423 22-0-7-6 Turf Energizer Total FEDERATED CO-OPS, INC. $102.28 Paid Chk# 030387 11/7/2011 HENRYS WATERWORKS, INC E 602-49400-407 R/M - Water Mains $150.97 105362 5 (1") Cast Iron Drop in Valve box risers, 5 (1/2") risers Total HENRYS WATERWORKS, INC $150.97 Paid Chk# 030388 11/7/2011 JOHN DEERE LANDSCAPES INC E 101-45100-210 Operating Supplies (GENERAL) $176.63 59546582 2" Elec globe, rotor blue nozzle, 4" pop-up spray body, nozzles E 101-45100-210 Operating Supplies (GENERAL) $9.53 59546686 1 riser extension PVC fitting Total JOHN DEERE LANDSCAPES INC $186.16 Paid Chk# 030389 11/7/2011 KENNEDY & GRAVEN G 101-20200 Accounts Payable $1,530.00 104881 Albertville - St. Michael Library Financing Total KENNEDY & GRAVEN $1,530.00 M:\Public Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 107 2011 Finance Bills Posted 2011.doc Agenda Item No. 6.C. Meeting Date November 7, 2011 24 Mayor and Council Communication —November 2, 2011 Finance — Payment of Claims Page 5 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030390 11/7/2011 KOOPMAN, GREG R 602-00000-99999 UNALLOCATED UTILITY $195.42 Refund Refund Utility credit balance Total KOOPMAN, GREG $195.42 Paid Chk# 030391 11/7/2011 L.M.C.I.T. E 810-00000-361 General Liability Ins $1,232.00 0200100813 STMA Arena Insurance Total L.M.C.I.T. $1,232.00 Paid Chk# 030392 11/7/2011 MCKELLIPS, CHRIS G 101-22850 Planning & Zoning Escrow $1,285.66 2011-003 Refund escrow Total MCKELLIPS, CHRIS $1,285.66 Paid Chk# 030393 11/7/2011 MEDICA E 101-41500-131 Employer Paid Health $820.44 25600250 Emp Health Ins E 810-00000-130 Employer Paid Ins (GENERAL) $866.21 25600250 Emp Health Ins E 101-41400-131 Employer Paid Health $552.71 25600250 Emp Health Ins E 101-42400-130 Employer Paid Ins (GENERAL) $860.81 25600250 Emp Health Ins E 101-43100-130 Employer Paid Ins (GENERAL) $1,335.00 25600250 Emp Health Ins E 101-45100-130 Employer Paid Ins (GENERAL) $1,509.83 25600250 Emp Health Ins E 101-41300-131 Employer Paid Health $606.64 25600250 Emp Health Ins E 601-49450-130 Employer Paid Ins (GENERAL) ($678.10) 25600250 Emp Health Ins E 602-49400-130 Employer Paid Ins (GENERAL) ($678.08) 25600250 Emp Health Ins G 101-21706 Group Insurance Payable $2,727.43 25600250 Emp Health Ins emp port Total MEDICA $7,912.89 Paid Chk# 030394 11/7/2011 MEINY'S DIGGERS E 101-41000-300 Professional Srvs (GENERAL) $975.00 6739 9/7/11 repair leaking curb stop 10456 Kali Ave E 602-49400-408 R/M - Water Services $130.00 6739 9/7/11 repair leaking curb stop 10456 Kali Ave E 602-49400-407 R/M - Water Mains $2,430.00 6740 9/14 repair gate valves 53`d St & Lambert & 54 1/2 & Lambert 9/20 Total MEINY'S DIGGERS $3,535.00 Paid Chk# 030395 11/7/2011 MINNESOTA COPY SYSTEMS E 604-49960-413 Office Equipment Rental $16.43 77850 Copier Lease E 602-49400-413 Office Equipment Rental $20.54 77850 Copier Lease E 601-49450-413 Office Equipment Rental $45.19 77850 Copier Lease E 101-41400-413 Office Equipment Rental $123.23 77850 Copier Lease Total MINNESOTA COPY SYSTEMS $205.39 Paid Chk# 030396 11/7/2011 MTR SERVICES INC E 101-43100-402 Repair/Maint - Sidewalks $170.00 4312a 2 Yanmar Clean Sotrm Water Pond 10229 Karston Ct Total MTR SERVICES INC $170.00 Paid Chk# 030397 11/7/2011 NAPA AUTO PARTS E 101-42000-404 Repair/Maint - Machinery/Equip $9.97 798469 FD Hal Bulb H6545 E 101-42000-404 Repair/Maint - Machinery/Equip $9.97 798473 FD Hal Bulb H6054 E 101-42000-404 Repair/Maint -Mach inery/Eq uip ($9.97) 798473 Credit H6545 Total NAPA AUTO PARTS $9.97 M:\Public Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 1 07 2011 Finance Bills Posted 201 Ldoc Agenda Item No. 6®C Meeting Date November 7, 2011 25 Mayor and Council Communication —November 2, 2011 Finance — Payment of Claims Page 6 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030398 11/7/2011 NEXTEL COMMUNICATIONS E 101-41300-321 Telephone E 101-41500-323 Nextel Radio Units E 101-42000-321 Telephone E 602-49400-323 Nextel Radio Units E 601-49450-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS Paid Chk# 030399 11/7/2011 NORSAN E 101-41940-404 Repair/Maint - Machinery/Equip Total NORSAN $41.67 718183318- Nextel Phones $41.67 718183318- Nextel Phones $91.57 718183318- FD Nextel Phones $25.00 718183318- Nextel Phones $25.00 718183318- Nextel Phones $25.00 718183318- Nextel Phones $25.00 718183318- Nextel Phones $25.00 718183318- Nextel Phones $299.91 $542.39 150940 50 Road Crew Ice Melter 50# bags $542.39 Paid Chk# 030400 11/7/2011 NORTH CENTRAL LABORATORIES E 601-49450-210 Operating Supplies (GENERAL) $172.67 293958 gloves, distilled water, wide tip volumetric pipets Total NORTH CENTRAL LABORATORIES $172.67 Paid Chk# 030401 11/7/2011 NORTH MEMORIAL URGENT CARE E 601-49450-433 Dues and Subscriptions $49.00 49722200-10/11 J. Middendorf Testing E 101-42000-305 Medical- Physicals $86.00 49805900-10/11 FD S. Wortman Hep B Vaccination Total NORTH MEMORIAL URGENT CARE $135.00 Paid Chk# 030402 11/7/2011 NORTHLAND TRUST SERVICE INC E 601-49450-611 Bond Interest $64,071,25 ALBE05A-Oct Interest GO Sewer 4,000,000 E 601-49450-601 Debt Sry Bond Principal $165,000.00 ALBE05A-Oct Principal GO Sewer 4,000,000 E 359-00000-611 Bond Interest $64,763.75 EDALLBE05B- Interest Public Project Lease Rev 3,700,000 E 359-00000-601 Debt Sry Bond Principal $150,000.00 EDALLBE05B- Principal Public Project Release Rev 3,700,000 Total NORTHLAND TRUST SERVICE INC $443,835.00 Paid Chk# 030403 11/7/2011 OMANN BROTHERS E 101-45100-589 Capital - Park/Trail Const. $8,550.00 22342 North trail grade/pave, South trail — reclaim and grade Total OMANN BROTHERS $8,550.00 Paid Chk# 030404 11/7/2011 PINSVILLE, INC E 101-41940-399 Miscellaneous $345.00 11-0479 150 Albertville Lapel Pins Total PINSVILLE, INC $345.00 Paid Chk# 030405 11/7/2011 PITNEY BOWES - EASYPERMIT POST E 101-41400-413 Office Equipment Rental $313.27 October 11 Postage E 601-49450-413 Office Equipment Rental $112.98 October 11 Postage E 602-49400-413 Office Equipment Rental $51.36 October 11 Postage E 604-49960-413 Office Equipment Rental $35.95 October 11 Postage Total PITNEY BOWES - EASYPERMIT POST $513.56 Paid Chk# 030406 11/7/2011 PITNEY BOWES- PA E 602-49400-413 Office Equipment Rental $138.05 0787150-OT11 Machine Rental E 601-49450-413 Office Equipment Rental $303.71 0787150-OT11 Machine Rental E 101-41400-413 Office Equipment Rental $842.09 0787150-OT11 Machine Rental E 604-49960-413 Office Equipment Rental $96.63 0787150-OT11 Machine Rental Total PITNEY BOWES- PA $1,380.48 M:\Public Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 1 07 2011 Finance Bills Posted 2011.doc Agenda Item No. 6.C. Meeting Date November 7, 2011 26 Mayor and Council Communication -November 2, 2011 Finance - Payment of Claims Page 7 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030407 11/7/2011 PRINCIPAL LIFE INSURANCE CO E 101-41300-131 Employer Paid Health $85.15 1008662-11-11 Emp Life, Dental, Stdis E 810-00000-130 Employer Paid Ins (GENERAL) $129.78 1008662-11-11 Emp Life, Dental, Stdis E 101-43100-130 Employer Paid Ins (GENERAL) $197.75 1008662-11-11 Emp Life, Dental, Stdis E 101-41400-131 Employer Paid Health $131.15 1008662-11-11 Emp Life, Dental, Stdis E 101-42400-130 Employer Paid Ins (GENERAL) $91.65 1008662-11-11 Emp Life, Dental, Stdis E 101-45100-130 Employer Paid Ins (GENERAL) $196.39 1008662-11-11 Emp Life, Dental, Stdis E 101-41500-131 Employer Paid Health $141.23 1008662-11-11 Emp Life, Dental, Stdis E 602-49400-130 Employer Paid Ins (GENERAL) $10.26 1008662-11-11 Emp Life, Dental, Stdis E 601-49450-130 Employer Paid Ins (GENERAL) $10.28 1008662-11-11 Emp Life, Dental, Stdis Total PRINCIPAL LIFE INSURANCE CO $993.64 Paid Chk# 030408 11/7/2011 RANDY'S SANITATION E 810-00000-384 Refuse/Garbage Disposal $73.60 1560273-11-11 STMA Arena Waste Pickup Total RANDY'S SANITATION $73.60 Paid Chk# 030409 11/7/2011 RED'S PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals $2,019.94 12777 12 wks 6/30 - 9/21 regular units, handicap unit, SC for Lions Sport Show Total RED'S PORTABLE TOILETS $2,019.94 Paid Chk# 030410 11/7/2011 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $187.48 01OV171 11 x 17 paper, carton copy paper, 2x4 labels, wall calendar Total S & T OFFICE PRODUCTS $187.48 Paid Chk# 030411 11/7/2011 SCR, INC - ST. CLOUD E 810-00000-405 Repair/Maint - Buildings $583.33 239843 STMA Arena November Maintenance 7th out of 12 Total SCR, INC - ST. CLOUD $583.33 Paid Chk# 030412 11/7/2011 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint Buildings $4.22 646141 FD alarm daily test E 101-42000-405 Repair/Maint - Buildings $20.25 646141 FD alarm monitoring E 101-43100-405 Repair/Maint - Buildings $31.27 646141 PW alarm monitoring Total SENTRY SYSTEMS, INC. $55.74 Paid Chk# 030413 11/7/2011 STEP SAVER INC E 810-00000-405 Repair/Maint - Buildings $178.74 62968 STMA Arena bulk salt Total STEP SAVER INC $178.74 Paid Chk# 030414 11/7/2011 SUN PRESS & NEWSPAPERS E 101-41100-351 Legal Notices Publishing $41.80 1345476 Prairie Run legal Total SUN PRESS & NEWSPAPERS $41.80 Paid Chk# 030415 11/7/2011 TRYCO LEASING INC E 101-43100-410 Rentals (GENERAL) $208.52 5765 PW Toshiba Estudio 2830 copier lease E 101-42000-412 Building Rentals/Admin Fee $113.64 5766 FD Samsung copier lease E 604-49960-413 Office Equipment Rental $25.97 5767 Copier lease E 602-49400-413 Office Equipment Rental $32.47 5767 Copier lease E 101-41400-413 Office Equipment Rental $194.79 5767 Copier lease E 601-49450-413 Office Equipment Rental $71.42 5767 Copier lease Total TRYCO LEASING INC $646.81 M:APublic Data\City Council\Council Packet information\2011\I1 07 2011\1 1 07 2011 Finance Bills Posted 201 l.doc Agenda Item No. 6. C. Meeting Date November 7, 2011 27 Mayor and Council Communication —November 2, 2011 Finance — Payment of Claims Page 8 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030416 11/7/2011 UNIFORMS UNLIMITED INC E 101-42000-417 Uniform Rentals $44.58 92591 FD Paul Gonsior - Uniform Rentals Total UNIFORMS UNLIMITED INC $44.58 Paid Chk# 030417 11/7/2011 WASTE MANAGEMENT E 101-43100-384 Refuse/Garbage Disposal $77.70 604210615935 PW trash E 601-49450-384 Refuse/Garbage Disposal $74.94 604210615935 WWTF trash E 101-45100-384 Refuse/Garbage Disposal $99.30 604210615935 Parks trash Total WASTE MANAGEMENT $251.94 Paid Chk# 030418 11/7/2011 WRIGHT-HENNEPIN COOP ELECTRIC E 101-43160-381 Electric Utilities $157.22 15016858246-69th Circle NE E 101-43160-381 Electric Utilities $7.64 15016858246-11520 Lakeview Cir NE Total WRIGHT-HENNEPIN COOP ELECTRIC $164.86 Paid Chk# 030419 11/7/2011 XCEL ENERGY E 101-43160-381 Electric Utilities $25.60 5145796403- 11830 51st Street Autio Protect Lgt E 101-43160-381 Electric Utilities $24.41 515112363010 5998 LaBeaux Avenue NE Auto Prot Lgt E 101-43160-381 Electric Utilities $3.67 51-5556410-8-5799 Lander Avenue NE E 810-00000-381 Electric Utilities $6,922.58 5158733154- STMA Arena 5898 Lachman Ave NE Total XCEL ENERGY $6,976.26 10100 Premier Bank $566,564.59 Fund Summary 10100 Premier Bank 101 GENERAL FUND $100,788.27 359 City Hall Revenue Bond $214,763.75 473 PRAIRIE RUN $988.15 601 SEWER FUND $230,077.53 602 WATER FUND $2,864.15 604 STORM WATER $388.88 605 Recycling Fund $6,248.18 810 STMA ARENA $10,445.68 $566,564.59 M:\Public Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 107 2011 Finance Bills Posted 201 I.doc Agenda Item No. 6.C. Meeting Date November 7, 2011 28 Nibertville Mayor and Council Communication November 1, 2011 SUBJECT: CONSENT - FINANCE DEPARTMENT REPORT ACCOUNTS RECEIVABLES RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Receivables Finance Report. ACCOUNTS RECEIVABLE Total accounts receivable outstanding through October 31, 2011 is $145,045.72. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $ 33,289.29 22.95% 30-60 days outstanding $ 88.05 .06% 60-90 days outstanding $ 5,731.86 3.95% Over 90 days outstanding $105,936.52 73.04% The majority of the over 90 days outstanding are due to Alpine Capital (which will be assessed to the property taxes), Vacant Property Registrations (which will be assessed to the property taxes), Schuett Group, and Great West Casualty. KEY ISSUES: none PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\201 1\1 107 201 1\1 107 2011 Finance Report receive.doc Agenda Item No. . Meeting Date November 7, 2011 Mayor and Council Communication - November 7, 2011 Finance Director - Monthly Report Accounts Receivables Page 2 of 2 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 day s & Over AAA $820.00 $820.00 ALPINE CAPITAL $4,184.66 $641.25 $862.13 $2,681.28 AURPRA LOAN SERVICES $106.88 $106.88 BAC FIELDS SERVICES INC $50.42 $50.42 BAC HOME LOANS - CA $106.64 $106.64 BAC HOME LOANS - TX $537.93 $427.49 $110.44 BAC - FL $595.41 $213.75 $381.66 BLAINE RENTALS $213.75 $213.75 BOLDON, JOSHUA $164.34 $164.34 BORDER STATES ELECTRIC $1,732.50 $1,732.50 BUFFALO SQUIRTS $2,812.66 $2,812.66 CE MURPHY REAL ESTATE $106.88 $106.88 CITI MORTGAGE $382.54 $382.54 COLLYARD GROUP $507.29 $507.29 COM-TEN LLC $213.75 $213.75 FEDERAL NATL MTG ASSN DALLAS $100.00 $100.00 GREAT WEST CASUALTY $95,090.64 $95,090.64 GULED, RAHMA $1,588.79 $1,588.79 JP MORGAN CHASE BANK $160.32 $160,32 MERLIN BIRD PROPERTIES $85.00 $85.00 MEYER, BILL $975.00 $975.00 MN DEVELOPMENT AGENCY $50.05 $50.05 NIEMEYER TRAILER SALES $105.00 $105.00 OTSEGO, CITY OF $28,235.84 $28,235.84 PATTY SS $262.58 $35.55 $227.03 PUBHOUSE 19 $46.14 $46.14 RONQUIST, RON $106.88 $106.88 ROOKER, CHRIS $327.75 $327.75 RUSTAND, CHRIS $196.99 $196.99 SCHUETT GROUP $3,402.16 $3,402.16 THE HOOPER GROUP $321.51 $321.51 TOWNE LAKES $956.50 $956.50 VOGEL, NANCY $267.19 $267.19 WOODSTONE BUILDERS $231.73 $52.50 $179.23 Total $145,045.72 $33,289.29 $88.05 $5,731.86 $105,936.52 Current 0-30 days $33,289.29 22.95% 30-60 days $88.05 0.06% 60-90 days $5,731.86 3.95% over 90 day $105,936.52 73.04% M:\Public Data\City Council\Council Packet information\2011\I1 07 201 1\1 1 07 2011 Finance Report receive.doc Agenda Item No. 6.D. Meeting Date November 7, 2011 '1 �bertville � T �. ft 0tV UF- Mayor and Council Communication y November 1, 2011 SUBJECT: CONSENT - FINANCE DEPARTMENT REPORT YEAR TO DATE RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. 11T QUARTER BUDGET TO ACTUAL: October 2011 year to date un-audited General Fund Summary of Revenues and Expenditures. Both Revenues and expenditures should beat 84%. Revenues are at 56.6% and Expenses are at 63.2%. 2011 Council Update GENERALFUND 31010 32100 32110 32120 32150 32210 32240 33405 33406 33422 34000 34101 34001 34103 34105 34106 34107 34302 34780 34950 35000 36210 34110 M:\Public Data\City Council\Council Packet information\201 1\1 107 201 1\1 1 07 2011 Finance Report qtr to date.doc Agenda Item No. � D. Meeting Date November 7, 2011 3� General Fund Revenue: 2011 2011 Actual % of Budget 10/31/2011 Budget Current Ad Valorem Taxes 2,373,087 1,128,031 47.5% Business Licenses &Permits 16,000 16,736 104.6% Liquor Licenses 30,000 28,688 95.6% 3.2 Liquor Licenses 150 220 146.7% Sign Permits 2,000 1,275 63.8% Building Permits 35,000 64,366 183.9% Animal Licenses 250 70 28.0% Police Aid 27,000 28,016 103.8% Fire Aid 32,000 39,914 124.7% Other State Aid Grants 8,200 4,485 54.7% Charges for Services 6,000 10,701 178.3% Lease Payments - City Property 10,200 16,007 156.9% Administration Fees 132,504 153,449 115.8% Zoning &Subdivision 2,500 1,325 53.0% Plan Check fee 15,000 26,722 178.1 Sale of Maps 50 35 69.4% PIDlLe al Description Requests - - 0.0% Title Searches 150 880 586.7% Fire Protection Contract Charges 112,943 56,472 50.0% Park/City Hall Rental Fees 4,000 5,829 145.7% Other Revenues 6,000 36,257 604.3% Fines &Forfeits - - 0.0% Interest Earnings 25,000 13 0.1% En ineer/As builts 3,000 450 15.0% Arena Administration 10,800 8,100 75.0% Capital from CH 50,000 - 0.0% Cable Franchise 64,000 50,727 79.3% Total Revenues $ 2,965,834 $ 1,678,768 56.6% Mayor and Council Communication - November 7, 2011 Finance Director - Monthly Report Page 2 of 3 General Fund Expenditures 2011 2011 Actual % of Budget 10/31/2011 Budget 41100 Council 43,020 32,728 76.1 % 41300 Administrator 135,665 114,063 84.1% 41400 City Clerk 108,179 68,342 63.2% 41410 Elections 9,000 662 7.4% 41500 Financial Administration 142,486 106,543 74.8% 41550 City Assessor 28,500 28,079 98.5% 41600 City Attorney 19,000 27,579 145.2% 41700 City Engineer 40,700 43,286 106.4% 41800 Economic Development 16,000 81,115 507.0% 41910 Planning & Zoning 21,707 33,199 152.9% 41940 City Hall 125,400 56,067 44.7% 42000 Fire Department 264,630 157,657 59.6% 42110 Police 516,840 430,700 83.3% 42400 Building Inspection 204,429 177,169 86.7% 42700 Animal Control 4,500 3,856 85.7% 43100 Public Works - Streets 421,524 279,798 66.4% 45000 Culture & Recreation 48,936 37,104 75.8% 45100 Parks & Recreation 177,881 134,677 75.7% Capital Reserves/1-94 613,772 61,435 10.0% Library 23,665 - 0.0% Total Expenditures $ 2,965,834 $ 1,874,058 63.2% VARIANCES Revenue- o Second Half Tax payments are not received until December o Building Permits - $16,000 for mall remodels, Border States and new homes not expected o Administrative fees - $16,000 in final approved (audit) TIF administration from prior years o Plan Check fee $9,700 for mall remodels, Border States and new homes not expected o Other Revenues $15,300 in insurance claim from the league for our hail damage, $11,200 in Fire Department Grants o Interest Revenues - not allocated yet it is part of the year end procedures not yet completed Expenses: o City Attorney- expenses include $7,500 for 2011 for the tanker claim (un-budgeted expense). o Economic Development - Expenses include property taxes for the lots we received from the Prairie Run Addition M:\Public Data\City Council\Council Packet information\201 1\1 107 2011\I 107 2011 Finance Report qtr to date.doc Agenda Item No. .. . Meeting Date November 7, 2011 Mayor and Council Communication — November 7, 2011 Finance Director — Monthly Report Page 3 of 3 o City Engineer — expenses include $3,500 which was reimbursed in other revenue by the Liv Wright Grant o City Planner - expenses include $5,400 which was reimbursed in other revenue by the Liv Wright Grant POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2011\11 07 201 1\1 1 07 2011 Finance Report qtr to date.doc Agenda Item No. D. Meeting Date November 7, 2011 34 Albertville Mayor and Council Communication S-17... U. Big atv ufs October 26th, 2011 SUBJECT: CONSENT — PW/BD - HAIL DAMAGE REPAIR TO SIDING OF THE OLD CITY HALL AT 5975 MAIN AVENUE NE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO award the low quote/bid to Braun Construction to reside the former City Hall; Option no. 1 no insulation $5,900 Option no. 2 including a 1/4 " Fan Fold insulation (add $ 980) $6,880 BACKROUND: Staff solicited quotes/bids from contractors to reside the former City Hall following this summer's hail storms. Bids submitted that are on file ranged from $5,900 to $11,475 to reside the former City Hall. Building Official Jon Sutherland 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 any deductibles. LEGAL: Quotes/Bids 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: Building and Public Works/Jon Sutherland, Building Official/Zoning Administrator and Public Works -Parks Maintenance Supervisor Tim Guimont Attachments: none M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Siding Bid Award 5975 Main.doc Agenda Item No. 6.E. Meeting Date November 7, 2011 36 A�lbertvil g- 8fI fe. TO: Mayor and City Council FROM: John Middendorf DATE: October 20, 2011 RE: Wastewater Treatment Plant and Water Department Update WATER • There was a water service line leak at 10456 Kali Avenue NE. The leak was on the homeowner side of the shut off and it was in the driveway. • Replaced bolts on four gate vales, in preparation for next years overlay project. • We are currently working on lowering gate valve boxes in the street. WASTEWATER • The fall maintence and oil changes at the Wastewater Treatment Plant have been completed for this year. • The rental of St. Michael jet truck to clean lift stations went well. We cleaned seven lift stations in two days. • I am having the variable speed drive on main lift station pump #2 rebuilt. • The panel view at Phil Morris lift station quit working. I am working with Sweeney Controls fora replacement. REED BED UPDATE • We cleaned Reed Bed No. 1 this year. • It is my goal to clean one reed bed a year, and be on a seven year cycle. M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1-07-2011 Utilities Dept Report.doc Agenda Item No. V.F. Meeting Date November 7, 2011 37 W lhertV1ll£ Mayor and Council Communication Smgr Touen tiring. Big titN life. y November 3, 2011 SUBJECT: CONSENT AGENDA - ENGINEERING — MNDOT DELEGATED CONTRACTING PROCESS AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: approve Resolution No. 2011-033 entitled Resolution Approving Agency Agreement No. 99998 entitled "State of Minnesota Agency Agreement Between the Department of Transportation (MnDOT) and the City of Albertville for Federal Participation in Construction", and approval of the State of Minnesota Agency Agreement Between the Department of Transportation (MnDOT) and the City of Albertville for Federal Participation in Construction. INFORMATION: This agreement between MnDOT and the City allows for MnDOT to act as the City's agent in accepting federal aid monies. The agreement is intended to cover all federally funded projects that the City is awarded funds for until revisions are needed to the agreement. This agreement supersedes Agreement No. 90476 executed in or about 2003, which is referenced in the agreement. There are no significant changes to the previous agreement. In general, the agreement outlines the roles and responsibilities of MnDOT and the City in conducting the Delegated Contract Process (DCP) including project administration, letting, and payments. KEY ISSUES: • This agreement is required for Albertville to receive federal funds through MnDOT. • This is a MnDOT Standard Agreement, which is a requirement of Federal Highway. • This is not the agreement for the I-94 WB CD Road. A project specific municipal agreement for that project is needed, which will also reference this agreement. • This agreement supersedes and is an updated version of the 2003 Agency Agreement. POLICY CONSIDERATIONS: It is the City's Policy for the Mayor and City Council to approve all agreements and contract entered into on behalf of the City. FINANCIAL CONSIDERATIONS: There are no financial impacts associated with execution of this agreement. This agreement allows the City to receive awarded federal funds from Federal Highway through MnDOT. Financial considerations will be on a project by project basis. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to approve or reject agreements on the behalf of the City. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Engineering/Adam Nafstad, City Engineer Attachments: Resolution No. 2011-033 and State Agreement No. 99998 (that will be available for viewing) M:\Public Data\Requests for Council Actions (RCA)\2011\1 1 07 2011 Consent-Eng MnDOT DCP Agreement (RCA).doc Agenda Item No. 6.H. Meeting Date November 7, 2011 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2011-033 A RESOLUTION APPROVING AGENCY AGREEMENT No. 99998 ENTITLED "STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION (MnDOT) AND THE CITY OF ALBERTVILLE FOR FEDERAL PARTICIPATION IN CONSTRUCTION" BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Albertville to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the Clerk are hereby authorized and directed for and on the behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in Minnesota Department of Transportation Agency Agreement No. 99998", a copy of which said agreement is on file with the office of the City Clerk and which is made a part hereof by reference. Approved by the City Council of the City Albertville on this 71h day of November, 2011. Mark Meehan, Mayor Bridget Miller City Clerk FA A.1bertV1l £ Mayor and Council Communication November 3, 2011 SUBJECT: CONSENT - ENGINEERING — DITCH No. 9 FIELD SURVEY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the City Engineer to survey Ditch No. 9 between CSAH 18 and Kagan Avenue NE in the Albert Villas neighbor at a cost not -to -exceed $6,500. INFORMATIONBACKGROUND: Ditch No. 9 is identified on the City's 5-Year Improvement plan as being improved in 2012. Today bank sloughing and erosion, brush overgrowth, and debris are causing problems for residents and inhibiting drainage. The improvements planned for 2012 include clear and grubbing, grading, erosion control and bank restoration between Kagan Avenue and the Albert Villas 6th addition plat. At this time and in preparation for design of the improvements, it is proposed that the field survey of the ditch be completed prior to snow accumulation and freezing of the ditch's stream. The field survey will be the first step of the project. The following steps, will include design, resident meetings and planning, regulatory permitting, and construction. It is proposed that the field survey (step 1) be completed on an hourly basis, with a not -to -exceed cost of $6,500. KEY ISSUES: • 5-Year CIP identifies Ditch No. 9 improvements in 2012 • The survey work can be completed most efficiently when the leaves are off the trees and ground and water of free of snow and ice. • Cost to complete survey will not exceed $6,500. POLICY CONSIDERATIONS: It is the City's Policy for the Mayor and City Council to authorize all plan preparation and the making of municipal improvements. FINANCIAL CONSIDERATIONS: The engineer proposes to complete the survey on an hourly basis with a not -to -exceed cost of $6,500 from which can be funded through Professional Services budgeted in the 2011 Stormwater Fund. