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2012-03-19 CC PacketA,lbertville City of Albertville Council Agenda Smell Town Living. Big City Ills. Monday, March 19, 2012 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. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. 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 March 5, 2012 regular City Council minutes as presented (pgs 1-7) B. Authorize the Monday, March 19, 2012 payment of the claims that includes electronic payments 1050EFT-1063EFT and check numbers 30790 to 30837 as presented (pgs 8- 16) C. Approve the St. Michael -Albertville Rotary Club's Lawful Gambling LG220 Application for Exempt Permit to sell Raffle tickets throughout Albertville for a drawing that will be held at the Cedar Creek Golf Club that is located at 5700 Jason Avenue NE, Albertville on Monday, May 21St, which a copy of the signed gambling permit will be kept on file in the office of the City Clerk and the original will be returned to the applicant for submittal to the Minnesota State Gambling Division for processing. (pgs 17-19) D. Approve a One -day 3.2% Malt Liquor License application submitted by the Albertville Lions for a fundraiser with proceeds going to the Albertville Fire Department for upgrades. The event will be at the St. Albert Parish Center on Saturday, April 28, 2012 with the hours of operation beginning at 3:00 p.m. and ending at 10:00 p.m. (pgs 20- 21) E. Approve the following list of Annual Renewal Liquor License Applications for the following establishments in Albertville: (pgs 22-23) City of Albertville Council Agenda Monday, March 19, 2012 Page 2 of 3 1). 2012-2013 Off -Sale Intoxicating Liquor License to 152 Club Inc. for 152 Club; and, 2012-2013 On -Sale Intoxicating Liquor License to 152 Club Inc. for 152 Club; and, 2012-2013 Sunday Liquor License to 152 Club Inc. for 152 Club; and, 2). 2012-2013 Off -Sale Intoxicating Liquor License to Neighbors Bar & Grill Inc. for Neighbors Eatery & Saloon; and, 2012-2013 On -Sale Intoxicating Liquor License to Neighbors Bar & Grill Inc. for Neighbors Eatery & Saloon; and, 2012-2013 Sunday Liquor License to Neighbors Bar & Grill Inc. for Neighbors Eatery & Saloon; and, 3). 2012-2013 On -Sale Wine License to Romeo Foods Inc. for Patty J's Cafe; and, 2012-2013 On -Sale 3.2% Malt Beverage License to Romeo Foods Inc. for Patty J's Cafe; and, 4). 2012-2013 On -Sale Intoxicating Liquor License to TC Generations LLC for PubHouse 19 ; and, 2012-2013 Sunday Liquor License to TC Generations LLC for PubHouse 19; and, 5). 2012-2013 On -Sale 3.2% Malt Beverage Liquor License to D Family Pizza LLC for D's Family Pizza. F. Approve the Resolution 2012-011, increase the "No Fault Sewer Coverage" provided by the League of Minnesota Cities Insurance Trust (LMCIT) from $10,000 to $25,000 per occurrence. (pgs 24-27) 7. PUBLIC HEARING A. I-94 Collector Distributor Improvement 1). Introduction and brief History by City Administrator Larry Kruse 2). I-94 Project Presentation by City Engineer Adam Nafstad 3). Assessment Process Review by City Attorney Mike Couri 4). Public Comments 5). Reconvene Regular City Council Meeting 8. DEPARTMENT BUSINESS A. City Council 1). I-94 Improvement (pgs 28-29) 2). Legal Perspective on Super Majority Vote to Levy Assessments a. Approve Resolution No. 2012-012 entitled a Resolution Ordering Improvement. (pgs 30) b. Approve Resolution No. 2012-013 entitled a Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase a $4,113,700 General Obligation Improvement Note of 2012, Providing for Issuance, and Authorizing Execution of a Project Loan Agreement. (Pgs 31-41) C. Approve Resolution No. 2012-14 entitled a Resolution to approve an Agreement Between the City of Albertville and CenterPoint Energy to relocate I-94 Natural Gas Pipelines. (Pgs 42-44) 3). 5964 and 5975 Main Avenue Building Lease (Pgs 45-46) B. Public Works Department 1). February Public Works Report (pgs47) M:\Public Data\City Council\Council Agendas\2012 Agendas\03 19 2012 Agenda.doc Meeting Date: February 6, 2012 City of Albertville Council Agenda Monday, March 19, 2012 Page 3 of 3 C. Building Department 1). February Building Department Report (pgs 48-49) D. Finance Department 1). League of Minnesota Cities Insurance Renewal: Approve the 2011-2012 Insurance Proposal from the League of Minnesota Cities Insurance Trust (LMCIT) as presented by Northern Capital Insurance Group and on file in the office of the City Clerk with a $2,500 deductible. (pgs 50-51) E. Planning and Zoning 1). City Visioning Oral Update 2). Central Park Master Plan Update F. Administration 1). City Engineer Employment Agreement (pgs 52-56) 2). City Clerk Authorization to Hire (pgs 57) 9. ANNOUNCEMENTS and or UPCOMING MEETINGS April 14, 2012 Town Hall Meeting April 18, 2012 Board of Appeals Meeting @ 5:30 p.m. March-12 Su M Tu W Th F Sa 1 2 3 4 6 7 8 9 10 11 "13 20 14 15 16 17 18 21 22 23 24 25 ,JP26 27 28 29 30 31 10. AJOURNMENT ril-12 Su M Tu W Th F Sa 1 3 4 5 6 7 8 5 Pz10 11 12 13 14 15 17 18 19 20 21 22 JP213 24 125 126 127 1 28 M:\Public Data\City Council\Council Agendas\2012 Agendas\03 19 2012 Agenda.doc Meeting Date: February 6, 2012 A,lbertville Smell Town Uving. Big City Ufs. ALBERTVILLE CITY COUNCIL Monday, March 5, 2012 MINUTES ALBERTVILLE CITY HALL CALL TO ORDER — PLEDGE OF ALLEGIANCE Mayor Meehan called the regular City Council meeting to order at 7:00 p.m. ROLL CALL 7:00 PM Present: Mayor Mark Meehan, Council members Larry Sorensen, Dan Wagner, and John Vetsch Absent: Jillian Hendrickson Others Present: City Administrator Larry Kruse, Utilities Supervisor John Middendorf, Finance Director Tina Lannes, City Engineer Adam Nafstad, City Attorney Michael Couri and City Planner Alan Brixius. AMENDMENTS TO THE AGENDA Meehan noted there were no amendments to the agenda. CMs Vetsch/Sorensen motioned to approve the Monday, March 5, 2012 agenda as sent and presented. Motion carried unanimously. 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. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 03 05 2012.doc City of Albertville Council Minutes March 5, 2012 Page 2 of 7 A. Approval of the February 21, 2012 City Council minutes as presented. B. Authorize the March 5, 2012 Payment of Claims (bills) for electronic payments 1022EFT—1032EFT and checks 30753 to 30789 as presented. C. Motion to approve the following list of Annual Renewal Liquor License Applications Tor the following establishments in Albertville: • 2012-2013 On -Sale Intoxicating Liquor License to Cedar Creek Golf Course LLC for Cedar Creek Golf Course; and, 2012-2013 Sunday Liquor License to Cedar Creek Golf Course LLC for Cedar Greek Golf Course; and, • 2012-2013 Off -Sale Intoxicating Liquor License to Coborn's Inc. for Coborn's Liquor Store; and, • 2012-2013 Off -Sale 3.2% Malt Beverage Liquor License to Coborn's Inc. for Coborn's Grocery Store; and, • 2012-2013 On -Sale Intoxicating Liquor License to I). Michael B's II Inc. for D. Michael B's; and, 2012-2013 Sunday Liquor License to D. Michael B's II Inc. for D. Michael B's; and, • 2012-2013 On -Sale Intoxicating Liquor License to Morris Walker I.td for Emma KrumBees Restaurant -Albertville; and, 2012-2013 Sunday Liquor License to Morris Walker Ltd. for Emma KrumBees Restaurant -Albertville; and, • 2012-2013 Off -Sale Intoxicating Liquor License to All G L,I,C' for Heidi's Brew Wine & Spirits; and, 2012-2013 On -Sale Wine License to Llong Thai Inc. for Hong Thai; and, 2012-2013 On - Sale 3.2% Malt Beverage License to Hong Thai Inc. for Hong Thai; and, • 2012-2013 On -Sale Intoxicating Liquor License to I_,MG Inc. for Space Aliens Grill & Bar•, and, 2012-2013 Sunday Liquor License to LMG Inc. for Space Aliens Grill & Bar; and, • 2012-2013 Off -Sale Intoxicating Liquor License to S & D Liquor, Inc. for Westside Liquor; and, • 2012-2013 Off -Sale Intoxicating Liquor License to (',L. Gentile Inc. for Geez Sports Bar & Grill; and, 2012-2013 On -Sale Intoxicating Liquor License to C.L. Gentile Inc. or Geez Sports Bar & Grill; and, 2012-2013 Sunday Liquor License to C.L. Gentile Inc. for Geez Sports Bar & Grill; and, CMs Wagner/Sorensen motioned to approve the Consent Agenda as presented. Motion carried unanimously. CITY COUNCIL Recycling Update by Richard Hirstein, Allied Waste Hirstein reported that it has been a year since the City started its Single Sort Recycling Program with Allied Waste. Participation has increased from 45% of households to 95% of households. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 03 05 2012.doc VA City of Albertville Council Minutes March 5, 2012 Page 3 of 7 Annual tonnage went up from 334 tons to 449 tons for an increase of 115 tons, or 19,000 more per month. Hirstein stated the company is now taking more kinds of plastic with numbers marked on the container from #1 through #7. In March, the company will start taking aseptic packaging, which is the wax coated milk cartons. Hirstein was asked about any complaints the City has received and he said that he is not aware of any complaints. Hirstein said that Albertville staff is great to work with and in his opinion the program has been a great success. Council member Vetsch asked if the increase in tons included the 2-3% of garbage that gets placed in recycling to which Hirstein said the amounts are net of any garbage. Vetsch then asked about picking up small businesses and Hirstein said he would be happy to visit about what can be done with business recycling. Dominium Development-Karston Cove III Housing Project Ron Mehl, representing Dominium made a presentation to the Council on March 5, 2012. The purpose of this presentation was to show the Council a concept for the vacant land within Karston Cove III. Mehl stated the proposed plan has 29 units similar to what was approved earlier, with the exception they are proposing upgraded exterior finishes (Hardy board and brick). The proposed townhomes would be similar to what is on their 39 unit townhomes constructed in 2009. In this presentation the following was outlined: 1) Dominium's company history, capability as well as history in the City of Albertville (properties owned and managed). 2) Type of housing being proposed, tenant profile and how Dominium manages (criminal, credit and rental history reports). 3) Continued commitment to owned properties — examples of maintenance (Albertville Meadows Apartments as an example). 4) Approved PUD plan in comparison to the proposed site plan (property layout and exterior finishes). 5) Benefits to the City in addition to local job creation and construction revenue estimated at $4,500,000: a. SAC/WAC Charges: $219,000(est) b. Building Permit Fees: $38,000 (est) c. Real Estate Tax Income: $18,000/year (est) Mehl showed survey information that showed 35% of their residents currently living in their Albertville townhomes work in Albertville and the remainder work in nearby neighboring communities. Mehl stated this in not low-income housing and referred to it at work -force MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 03 05 2012.doc 3 City of Albertville Council Minutes March 5, 2012 Page 4 of 7 housing. The following is a summary of the required incomes and rents associated with the proposed development: The 50% median income in Wright County is: The 50% Maximum Rent is: - $33,600 for a family of 2 - $787 for a 2 bedroom - $37,800 for a family of 3 - $945 for a 3 bedroom - $42,000 for a family of 4 - $1,092 for a 4 bedroom Mehl stated demand is high for these types of units and like the last project they would expect these to be fully leased by completion of construction. The Council asked if these units will have basements to which Mehl stated they would not as there is a high water table in that neighborhood. The Council asked if they would consider building the development as owner occupied and Mehl stated they would not, as that is not their business model. Mehl stated they hire an outside company to screen potential renters for credit rating and criminal history. Mehl stated they have an ongoing program that if someone has another family member or boy/girl friend move in with a criminal history, they can evict them. Their goal is to run a safe, secure place to live with few problems to neighbors and the community. Mehl stated the construction cost of the units will be in the $140,000 range, excluding land. When done, the 29 units will pay $18,000 in property taxes and $38,000 dollars in building permit fees. PUBLIC HEARING ON AMENDING THE CITY'S CAPITAL IMPROVEMENT PLAN AND ISSUANCE OF GO BONDS SERIES 2012B Mayor Meehan called the Public Hearing to Order for the purpose to hear public comments on Amending the Capital Improvement Plan and Issuance of GO Bonds; Series 2012B. Finance Director Lannes reviewed the purpose of the Public Hearing and the Mayor opened the floor up for public comment. No comments were received. Mayor Meehan closed the public Hearing and reconvened the City Council meeting. UTILITIES DEPARTMENT Water Service Line Repair Policy In February, the Council asked Water Waste Water Utility Supervisor Middendorf to research the number of water leaks that happen on water service lines in response to a resident who had a leak on the residential side of the curb stop and had to pay to fix the leak. Albertville's policy states that if the leak is from the curb stop connection to the home it is the homeowner's responsibility and if it is the curb stop or line to the main, it is the City's responsibility. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 03 05 2012.doc ff City of Albertville Council Minutes March 5, 2012 Page 5 of 7 Middendorf stated the developer or homeowners representative does the flare and makes the connection to the City's curb stop. Being this work is done by a private plumber, it is the homeowner's responsibility to pay to have it repaired. This can cost up to $1,000. If it happens in the driveway, it can cost much more to patch the driveway. Middendorf reported they have about one leak that is the homeowner's responsibility per year. The City has another couple of service line leaks per year which are the City's responsibility. In total the City has an average of three service line leaks per year. The Council discussed if this is a cost the City should bear or should the City keep the current policy making the resident responsible for repair to their line post curb stop. Middendorf said the policy has worked well, however it is always easier for him to tell the homeowner they don't have to pay. The City tries to avoid having curb stops in or near the driveway, however, many end up there anyway. If the City assumes responsibility beyond the right-of-way, many homeowners will not be satisfied with just patching their driveway and will want more or all of the driveway replaced. Many homeowners have a variety of driveway finished from concrete, bituminous to pavers. If the City does the repairs and the patch settles, homeowners then want the City to fix it a second time. Middendorf said if the homeowner contracts to fix their driveway, the City can stay out of the quality of the work and warranty issues. City Engineer Nafstad said the City does not want curb -stops in the driveways, but it does happen fairly often. He said it can be unfair to have the City pay for one homeowner with the curb -stop in the grass where it should be compared to replacing in a concrete driveway for another. By consensus the City Council requested City Engineer Nafstad to draft up an Ordinance Amendment with several options. The Ordinance Amendment would be further discussed at a future meeting. League of Minnesota Cities Sewer Backup Insurance Staff presented the Council with the ability to increase the amount of No-fault Sewer Backup insurance from $10,000 to $25,000 for $188 in additional premium. The sewer backup insurance covers backups caused by a plug in the City's mains and not the private line. It provides coverage after the homeowner's insurance is exhausted. The Council discussed this at length and requested staff bring it back to the next meeting. BUILDING DEPARTMENT January's Building Report MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 03 05 2012.doc W" City of Albertville Council Minutes March 5, 2012 Page 6 of 7 The Council reviewed the Building Department Report and accepted it by consensus. FINANCE DEPARTMENT 2012A General Obligation Improvement Crossover Refunding Bonds: CMs Vetsch/Wagner motioned to adopt Resolution No. 2012-009 entitled a Resolution Awarding the Sale of $2,310,000 General Obligation Improvement Crossover Refunding Bonds, Series 2012A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Motion carried unanimously. 2012B Amending Capital Improvement Plan and the issuance and sale of General Obligation Capital Improvement Plan Refunding Bonds; Series 2012B. CMs Sorensen/Wagner motioned to adopt Resolution No. 2012-010 entitled a Resolution approving amended capital improvement plan and the issuance and sale of General Obligation Capital Improvement Plan Refunding Bonds; Series 2012B. Motion carried unanimously. ENGINEERING REPORT I-94 Collector Distributor Project Update City Engineer Nafstad reported the I-94 Improvement Hearing is scheduled for the March 19th Council meeting. Bids are to be opened Wedneday, March 13ffi and the Council may consider award at the March 19th meeting. Nafstad said interest in the project is high and he is hopeful to get good bid results. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 03 05 2012.doc 2 City of Albertville Council Minutes March 5, 2012 Page 7 of 7 LEGAL Attorney's Report The Council by consensus accepted City Attorney Mike Couri's monthly report. I-94 Wright County Funding Agreement City Attorney Mike Couri presented the Council with the City and Wright County I-94 Funding Agreement. Couri said the agreement is very straight forward and provides for the County to fund up to $1,640,000 of the I-94 Project and prorates any savings should the bids come in under the estimate. Couri said the Agreement is not the typical bond document he would prefer, however this Agreement is similar to what Wright County has with the City of Monticello on a similar cooperative project. CMs Sorensen/Wagner motioned to approve the I-94 Funding Agreement between the City of Albertville and Wright County and authorize the Mayor and City Clerk to sign the Agreement as on file in the office of the City Clerk. Motion carried with Council member Vetsch voting nay. ADJOURNMENT CMs Wagner/Sorensen motioned to adjourn the meeting at 8:50 p.m. Motion carried unanimously. Larry Kruse, City Administrator MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 03 05 2012.doc 7 �1bcrtviljc Mayor and Council Communication i March 15, 2012 SUBJECT: CONSENT - FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, March 19, 2012 payment of the claims that includes check numbers 1050EFT - 1063EFT and checks numbered 30790 to 30837 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City processes 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. 30819 Line 1 Partners - The wireless bridge component at City Hall, hardware, failed. 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, dispute the billing. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail Mayor and Council Communication — March 19, 2012 Finance — Payment of Claims Page 2 of 9 A,lbertville Small Town Living. Big City UFs. Check Detail Register March 2012 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 001050E 3/14/2012 ABDO, EICK & MEYERS LLP E 602-49400-301 Auditing and Acct g Services $2,992.75 289506 UD audiUacctg services E 101-42400-301 Auditing and Acct g Services $2,992.75 289506 BD audiUacctg services E 101-41400-301 Auditing and Acct g Services $2,992.75 289506 AD auditacctg services E 101-42000-301 Auditing and Acct g Services $2,992.75 289506 FD audiUacctg services E 601-49450-301 Auditing and Acct g Services $2,992.75 289506 UD auditacctg services E 604-49660-301 Auditing and Acct g Services $2,992.75 289506 SD auditacctg services Total ABDO, EICK & MEYERS LLP $17,956.50 Paid Chk# 001051 E 3/14/2012 COURI & RUPPE, P.L.L.P. E 468-49000-304 Legal Fees $4,400.00 03-2012CR 1-94 Ramp legal sery E 101-41600-304 Legal Fees $1,725.00 03-2012CR CH general legal sery E 101-42400-304 Legal Fees $225.00 03-2012CR BD legal services E 101-45100-530 Capital - Improvements $337.50 03-2012CR PD park property exchange Total COURI & RUPPE, P.L.L.P. $6,687.50 Paid Chk# 001052E 3/14/2012 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $2,994.65 60169 FD repair -Engine 11 Total EMERGENCY APPARATUS MNTC $2,994.65 Paid Chk# 001053E 3/14/2012 FERRELLGAS E 810-00000-212 Motor Fuels $257.56 5000711226 Arena motor fuel Total FERRELLGAS $257.56 Paid Chk# 001054E 3/14/2012 FYCC E 101-45000-598 Pledges & Contributions $1,587.42 1050 March 2012 Youth/Family Prog Total FYCC $1,587.42 Paid Chk# 001055E 3/14/2012 MAGIC WATER E 101-42000-200 Office Supplies (GENERAL) $84.00 18766B FD general supplies Total MAGIC WATER $84.00 Paid Chk# 001056E 3/14/2012 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $54.00 615 Animal pickup w/in Albt Total MONTICELLO ANIMAL CONTROL $54.00 Paid Chk# 001057E 3/14/2012 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $101.40 592350 UD testing service Total MVTL LABORATORIES, INC $101.40 Paid Chk# 001058E 3/14/2012 N. A. C. E 101-41910-306 Planning Fees $1,350.15 20124 Tech Asst. City Projects E 101-41910-306 Planning Fees $625.00 20125 staff, council, planning mtgs E 101-41910-306 Planning Fees $1,885.45 20126 Tech Asst. Vision Study E 101-41910-306 Planning Fees $248.85 20127 Central Park Master plan Total N. A. C. $49109.45 Paid Chk# 001059E 3/14/2012 S & T OFFICE PRODUCTS E 101-41500-200 Office Supplies (GENERAL) $46.75 01 PB3983 Fin A/P file folders E 101-41400-200 Office Supplies (GENERAL) $36.67 01 PB3983 CH calculator tape, pens, etc. Total S & T OFFICE PRODUCTS $83.42 Mayor and Council Communication - March 19, 2012 Finance - Payment of Claims Check Amt Invoice Comment Paid Chk# 001060E 3/14/2012 WATSON COMPANY Page 3 of 9 E 810-00000-252 Food/Consessions For Resale $211.74 810017 Arena franks/pretzels/candy bars Total WATSON COMPANY $211.74 Paid Chk# 001061 E 3/14/2012 WRIGHT-HENNEPIN COOP ELECTRIC E 810-00000-381 Electric Utilities $29.87 5014270100/0212 Arena electric utilities Total WRIGHT-HENNEPIN COOP ELECTRIC $29.87 Paid Chk# 001062E 3/14/2012 WRIGHT COUNTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $43,737.00 Partol-12-3 Monthly Police Protection Total WRIGHT COUNTY SHERIFFS PATROL $43,737.00 Paid Chk# 001063E 3/14/2012 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-45100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-45100-381 E 601-49450-381 E 601-49450-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-43100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-45100-381 E 101-43100-381 E 101-45100-381 E101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 E 101-43100-381 Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Electric Utilitie Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities WRIGHT-HENNEPIN COOPERATIVE s $10.16 1001631-0212 PW Twniks/Lkevw Cir s $40.87 1001631-0212 PW 6551 LaBeaux s $31.09 1001631-0212 PW 10372 65th s $28.91 1001631-0212 PW LaSalle Cir s $10.16 1001631-0212PW Lydia/cul-de-sac s $10.16 1001631-0212PW 69th/Lydia s $10.16 1001631-0212 PW 6755 67th s $28.91 1001631-0212PW 67th s $10.16 1001631-0212 PW 11657 E Lktwn s $10.16 1001631-0212PW ELketwn s $16.27 1001631-0212 PD TL Park 1000 s $10.16 1001631-0212PW Lktwn-Lamplght $10.16 1001631-0212 PW 6645 E Lktwn $10.16 1001631-0212 PW Twn Lks W/Twn $10.16 1001631-0212PW Twn Lks Wlrwn $10.16 1001631-0212 PW Twn Lks/Lkvw Cir $10.16 1001631-0212 PW Twn Lks/Lkvw Cir $10.16 1001631-0212 PW Twn Lks/Lkvw Cir $10.16 1001631-0212PW Twn Lks/E Lktwne $10.16 1001631-0212PW W Tlk Dr $16.27 1001631-0212 PD TL Park 9300 $28.60 1001631-0212LID 70th St lift station $65.88 1001631-0212 UD TL 5 lift station $11.83 1001631-0212PD Linwood Park $16.27 1001631-0212 PD TL Park 8600 $16.27 1001631-0212 PD TL Park 8700 $16.27 1001631-0212 PD TL Park 8800 $16.27 1001631-0212 PD TL Park 8900 $16.27 1001631-0212 PD TL Park 9000 $14.50 1001631-0212PW Lake/Larkspur $16.27 1001631-0212 PD TL Park 9200 $10.16 1001631-0212 PD TL Park 5 $16.27 1001631-0212 PD TL Park 9400 $16.27 1001631-0212 PD TL Park 0000 $16.27 1001631-0212 PD TL Park 0400 $16.27 1001631-0212 PD TL Park 0500 $16.27 1001631-0212 PD TL Park 0600 $16.27 1001631-0212 PD TL Park 0800 Electric Utilities $16.27 1001631-0212 PD TL Park 0900 Electric Utilities $10.16 1001631-0212PW 6698 Lmplght Electric Utilities $16.27 1001631-0212 PD TL Park 9100 Electric Utilities $10.16 1001631-0212PW Twne Lks 5 Electric Utilities $10.16 1001631-0212PW Twn E/Lktwn Electric Utilities $10.16 1001631-0212PW 11583 E Lktwn Electric Utilities $8.03 1001631-0212 PW 11520 Lkvw Cir Electric Utilities $10.16 1001631-0212PW Twne Lks 5 Electric Utilities $10.16 1001631-0212PW Twne Lks 5 Electric Utilities $10.16 1001631-0212PW Twne Lks 5 Electric Utilities $10.16 1001631-0212 PW Lkwood Electric Utilities $10.16 1001631-0212PW 68th St/Lkwood Electric Utilities $10.16 1001631-0212PW 68th Electric Utilities $10.16 1001631-0212PW 68th St/Linwood Electric Utilities $10.16 1001631-0212PW 11371 W Lktwn Electric Utilities $10.16 1001631-0212 PW 6944 Lancaster Mayor and Council Communication - March 19, 2012 Finance - Payment of Claims E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-43100-381 Electric Utilities Total WRIGHT-HENNEPIN COOPERATIVE Check Amt Invoice Comment $10.16 1001631-0212PW 69th Cir $10.16 1001631-0212 PW LaSalle cul-de-sac $10.16 1001631-0212PW Lktwn Vw/lite $10.16 1001631-0212PW Lkwood/Lktwne $10.16 1001631-0212PW LaSalle $10.16 1001631-0212PW Lynnemere $12.78 1001631-0212PW McKenzie/60th $12.78 1001631-0212PW McKenzie/58th $12.78 1001631-0212PW McKenzie/59th $10.16 1001631-0212 PW Lktwn Vw/lite $10.16 1001631-0212 PW 11686 Lktwn $10.16 1001631-0212 PW 6529 W Lktwn $10.16 1001631-0212PW Lmplght $10.16 1001631-0212PW Linwood $10.16 1001631-0212PW Twne Lks 5 $10.16 1001631-0212PW LaSalle-69th $984.00 Paid Chk# 030790 3/19/2012 ALEX AIR APPARATUS E 101-42000-404 Repair/Maint - Machinery/Equip $1,646.62 21218 FD vetter V54 airbag Total ALEX AIR APPARATUS $1,646.62 Paid Chk# 030791 3/19/2012 ALLIED WASTE E 605-43200-308 Recycling Contract Fee Total ALLIED WASTE $6,384.01 0899-00200548 Recycling Service $6,384.01 Paid Chk# 030792 3/19/2012 ANCOM COMMUNICATIONS E 101-42000-586 Capital - Pagers $95.00 27853 FD pagers, radios E 101-42000-586 Capital - Pagers $105.00 27854 FD pagers, radios Total ANCOM COMMUNICATIONS $200.00 Page 4 of 9 Paid Chk# 030793 3/19/2012 ARAMARK REFRESHMENT SERVICES E 810-00000-254 Soft Drinks/Mix For Resale $320.83 1009725 Arena refreshments/concessions Total ARAMARK REFRESHMENT SERVICES $320.83 Paid Chk# 030794 3/19/2012 ARAMARK UNIFORM SERVICES E 101-41940-405 Repair/Maint -Buildings $50.00 629-7446567 CH matts/towels/maint E 101-42000-405 Repair/Maint -Buildings $12.83 629-7446569 FD matts/towels/maint. E 101-45100-417 Uniform Rentals $9.86 629-7446575 PD uniforms E 101-43100-417 Uniform Rentals $9.86 629-7446575 PW uniforms E 601-49450-417 Uniform Rentals $9.86 629-7446575 UD uniforms E 602-49400-417 Uniform Rentals $9.85 629-7446575 UD Uniforms Total ARAMARK UNIFORM SERVICES $102.26 Paid Chk# 030795 3/19/2012 13213 COMPUTER PRODUCTS E 101-41940-404 Repair/Maint - Machinery/Equip $35.20 542090 CH memory (2GB) crucial Total 6213 COMPUTER PRODUCTS $35.20 Paid Chk# 030796 3/19/2012 CARLSON BUILDING SERVICES, INC E 101-43100-215 Shop Supplies $25.15 39525 PW 409/napkins/kleenex E 602-49400-210 Operating Supplies (GENERAL) $25.14 39525 UD 409/napkins/kleenex E 601-49450-210 Operating Supplies (GENERAL) $25.14 39525 UD 409/napkins/kleenex E 101-41940-210 Operating Supplies (GENERAL) $25.15 39525 CH 409/napkins/kleenex E 101-42000-200 Office Supplies (GENERAL) $25.15 39525 FD 409/napkins/kleenex Total CARLSON BUILDING SERVICES, INC $125.73 Paid Chk# 030797 3/19/2012 CENEX FLEETCARD E 601-49450-212 Motor Fuels $265.37 605668C UD fuel E 602-49400-212 Motor Fuels $265.38 605668C UD fuel Total CENEX FLEETCARD $530.75 Paid Chk# 030798 3/19/2012 CENTER CUT MEATS-ALBERTVILLE E 101-42000-314 Meals (meetings) Total CENTER CUT MEATS-ALBERTVILLE $67.80 02282012 FD training meeting supplies $67.80 Mayor and Council Communication — March 19, 2012 Finance — Payment of Claims Page 5 of 9 Check Amt Invoice Comment Paid Chk# 030799 3/19/2012 CENTER POINT ENERGY E 101-42000-383 Gas Utilities $469.58 14425-5-0212 FD gas utilities E 101-45100-383 Gas Utilities $136.39 14425-5-0212 PD 5801 Lander gas utilities E 101-41940-383 Gas Utilities $235.30 14425-5-0212 CH 5964 gas utilities E 101-41940-383 Gas Utilities $135.15 5361503-0212CH 5975 bldg gas utilities E 810-00000-383 Gas Utilities $942.20 5390131-0-0312 Arena gas utilities E 601-49450-383 Gas Utilities $448.30 5407574-0212UD gas utilities E 101-43100-383 Gas Utilities $800.17 5421442-0212PW gas utilities E 101-41940-383 Gas Utilities $975.08 6759963-0212CH gas utilities Total CENTER POINT ENERGY $4,142.17 Paid Chk# 030800 3/19/2012 CENTURYLINK - NC E 101-41940-321 Telephone $37.16 320297435-0312 CH monthly phone sery Total CENTURYLINK - NC $37.16 Paid Chk# 030801 3/19/2012 CHARTER COMMUNICATIONS E 810-00000-321 Telephone $76.28 0131702-0312 Arena telephone sery Total CHARTER COMMUNICATIONS $76.28 Paid Chk# 030802 3/19/2012 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $288.56 0012349 Animal Control Service Total CITY OF MONTICELLO $288.56 Paid Chk# 030803 3/19/2012 COBORN S E 101-42000-314 Meals (meetings) $21.67 102330545 FD training mtg supplies Paid Chk# 030804 3/19/2012 COBORNS ARENA E 810-00000-252 Food/Consessions For Resale $30.58 M20610227 Arena food/concession products Total COBORNS ARENA $30.58 Paid Chk# 030805 3/19/2012 COCA COLA ENTERPRISES BOTTLING E 810-00000-254 Soft Drinks/Mix For Resale $361.52 0178187811 Arena soda/water/powerade (re- sale) Total COCA COLA ENTERPRISES BOTTLING $361.52 Paid Chk# 030806 3/19/2012 COMDATA E 101-42000-212 Motor Fuels $267.62 XS29530312012 FD motor fuel Total COMDATA $267.62 Paid Chk# 030807 3/19/2012 CROW RIVER FARM EQUIPMENT E 101-43100-215 Shop Supplies $80.94 153294 PW rusty drops/angles/charmel Total CROW RIVER FARM EQUIPMENT $80.94 Paid Chk# 030808 3/19/2012 DAMA COMPANY E 101-42000-560 Furniture and Fixtures $1,368.00 12304 FD qty. 8 Model FD Key Box Total DAMA COMPANY $1,368.00 Paid Chk# 030809 3/19/2012 DARCY HOLMES R 601-00000-34025 Reimbursement $151.19 10227/52nd CR Refund Darcy Holmes CR on UB Total DARCY HOLMES $151.19 Paid Chk# 030810 3/19/2012 DEHMER FIRE PROTECTION E 101-42000-405 Repair/Maint -Buildings $46.15 6145 FD fire extinguisher annual maint Total DEHMER FIRE PROTECTION $46.15 Mayor and Council Communication — March 19, 2012 Finance — Payment of Claims Page 6 of 9 Check Amt Invoice Comment Paid Chk# 030812 3/19/2012 DJS TOTAL HOME CARE CTR - FIRE E 101-42000-405 Repair/Maint - Buildings $50.95 59691/1 FD replace tarps E 101-42000-200 Office Supplies (GENERAL) $35.42 59969/1 FD dawn/clorox/cleaning E 101-42000-405 Repair/Maint - Buildings $23.96 59970/1 FD waterprf paste E 101-42000-405 Repair/Maint Buildings $8.00 59984/1 FD valve repair slone E 101-42000-405 Repair/Maint - Buildings $124.91 59989/1 FD adjustable wrench/propane tank/torch kit/absobent oil E 101-42000-404 Repair/Maint - Machinery/Equip $69.96 60112/1 FD replace photo image battry E 101-42000-405 Repair/Maint -Buildings $7.18 60114/1 FD switch toggle & canopy push Total DJS TOTAL HOME CARE CTR - FIRE $320.38 Paid Chk# 030813 3/19/2012 DJS TOTAL HOME CARE CTR-ARENA E 810-00000-405 Repair/Maint - Buildings $4.84 59683/1 Arena cylinder propan/pvc pipe E 810-00000-405 Repair/Maint - Buildings $1.29 59684/1 Arena couple E 810-00000-405 Repair/Maint - Buildings $4.99 59687/1 Arena lever plush/die cast E 810-00000-405 Repair/Maint - Buildings $3.00 5968811 Arena angle lever flush E 810-00000-405 Repair/Maint - Buildings $13.98 60206/1 Arena ace poly grath scoop Total DJS TOTAL HOME CARE CTR-ARENA $28.10 Paid Chk# 030814 3/19/2012 FIRE EQUIPMENT SPECIALTIES, IN E 101-42000-584 Capital -Turnout Gear $692.79 7463 FD haiz fire herol extreme ffighter boots Total FIRE EQUIPMENT SPECIALTIES, IN $692.79 Paid Chk# 030816 3/19/2012 JOINT POWERS BOARD E 602-49400-377 JP Fed Wtr Test Pen $646.07 March 2012 Mar JP Fed Wtr Test collected E 602-49400-374 JP Dist Pen $852.86 March 2012 Mar JP Dist Pen E 602-49400-371 JPDIST COMBO $950.17 March 2012 Mar JP DistCombo E 602-49400-377 JP Fed Wtr Test Pen $27.16 March 2012 Mar JP Fed WtrTest Pen E 602-49400-300 Professional Srvs (GENERAL) ($223.21) March 2012 Jan 12 cc fees E 206-49400-378 JP WAC $0.00 March 2012 Mar JP WAC collected E 602-49400-300 Professional Srvs (GENERAL) ($218.28) March 2012 Dec 11 cc fees E 602-49400-375 JP Access $34.00 March 2012 Mar JP Access collected E 602-49400-372 JP Dist $25,224.92 March 2012 Mar JP Dist collected Total JOINT POWERS BOARD $27,293.69 Paid Chk# 030817 3/19/2012 JORSON & CARLSON INC E 810-00000-300 Professional Srvs (GENERAL) $25.50 0519850-IN Arena (2011) sery Total JORSON & CARLSON INC $25.50 Mayor and Council Communication - March 19, 2012 Finance - Payment of Claims Paid Chk# 030818 3/19/2012 L.M.C.I.T. E 101-43100-151 Worker s Comp Insurance Prem E 101-45100-151 Worker s Comp Insurance Prem E 101-42000-150 Worker s Comp (GENERAL) E 101-42400-151 Worker s Comp Insurance Prem E 101-41400-151 Worker s Comp Insurance Prem E 101-41300-151 Worker s Comp Insurance Prem E 101-41300-151 Worker s Comp Insurance Prem E 101-41100-151 Worker s Comp Insurance Prem E 810-00000-150 Worker s Comp (GENERAL) E 601-49450-151 Worker s Comp Insurance Prem E 602-49400-151 Worker s Comp Insurance Prem E 101-41400-361 General Liability Ins E 602-49400-361 General Liability Ins E 101-41100-361 General Liability Ins E 101-45100-361 General Liability Ins E 101-43100-361 General Liability Ins E 101-42000.361 General Liability Ins E 101-42400-361 General Liability Ins Page 7 of 9 Check Amt Invoice Comment $1,251.26 39213 $442.62 39213 $1,166.14 39213 $276.64 39213 $63.84 39213 $63.84 39213 $63.84 39213 $63.84 39213 $63.84 39213 $229.82 39213 $570.30 39213 $332.49 39397 $3,324.90 39397 $3,324.90 39397 $4,654.86 39397 $1,329.96 39397 $3,989.88 39397 $3,324.90 39397 E 101-41940-361 General Liability Ins $37,903.88 39397 E 101-41400-361 General