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize the preparation and making of all municipal improvements. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Engineering/City Engineer Adam Nafstad Attachments: Survey Location Map M:\Public Data\Requests for Council Actions (RCA)\2011\I 1 07 2011 Consent -Engineering Ditch No 9 Survey RCA.doc Agenda Item No. 6. . . Meeting Date November 7, 2011 Memo To: Albertville City Council and City Administrator From: Mike Couri Date: November 2, 2011 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • I-94 Ramps. Adam and AT&T's field rep have confirmed that the corrected easement area does not contain any AT&T utilities. We expect this to clear to the way to a relatively quick closing. I have drafted the closing documents and sent them to AT&T's attorney for review and approval, but haven't heard back yet. I am currently checking with him to keep the process moving. • Fire Department Tanker Claim. A signed version of the revised settlement agreement has been sent out, and I am waiting on its return. • Karston Cove Yd Addition. This issue will be back on the agenda for the November 7th meeting. There is a revised RCA in the agenda packet. I expect someone from the developer to be present to discuss this item • Albertville Medical Building Escrow. I am working with Brian Asleson and Larry Kruse in an attempt to get a joint City -County escrow from the development of the Albertville Medical Building project released. Approximately $19,500 of the escrow should come back to the City. At this point, we are waiting to hear back from Bob Josart, the developer of the Medical Building, to confirm that the escrow can be released. M:\Public Data\City Council\Council Packet information\2011\1107 2011\11 07 2011 Consent -Attorney Report 32, November 7, 2011.doc Agenda Item No. ®B. Meeting Date November 7, 2011 43 Page 2 of 2 • Prairie Run Lots. Jillian, Larry and I have met with the two owners who are in the Homeowners' Association and are assisting with the transition from Scherer Bros. running the Association to having the residents run it. Necessary tasks have been identified and information is being gathered. We are scheduled to meet again immediately prior to the November 7th Council meeting. • St. Michael Library Agreement. We are getting closer to a final draft agreement, but probably will not have this ready for Council approval until sometime in December. M:\Public Data\City Council\Council Packet info rmation\2011\1 107 2011\11 07 2011 Consent -Attorney Report 32, November 7, 2011.doc Agenda Item No. .1. Meeting Date November 7, 2011 WE STMA ARENA BOARD MINUTES Monday, October 10, 2011 6:00 p.m. Present: Chairman Dan Wagner, and STMA Arena Board members Larry Sorensen, Gayle Weber, Jerry Zachman Jeff Lindquist and Kevin Kasel. Also present were STMA Ice Arena Manager Grant Fitch and Albertville City Administrator Larry Kruse. Absent: Others present: Scott Berning of STMA Youth Hockey Association The meeting was called to order at 6:00 p.m. by Chairman Wagner AGENDA Motion by Zachman/Weber to approve the agenda as presented. Motion carried unanimously. MINUTES Motion by Lindquist/Wagner to approve the September 12, 2011 minutes as presented. Motion carried unanimously. PUBLIC COMMENT None FINANCIAL REPORT Payment of Claims: Motion by Kasel/Sorensen to approve the September, 2011 list of claims as presented in the amount of $10,111.3 8 and the Finance Report. Motion carried unanimously. ARENA MANAGER'S REPORT Fitch reported arena operations are running well. The September 1 Oth Youth Hockey registration went well, with numbers slightly down. Last year they had 400 plus participants and this year the number is around 380. Ryan Zachman with the City of Albertville has performed routine maintenance on the Zamboni. Oil change, engine tune up (plugs and wires) and a new battery. Having a mechanic from the City do this is both convenient and a cost savings. Arena roof repair: The Board contracted with ARY to evaluate the roof structure and the possibility of adding more insulation. It was determined that the roof structure can't support any additional weight. Currently the roof is rated for 30 pounds and the concealed fastener roof will add a negligible amount of additional weight. Since constructing the arena, the building code has increased the requirement to 35 pounds per square foot. Both the Structural Engineer and WPublic Data\Arena\201 I WinutesA 0- 10-2011 Minutes.doc 45 Monday, September 12, 2011 Page 2 of 2 Architect agree the only reasonable option is to simply replace the roof with a like product. Adding a small amount of rigid foam insulations exceeds the roof design and 1" would only add an R5. The Architect will develop specifications for the job and bid it for approval at the November or December meeting. When the bid comes in, staff with work with the League insurance to insure their financial support for the hail claim. OLD BUSINESS Sound System: Review sound system quotes as follows: 1st bid Ways Inc. $7,430.00 2°d bid UniTECH $5,990.90 3rd bid. Northern Lights Sound $2,500.00 Discussed the differences in the bids. Northern Lights and Sound did deviate from the other two quotes and includes two rebuilt speakers which will be located on top of the old locker rooms rather than the type mounted over the ice in front of the crowd. Motion by Weber/Kasel to approve purchase and installation of a sound system from Northern Lights Sound Light and Video Productions in conjunction with Sunset Production at a cost of $2,500 plus sales taxes. Motion carried unanimously. THANKS TO THE STMA SCHOOL: The Board requested special thanks be noted in the minutes for the school funding the sound system upgrade saying that was great! NEW BUSINESS Received an update from Youth Hockey President Scott Berning on the Knights to Remember Fund Raiser. Reported they had 250 plus people and the event was a great success. They said it could have been promoted more and next year they may hold it at another time of year. Also reported Youth Hockey may be taking over pull -tabs at Neighbors in the near future. ADJOURN Motion by Sorensen/Lindquist to adjourn the meeting at 6:40 p.m. Motion carried unanimously. Attest: Larry Kruse, Recording Secretary M:\Public Data\Arena\2011\Minutes\10-10-2011 Minutes.doc 46 JOINT POWERS WATER BOARD MINUTES Regular Meeting of September 26, 2011 6:00 PM JPWT Plant Board Room 6:10 PM Call to Order by Jerry Zachman. Board Members Present: Martin Waters, Dave Malewicki, John Vetsch Board Members Absent: Joe Marx, Mark Meehan Staff Present: Kelly Daleiden, Shelly Keyes, Veolia Water NA; Chris Larson, SEH Staff Absent. None Daleiden requested the addition of File Server Discussion under New Business. MOTION BY MALEWICKI, SECOND BY WATERS TO ADOPT THE AMENDED AGENDA. MOTION CARRIED UNANIMOUSLY. MOTION BY WATERS, SECOND BY MALEWICKI TO APPROVE THE MINUTES OF THE AUGUST 22ND, 2011, REGULAR MEETING. MOTION CARRIED UNANIMOUSLY. MOTION BY MALEWICKI, SECOND BY WATERS, TO APPROVE THE CONSENT AGENDA AS FOLLOWS: A. RECEIPT OF AUGUST 2011 BALANCE SHEET REPORT B. RECEIPT OF AUGUST 2011 BUDGET REPORT C. RECEIPT OF VEOLIA WATER NA MONTHLY OPERATION FOR AUGUST 2011 D. GREAT NORTHERN BANK OVERPAY REIMBURSEMENT There was no Unfinished Business. In New Business, Daleiden discussed a proposal to purchase a File Server. A File Server will allow staff to transition to electronic records retention and will also hold the billing database. Daleiden explained that with the fulfillment of the current copier lease, it makes sense to connect the copier to a file server for efficiency in document storage. Quotes for the new copier were obtained both with and without a file server included. The advantage of purchasing the file server through Veolia Water is the connection to the Network Operations Center which allows for nightly backups and corporate support without additional costs. The quote from CDW with Veolia Water NA pricing was $2,748.49 for hardware and 13 hour/5 day weekly support. General discussion followed. MOTION BY MALEWICKI, SECOND BY WATERS TO APPROVE THE PURCHASE OF A FILE SERVER FROM CDW. MOTION CARRIED UNANIMOUSLY. Under Engineering, Larson provided an Aquifer Storage and Recovery (ASR) update. Larson explained the EPA requires an annual letter from the Joint Powers Water Board providing a record of financial ability to plug or abandon the ASR Injection Well 9 if it were necessary. Larson added the letter is in lieu of an escrow account valued at $70,000. Zachman asked where that number was derived and Larson explained the escrow amount is determined by quotes provided by Traut Wells for the cost of abandonment of Well 9 and any monitoring wells. Daleiden explained the EPA classifies ASR wells as injection wells but Joint Powers could still utilize it as a regular municipal well if the ASR permit was denied. General discussion followed. MOTION BY MALEWICKI, SECOND BY WATERS TO APPROVE THE EPA 47 JOINT POWERS WATER BOARD MINUTES Regular Meeting of September 26, 2011 6:00 PM JPWT Plant Board Room FINANCIAL RESPONSIBILITY DOCUMENT AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Under Operations/Office, there was discussion regarding the Great Northern Bank overpay. Waters asked if there is any regular monitoring of accounts to avoid the situation again. Daleiden explained several billing reports are reviewed each billing cycle, but the meter was programmed incorrectly from the installation date so it didn't flag as an exception. Larson suggested auditing certain accounts that have high usage on a regular basis and Keyes agreed. Keyes added that Lisa Baskfield, CPA, also reviewed the documents to make sure the adjustments were handled properly from an accounting standpoint. No action required by the Board. The Board reviewed the list of claims. Malewicki asked about Wright County Highway Department payment and Daleiden explained it was the final payment for the County Road 19 Road Improvement Project completed over the last few years. MOTION BY VETSCH, SECOND BY WATERS, TO APPROVE THE LIST OF CLAIMS AS PRESENTED. MOTION CARRIED UNANIMOUSLY. There was no Other Business/Announcements/Correspondence- MOTION BY MALEWICKI, SECOND BY WATERS TO ADJOURN THE MEETING AT 6:38 PM. MOTION CARRIED UNANIMOUSLY. Shelly Keyes, Recording Secretary A�Ibcrtvillc Smefl Town Uvbm- Bin Citu life. PLANNING and ZONING COMMISSION Extract of MINUTES October 11, 2011 Albertville Council Chamber PUBLIC HEARINGS 7:00 PM APPROVE AN AMENDMENT TO THE PRAIRIE RUN PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 1-13, BLOCK 2, PRAIRIE RUN ADDITION CHANGING THE REQUIRED SETBACK TO ACCOMMODATE A VARIETY OF HOUSE DESIGNS FOR THESE LOTS Chair Kocon opened the public hearing at 7:03 p.m. City Planner Brixius stated that in 2004 Dean Johnson submitted a Development Application for a residential layout in the southern part of Albertville off of CSAH 18 otherwise known as Jason Avenue NE. The lots within Block 2 of the development were smaller lot sizes that were designed for a specific unique housing style with garages in the rear yard. Access to these homes would be via a private driveway with a cul-de-sac, which would be maintained by a Homeowners' Association. The approval was by Planned Unit Development (PUD) that allowed restricted amenities, one being a 30-foot wide driveway that does not meet the standard street width. Since City Council approval there have been only three (3) lots sold and have had homes constructed on them. With the real estate market turndown the developer, Dean Johnson, let it go. There was a litigation between Gold Key Development and the City of Albertville. As an outcome of the litigation the City became owners of ten (10) of the thirteen (13) lots in Block 2, Prairie Run Addition. Brixius shared that in review of the economy and the prior storms, the original housing design needs to be re -defined allowing the housing pads for each of the lots to accommodate a variety of house styles. There are a few lots that may require slab on grade homes to meet the high water level elevations. Brixius reviewed the five (5) key points being proposed for the conceptual house foot print. The list of alterative designs follows: Front Yard Setback. Twenty feet (20') from the principal structure. This is slightly larger than the original setback of seventeen feet (17'). Reducing the front yard setback M:APublic Data\City Council\Council Packet information\201 1\1 1 07 201 1\1 107 2011 Consent-M 10-11-11 PZ draft.doc Agenda Item No. 6.L. Meeting Date November 7, 2011 City of Albertville Planning & Zoning Commission Minutes October 11, 2011 Page 2 of 4 by three feet (3') will not have a negative impact on the existing homes. Increasing the setback will provide space for snow storage and traffic sight lines. 