Liability Ins $4,654.86 39397 E 101-41300-361 General Liability Ins $332.49 39397 E 601-49450-361 General Liability Ins $3,324.90 39397 Total L.M.C.I.T. $70,754.00 Paid Chk# 030819 3/19/2012 LINE 1 PARTNERS, INC E 101-41940-404 Repair/Maint - Machinery/Equip $1,175.63 13346 Arena Total LINE 1 PARTNERS, INC $1,175.63 Paid Chk# 030820 3/19/2012 MAXIMUM SOLUTIONS, INC E 810-00000-405 Repair/Maint -Buildings $275.00 12747 Total MAXIMUM SOLUTIONS, INC $275.00 Paid Chk# 030821 3/19/2012 MILLS, TATE E 101-42000-314 Meals (meetings) $36.52 02/25/12 Total MILLS, TATE $36.52 Paid Chk# 030822 3/19/2012 MINNESOTA DEPT OF LABOR & INDU G 101-21705 Building Permit Surcharge $1,617.82 2011 3rd Qtr G 101-21705 Building Permit Surcharge $703.86 2011 4th Qtr Total MINNESOTA DEPT OF LABOR & INDU $2,321.68 Paid Chk# 030824 3/19/2012 NAPA AUTO PARTS E 101-42000-405 Repair/Maint Buildings E 101-42000-405 Repair/Maint Buildings E 101-42000-405 Repair/Maint Buildings E 101-42000-405 Repair/Maint Buildings E 101-43100-404 Repair/Maint - Machinery/Equip E 101-42000-405 Repair/Maint Buildings Total NAPA AUTO PARTS PW workers comp PD workers comp FD workers comp BD workers comp Clerk workers comp Admin workers comp Admin workers comp CC workers comp Arena workers comp UD workers comp UD workers comp Fin Property Ins UD Property Ins CC Property Ins PD Property Ins PW Property Ins FD Property Ins BD Property Ins CH Gen Property Ins ClerkProperty Ins Admin Property Ins UD Property Ins CH repair wireless bridge to PW-FD- Arena MaxFacility annual service FD training session 2011 3rd Qtr Surcharge 2011 4th Qtr Surcharge $79.52 811458 FD oil, spark plug $79.52 811460 FD oil, parts for repair $25.52 811461 FD parts for repair $25.52 811462 FD repair engine $7.33 811699 PW oil, fuel, hose $61.98 811802 FD parts to repair equip $279.39 Paid Chk# 030825 3/19/2012 NEXTERA COMMUNICATIONS E 602-49400-321 Telephone $27.36 94666-9118711 phone/data network E 101-41940-321 Telephone $547.12 94666-9118711 phone/data network E 101-42400-321 Telephone $182.37 94666-9118711 phone/data network E 101-43100-321 Telephone $63.83 94666-9118711 phone/data network E 601-49450-321 Telephone $27.36 94666-9118711 phone/data network E 101-42000-321 Telephone $63.83 94666-9118711 phone/data network Total NEXTERA COMMUNICATIONS $911.87 Paid Chk# 030826 3/19/2012 NORTH MEMORIAL URGENT CARE E 101-42000-305 Medical -Physicals $86.00 498059-00/02-12 FD physical exam Total NORTH MEMORIAL URGENT CARE $86.00 Mayor and Council Communication - March 19, 2012 Finance - Payment of Claims Page 8 of 9 Check Amt Invoice Comment Paid Chk# 030827 3/19/2012 NORTH SUBURBAN REGIONAL MUTUAL E 101-42000-433 Dues and Subscriptions $150.00 40 FD 1-year membership Total NORTH SUBURBAN REGIONAL MUTUAL $150.00 Paid Chk# 030828 3/19/2012 PIZZA MAN E 810-00000-252 Food/Consessions For Resale $113.00 03/06/2012 Arena food for re-sale/concessions Total PIZZA MAN $113.00 Paid Chk# 030829 3/19/2012 PLASTIC BAGMART E 101-42400-200 Office Supplies (GENERAL) $41.84 75011/52123 BD plastic bags for permits Total PLASTIC BAGMART $41.84 Paid Chk# 030830 3/19/2012 POSTMASTER E 101-42000-200 Office Supplies (GENERAL) $44.00 Box No 56/2012 FD P O Box 56 Total POSTMASTER $44.00 Paid Chk# 030831 3/19/2012 SGC HORIZON LLC E 468-49000-300 Professional Srvs (GENERAL) $406.00 65046 1-94 Bid Opening publication E 468-49000-300 Professional Srvs (GENERAL) $406.00 65102 1-94 Publication Notice Total SGC HORIZON LLC $812.00 Paid Chk# 030832 3/19/2012 SUN PRESS & NEWSPAPERS E 101-41100-351 Legal Notices Publishing ($200.20) credit E 101-41100-351 Legal Notices Publishing $197.46 1092373 Amendment to the CIP E 468-49000-300 Professional Srvs (GENERAL) $550.88 1092374 1-94 Bid Opening Publication Total SUN PRESS & NEWSPAPERS $548.14 Paid Chk# 030833 3/19/2012 T-MOBILE - 828941579 E 101-41300-321 Telephone $85.41 8289415790212 Admin phone E 101-41400-323 Nextel Radio Units $85.41 8289415790212 Admin phone E 101-42000-321 Telephone $85.40 8289415790212 FD phone Total T-MOBILE - 828941579 $256.22 Paid Chk# 030834 3/19/2012 T-MOBILE - ACCOUNT 828939188 E 101-45100-323 Nextel Radio Units $65.92 8289391880212 PD phone E 101-42000-321 Telephone $65.92 8289391880212 FD phone E 601-49450-323 Nextel Radio Units $32.96 8289391880212 UD phone E 101-43100-323 Nextel Radio Units $65.92 8289391880212 PW phone E 101-42400-323 Nextel Radio Units $32.96 8289391880212 BD phone E 602-49400-323 Nextel Radio Units $32.96 8289391880212 UD phone Total T-MOBILE - ACCOUNT 828939188 $296.64 Paid Chk# 030835 E 601-49450-413 E 604-49960-413 E 602-49400-413 E 101-41400-413 E 101-42000-404 Paid Chk# 030836 E 810-00000-384 3/19/2012 TRYCO LEASING INC Office Equipment Rental Office Equipment Rental Office Equipment Rental Office Equipment Rental Repair/Maint - Machinery/Equip Total TRYCO LEASING INC 3/19/2012 WASTE MANAGEMENT Refuse/Garbage Disposal Total WASTE MANAGEMENT $45.87 5951 UD copier lease $16.69 5951 Sewer copier lease $20.85 5951 UD copier lease $125.12 5951 CH copier lease $113.64 5952 FD copier lease $322.17 $240.65 6159709-1593-5 Arena garbage service $240.65 Mayor and Council Communication — March 19, 2012 Finance — Payment of Claims Page 9 of 9 Check Amt Invoice Comment Paid Chk# 030837 3/19/2012 XCEL ENERGY E 101-43160-381 Electric Utilities $164.73 316778464 auto pro light E 101-43160-381 Electric Utilities $38.55 316778464-02 PW 11750 CR37 signal E 101-43100-381 Electric Utilities $372.15 316778464-02 PW facility 11822 63rd E 101-45100-381 Electric Utilities $219.40 316778464-02 PD picnic area E 601-49450-381 Electric Utilities $43.17 316778464-02 UD 5299 Kyler swr E 101-41940-381 Electric Utilities $1,188.13 316778464-02CH 5959 Main Ave E 101-43160-381 Electric Utilities $119.17 316778464-02Gen 5300 LaBeaux signal E 601-49450-381 Electric Utilities $49.55 316778464-02UD Lyman swr E 601-49450-381 Electric Utilities $347.95 316778464-02 UD swr lift station E 101-42000-381 Electric Utilities $458.82 316778464-02 FD 11350 57th St 514689784-9 E 101-43160-381 Electric Utilities $103.29 316778464-02Gen 5050 LaBeaux signal E 601-49450-381 Electric Utilities $50.57 316778464-02 UD 5900 CR 18 Swr 51-4689784-9 E 101-41940-381 Electric Utilities $126.34 316778464-02Gen 5975 Main Av E 101-41940-381 Electric Utilities $58.04 316778464-02Gen 5964 Main Av 51-4689784-9 E 101-43160-381 Electric Utilities $38.40 316778464-02 Gen 11060 61st 51-4689784-9 E 601-49450-381 Electric Utilities $3,950.72 316778464-02 UD sewage plant E 601-49450-381 Electric Utilities $41.95 316778464-02 UD 4940 Kaiser Swr 51-4689784-9 E 101-43160-381 Electric Utilities $40.23 316778464-02 PW 5700 LaBeaux signal E 101-45100-381 Electric Utilities $104.15 316778464-02PD ballfield/rink Central E 101-43160-381 Electric Utilities $62.28 316778464-02 PW 6002 Main Av lot lights E 101-45100-381 Electric Utilities $16.16 316778464-02 PD 5799 Lander Central Shelter E 601-49450-381 Electric Utilities $67.33 316778464-02 UD lift station E 101-41940-381 Electric Utilities $24.67 317332766-02Gen auto protect Igt E 101-45100-381 Electric Utilities $25.82 317494525-02 PD 11830 51 st (4 Season pk) E 101-45100-381 Electric Utilities $3.72 317517273-02 PD 5799 Lander siren E 101-43160-381 Electric Utilities $4.56 370142247-02PD 10820 Kantar E 101-43160-381 Electric Utilities $5,552.11 370142726-02 PW gen'i street lighting Total XCEL ENERGY $13,271.96 10100 Premier Bank Fund Summary 10100 Premier Bank 101 GENERAL FUND 206 WAC FUND 468 CSAH 19 RAMPS/I 94 Project 601 SEWER FUND 602 WATER FUND 604 STORM WATER 605 Recycling Fund 810 STMA ARENA $215,896.99 $150,775.70 $0.00 $5,762.88 $12,425.11 $34,563.18 $3,009.44 $6,384.01 $2,976.67 $215,896.99 bertvi ll �e Mayor and Council Communication Smell Town Uving. gig City Life. March 8, 2012 SUBJECT: CONSENT -CITY CLERK - ST. MICHAEL-ALBERTVILLE ROTARY CLUB GAMBLING PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION: Approve the St. Michael -Albertville Rotary Club's Lawful Gambling LG220 Application for Exempt Permit to sell Raffle tickets throughout Albertville for a drawing that will be held at the Cedar Creek Golf Club that is located at 5700 Jason Avenue NE, Albertville on Monday, May 21'% which a copy of the signed gambling permit will be kept on file in the office of the City Clerk and the original will be returned to the applicant for submittal to the Minnesota State Gambling Division for processing. BACKGROUND: This is the first time the St. Michael -Albertville Rotary Club has submitted a Lawful Gambling LG220 Application for Exempt Permit to the City Clerk. Such Gambling Permits are reviewed by the Clerk who prepares an RCA to present a motion for the Mayor and City Council to review and approve at a regular City Council meeting. St. Michael -Albertville Rotary Club is a non-profit organization that holds fund raising events throughout the year. The Lawful Gambling Permits require City Council approval prior to submitting to the State of Minnesota Gambling Division. KEY ISSUES: • This is the first Minnesota Lawful Gambling Permit LG220 application that has been submitted by the St. Michael -Albertville Rotary Club for the 2012 calendar year. • As noted above, the St. Michael -Albertville Rotary Club is a qualifying non-profit organization that has the opportunity to apply for a LG220 application for Exempt Permit. • The City Council has the option to either approve or deny any Minnesota Lawful Gambling Application that has been submitted to the City of Albertville. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: The Mayor and City Council review and approve applications for Gambling Permits during a regular City Council meeting for events held 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, Tipboards, Paddlewheels, and Raffles and conducting Bingo Activity at establishments within the Albertville city limits. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Administration/Larry Kruse, City Clerk Attachments: application M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Consent Clerk STMA Rotary Club Gambling Permit RCA.doc Minnesota Lawful Gambling Page 1 of 2 5/11 LG220 Application for Exempt Permit Application fee If application An exempt permit may be issued to a nonprofit organization that: less than 30 days ore than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 OR1.GANIZATION INFORMATION Check# _ . $ Organization name Previous gambling permit number Minnesota tax ID number, if any Federal employer ID number, if any Type of nonprofit organization. Check one. Fraternal t "Religious F Veterans Other nonprofit organization Mailing add r ss City State Zip Code ounty Name of chief executive officer (CEO) Daytime phone number Email address ffANe_Y Attar h a copy ofQ= of the following, for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. Elonprofit Articles of Incorporation OR a current Certificate of Good Standing . Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 FIRS Income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. (1 (.,_, XRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. � r rrN L L� Address (do not use PO box) City or township Zip Code County Jute AV ic: 3 01 Ido6 Dates) of activity (for raffles, indicate the date of the drawing) "7 Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* l4affles Paddlewheels* Pull -Tabs* Tipboards* * Gambling equipment for pull -tabs, bingo paper, tpboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4000. LG220 Application for Exempt Permit Page 2 of 2 5/11 LOCAL UNIT OF WMANMENT ACKNOWI.EDGMENt if the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking on this application and sign the application. taking on this application and sign the application. A township official is not required to sign the application. _The application is acknowledged with no waiting The application is acknowledged with no waiting period. period. _The application is acknowledged with a 30 day The application is acknowledged with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). permit after 30 days. The application is denied. ,The application is denied. Print county name Print city name On behalf of the county, I acknowledge this application. On behalf of the city, I acknowledge this application. Signature of county personnel receiving application Signature of city personnel receiving application Title Date (Optional) TOWNSHIP: On behalfofthe township, I acknowledge that the organization is applying for exempted Title Date gambling activity within the township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER`S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed an returned to the Board Within 30 days of the date of our gambling activity. PAtSi �2.'.i�` r Chief executive officer's signature dh Date L Complete a separate application for each gambling event: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a raffle drawing Is held be sent with your permit, or use the online fill-in form available at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status, and activity date, complete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. To: Gambling Control Board Questions? Call the Licensing Section of the Gambling 1711 West County Road B, Suite 300 South Control Board at 651-639-4000. Roseville, MN 55113 i nis roan will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; howeve r, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. 19 �lbcrtvijlc Mayor and Council Communication Smell T' m.' UW.9. 61g Gty UFO. March 15, 2012 SUBJECT: CONSENT -ADMINISTRATION -CITY CLERK — ALBERTVILLE LIONS ONE -DAY LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION: Approve a One -day 3.2% Malt Liquor License application submitted by the Albertville Lions for a fundraiser with proceeds going to the Albertville Fire Department for upgrades. The event will be at the St. Albert Parish Center on Saturday, April 28, 2012 with the hours of operation beginning at 3:00 p.m. and ending at 10:00 p.m. BACKGROUND: This is the first One -day 3.2% Malt Liquor License application that has been submitted by the Albertville Lions group for 2012. Such applications are submitted to the City Clerk who prepares a recommendation to the Mayor and City Council for review and approval at a regular meeting. At such time the Council may ask questions regarding the liquor license applications that are submitted to the City Clerk. KEY ISSUES: • The Albertville Lions has submitted One -day 3.2% Malt Liquor License applications for various events that are held within the city limits over the past several years. • This is the first application that the Albertville Lions has submitted for 2012 calendar year. • The Mayor and City Council has the option to approve or deny any One -day 3.2% Malt Liquor License application that has been submitted. • This event will be held in a facility that is not city owned; however, the structure is within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is minimal 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 liquor licenses and gambling permit applications received by the City of Albertville. Department/Responsible Person: Administration/Larry Kruse, City Clerk Attachments: Application M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Consent Clerk (Albt Lions 1-day Liq Lic AN FD) RCA.doc lbertvilje Small Town wing. I% aty IBs. APPLICATION FOR ONE -DAY 3.2% MALT LIQUOR LICENSE The undersigned certifies that it complies with Minnesota State Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club " within that section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. L 1. Name of Applicant (organization): 7-1 1 1 )f 1 �) U d I I - 2. Name and Address of President and Secretary of Applicant: Af e,�,­ Apt) -f -k'�nr� IIe,6-n n, �r­iclfi 5959 Main Avenue NE P.O. Bog 9 Albertville, MN 55301 3. Purpose for which funds derived will be used: h l b --e z- u I i i �. i t [ (' 4. Date(s) of activity: 5. Premises from which 3.2% malt liquor will be dispensed on said date: 6. Hours of operation: 2� C) yky\, 7. Number of previous license obtained this calendar year: 91 8. Name, address, telephone number and position held with Club of person signing this application: P pp icant's Signature Date MAPublic Data\City Clerk\Liquor License\Application Forms\3.2 One -Day Liquor License.doc �bcrtviljc Mayor and Council Communication iif March 15, 2012 SUBJECT: CONSENT ADMINISTRATION -CITY CLERK — ANNUAL RENEWAL OF LIQUOR LICENSES (2ND PART) RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion(s): MOTION: Approve the following list of Annual Renewal Liquor License Applications for the following establishments in Albertville: • 2012-2013 Off -Sale Intoxicating Liquor License to 152 Club Inc. for 152 Club; and, 2012- 2013 On -Sale Intoxicating Liquor License to 152 Club Inc. for 152 Club; and, 2012-2013 Sunday Liquor License to 152 Club Inc. for 152 Club; and, • 2012-2013 Off -Sale Intoxicating Liquor License to Neighbors Bar & Grill Inc. for Neighbors Eatery & Saloon; and, 2012-2013 On -Sale Intoxicating Liquor License to Neighbors Bar & Grill Inc, for Neighbors Eatery & Saloon; and, 2012-2013 Sunday Liquor License to Neighbors Bar & Grill Inc. for Neighbors I atery & Saloon; and, • 2012-2013 On -Sale Wine License to Romeo Foods Inc for Patty J's Cafe; and, 2012-2013 On -Sale 3.2% Malt Beverage License to Rolneo Foods Inc. for Patty J's Cafe; and, • 2012-2013 On -Sale Intoxicating Liquor License to TC Generations LLC for PubHouse 19 ; and, 2012-2013 Sunday Liquor License to TC Generations LLC for PubHouse 19; and, • 2012-2013 On -Sale 3.2% Malt Beverage Liquor License to D's Family Pizza LLC for D's Family Pizza. BACKGROUND: The State of Minnesota Alcohol and Gambling Division sends the Annual Renewal Liquor License applications for establishments within the Albertville city limits. Upon receipt of the applications, city staff prepares a letter to include with the application to the specified restaurant and or store for their individual review, completion, and signature by the owner. They are instructed to return to the signed -completed application along with their `Certificate of Insurance' and the appropriate liquor license fees back to the Albertville city offices for processing. KEY ISSUES: • Approve all or specified Liquor License Renewal Applications as submitted to the City Clerk provided the establishments will abide by the rules and restrictions set by the City, County, and State. • Consider denying the renewal of the Liquor Licenses based on failure to be incompliance with the City, County, or State requirements, which would include Fire Inspection or other Building Code violations. POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council's policy to review and approve liquor license applications to sell liquor at various business establishments within the Albertville city limits. M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Consent Admin-Clerk Renewal of Liq Lic (part 2).doc Mayor and Council Communication —March 15, 2012 City Clerk — Annual Renewal of Liquor Licenses Page 2 of 2 FINANCIAL CONSIDERATIONS: The City collects a Liquor License fee that varies depending upon the type of license applied for (ie.: `On -Sale' Intoxicating $3,300; `Special Sunday' $200; `Off -Sale' Intoxicating $150; `On -Sale' Wine $110, `On -Sale' 3.2% $100, and `Off -Sale' 3.2% Malt $100). Denial of a license will affect the financial revenue for fees collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review, approve or deny; then direct staff to take action regarding any or all liquor license applications received by the City of Albertville. Department/Responsible Person: Administration/Larry Kruse, City Clerk Attachments: None M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Consent Admin-Clerk Renewal of Liq Lic (part 2).doc 23 A,lbertvi lle Mayor and Council Communication Small Taw, Uving. lNg Giry UFO. March 15, 2012 SUBJECT: CONSENT LEAGUE OF MINNESOTA CITIES NO FAULT SEWER COVERAGE RECOMMENDATION: It is respectfully requested that the Mayor and City Council adopt the following: Motion approve the Resolution 2012-011, increase the "No Fault Sewer Coverage" provided by the League of Minnesota Cities Insurance Trust (LMCIT) from $10,000 to $25,000 per occurrence. BACKGROUND: The city in recent years purchased additional coverage in the amount of $10,000 per occurrence for "No Fault Sewer". The recommendation is to increase that coverage amount to $25,000 because more residents have finished lower levels in their homes. This insurance provides first dollar coverage beyond the homeowners insurance. The Cost of the initial $10,000 of sewer backup insurance is $1,060. The League establishes a premium based on both the number of sewer backup incidents and the quality of our maintenance program. Our insurance is reasonable low because we have not had a significant amount of backups, and we have a quality sewer maintenance program. The $188 is a modest amount of premium to cover the increased investments residents have in their basements. POLICY CONSIDERATIONS: The City does not have a policy on insurance and these issues are handled on a case by case basis. FINANCIAL CONSIDERATIONS: The cost to increase coverage for "No Fault Sewer" is $188 for the year. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract for insurance coverage. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Encl: Resolution 2012-011 Mayor and Council Communication — March 19, 2012 City Council — L.M.C.I.T. Insurance Policy Renewal Page 2 of 4 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2012-011 RESOLUTION ESTABLISHING LIMITED CLEANUP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACKUPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS WHEREAS, the City of Albertville provides water and sanitary sewer services to property within its jurisdiction; and, WHEREAS, water main breaks may cause water to enter into property causing damage; and, WHEREAS, blockages or other conditions in the City's sanitary sewer lines may cause the backup of sewage into properties that are connected to the City's sanitary lines; and, WHEREAS, water main breaks and sewer backups pose a public health and safety concern; and, WHEREAS, it is often difficult to determine the exact cause and responsibility for water main breaks and sanitary sewer backups; and, WHEREAS, the governing body of the City of Albertville desires to encourage the expeditious clean up of properties that have encountered damage from water main breaks and sewer backups; and, WHEREAS, the governing body of the City of Albertville desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer backup claims; and, WHEREAS, the City of Albertville is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and, WHEREAS, LMCIT has offered the City of Albertville limited "No Fault" water main breaks and sewer backups coverage that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the City of Albertville is at fault. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota as follows: The City of Albertville, as part of the contract for providing water and sewer services to the customers of the City of Albertville, and in consideration of the payment of water and sewer bills, agrees to reimburse water and sanitary sewer customers for up to $25,000 of clean-up costs and property damages caused by a water main break or sanitary sewer backup, regardless of M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 no fault sewer coverage.doc Meeting Date March 19, 2012 Mayor and Council Communication — March 19, 2012 City Council — L.M.C.I.T. Insurance Policy Renewal Page 3 of 4 whether the City of Albertville is negligent or otherwise legally liable for damages, subject to the following conditions: 1. Water main Breaks. For water main breaks: A. LMCIT will pay for claims presented by the City of Albertville for water main break damage to property of others which was not caused by the City of Albertville's negligence. B. Neither the City of Albertville nor LMCIT will pay for damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners' or other property insurance. C. The maximum amount that the City of Albertville or LMCIT will reimburse is $25,000 to any claimant, regardless of the number of occurrences or the number of properties affected. D. Neither the City of Albertville nor the LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or $25,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants' preliminary reimbursement figures. 2. Sanitary Sewer Backups. For sanitary sewer backups: A. The backup must have resulted from a condition in the City of Albertville's sanitary sewer system or lines; and not from a condition in a private line. B. The backup must not have been caused by catastrophic weather or other events for which Federal Emergency Management Assistance is available. C. The backup must not have been caused by an interruption in electric power to the City of Albertville's sewer system or to any Albertville lift station, which continues for more than 72 hours. D. The backup must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 no fault sewer coverage.doc Meeting Date March 19, 2012 Mayor and Council Communication — March 19, 2012 City Council — L.M.C.I.T. Insurance Policy Renewal Page 4 of 4 E. Neither the City of Albertville nor the LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City of Albertville or LMCIT will reimburse is $25,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the City of Albertville's sewer system is considered a single building. Adopted by the City Council of the City of Albertville this 5th day of March 2012. Mark Meehan, Mayor ATTEST: Larry Kruse, City Administrator/Clerk M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 no fault sewer coverage.doc Meeting Date March 19, 2012 Nbertvillc Mayor and Council Communication il March 15, 2012 SUBJECT: Engineering — I-94 Improvements RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion to proceed with the I-94 Westbound Collector Distributor Road Project to be made in the following order: MOTION: Approve Resolution No. 2012-012 entitled a Resolution Ordering Improvement. MOTION: Approve Resolution No. 2012-013 entitled a Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase a $4,113,700 General Obligation Improvement Note of 2012, Providing for Issuance, and Authorizing Execution of a Project Loan Agreement. MOTION: Approve Resolution No. 2012-14 entitled a Resolution to approve an Agreement Between the City of Albertville and CenterPoint Energy to relocate I-94 Natural Gas Pipelines. INFORMATION: On Tuesday, March 13, 2012, bids were opened for the project and the low bid from Eureka Construction in the amount of $6,645,796.85 was identified as the low bidder meeting all of the Federal and State requirements. Pursuant to due call on Monday, March 19, 2012, the City Council will host a public improvement hearing to listen to individuals and businesses for or against the City proceeding with the project. Public notice has been published in the Crow River News and mailed notice has been sent to properties which have been identified as benefiting from the project and to be assessed. To complete the proposed I-94 Improvement, it is necessary to relocate approximately 280 feet of natural gas pipeline located on the east side of CSAH 19 where the new I-94 westbound exit ramp will be located at an estimated cost of $76,116.00. The proposed Agreement identifies the roles and responsibilities of each party and commits Albertville to pay for CenterPoint Energy's costs associated with the utility relocation. Following adjournment of the Public Hearing, the Council may consider ordering the improvement and pass a resolution authorizing its financing. To proceed and have the ability to assess the properties later this year, the resolutions must be passed in the order presented. Prior to adopting any of the above resolutions, the Council should be aware at this time that staff is recommending assessing benefited properties $945,196. Being this project is a City initiated project, it will take a super -majority (4/5ths) vote to order the improvement and assess benefited properties. Staff is planning on hosting the assessment hearing later this fall as the project approaches substantial completion. Lacking that super -majority, the City may not have authority to bond for the project, or have an unexpected tax levy to support the annual debt service. It is important for the Council to be aware of this 4/5th vote criteria before ordering the improvement. Meeting Date: March 19, 2012 Mayor and Council Communication — March 19, 2011 I-94 Collector Distributor Road Project Page 2 of 2 The State has requested the City hold off on awarding the I-94 Bid until the State finalizes it approval, which will hopefully be the April 2nd regular City Council meeting. Possibly at the same time as the award, staff will be making a recommendation on a Project Management Team and award of a material testing contract. KEY ISSUES: The Engineer's estimate was $8,100,000 and the $6,645,796.85 bid by Eureka Construction is approximately 18% under the estimate. Construction contingencies have been included in the estimates to fund necessary construction change orders. The City may have a number of Assessment Appeals and there is always some risk that the Court could lower the benefit determined by our appraisers and shift that burden onto Albertville taxpayers. POLICY CONSIDERATIONS: Ordering Improvements, awarding construction bids and financing project is done on a project by project basis. FINANCIAL CONSIDERATIONS: The City expects to receive $5,737,688.80 from the State for I-94 construction of the I94 WB CD road. Wright County has committed up to $1,640,000 towards the project and benefited property is to be assessed $945,196. The City proposes to pay a $4,113,700 PFA Loan back over a 20 year period. Interim financing will be done through use of the Minnesota State Interchange Grant Program and draw down the PFA Loan throughout the project. LEGAL CONSIDERATIONS: The Mayor and Council is required to host a public improvement hearing prior to Ordering an Improvement Project. Following approval of the Minnesota State Department of Transportation the City has the authority to approve the low bid and award the contract. The City's Bond attorney has prepared the Bond Resolution and legal process to issue bond financing under Minnesota State Statute 429, which calls for assessing a minimum of 20% of the project. Wright County has approved an Agreement with the City of Albertville to make semi-annual payments to the City to pay their portion of the debt. Submitted Through: Larry R. Kruse, City Administrator Department/Responsible Person: Engineering/Adam Nafstad, City Engineer Attachments: Resolution 2012, 2013, 2014 Meeting Date: March 19, 2012 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF NIINNESOTA RESOLUTION # 2012-012 RESOLUTION ORDERING IMPROVEMENT WHEREAS, the Albertville City Council has received a feasibility study for the improvement of Interstate 94 and CSAH 19 access by the addition of a westbound collector -distributor (C-D) interchange connection between CSAH 37 and CSAH 19 within the corporate limits of Albertville. The interchange improvements include reconfiguring the existing half diamond at CSAH 19 and full diamond at CSAH 37 as a split with a C-D road under CSAH 37. The improvements will provide access to CSAH 19 for westbound traffic. All said improvements are located within the City of Albertville or MnDOT Right -of -Way; and WHEREAS, the Albertville City Council has received plans and specifications for aforementioned improvements; and WHEREAS, notice of the public hearing held on March 19, 2012, was properly mailed and published according to the requirements of Minnesota Statutes Chapter 429; and WHEREAS, the City Council has taken comment on the project from the public at the March 19, 2012 public improvement hearing. NOW, THEREFORE, be it resolved by the City Council of the City of Albertville, Wright County, Minnesota: 1. Such improvement is hereby approved and ordered. Adopted by the City Council of the City of Albertville this 19th day of March, 2012. Mark Meehan, Mayor ATTEST: Larry Kruse, City Clerk/Administrator 011 RESOLUTION NO. 2012-013 RESOLUTION ACCEPTING THE OFFER OF THE MINNESOTA PUBLIC FACILITIES AUTHORITY TO PURCHASE A $4,113,700 GENERAL OBLIGATION IMPROVEMENT NOTE OF 2012 PROVIDING FOR ITS ISSUANCE, AND AUTHORIZING EXECUTION OF A PROJECT LOAN AGREEMENT WHEREAS, the City Council of the City of Albertville, Wright County, Minnesota (the "City"), has applied for a transportation revolving fund loan ("TRLF Loan") from the Minnesota Public Facilities Authority (the "PFA") to provide financing for funding eligible project costs, specifically for the construction of improvements to, and reconfiguration of, the interchange of CSAH 19 and CSAH 37 (the 'Project"); and WHEREAS, the PFA has committed to make a loan to the City in the maximum principal amount of $4,113,700, to be disbursed and repaid in accordance with the terms of a Public Facilities Authority General Obligation Bond Purchase and Project Loan Agreement (the "Agreement") executed by the PFA and City, a copy of which is before this meeting and on file with the City Clerk, and which, as executed, is incorporated by reference; and WHEREAS, the City is authorized by Minnesota Statutes, Chapters 429 and 475 (the "Act") to finance all or a portion of the cost of financing the Project by the issuance of a general obligation note of the City payable from special assessments and ad valorem taxes; and WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City to issue $4,113,700 General Obligation Improvement Note of 2012 (the "Note") pursuant to the Act, to provide financing for the Project; and WHEREAS, the Project and all their components have heretofore been ordered, after a hearing thereon for which notice was given describing the Project or all their components by general nature, estimated cost, and area to be assessed; and WHEREAS, the Note is intended to bear interest that is exempt from federal and state income taxes; and WHEREAS, in accordance with Minnesota Statutes, section 475.60, subdivision 2(4), the City is authorized to issue and sell obligations to a board, department or agency of the State of Minnesota by negotiation and without advertisement for bids, and the PFA is, and has represented that it is, a board, department or agency of the State of Minnesota; and WHEREAS, a contract or contracts for the Project have been or will be made by the City with the approval of the PFA and all other state and federal agencies whose approval is required: 397740v2 SJB AL141-56 31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota, as follows: 1. Acceptance of Offer: Payment. The offer of the PFA to purchase the Note at the rate of interest hereinafter set forth, and to pay therefor the par amount of the Note as provided below, is accepted, and the sale of the Note is awarded to the PFA. Payments for the Note are to be disbursed in installments as eligible costs of the Project are reimbursed or paid, all as provided in the Project Loan Agreement. 