2. Garage Front Yard Setback. Similar to standards in the Towne Lakes subdivision, the City would recommend a minimum twenty-five foot (25') setback from garage door to the front lot line. Moving the garage back an additional five feet (5') reduces the visual impact of the outdoor parking on the driveway, snow storage, and visibility for motorists. 3. Side Yard Setback. The original Planned Unit Development (PUD) that was approved had a ten foot (10') side yard setback. The platted side yard setback is acceptable; however, the City wanted to provide additional building space. It is the Planning and Zoning Commission along with the City Council's decision to consider a ten foot/five foot (10'15') standard. Between principal building (or living space) the side yard would be ten foot (10'). It if is garage to garage the side yard would be a five foot (5') setback. 4. Rear Yard Setback. Lots 3-6, Block 2, back up to CSAH 18 (Jason Avenue NE). According to the original plat it provided a landscaped buffer yard to screen these homes. To remain consistent with the plat approval, staff is recommending maintaining a fifty foot (50') rear yard setback from CSAH 18 (Jason Avenue NE). Lots 8-13, Block, have lot depths that extend into adjacent wetlands and drainage ditches. These lots were originally approved without a designated wetland buffer(s). Staff is proposing a minimum structure setback from the wetland boundary. An alternative would be to design a ten foot (10') structure setback from the wetland boundary. In addition to the ten foot (10') wetland setback, within the space vegetation is to be planted that would provide a ten foot (10') filter strip beyond the wetland boundary. 5. Building Elevations. Within the 2005 Albertville Municipal City Code Appendix A (Zoning Ordinance) Section 1000.9 establishes the City's minimum structure elevations: "I. For structure adjacent to ponds, wetlands, ditches, and other water bodies: all low opening elevations shall be at least two feet (2 ) above the 100 year flood level known as High Water Level (HWL); all low floor elevations shall be at least one foot (I ) above Normal Water Level (NWL); all low openings shall be at least two feet (2 ) above the Emergency Overflow (EOF). " Brixius noted that all houses built within the Prairie Run Addition must meet these structure elevation standards. Since Lots 8-13, Block 2 butt up against the wetlands and the ditch, these homes may not be able to have a basement; therefore, suggest they be slab on grade. Brixius summarized, staff s alternative design promotes a more traditional neighborhood that allows flexibility in housing styles and individual lot capability. In addition, staff is recommending negotiating a sale of Lot 13, Block 2 with Majestic Builders. Majestic Builders may want to examine the lot with the aforementioned new standards to determine if it meets their needs. Chair Kocon shared that he is familiar with the development site. Kocon expressed strong concerns with the interior lots that butt up against the wetlands as well as those in the cul-de-sac M:\PublieData\CityCouncil\CounciI Packet information\2011\1l 07 2011\1l 072011 Consent-M 10-11-11 PZ draft. doe Agenda Item No. 6.Lo Meeting Date November 7, 2011 50 City of Albertville Planning & Zoning Commission Minutes October 11, 2011 Page 3 of 4 that have wetland in the rear yard. Kocon noted that during 2003 and in about 2006 and 2007 there was amountable rainfalls that caused flooding issues in the area. Kocon recommended going with staff s thought of slab on grade for Lots 8-13, Block 2. If the people that buy the lots decide they want to construct a basement they are sure to have water problems. Chair Kocon opened the discussion to the Commission members to hear their reaction and response to the proposed improvement in the Prairie Run Addition. Brixius acknowledged Kocon's concern with the water that has been of a concern for Albertville. The stormwater detention pond on the STMA School property to the west was designed to help take care of future flooding in the area. Brixius demonstrated that staff s alternative design allows for a slightly larger building pad for these homes to potentially accommodate the slab on grade home. Brixius commented that the homes in the area may be smaller than usual homes, which will appeal to a select area of individuals interested in this style of home. Kocon continued to share his concern with this development, even more so hearing that these are City owned lots. Kocon wants to make sure both the City and the future/potential buyer will be satisfied with the structure that will be allowed or restricted to. He doesn't want to hear the new homebuyer is experiencing water problems in the lower level. Council liaison Wagner agreed with Kocon about putting the flood elevations in the Developer's Agreement. That way, when the builder submits the building permit the City or Building Official will have the documentation to demonstrate the flood elevations for the area. Wagner continued by adding the comment that this may not be the best solution, but is being upfront with the condition of the lots that are below grade so additional fill will be needed prior to construction of a house. City Engineer Nafstad was in the building and shared with the Planning and Zoning Commission that the four (4) lots to the north of Block 2 are buildable lots. Nafstad confirmed that these will; however, need to be limited to structures on grade. These homes will not be able to accommodate a basement. Chair Kocon opened the discussion of the public hearing to obtain comments from the general public. There were no members of the public attending the meeting. Chair Kocon closed the public hearing at 7:40 p.m. P&ZCMs Olson/Lindberg motioned to approve an Amendment to the Prairie Run Developer's Agreement Planned Unit Development (PUD) for Lots 1-13, Block 2, Prairie Run Addition changing the required setback to accommodate a variety of house designs for these lots with the City Planner's and Building Official/Zoning Administrator's recommendations in the October 2, 2011 Report that included the following: M:\PublicData\CityCouncil\CounciI Packet information\2011\11 07 2011\11 072011 Consent-M 10-11-11 PZ draft.doc Agenda Item No. 6.L• Meeting Date November 7, 2011 51 City of Albertville Planning & Zoning Commission Minutes October 11, 2011 Page 4 of 4 1. The Planning and Zoning Commission has determined and City Council must determine that the proposed garage roofing must be the same material and consistent with the existing roof on the balance of the single-family home. The roof slope must be increased in order to accommodate shingles and to be compliant with building code and specifications. 2. No Home Occupation or commercial business shall be operated out of the residential garage. 3. The lowest floor elevation shall be no lower than as identified by the City Engineer, and the floor elevation shall be identified to be consistent with the requirement prior to any construction past the foundation top of block (at the threshold of the rear overhead door). Motion carried unanimously. ADJOURN P&ZCMs Totman/Lindberg motioned to adjourn the October 11, 2011 regular Planning and Zoning Commission meeting at 7:45 p.m. Motion carried unanimously. M:APublic Data\City Council\Council Packet information\2011\11 07 2011\11 072011 Consent-M 10-11-1 l PZ draft.doc Agenda Item No. L. Meeting Date November 7, 2011 52 • BO L—TOIV & M F== IV K Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: November 3, 2011 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Albertville Engineer Subject: Project Status Update The following is a brief project status update as of November 3, 2011: I-94 Westbound Collector Distributor Road MnDOT District 3 has submitted the final plans and supporting information to their Central Office for final review, preparation of the municipal agreement, and authorization to bid. Multiple units at Central Office will be reviewing the plan and we have been told we will have any comments back by the end of November. A late January bid opening is anticipated with a public hearing on the improvements to follow. On Monday, November 7`h, staff will be meeting with MnDOT to discuss the relocation of the AT&T utilities. MnDOT is currently in the midst of a project to relocate and upgrade the fiber optic system they lease from AT&T, which is part of the fiber we are going to relocate. The purpose of the meeting will be to coordinate the work and come to an understanding of how the work is to proceed. 2. 2011 Street Improvements All work has been completed. Staff will be reviewing the work for any needed corrections. 3. CSAH 19 Traffic Sign The flashing yellow left signal head improvements at CSAH 37 and 19 are scheduled to be installed on Wednesday the 301h of this month. 4. Miscellaneous Work Items In ProjZress • Karston Cove 3rd Discussions • 2010 Street Improvement Project Close-out • STMA Arena Concepts • Building Permit Reviews • Ditch No. 9 Survey (pending Council approval) • Towne Lakes Wetland Mitigation Acceptance I will be at your November 71h City Council meeting to discuss any questions concerning these and/or other projects taking place in town. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 53 54 ,lb£rtvlll £ Mayor and Council Communication Smog Town Whop. Big My ufs. November 2, 2011 SUBJECT: FINANCE DEPARTMENT — APPROVAL OF THE 2011 CERTIFICATION OF UNCOLLECTED UTILITY BILLS AND INVOICES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO approve Resolution No. 2011-032 entitled a Resolution Certifying the 2011 Uncollected Utility Bills and invoices to Wright County for Collection with Real Estate Taxes. BACKGROUND: On an annual basis, it is the City's procedure to send notification to residents, developers, and other business owners that there are outstanding utility bills or invoices, allowing them sufficient time to pay such fees owed to the City. If such outstanding debt has not paid before November 15, 2011 the City has the ability to certify such outstanding debt to the appropriate property that would be collected with the Real Estate Taxes. KEY ISSUES: The key issue regarding the outstanding debt is allowing the City to certify it to the property taxes ensuring collection. POLICY CONSIDERATIONS: It is the City's policy to review and authorize staff to certify uncollected utility bills and outstanding invoices to Wright County for Collection with Real Estate Taxes. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of Certification list, which would be updated as payments are received up until June. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to authorize staff to certify pursuant to Minnesota State Law, which requires uncollected utility bills and invoices are paid in a timely manner, generally within 60 days unless one party determines dispute the billing. Submitted through: Larry Kruse, City Administrator Department/Responsible Person: Administration/Finance/Tina Lannes, Finance Director Attachments: Draft Resolution 2011-032 M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Finance Certification of Outstanding UBs & invoices RCA.doc Agenda Item No.: / .F. I. Meeting Date: November 7, 2011 Mayor and Council Communication —November 2, 2011 Finance — Delinquent UBs and Invoices Page 2 of 7 Property Name Amount Parcel # Address Assessment 11563 57th Aurora Loan Services, LLC $325.09 101-013-002010 Street Weed Elimination Prairie Run lots Alpine Capital $4,184.66 various 15 Weed Elimination 5215 Lansing BAC Home Loans $106.64 101-035-001030 Circle Vacant Prop Reg BAC Home Loans $107.76 101-097-002070 10556 62nd St Weed Elimination BAC Home Loans $594.51 101-042-001030 6355 Kahler Dr Weed Elimination BAC-FL $595.41 101-097-002070 10556 62nd St Weed Elimination 10445Jason BAC Fields Services Inc $50.42 101-084-001010 Lane Vacant Prop Insp 10583 Karston Citi Mortgage $704.05 101-054-001060 Ave Weed Elimination Federal Natl Mtg Assn $100.00 101-071-003260 10393 51st Ct Vacant Prop Reg 10583 Karston Hooper Group $704.05 101-054-001060 Ave Weed Elimination Pubhouse 19 $46.14 5651 LaCentre Licenses Patty 1's $262.58 5262 Kyler Ave Consultant Fees 5497 Lambert Ron & Robin Ronquist $106.88 Ave Weed Elimination Chris & Laura Rooker $327.75 101-081-001070 5093 Kahl Weed Elimination 10664 Kalland Chris Rustand $271.99 101-040-003130 Drive Weed Elimination 5541 Lannon Nancy Vogel $267.19 101-011-005070 Ave Weed Elimination Name Amount UB Account Property Address Assessment MORRIS 150.33 81-00006600-00-1 10101 KARSTON COVE NE UB HOGAN 179.49 81-00006640-00-3 10117 KARSTON COVE NE UB MANKOWSKI 276.43 81-00003680-00-8 10135 KARSTON AVENUE NE UB HASSAN 112.68 81-00003500-00-7 10177 KARSTON AVENUE NE UB INTRIERI 132.55 81-00007270-00-3 10200 KARSTON COURT NE UB FATEEV 153.84 81-00003470-00-1 10202 KARSTON AVENUE NE UB HASTINGS 98.14 80-00001590-00-5 10215 KALI AVENUE NE UB BRILL 192.94 81-00007250-00-7 10218 KARSTON COURT NE UB MURSCHEL 156.68 81-00003420-00-6 10220 KARSTON AVENUE NE UB KNUTSON 609.40 81-00003380-00-7 10236 KARSTON AVENUE NE UB HENSCHELL 141.61 80-00002770-00-2 10237 49TH STREET NE UB DRAKE 144.74 81-00003280-00-0 10265 KARSTON AVENUE NE UB PALMER 168.70 80-00001740-00-4 10288 KALI AVENUE NE UB LITZAU 197.07 80-00002930-00-4 10301 49TH STREET NE UB M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Finance Certification of Outstanding UBs & invoices RCA.doc Agenda Item No.: 7.F.1. Meeting Date: November 7, 2011 Mayor and Council Communication -November 2, 2011 Finance - Delinquent UBs and Invoices Page 3 of 7 McALOON 124.49 80-00002430-00-9 10308 52ND STREET NE UB MITCHELL 98.77 81-00003150-00-4 10309 KARSTON AVENUE NE UB SENEZONGSA 32.21 00-00003120-02-6 10314 KARSTON AVENUE NE UB BARFOUR 172.70 80-00002420-00-6 10315 52ND STREET NE UB FREEMAN 256.14 81-00007080-00-2 10326 KARSTON AVENUE NE UB ANDERSON 174.78 81-00007120-00-1 10346 KARSTON AVENUE NE UB NORBY 312.19 81-00007140-00-7 10354 KARSTON AVENUE NE UB KROELLS 107.83 81-00002790-00-9 10390 62ND STREET NE UB PATERSON 340.53 81-00002990-00-3 10413 61ST STREET NE UB HAAKENSON 152.34 81-00007540-00-5 10428 KARSTON AVENUE NE UB PAGE 123.40 81-00004410-00-2 10430 64TH LANE NE UB BANK OF AMERICA 183.38 81-00002720-00-8 10433 62ND STREET NE UB BINIEK 115.46 80-00001890-00-6 10435 KALI AVENUE NE UB KIPHUTH 219.98 00-00004430-03-2 10436 64TH LANE NE UB HOLASEK 166.45 81-00004450-00-4 10442 64TH LANE NE UB HOLVIS 516.94 80-00000400-00-2 10445 JASON LANE NE UB JOHNSON 240.74 80-00003710-00-3 10446 49TH STREET NE UB BUHL 299.60 81-00007590-00-0 10450 KARSTON AVENUE NE UB TUPPER 261.05 81-00007710-00-0 10452 KARSTON CIRCLE NE UB PETITE 148.94 81-00001060-00-2 10453 61ST STREET NE UB WHITE 163.01 80-00000380-00-9 10459 JASON LANE NE UB HANSEN 171.04 80-00002110-00-2 10465 51 ST COURT NE UB DALCHOW 121.87 81-00004530-00-5 10466 64TH LANE NE UB MAEYAERT 170.85 81-00001040-00-6 10479 61ST STREET NE UB BANK OWNED 102.67 80-00002090-00-9 10481 51 ST COURT NE UB WOLFE 166.78 80-00002180-00-3 10484 52ND STREET NE UB ERSLAND 153.90 80-00000340-00-7 10487 JASON LANE NE UB WILLIAMS 209.38 80-00002040-00-4 10508 51ST COURT NE UB MEYER 119.01 81-00004632-00-4 10509 64TH LANE NE UB YONKEE 140.75 81-00004650-00-8 10515 64TH LANE NE UB CURRENT 239.84 81-00006090-00-6 10536 64TH WAY NE UB BANK OWNED 137.01 81-00002260-00-5 10556 62ND STREET NE UB FORMO 226.55 81-00002230-00-6 10563 62ND STREET NE UB JOHNSEN 135.10 81-00007960-00-9 10579 KARSTON AVENUE NE UB BROWN 84.88 00-00003230-02-6 10584 50TH COURT NE UB NELSON 148.32 81-00009291-00-8 10590 58TH STREET NE UB SKOMOSOYZOG 100.20 81-00005890-00-3 10599 64TH LANE NE UB ROSAS 331.19 81-00008060-00-5 10601 KARSTON AVENUE NE UB GRUENWALD 215.88 81-00008800-00-3 10614 KARSTON AVENUE NE UB PETERS 152.84 81-00001230-00-7 10618 KAHLER CIRCLE NE UB KIRSCHER 223.47 81-00001390-00-2 10621 62ND STREET NE UB M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Finance Certification of Outstanding UBs & invoices RCA.dovc /� Agenda Item No.: .F.1. Meeting Date: November 7, 2011 57 Mayor and Council Communication -November 2, 2011 Finance - Delinquent UBs and Invoices Page 4 of 7 ZEZZA 265.86 81-00008980-00-4 10628 56TH STREET NE UB ADEWALE 163.40 80-00003520-00-2 10635 49TH STREET NE UB NIX 182.34 81-00000157-00-4 10635 KALLAND DRIVE NE UB VERNESS 145.17 81-00009000-00-6 10650 56TH STREET NE UB WALKER 116.45 81-00009380-00-1 10664 58TH STREET NE UB RUSTAND 98.14 81-00001590-00-6 10664 KALLAND DRIVE NE UB CHROBAK 160.94 81-00009150-00-8 10666 57TH STREET NE UB DRISCOLL 119.17 81-00009010-00-9 10667 56TH STREET NE UB CARLSON 289.74 00-00009010-05-9 10667 56TH STREET NE UB CAVALLIN 136.02 91-00000050-00-3 10679 KARSTON AVENUE NE UB EIDEN 133.62 81-00008660-00-7 10697 KARSTON AVENUE NE UB GAGNE 208.65 81-00001680-00-0 10700 KALLAND DRIVE NE UB BURNS 189.74 81-00008650-00-4 10702 KARSTON AVENUE NE UB ANDRESIK 147.37 81-00001720-00-9 10730 KALLAND DRIVE NE UB HARRIS 31.59 00-00001720-00-4 10730 KALLAND DRIVE NE UB DECKERT 152.13 81-00009080-00-0 10739 57TH STREET NE UB SHERMAN 128.42 81-00009850-00-7 10759 57TH STREET NE UB WNUK 242.48 81-00009470-00-5 10761 58TH STREET NE UB LAMBRES 178.33 00-00000640-07-5 10831 KANTAR COURT NE UB KMECT 459.02 91-00000180-00-9 10883 53RD STREET NE UB SERVICE 228.02 87-00000220-00-1 11108 60TH STREET NE UB KELLY 143.42 87-00002570-00-5 11205 68TH STREET NE UB HOFLER 137.87 85-00000750-00-3 11211 54 1/2 ST NE UB MZEZEWA 101.73 87-00002710-00-1 11235 69TH STREET NE UB HYDE 74.62 00-00002710-02-6 11235 69TH STREET NE UB MENTOE 295.95 87-00002730-00-7 11247 69TH STREET NE UB COMMUNITY 11250 WEST LAKETOWNE DRIVE ASSOC. 3,278.71 87-00001635-00-6 NE UB SONNEBERG 115.58 87-00000150-00-3 11342 60TH STREET NE UB TARR 306.07 85-00002130-00-3 11398 54TH STREET NE UB SCHMIDT 205.63 85-00002140-00-6 11415 54TH STREET NE UB ODEGARD 112.76 00-00000120-08-7 11420 60TH STREET NE UB KASSUBE 527.26 87-00000110-00-1 11423 60TH STREET NE UB BRENNAN 103.91 85-00002310-00-1 11424 53RD STREET NE UB LITWILLER 183.74 85-00002370-00-9 11436 53RD COURT NE UB 11474 WEST LAKETOWNE DRIVE BURROUGHS 398.89 87-00000590-00-3 NE UB KILIAN 99.45 85-00002230-00-0 11496 53RD STREET NE UB ON 76.60 85-00007470-00-1 11563 57TH STREET NE UB HALLER 121.33 85-00004361-00-5 11565 50TH STREET NE UB BACKMAN 210.93 85-00004371-00-8 11577 50TH STREET NE UB JOOS 106.70 85-00004470-00-4 11589 51 ST STREET NE UB LANE 540.89 85-00005920-00-3 11646 54TH STREET NE UB M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Finance Certification of Outstanding UBs & invoices RCA.docc Agenda Item No.: / .F.1. Meeting Date: November 7, 2011 Mayor and Council Communication -November 2, 2011 Finance - Delinquent UBs and Invoices Page 5 of 7 11646 BARTHEL INDUSTRIAL MEATS 302.80 86-00000040-00-2 DRIVE NE UB WINDSPERGER 146.20 85-00005890-00-7 11651 54TH STREET NE UB 11681 EAST LAKETOWNE DRIVE BREIWIK 211.50 87-00000870-00-8 NE UB 11692 EAST LAKETOWNE DRIVE SHIELDS 182.12 87-00000900-00-4 NE UB PETERSON 195.17 85-00006690-00-2 11730 57TH STREET NE UB SAMMONS 137.03 85-00006470-00-2 11741 55TH STREET NE UB W.B.E., INC. 108.44 87-00000200-00-5 11800 LACHMAN AVENUE NE UB SHIPP 110.09 00-00005030-00-4 11800 LARABEE CIRCLE NE UB MOEN 484.26 85-00005190-00-8 11805 LASALLE CIRCLE NE UB PRASHAD 141.80 85-00006540-00-0 11810 55TH STREET NE UB KNUTSON 137.57 20-00000005-01-4 12183 59TH CIRCLE NE UB PAULING 137.57 20-00000019-01-1 12440 58TH STREET NE UB GILBERT 137.57 20-00000021-01-6 12445 58TH STREET NE UB SNAZA 213.57 80-00002800-00-8 4904 KAHLER BAY NE UB GROW 24.66 00-00003600-00-9 4932 KALENDA AVENUE NE UB HRDLICHKA 164.32 80-00004341-00-4 4935 KASSEL AVE NE UB FLAKNE 139.42 80-00002610-00-7 4936 KAGAN AVENUE NE UB BRAUN 260.65 80-00004270-00-5 4972 KASSEL AVENUE NE UB LUONGVAN 111.78 80-00004230-00-3 4984 KAMA LANE NE UB CORBIN 156.48 85-00004120-00-8 5014 MAIN AVENUE NE UB ROBARAGE 552.94 00-00001440-06-7 5093 KAHL AVENUE NE UB BANK OWNED 304.59 80-00001960-00-4 5107 KALI AVENUE NE UB PRAUGHT 131.81 80-00001990-00-3 5139 KALI AVENUE NE UB NOTARGIACOMO 278.93 80-00001290-00-4 5144 KAHL AVENUE NE UB AROLA 234.50 85-00004970-00-9 5163 LANNON AVENUE NE UB PEAVEY 121.65 80-00001240-00-9 5219 KAHL AVENUE NE UB PAGENKOPF 572.17 83-00000290-00-8 5223 KALI COURT NE UB GUSTAFSON 101.96 85-00005120-00-7 5224 LANNON AVENUE NE UB SWANSON 214.06 00-00000330-06-8 5226 KALI COURT NE UB DOUGHMAN 175.51 85-00005570-00-0 5226 LANSING CIRCLE NE UB HATHAWAY 353.38 83-00000320-00-4 5227 KALI COURT NE UB PEARSON 137.12 85-00003980-00-3 5228 53RD CIRCLE NE UB SCHWIESOW 308.91 83-00000370-00-9 5234 KALI COURT NE UB D'S FAMILY PIZZA 222.88 83-00000540-00-4 5262 KYLER AVENUE NE UB JOHNSON 175.31 81-00008390-00-5 5305 KAHLER DRIVE NE UB KOLEHMAINEN 337.33 00-00001160-02-0 5328 KAHL AVENUE NE UB RITTERMAN 219.63 80-00001060-00-1 5346 KAHL AVENUE NE UB NELSON 249.31 91-00000150-00-0 5395 KALI AVENUE NE UB LARSON 111.94 81-00008440-00-7 5403 KALENDA DRIVE NE UB FOLLAH 216.30 91-00000530-00-2 5419 KALI AVENUE NE UB WHITLEY 193.90 81-00010240-00-4 5422 KALLAND AVENUE NE UB M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Finance Certification of Outstanding UBs & invoices RCA.doc Agenda Item No.: 7.F.1. Meeting Date: November 7, 2011 Mayor and Council Communication -November 2, 2011 Finance - Delinquent UBs and Invoices Page 6 of 7 GUSTATSON 198.48 81-00008500-00-2 5432 KALENDA DRIVE NE UB JOHNSON 161.75 80-00001100-00-0 5433 KAHL AVENUE NE UB HANSEN 174.31 80-00001140-00-2 5436 KAHL AVENUE NE UB CAMMARN 212.56 91-00000480-00-0 5438 KALI AVENUE NE UB ENGA 187.85 91-00000280-00-6 5448 KALLAND AVENUE NE UB HENDRICKSON 214.38 91-00000310-00-2 5453 KALLAND AVENUE NE UB CARLSON 184.72 91-00000470-00-7 5455 KALI AVENUE NE UB LEE 104.66 91-00000440-00-8 5462 KALI AVENUE NE UB STENBERG 158.13 81-00010070-00-9 5478 KALENDA DRIVE NE UB NORBY 147.97 81-00008580-00-6 5486 KALENDA DRIVE NE UB CARR 262.54 85-00001250-00-7 5492 LAMBERT AVENUE NE UB ORTMAN 537.38 80-00000950-00-2 5501 KAGAN AVENUE NE UB RYKAL 128.13 80-00000570-00-0 5514 JASON COURT NE UB WICK 250.22 81-00008130-00-3 5517 KAHLER DRIVE NE UB LOPEZ 172.41 85-00000640-00-3 5526 LACHMAN AVENUE NE UB SCHWARTZ 502.34 81-00008100-00-4 5534 KAHLER DRIVE NE UB MORNEAU 204.31 81-00009990-00-6 5537 KALENDA DRIVE NE UB DALEIDEN 102.66 85-00006790-00-9 5547 LANNON AVENUE NE UB WOSTREL 370.71 81-00008080-00-1 5548 KAHLER DRIVE NE UB AVERY 184.85 85-00006780-00-6 5552 LANNON AVENUE NE UB BRIGGS 346.51 85-00006260-00-5 5553 55TH CIRCLE NE UB DONAHUE 199.06 81-00009950-00-4 5569 KALENDA DRIVE NE UB LARSON 98.11 85-00000480-00-1 5597 LACHMAN AVENUE NE UB HOLLERMAN 101.82 81-00009900-00-9 5602 KALENDA DRIVE NE UB WORTMAN 246.19 91-00000970-00-2 5605 KALLAND AVENUE NE UB WENELL 175.46 85-00000460-00-5 5624 LACHMAN AVENUE NE UB STRAND 154.57 85-00006710-00-5 5627 LANNON AVENUE NE UB VOLKMANN 258.00 91-00001020-00-3 5671 KALLAND AVENUE NE UB YOUNGDAHL 194.18 85-00001600-00-0 5697 LANDER AVENUE NE UB HUGHES 141.86 81-00009530-00-0 5747 KALLAND AVENUE NE UB LEWIS 264.31 81-00009540-00-3 5774 KALLAND AVENUE NE UB ARNLUND 98.08 81-00009580-00-5 5844 KALLAND AVENUE NE UB GENZ-WALL 150.50 81-00009590-00-8 5868 KALLAND AVENUE NE UB STAN'S STORAGE 335.25 20-00000030-01-8 5940 LABEAUX AVENUE NE UB HEFFELSINGER 110.44 81-00000370-00-7 5970 KALLAND CIRCLE NE UB PHRACHOMPHONH 454.13 87-00000340-00-4 6041 LARGE AVENUE NE UB CAPLES 188.23 81-00000450-00-8 6067 KALLAND DRIVE NE UB LOZANO 113.92 81-00000240-00-1 6083 KALLAND CIRCLE NE UB ADIKE 414.11 81-00001160-00-9 6111 KAHLER DRIVE NE UB ANDERSON 575.51 81-00002430-00-0 6115 KAITLIN AVENUE NE UB ODENBRETT 99.07 81-00000700-00-4 6116 KALENDA LANE NE UB M:\Public Data\Requests for Council Actions (RCA)\201 1\1 107 2011 Finance Certification of Outstanding UBs & invoices RCA.docc Agenda Item No.: / .F.1. Meeting Date: November 7, 2011 Mayor and Council Communication -November 2, 2011 Finance - Delinquent UBs and Invoices Page 7 of 7 VICE 160.77 81-00000160-00-0 6127 KALLAND DRIVE NE UB HAYES-STICH 2O1.61 81-00002900-00-6 6128 KARMEN AVENUE NE UB DUFFY 145.21 81-00000670-00-8 6139 KALENDA LANE NE UB BENSON 334.53 81-00000180-00-6 6139 KALLAND CIRCLE NE UB STINE 164.09 81-00000150-00-7 6139 KALLAND DRIVE NE UB CONRAD 263.74 81-00007030-00-7 6202 KARSTON DRIVE NE UB THURMA 151.72 81-00002360-00-2 6220 KAITLIN AVENUE NE UB ENGSTROM 351.18 81-00006940-00-4 6221 KARSTON DRIVE NE UB TURNER 129.52 81-00002160-00-8 6229 KAHLER DRIVE NE UB STOLP 188.23 81-00006780-00-2 6249 KARSTON DRIVE NE UB HEIEIE 299.71 81-00002320-00-0 6256 KAITLIN AVENUE NE UB GUSTAFSON 121.31 81-00000640-00-9 6260 KALENDA LANE NE UB VANDUSEN 122.04 81-00002100-00-0 6277 KAHLER DRIVE NE UB THOMAS 122.62 81-00002090-00-0 6285 KAHLER DRIVE NE UB SYLVERS 218.34 81-00002005-00-8 6376 KAHLER DRIVE NE UB HILL 625.25 81-00002000-00-3 6379 KAHLER DRIVE NE UB MCLAUGHLIN 113.76 81-00005980-00-7 6388 64TH WAY NE UB ZJA, INC 29.92 00-00004060-07-5 6420 64TH STREET NE UB FROELICH 123.46 81-00004120-00-4 6444 64TH STREET NE UB BAILEY 377.17 87-00000430-00-8 6460 WEST LAKETOWNE DRIVE NE UB ROBERTS 288.80 87-00000440-00-1 6472 WEST LAKETOWNE DRIVE NE UB REESE 256.39 87-00000450-00-4 6475 WEST LAKETOWNE DRIVE NE UB MILLER 137.57 20-00000051-00-2 6593 KADLER AVE NE UB FOURNIER 114.10 87-00001950-00-8 6610 LAMPLIGHT DRIVE NE UB LAWRENCE 346.90 00-00002160-10-0 6652 LINWOOD DRIVE NE UB DEVINE 