2. Title: Date: Denomination: Interest Rates: Maturities. The Note will be a fully registered negotiable obligation, titled the "General Obligation Improvement Note of 2012", dated as of the date of delivery and issued forthwith. The Note is in the principal amount of $4,113,700 or so much thereof as is disbursed pursuant to the Project Loan Agreement, bearing interest on so much of the principal amount of the Note as (i) may be disbursed from time to time as provided in the Project Loan Agreement and (ii) remains unpaid, until the principal amount of the Note has been paid or has been provided for, at the rate of 1.277% per annum (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Note is payable semi- annually on February 20 and August 20, commencing August 20, 2013. Principal of the Note matures on August 20 of the years and in the installments as follows: Year Amount Year Amount 2013 $90,700 2023 $211,000 2014 188,000 2024 214,000 2015 191,000 2025 217,000 2016 193,000 2026 219,000 2017 196,000 2027 222,000 2018 198,000 2028 225,000 2019 201,000 2029 228,000 2020 203,000 2030 231,000 2021 206,000 2031 234,000 2022 209,000 2032 237,000 Interest will accrue only on the aggregate principal amount of the Note that has been disbursed and is unpaid under the Project Loan Agreement. The principal installments are to be paid in the amounts scheduled above even if at the time of payment the full principal amount of the Note has not been disbursed; provided that if the full principal amount of the Note is never disbursed, the amount of the principal not disbursed is to be applied to reduce each unpaid principal installment in the proportion that such installment bears to the total of all unpaid principal installments (i. e., the remaining principal payment schedule will be reamortized to provide similarly level annual installments of total debt service payments). Principal, interest and any premium due under the Note will be paid on each payment date by wire payment, or by check or draft mailed at least five business days prior to the payment date to the person in whose name the Note is registered, in any coin or currency of the United States which at the time of payment is legal tender for public and private debts. Interest on the Note includes amounts treated by the PFA as service fees. 397740v2 SJB AL141-56 2 32 3. Purpose: Cost. The proceeds of the Note are intended to provide funds to finance construction of the Project. The total cost of the construction of the Project, including legal and other professional charges, publication and printing costs, interest accruing on money borrowed for the Project before the collection of special assessments and taxes pledged and appropriated therefore and all other costs necessarily incurred and to be incurred from the inception to the completion of the Project, is estimated to be at least equal to the amount of the Note. The City covenants that it will do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Redemption. The Note is subject to redemption and prepayment in whole or in part (i) at the option of the City or (ii) mandatorily, as provided in the Project Loan Agreement. If redemption is in part, installments of principal payable last under the Note must be prepaid first, unless the City and the holder of the Note agree to a different manner of payment. 5. Registration of Note. At the time of issuance and delivery of the Note, the City Clerk (the "Clerk") must register the Note in the name of the payee in a note register maintained for the purpose of registering the ownership of the Note. The Note is to be prepared for execution with an appropriate text and spaces for notation of registration. The force and effect of such registration is as stated in the form of Note. Payment of principal installments and interest, whether upon redemption or otherwise, made with respect to the Note, may be made to the registered holder thereof without presentation or surrender of the Note. 6. Form of Note. The Note, together with the Certificate of Registration attached thereto, will be in substantially the following form: 39774M SJB AL141-56 3 33 $4,113,700 UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF ALBERTVILLE WRIGHT COUNTY $4,113,700 GENERAL OBLIGATION IMPROVEMENT NOTE OF 2012 KNOW EVERYONE BY THESE PRESENTS that the City of Albertville, a municipal corporation in Wright County, Minnesota (the "City"), acknowledges that it is indebted and for value received promises to pay to the Minnesota Public Facilities Authority or the registered assigns, the principal sum of $4,113,700, or so much thereof as may have been disbursed, on August 20 of the years and in the installments as follows: Year Amount Year Amount 2013 $90,700 2023 $211,000 2014 188,000 2024 214,000 2015 191,000 2025 217,000 2016 193,000 2026 219,000 2017 196,000 2027 222,000 2018 198,000 2028 225,000 2019 201,000 2029 228,000 2020 203,000 2030 231,000 2021 206,000 2031 234,000 2022 209,000 2032 237,000 and to pay interest on so much of the principal amount of the debt as (i) may be disbursed from time to time as provided in the Project Loan Agreement (as defined below) and (ii) remains unpaid until the principal amount hereof is paid or has been provided for, at the rate of 1.277% per annum (calculated on the basis of a 360-day year of twelve 30-day months). Interest on this Note is payable semiannually on each February 20 and August 20, commencing, August 20, 2013. Principal and Interest Payments. Interest accrues only on the aggregate amount of this Note that has been disbursed under the Public Facilities Authority General Obligation Bond Purchase and Project Loan Agreement dated as of January 6, 2012, by and between the City and the Minnesota Public Facilities Authority (the 'Project Loan Agreement"). The principal installments will be paid in the amounts scheduled above even if at the time of payment the full principal amount of this Note has not been disbursed; provided that if the full principal amount of this Note is never disbursed, the amount of the principal not disbursed is to be applied to reduce each unpaid principal installment in the proportion that such installment bears to the total of all unpaid principal installments (i.e., the remaining principal payment schedule is to be reamortized to provide similarly level annual installments of total debt service payments). 397740v2 SJB AL141-56 4 34 Interest on this Note includes amounts treated by the Minnesota Public Facilities Authority as service fees. Principal, interest and any premium due under this Note will be paid on each payment date by wire payment, or by check or draft mailed at least three business days prior to the payment date to the person in whose name this Note is registered, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. Redemption. This Note is subject to redemption and prepayment in whole or in part (i) at the option of the City and (ii) mandatorily, as provided in the Project Loan Agreement. If redemption is in part, installments of principal payable last under this Note must be prepaid first, unless the City and the holder of this Note agree to a different manner of payment. Purpose; General Obli ag tion. This Note has been issued pursuant to and in full conformity with the constitution and law of the State of Minnesota for the purpose of providing money to finance eligible project specifically for the construction of improvements to, and reconfiguration of, the interchange of CSAH 19 and CSAH 37 (the "Project"), and is payable out of a special PFA Debt Service Account of the City to which account have been pledged special assessments and ad valorem taxes. This Note has been issued pursuant to and in full conformity with Minnesota Statutes, Chapters 429 and 475, and the principal hereof and interest hereon are payable from special assessments and ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith, credit and taxing powers of the City are irrevocably pledged for payment of this Note and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may be levied without limitation as to rate or amount. Registration: Transfer. This Note must be registered in the name of the payee on the books of the City by presenting this Note for registration to the City's Finance Director, who will endorse the Finance Director's name and note the date of registration opposite the name of the payee in the certificate of registration attached hereto. Thereafter this Note may be transferred to a bona fide purchaser only by delivery with an assignment duly executed by the registered owner or owner's legal representative, and the City may treat the registered owner as the person exclusively entitled to exercise all the rights and powers of an owner until this Note is presented with such assignment for registration of transfer, accompanied by assurance of the nature provided by law that the assignment is genuine and effective, and until such transfer is registered on said books and noted hereon by the City Finance Director. Fees Uvon Transfer or Loss. The Finance Director may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer of this Note and any legal or unusual costs regarding transfers and lost notes. Project Loan Agreement. The terms and conditions of the Project Loan Agreement are incorporated herein by reference and made a part hereof. The Project Loan Agreement may be attached to this Note and must be attached to this Note if the holder of this Note is any person other than the Minnesota Public Facilities Authority. 397740v2 SJB AL141-56 5 35 Tax -Exempt Obligation. The City intends that the interest to be paid on this Note will be excluded from gross income for United States income tax purposes or from both gross income and taxable net income for State of Minnesota income tax purposes. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Note, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that the issuance of this Note does not cause the indebtedness of the City to exceed any constitutional, or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Albertville, Wright County, Minnesota, by its City Council has caused this Note to be executed on its behalf by the signatures of its Mayor and City Administrator, all as of , 2012. CITY OF ALBERTVILLE, MINNESOTA Mayor City Administrator 397740v2 SJB AL141-56 0 36 General Obligation Improvement Note of 2012 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Note may be made only by the registered owner or by the owner's legal representative last noted below. DATE OF SIGNATURE OF REGISTRATION REGISTERED OWNER FINANCE DIRECTOR Minnesota Public Facilities Authority Saint Paul, Minnesota Federal Employer Identi- fication No. 41-6007162 7. Execution. The Note is to be executed on behalf of the City by the signatures of its Mayor and its City Administrator. In the event of disability or resignation or other absence of either such officer, the Note may be signed by the manual signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature will appear on the Note ceases to be such officer before the delivery of the Note, that signature will nevertheless be valid and sufficient for all purposes, the same as if that officer had remained in office until delivery. 