102.69 87-00001620-00-8 6684 LAMPLIGHT DRIVE NE UB ADAMS 138.43 87-00005580-00-5 6755 67TH STREET NE UB BERGSTRAND 245.50 87-00005310-00-0 6879 67TH STREET NE UB BEH 219.20 87-00005110-00-6 6882 67TH STREET NE UB FAUCHER 287.37 87-00002920-00-8 6898 LAKEWOOD DRIVE NE UB DINAC 204.44 87-00005420-00-0 6966 LYDIA CIRCLE NE UB M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Finance Certification of Outstanding UBs & invoices RCA.docc � / Agenda Item No.: .F.I . Meeting Date: November 7, 2011 61 62 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2011-032 A RESOLUTION CERTIFYING UNCOLLECTED UTILITY BILLS AND INVOICES TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES WHEREAS, the City Council is desirous of collecting all charges for the use of the wastewater treatment facility, the storm water system, water department, and charges for services invoiced; and WHEREAS, the City Council has determined that some sewer, storm water, water accounts remain uncollected and delinquent. Exhibit A attached NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County, Minnesota, hereby directs the Finance Director to certify all uncollected invoices, sewer, storm water, and water, accounts that have not been paid to the City on Tuesday, November, 15, 2011, to the Wright County Auditor for collection with real estate taxes. BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts certified to the tax rolls will be assessed a ten percent (10%) interest charge by the city upon certification and the total assessment will be collectible along with the 2012 taxes. Adopted by the City Council of the City of Albertville this 71h day of November 2011. Mark Meehan, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2011 Resolutions\draft\R 2011-032 (Novi 1 Cert-Deliquent UBs and invoices).doc 63 City of Albertville County of Wright Resolution No. 2011-021. Page 2 Exhibit A FIRST QUARTER 2011 LIST OF UNCOLLECTED UTILITY BILLS AND INVOICES Property 4923 KASSEL AVE. NE 10236 KARSTON AVE. NE 10445 JASON LANE NE 10572 56TH STREET NE 10583 KARSTON AVE. NE 5107 KALI AVENUE NE 6819 LAKEWOOD DR. NE 5020 JASON AVE NE Acct 00-00004360-02-1 81-00003380-00-7 80-00000400-00-2 81-00008920-00-6 81-00007980-00-5 80-00001960-00-4 87-00002390-00-7 Sewer Connection Charge (exempt for 10% ) Balance Parcel ID Type 538.33 101-096-006090 Utility 244.83 101-053-002110 Utility 325.32 101-084-001010 Utility 422.11 101-045-009110 Utility 267.81 101-054-001060 Utility 190.17 101-071-003360 Utility 298.82 101-102-005110 Utility Sewer 4,750.00 101-103-001160 Connection M:\Public Data\Resolutions\2011 Resolutions\draft\R 2011-032 (Novi 1 Cert-Deliquent UBs and invoices).doc ■E Nbcrtville Mayor and Council Communication if November 3, 2011 SUBJECT: ENGINEERING - I-94 WEST BOUND COLLECTOR DISTRIBUTOR ROAD IMPROVEMENTS RECOMMENDATION: It is respectfully requested that the Mayor and the Council consider the following motion: Motion to: approve the REIMBURSEMENT AGREEMENT by and between AT&T Corp., on behalf of itself and its affiliated companies and the City of Albertville; and authorizing staff to execute said agreement. SUMMARY: To complete the proposed I-94 West Bound Collector Distributor Road Improvements, it is necessary to relocated buried cable and associated facilities owned and managed by AT&T that will be adversely impacted by the City's proposed construction. The cables to be relocated are commonly referred to as the Connect Minnesota Line, and per MnDOT, AT&T is eligible for relocation reimbursement. Preferably the attached Reimbursement Agreement would be executed after the award of the construction contract. However, given the projected timing of the bid letting and in an attempt to prevent road work delay due to utility relocation work in the spring, it is believed that it is best to execute the agreement now rather than post -award of the construction contract. Relocation of the cables yet this fall may not be possible and is solely dependent on the weather. However, the sooner the agreement is executed the sooner the materials can be ordered and work scheduled by AT&T. Once the agreement is executed, it will take AT&T a minimum of three weeks to obtain permits and materials and at least three more weeks to complete the relocation. Even if the utility relocation cannot be completed this year, it is believed to be best to have the agreement executed so the work can be first priority in the spring. The estimated cost to relocate the utilities is $113,460. KEY ISSUES: The utilities need to be relocated to complete the I-94 WB CD project. The cost of the relocation is estimated to be $113,460. The agreement identifies the roles and responsibilities of each party and commits Albertville to paying AT&T the full amount prior to work commencing. POLICY CONSIDERATIONS: It is City policy for the Mayor and Council to approve all contracts and agreements on the City's behalf. M:\Public Data\Requests for Council Actions (RCA)\2011\1 107 2011 Engineering I-94 AT&T Relocation RCA.doc Agenda Item No.: 7.1.1. Meeting Date: November 7, 2011 Mayor and Council Communication — November 3, 2011 Engineering — AT&T Relocation Agreement Page 2 of 2 FINANCIAL CONSIDERATIONS: The costs associated with the utility relocation are included as part of the total project cost and can be funded through the I-94 Capital Project Monies later to be reimbursed from bond proceeds, and ultimately paid via the bond levy or special assessment levy for the project. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to enter into agreements for the making of municipal improvements. The Agreement is a binding contract, if adopted by the City. Submitted Through: Larry Kruse, City Administrator Department/Responsible Person: Engineering/Adam Nafstad, City Engineer Attachments: Reimbursement Agreement M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Engineering I-94 AT&T Relocation RCA.doc Agenda Item No.: Meeting Date: November 7, 2011 REIMBURSEMENT AGREEMENT This AGREEMENT made this day of , 2011, by and between AT&T Corp., on behalf of itself and its affiliated companies, which has a place of business at 3001 Cobb Parkway, Atlanta, GA 30339 ("AT&T") and the City of Albertville, 5959 Main Avenue NE, P. O. Box 9, Albertville, MN 55301 ("the City"). WITNESSETH: WHEREAS, AT&T has been granted a permit by the State of Minnesota Department of Transportation ("the Permitted Area"); and WHEREAS, the City proposes to realign the Interstate 94/CSAH 37 exit ramp, and construct a collector -distributor road between CSAH 37 and CSAH 19 (the "Project"); and WHEREAS, the Permitted Area and any AT&T buried cable and associated facilities that have been placed within the permitted area will be adversely impacted by the City's proposed construction within the permitted strip; and WHEREAS, the City will reimburse AT&T for AT&T's cost of protecting, relocating and/or lowering a section of the AT&T Plymouth to St Cloud FT B Cable between AT&T Markers 2/1-2/6 and 2/8-2/12 (the "Cable"); NOW THEREFORE, the parties agree as follows: 1. AT&T will provide engineering, plant protection, labor, materials, and supervision necessary to protect, relocate and/or lower the Cable, as deemed necessary in AT&T's sole judgment (the "Work"). The Work is more particularly described in attached Exhibit A. The starting date will be set by the parties so that the Work can be completed as expeditiously as practicable. 2. The City shall pay AT&T, prior to work commencing, the actual cost of the Work, which is estimated to be One Hundred Thirteen Thousand, Four Hundred Sixty Dollars ($113,460.00), as shown on attached Exhibit B. The City acknowledges that the estimated cost does not include rock removal costs and that if rock removal is required, the actual cost may greatly exceed the estimated cost. Upon completion of the Work, AT&T will send a final invoice to the City for the actual cost of the Work. If the actual cost is greater than the estimated amount, the City will pay to AT&T the difference within thirty (30) days from the invoice date. If the actual cost is less than the estimated amount, AT&T shall reimburse the City the difference within sixty (60) days from the invoice date. 3. The City agrees to exercise all due caution while working near the Cable, in order to prevent damage to the Cable. The City agrees: 67 AT&T Relocation Agreement Page 2 of 8 (a) to notify AT&T by telephone at 1-800-252-1133 at least forty-eight (48) hours prior to performing any construction, demolition or repairs at the Cable location; (b) not to use at the Cable location any tool, equipment, or the machinery capable of being operated within ten (10) feet of the Cable without first notifying AT&T representatives and giving such representatives an opportunity to be present during such work; (c) to perform construction, demolition, repair, modifications, additions and any other activities in compliance with all applicable laws and regulations and in a manner that does not interfere with the operations of AT&T; and (d) not to work at the Cable location without AT&T's prior authorization and AT&T's On -Site Work Force personnel being present during the work. 4. The City (the "Indemnifying Party") shall indemnify, defend and hold harmless AT&T (the "Indemnified Party") from and against any and all claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities, costs and expenses (including reasonable attorneys' fees and disbursements) that may from time to time be asserted by third parties against the Indemnified Party because of any personal injury, including death, to any person or loss of, physical damage to or loss of use of real or tangible personal property, to the extent caused by the negligence or misconduct of the Indemnifying Party during the construction of the Project, its agents, employees or contractors. For purposes of indemnifications set forth in this Agreement, "Indemnified Party" means AT&T, its affiliates, subsidiaries, parent, successors and assigns and its and their employees, directors, officers, agents, contractors and subcontractors. The Indemnified Party: 4.1 shall notify the Indemnifying Party in writing promptly upon learning of any claim or suit for which indemnification may be sought, provided that failure to do so shall have no effect except to the extent the Indemnifying Party is prejudiced thereby; 4.2 shall have the right to participate in such defense or settlement with its own counsel and at its own expense, but the Indemnifying Party shall have control of this defense or settlement; and 4.3 shall reasonably cooperate with the defense. 5. AT&T makes no warranties, express or implied, including any implied warranties as to merchantability or fitness for a particular purpose. 6. Notwithstanding any provision of this agreement to the contrary, except as provided in Section 4, in no event shall either party be liable to the other party for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers or of other third parties, occasioned by any cause whatsoever, including, without limitation, breach of contract, breach of warranty, negligence or strict liability. M:\Public Data\Requests for Council Actions (RCA)\201 1\1 107 2011 Engineering- MN -Albertville C-D Road Reim Agreement Clean- ATT070511.doc Agenda Item No.: 7.1.1. Meeting Date: November 7, 2011 W. AT&T Relocation Agreement Page 3 of 8 7. The City shall keep the Cable and other property of AT&T free from all mechanic's, artisan's, material man's, architect's, or similar services' liens which arise in any way from or as a result of its activities related to the Project and cause any such liens which may arise to be discharged or released. 8. Except for payment of the cost of the Work, neither party shall have any liability for its delays or its failure in performance due to: fire, explosion, pest damage, power failures, strikes or labor disputes, acts of God, the Elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, or other causes beyond its control, whether or not similar to the foregoing. 9. A party shall be in default if it fails to perform or observe any material term or condition of this Agreement and the failure continues unremedied for thirty (30) days after receipt of written notice (fourteen (14) days in the case of The City's failure to pay AT&T the estimated and/or actual cost of the Work); provided, however, that when such default (excluding The City's non-payment) cannot reasonably be cured within such thirty (30) day period, this period will be extended if that party promptly commences to cure the same and prosecutes such curing with due diligence. Upon the default by a party, the other party may terminate this Agreement and pursue any legal remedies it may have under applicable law or principles of equity. 10. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. The City shall not assign, transfer, or dispose of this Agreement or any of its rights or obligations hereunder without prior written consent of AT&T; provided, however, that The City may assign or transfer this Agreement to a controlling or controlled affiliate or to a successor in the event of reorganization, including a merger or sale of substantially all of its assets, without the consent of AT&T. An assignment, transfer or disposition of this Agreement by The City shall not relieve The City of any of its obligations under this Agreement. AT&T shall have the right to assign this Agreement and to assign its rights and delegate its obligations and liabilities under this Agreement, either in whole or in party, to any party. An assignment, transfer or disposition of this Agreement by AT&T shall not relieve AT&T of any of its obligations under this Agreement. Neither this Agreement, nor any term or provision hereof, nor any inclusion by reference shall be construed as being for the benefit of any person or entity not a signatory hereto. 11. Any demand, notice or other communication to be given to a party in connection with this Agreement shall be given in writing and shall be given by personal delivery, by registered or certified mail, return receipt requested, or by commercial overnight delivery service addressed to the recipient as set forth below or to such other address or individual, as may be designated by notice given by the party to the other: AT&T: AT&T CORP. 3001 Cobb Parkway Atlanta, GA 30339 Room 162 M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Engineering- MN -Albertville C-D Road Reim Agreement Clean- ATT070511. doc Agenda Item No.: 7.1.1. 1.1. Meeting Date: November 7, 2011 69 AT&T Relocation Agreement Page 4 of 8 Attention: Right of Way Dept. With a copy to: AT&T Corp. One AT&T Way Room 3A118A Bedminster, NJ 07921 Attention: Legal Department - Network Services The City: City of Albertville 5959 Main Avenue NE P. O. Box 9 Albertville, MN 55301 Attn. City Administrator 763.497.3384 Any demand, notice or other communication given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof and if given by registered or certified mail, return receipt requested or by commercial overnight delivery service on the date of receipt thereof. 12. The failure of either party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provision, and said provision shall nevertheless be and remain in full force and effect. 13. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Minnesota without reference to its choice of law principles. 14. Each party represents and warrants that: (a) It has full right and authority to enter into, execute, deliver and perform its obligations under this Agreement; (b) It has taken all requisite corporate action to approve the execution, delivery and performance of this Agreement; (c) This Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms, subject to bankruptcy, insolvency, creditors' rights and general equitable principles; and M:\Public Data\Requests for Council Actions (RCA)\201 1\1 107 2011 Engineering- MN -Albertville C-D Road Reim Agreement Clean- ATT070511.doc vy yy yy Agenda Item No.: Meeting Date: November 7, 2011 70 AT&T Relocation Agreement Page 5 of 8 (d) Its execution of and performance under this Agreement shall not violate any applicable existing regulations, rules, statutes, or court orders of any local, state or federal government agency, court or body. 15. This Agreement constitutes the entire and final agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior oral and written communications, understandings and agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits referred to herein are an integral part hereof and are hereby made a part of this Agreement. This Agreement may only be modified or supplemented by an instrument in writing executed by a duly authorized representative of each party. 16. Each action or claim against any party arising under or relating to this Agreement shall be made only against such party as a corporate, and any liability relating thereto shall be enforceable only against the corporate assets of such party. No party shall seek to pierce the corporate veil or otherwise seek to impose any liability relating to, or arising from, this Agreement against any shareholder, employee, officer or director of the other party. Each of such persons is an intended beneficiary of the mutual promises set forth in this Section 16 and shall be entitled to enforce the obligations of this Section 16. 17. The relationship between the parties shall not be that of partners, agents or joint ventures for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes. The parties, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk. 18. This Agreement and each of the parties' respective rights and obligations under this Agreement shall be binding upon and shall inure to benefit of the parties and each of their respective permitted successors and assigns. 19. No provision of this Agreement shall be interpreted to require any unlawful action by either party. If any section or clause of this Agreement is held to be invalid or unenforceable, then the meaning of that section or clause shall be construed so as to render it enforceable to the extent feasible. If no feasible interpretation would save the section or clause, it shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, in the event such a section or clause is an essential element of the Agreement, the parties shall promptly negotiate a replacement that will achieve the intent of such unenforceable section or clause to the extent permitted by law. 20. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives as of the date first above set forth. M:\Public Data\Requests for Council Actions (RCA)\2011\I 1 07 2011 Engineering- MN -Albertville C-D Road Reim Agreement Clean- ATT070511.doc v� 9 Agenda Item No.: / ..1. Meeting Date: November 7, 2011 71 AT&T Relocation Agreement Page 6 of 8 CITY OF ALBERTVILLE AT&T CORP. By: Name:- Title: — Tax ID: Name: Title: EXHIBIT A THE WORK M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Engineering- MN -Albertville C-D Road Reim Agreement Clean- ATT070511.doc Agenda Item No.: Meeting Date: November 7, 2011 72 AT&T Relocation Agreement Page 7 of 8 The Work is located on the MNDOT ROW along 194 between Hwy 19 and Hwy 37. The Work between AT&T marker Poles 2/8 to 2 /12 - consists of replacing duct and cable by boring Hwy 19 and Hwy 194 - plowing /trenching in 4 new 1.9 SDR 11 HDPE ducts, tying into existing duct and pulling new cable and Tone Wire, AT&T will removing cable once AT&T performs service cutover to accommodate retaining wall adjacent to School Lake Road The Work betweenAT&T Marker Pole 2/1 to 2/6 - consists of lowering approx. 1400 ft. of in- service ducts near Hwy 37 to accommodate new ditch cuts. EXHIBIT B ESTIMATED COST M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Engineering- MN -Albertville C-D Road Reim Agreement Clean- ATT070511.doe Agenda Item No.: 7.1.1. Meeting Date: November 7, 2011 73 AT&T Relocation Agreement Page 8 of 8 Detailed Engineering/ Inspection $ 12.000.00 AT&T Engineering/Plant Protection/ Fiber cable and splicing $ 21,260.00 Construction $ 80,200.00 TOTAL DUE $113,460.00 M:\Public Data\Requests for Council Actions (RCA)\2011\I 107 2011 Engineering- MN -Albertville C-D Road Reim Agreement Clean- ATT07051 Ldoe Agenda Item No.: 7.1.1. Meeting Date: November 7, 2011 74 lb£rtVljj£ Mayor and Council Communication S—N T..n UvWg. Sip £itt, W . 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:\PublicData\Requests for Council Actions (RCA)\2011\10 17 2011 Legal Karston Cove 2nd Amendment RCA.doc Agenda Item No.: / .J .l. Meeting Date: November 7, 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:\PublicData\Requests for Council Actions (RCA)\2011\I0 172011 Legal Karston Cove 2nd Amendment RCA.doc Agenda Item No.: 7.11. Meeting Date: November 7, 2011 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 II Property and all rights to the Developer's Funds have been transferred to Centra North, LLC ("Developer"); 77 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 II 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 II 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 and shall be installed to the City Engineer's reasonable satisfaction; -2- 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 earlier of 1 )the development of the Phase II Property in the future or 2) September 30, 2013. 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 as set forth above, 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; City's Failure to Approve Application. In the event the City does not approve Developer's Application, this Agreement shall not be interpreted to have modified the Development Agreement. Except as expressly provided in this Agreement, the parties reserve all rights, claims, and defenses against each other.City's Failure to A ppr-o-, °c^antion—in the event the City does not a e Appli e-WI-ta , oke nell 'Beintlefpfelle-1 to have modified the Dev4lopment A,_ 1. --PC a o ssl y p ;,sari in this A gfee ent9 the par -ties Fesefve all. elainis against o rel, ethe, [Signature Pages to the City of Albertville, Conditional Second Amendment to Conditional Use/Planned Unit Development Agreement, Karston Cove Third Addition follows] -3- 79 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 ;r CENTRA NORTH, LLC By: 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/063610.0001 Notary Public -5- Signature Page to the City of Albertville, Conditional Second Amendment M. 0 • = BO I —TON 81L. M FEE N K Consulting Engineers & Surveyors 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 Karston Cove 3rd October 11, 2011 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. 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. MAPublic Data\Development Agreements\2011 Karston Cove 3rd (Engineer's memo 10-11-11).doc DESIGNING FOR A BETTER TOMORROW 84 Bolton & Menk is an equal opportunity employer. Karston Cove 3rd /O October 11, 2011 Page 3 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. M:\PublieData\DevelopmentAgreements\2011 Karston Cove 3rd (Engineer's memo 10-11-11).doc DESIGNING FOR A BETTER TOMORROW 85 Bolton & Menk is an equal opportunity employer. LIM • BO L_TON 8L M r-= N K , i "(=, S Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: November 1, 2011 To: Honorable Mayor and City Council Michael Couri, City Attorney Cc: Larry Kruse, City Administrator From: Adam Nafstad, P.E., City Engineer Subject: Karston Cove 3rd Addition — Structure Elevations City of Albertville, MN As requested at the October 7th City Council meeting, I have reviewed the proposed structure elevations of Block 2 of the Karston Cove 3rd Addition plat. Based on the structure elevations depicted on the grading plan, with a revision date of 12/13/04, I offer the following comments: 1. Using the proposed grading plan, known data and the City's storm water model, the following water elevations have been used to review the proposed structure elevations: • Pond 1 & Pond 2: NWL = 961.5, HWL = 963.1 (adjusted from plan) • Wetland 1: NWL = 963.5, HWL = 964.5 (requires outlet swale) • SW Wetland: NWL = 962.00, HWL = 964.21 (not included on plan) It is recommended that the above water elevations be used unless survey work and additional modeling is performed to prove otherwise. Please note, that the calculated water elevations for Ponds 1 & 2 show water elevations overtopping the sidewalk and 64th Street. 2. The DA requires the low opening of the structure to be a minimum of 1-foot above the HWL of adjacent water bodies. Using the above water elevations, all proposed low opening elevations meet this criteria. 3. Current city ordinance (1000.9) requires low openings to be a minimum of 2-feet above the HWL, low floors to be a minimum of 1-foot above the NWL, and all low openings to be at least 2-feet above the emergency overflow. Emergency overflow elevations have not been identified on the plan. Using the above water elevations, and assuming the low floor is 4-feet below the low opening, Lots 6, 7, 8, 9, 14, 15, 16, 17, 22, 23, 24 and 25 are not compliant and would need to be raised to meet current code requirements. The degree of correction needed varies from 0.2 feet to 1.6 feet. In summary, 12 of the 29 do not comply with current City ordinances. Prior to issuance of a building permit, it is recommended that development plans be revised to comply with current freeboard requirements and such that Ponds 1 and 2 do not cause street flooding. Please feel free to contact me with any questions. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer Karston Cove Townhome Association Management Company: ACT Management APPEAL TO THE CITY OF ALBERTVILLE 11/03/2011 After discussions with our attorney, we strongly recommend that the CITY enforce the current agreement already in place. This would be our preferred choice of action and would minimize potential long term negative effects on our community. However, the Karston Cove Board of Directors met on this issue separately as we understand Centra Homes would like to vacate plat. The Board agreed that the option outlined below might be acceptable, albeit their second choice. The Board Members of Karston Cove Townhome Association propose the following to Centra Homes which if approved by Centra Homes and the City Council of Albertville would be sufficient protection and compensation to offset in part, the future financial difficulties which a reduced association will face. While we prefer that the original proposal for the additional 29 units move forward to help maintain a healthy association, we understand that Centra Homes would like to vacate the current plat. The proposed association membership reduction to 32.6% of the Builder's planned community size creates long term inefficiencies. In as much as the Association and its members are and will be long term inhabitants of the City of Albertville, due care should be taken to insure its long term health. What action you take today can insure that all sides can move on in a positive way, without future demand upon City resources. We appeal to you to give as much favor as possible to those who live here now, who must cope with the Builders decision to abandon us. Please provide your kind consideration to the following: 1. The City of Albertville agrees to take over responsibility for the water shed area, its maintenance, liability, taxes, etc. or assign the same to the Builder/owner of land across the street. 2. Closing Costs at the time of sale of the 14 units included two months association fee to build the long term reserves of the association. The Association is due this amount on the 14 units: $223.00 x 2 x 14 = $6,244.00. Amount Due $6,244.00. Note that prior to the current board members taking over the association, there was $0.00 in our account and also we had liabilities that had to be paid to the city (water). The insurance bill was also not paid to date, and lawn and plowing, and garbage services were not being performed. Effectively by the end of 2008 or before the Association Check book had a negative balance. 3. Had the builder completed the remaining 29 units as planned the association would have collected at the time of sale closing an additional amount for its long term reserves. $223.00 x 2 x 29 = $12,934.00. Since the builder wishes to separate the remaining units from the Karston Cove Association, resulting in a weaker, smaller association we feel justified in requesting the planned $12,934.00 be given over to the association. It was at no fault of the 14 buyers that the builder made the decision to abort the original plan; nor were they made aware of it before purchase. This amount is in addition to that noted in paragraph 2. Amount Due $12,934.00 4. An amount required to remove exposed ground wires/cables, fix below grade manhole cover should be held back by the city. Cost unknown 5. RE: Bolton & Menk, Inc. Consulting Engineers and Surveyors recommendation letter to Michael Couri, City Attorney dated October 11, 2011: RE: Point 3. The unimproved property should not be left as an eyesore to the community. Minimally a berm should be created, sidewalk, and/or a row of trees should be planted to hide the field. Point 6. Wetland Buffer Signs; It appears no signs have been installed on the watershed where the 14 units are. This should be provided for by monies from the Bond. Cost Unknown 6. Legal: All legal fees paid to date by the Association with respect to this issue and all legal fees necessary to legally separate, filing fees, etc. to be paid from the Bond. Cost to be Calculated at end of these proceedings. 7. Because the smaller association is left to fend for themselves with the inefficiencies of reduced size we feel justified in asking a one time additional $25,000.00 separation compensation payment be made in favor of the Association long term reserve account. Amount Due: $26,000.00 While we believe that it would be best that the addition of the 29 units be completed as the original plan calls out, we realize this may not be in the builders best interest at this time. The above would put our association in a position to have a satisfactory reserve fund and allow Karston Cove to possibly lower our association fees to a more sustainable number that will not deter future buyers. Items 2, 3, and 7 would add up to $44,178 which would go into our reserve fund for operating funds to maintain our associations current and future needs. Additionally we cannot determine the amount required for items 1, 4, 5, and 6, but suggest that this is determined by the city prior to any action. Currently each resident pays $223.00/month while neighboring communities enjoy a $125-$160/month charge as their communities are large enough to justify this fee. Logically if buyers are able to enter into similar properties, literally within a stone's throw, they would opt for the lower fees in other developments leaving any unit for sale in our development with a disadvantage which could result in various long term negative effects for our association. We don't believe that to be in our interest nor the City's. Thank you for y ur consideration: eJ R amf pto Association President JjA�\Ibcrtvillc Mayor and Council Communication 1 Sm*V Town UWng. Big Oty Ufa October 24, 2011 SUBJECT: LEGAL - STORM WATER DETENTION POND WATER USE FOR IRRIGATION PURPOSES ORDINANCE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: approve Ordinance No. 2011-010 entitled an Ordinance Establishing a Permit for use of Stormwater Detention Pond Water for Irrigation Purposes. BACKGROUND: At least one resident has inquired of the possibility of using water stored in City storm water ponds for lawn irrigation. Several cities have recently adopted ordinances allowing the use of pond water for irrigation as an environmentally -friendly practice, with the added benefit of reducing water use during dry periods in the summer. The attached ordinance would allow this use, with certain limits as set out in the ordinance. The City Engineer believes that use of pond water for irrigation has no drawbacks associated with it from the City's point of view. The more water used in irrigation, the less water will be draining through the City's ditches. City Staff does not believe that there will be a significant City cost associated with this ordinance other than initial inspection of the pumping equipment and enforcement if someone is found to be violating the ordinance. The permit to be issued by the City would be in the form of a license to be issued by the building inspector, which can be revoked by the City at a later date. The ordinance contains a number of limitations, including limiting the drawdown of water to 1 foot below the normal water level for the pond, prohibiting connection to the City's water system, and allowing the City to place additional restrictions on the use of the water from time to time (e.g. restricting water draws from one or more ponds at some point in the future). Staff is proposing a one-time license application fee which shall be set by resolution with the initial amount of $125.00. KEY ISSUES: The ordinance authorizes the use of water from City storm ponds for irrigation purposes. The City building inspector would issue a license to applicants. POLICY CONSIDERATIONS: This ordinance will promote recycling of storm water for irrigation purposes, which will reduce the amount of fresh water that would otherwise be used to irrigate lawns. M:\Public Data\Requests for Council Actions (RCA)\2011\I 107 2011 Pond Sprinkling Ordinance RCA.doc Agenda Item No.: 7.12. ®2. Meeting Date: November 7, 2011 Mayor and Council Communication — October 24, 2011 Legal - Pond Water Irrigation Ordinance Page 2 of 2 FINANCIAL CONSIDERATIONS: The financial implications of adopting this ordinance are not significant to the City budget. Revenue from the licensing fee is expected to be minimal, as is City Staff time spent inspecting the pumping system installations. LEGAL CONSIDERATIONS: The City Council controls all storm water ponding where the City has a drainage easement and may authorize water to be withdrawn from the ponds for irrigation uses. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Ordinance No. 2011-010 M:\Public Data\Requests for Council Actions (RCA)\201 1\1 1 07 2011 Pond Sprinkling Ordinance RCA.doc Agenda Item No.: 7.e1.2. Meeting Date: November 7, 2011 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2011-010 AN ORDINANCE ESTABLISHING A PERMIT FOR USE OF STORMWATER DETENTION POND WATER FOR IRRIGATION PURPOSES The City Council of the City of Albertville, Minnesota hereby ordains: 1. Title 8, Chapter 5 of the Albertville City Code is hereby created as follows: 8-5-1: Use of Pond Water In order to conserve the area's drinking water supply and promote the recycling of existing water resources, residents of the City may, upon procurement of a license required by this Chapter, expropriate water from City ponds to use for outdoor irrigation purposes. All such water usage shall comply with the requirements of this Chapter. 8-5-2: Licensing A. The City Building Inspector may grant a license to one or more residents of the City to take pond water from ponds which the City either owns or has a drainage and utility easement over for use in irrigating properties adjacent to such ponds. The City Building Inspector may, but shall not be required to, grant such licenses after making the following findings: 1. The pond generally has adequate water to support the appropriation request. 2. The water can be expropriated without creating a nuisance or otherwise disturbing the enjoyment of neighboring properties. 3. No adverse impacts are expected to occur as a result of the expropriation. 4. The requested appropriation is not likely to create a health hazard. 5. The pumping equipment proposed to be used is sufficient for the purpose and will not disturb neighboring properties. B. All licenses issued under this Chapter shall be amendable and/or revocable by the City Building Inspector at any time for any reason. In addition, the City Building Inspector may temporarily prohibit or limit the expropriation of water from one or more ponds when the City Building Inspector determines that such action is in the best interest of the City or its residents. C. All license holders shall comply with the following requirements, as well as any site - specific requirements set forth by the City Building Inspector: M City of Albertville County of Wright Ordinance No. 2011-010 Page 2 of 2 1. The license holder shall not draw a total of 10,000 gallons or more from one or more ponds on any given day. 2. All pumps used to remove water from the ponds shall be free standing or located in a structure that is not connected to the City Water Supply System. 3. No water pumped from the ponds shall enter and no pump or irrigation system shall in any way be connected to any structure that is connected to the City Water Supply System. 4. All water appropriated from City ponds shall be used solely for outdoor lawn and plant irrigation purposes. 5. All license holders shall comply with all water appropriation restrictions set forth by the City Council from time to time. 6. Licenses shall be issued to individuals and shall not be transferrable. 7. No water may be taken from any pond when its water level is at or below one foot below its normal water level. 8. No pumps, electrical equipment or appurtenances other than a suction pipe, check valve and influent screen shall be located within the public drainage and/or utility easement in which the pond is located. 9. The suction pipe shall be buried below grade and the influent screen shall be below the normal water elevation. 10. The license holder shall be responsible for installing the suction pipe, check valve and screen in the pond. 11. The City shall not be liable for any damage that may occur to the system due to work or maintenance within the public drainage/utility easement. D. No pond water appropriation request shall be considered by the City until an application fee, which shall be set by Council resolution, has been received by the City. No additional license fee shall apply. Passed by the Albertville City Council this 7t" day of November, 2011. Mark Meehan, Mayor ATTEST: Bridget Miller, City Clerk M:\Public Data\Ordinances\2011 Ordinances\draft ordinances\O 2011-010 (Storm water Pond sprinkling).doc