8. Delivery, Application of Proceeds. The Note when so prepared and executed will be delivered by the Finance Director to the purchaser thereof prior to disbursements pursuant to the Project Loan Agreement, and the purchaser is not obligated to see to the proper application those disbursements. 9. Payment; Security; Pledges and Covenants. (a) The Note is payable from the Improvement Note of 2012 Debt Service Fund (PFA Debt Service Fund) hereby created, and the proceeds of general taxes herein levied (the "Taxes"), and special assessments (the "Assessments") levied are hereby pledged to the PFA Debt Service Fund. If a payment of principal or interest on the Note becomes due when there is not sufficient money in the PFA Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments and Taxes when collected. (b) The proceeds of the Note, together with any other funds appropriated for the Project will be deposited in a separate construction fund (the "PFA Construction Fund") to be used solely to defray expenses of the Project. The Note is the only source of money to be credited to the PFA Construction Fund. It is recognized that the sale proceeds of the Note are received in reimbursement for costs expended on the Project or in direct payment of such costs, and that 397740v2 SJB AL141-56 7 37 accordingly the money need not be placed in the PFA Construction Fun upon receipt but may be applied immediately to reimburse the source from which the expenditure was made. Money in the PFA Construction Fund is to be used solely for the purpose of paying for the cost of constructing the Project, including all costs enumerated in Section 475.65 of the Act, provided that such money may only be expended for costs and expenses which are permitted under the Project Loan Agreement. The PFA prohibits the use of proceeds of the Note to reimburse costs initially paid from proceeds of other obligations of the City unless otherwise specifically approved by the PFA. Upon completion of the Project and the payment of the costs thereof, any surplus is to be transferred to the Debt Service Account. (c) The City has caused or will cause the Assessments for the Project to be promptly levied so that the first installment will be collectible not later than 2013 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of the Project financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (d) For the purpose of paying the principal of and interest on the Note, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the PFA Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of collection): (See Exhibit A) (e) It is determined that the estimated collections of Assessments and Taxes will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Note. The tax levy herein provided is irrepealable until the Note is paid, provided that the City Administrator may annually, prior to the date it levies taxes, certify to the County Auditor of Wright County the amount available in the PFA Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. (f) The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate required by Minnesota Statutes, section 475.63. 10. General Obligation Pledge. The full faith and credit and taxing powers of the City will be, and are irrevocably pledged for the prompt and full payment of the principal of and interest on the Note as the same respectively become due. If Taxes and Assessments pledged to the payment of principal and interest on the Note are at any time insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount, an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as the same become due. 39774M SJB AL141-56 8 11. Project Loan Agreement. The Project Loan Agreement is approved in substantially the form heretofore presented to the City Council, and in the form executed is hereby incorporated by reference and made a part of this resolution. Each and all of the provisions of this resolution relating to the Note are intended to be consistent with the provisions of the Project Loan Agreement, and to the extent that any provision in the Project Loan Agreement is in conflict with this resolution as it relates to the Note, that provision controls and this resolution is deemed accordingly modified. The Mayor and City Administrator are hereby authorized and directed to execute the Project Loan Agreement. The execution of the Project Loan Agreement by the appropriate officers is conclusive evidence of the approval of the Project Loan Agreement in accordance with the terms hereof. The Project Loan Agreement may be attached to the Note, and must be attached to the Note if the holder of the Note is any person other than the PFA. 12. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the PFA, and to the attorneys approving the legality of the issuance of the Note, certified copies of all proceedings and records of the City relating to the Note and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, are to be deemed representations of the City as to the facts recited therein. 13. Negative Covenants as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Note or to use the Project, or to cause or permit either of them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Note to be a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. The City reasonably expects that no actions will be taken over the term of the Note that would cause it to be a "private activity bond", and the average term of the Note is not longer than reasonably necessary for governmental purpose. The City covenants not to use the proceeds of the Note in such a manner as to cause the Note to be a "hedge bond" within the meaning of Section 149(g) of the Code. 14. Tax -Exempt Status of the Note: Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income on the Note under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Note. 15. Severability. if any section, paragraph or provision of this resolution is held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision will not affect any of the remaining provisions of this resolution. 15. Headin-2s. Headings in this resolution are included for convenience of reference only and are not a part hereof and do not limit or define the meaning of any provision hereof. (The remainder of this page is intentionally left blank) 39774M SJB AL141-56 W 39 IW4a,If30W., TAX LEVY SCHEDULE YEAR TAX LEVY 2013 $72,082.30 2014 185,368.13 2015 185,997.32 2016 185,536.29 2017 186,098.46 2018 185,570.39 2019 186,065.51 2020 185,470.39 2021 185,898.48 2022 186,286.33 2023 185,583.93 2024 185,904.77 2025 186,185.33 2026 185,375.68 2027 185,589.24 2028 185,762.55 2029 185,895.63 2030 185,988.49 2031 186,041.13 2032 186,053.54 397740v2 SJB ALI41-56 10 The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 39774M SJB AL141-56 11 41 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF M NNESOTA RESOLUTION # 2012-014 RESOLUTION APPROVING AN AGREEMENT TO RELOCATE NATURAL GAS PIPELINE WHEREAS, plans and specifications for the improvement of Interstate 94 and CSAH 19 access by the addition of a westbound collector -distributor (C-D) interchange connection between CSAH 37 and CSAH 19 have been prepared and such plans and specifications have been presented and approved by the Albertville City Council; and WHEREAS, it is necessary to enter into an Agreement with CenterPoint to relocate their Natural Gas Pipeline currently located under the proposed improvement; and WHERAS, approximately 280 feet of Gas Pipeline need to be relocated at an estimated cost of $76,116. WHEREAS, the Agreement identifies roles and responsibilities of each party and commits the City of Albertville to pay CenterPoint Energy for all costs associated with the relocation work. NOW, THEREFORE, be it resolved by the City Council of the City of Albertville, Wright County, Minnesota, to approve Resolution No. 2012-015 entitled Agreement to Relocate Natural Gas Pipeline and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the City Council of the City of Albertville this 19th day of March, 2012. Mark Meehan, Mayor ATTEST: Larry Kruse, City Clerk/Administrator 42 AGREEMENT TO RELOCATE NATURAL GAS PIPELINE This Agreement to Relocate Natural Gas Pipeline dated , 2012, ("Agreement") is between CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy") and the City of Albertville, Minnesota. RECITALS The City of Albertville has requested that CenterPoint Energy perform the following work: relocate approximately 280 feet of natural gas pipeline as shown on CenterPoint Energy Main Project 52345236 of 2011 and Exhibit A, attached to and made a part of this Agreement by reference. CenterPoint Energy estimates this project will cost $76,116.00. Therefore, in consideration of the mutual promises set forth herein and other valuable consideration, the parties agree: The Recitals are made a part of this Agreement. 2. Easement modifications are necessary. The existing easement will remain in force until relocation is complete and new easement documents executed. 3. CenterPoint Energy will relocate its natural gas pipeline facilities in coordination with the City of Albertville construction of the Project as provided in Exhibit A. CenterPoint Energy shall not be liable for delays in project completion that are outside of the control of CenterPoint Energy. 4. The City of Albertville agrees to pay CenterPoint Energy for all costs CenterPoint Energy incurs in relocating the pipeline. 5. Costs include, but are not limited to, contract labor, internal labor, materials, taxes and internal overhead charges. The parties agree that CenterPoint Energy's standard accounting records and procedures shall be acceptable to determine costs. 6. CenterPoint Energy and CenterPoint Energy's Contractor shall have complete, unlimited access to the relocation site. 7. The facilities or equipment installed or removed by CenterPoint Energy or its Contractor shall be CenterPoint Energy's property. Payment by the City of Albertville does not entitle it to any ownership interests or rights in that property. CenterPoint Energy will not remove abandoned pipelines except as required by law. 8. The City of Albertville will pay the full actual cost of the relocation to Page 1 of 2 43 CenterPoint Energy after the relocation is completed and CenterPoint invoices the City of Albertville. 9. The amount specified above is an estimate, and the City of Albertville agrees to pay to CenterPoint Energy any costs, including all applicable taxes, in excess of that amount within 35 days of a final invoice summary from CenterPoint Energy. Invoice amounts not paid within 35 days of invoice date will be assessed an additional 1.5% per month. 10. The exact nature and scope of CenterPoint Energy's work, including materials, fittings, etc., may not be determined until a complete visual inspection of the gas facilities has been made by CenterPoint Energy. 11. If CenterPoint Energy, in its reasonable judgment, determines that the pipeline relocation as provided in Exhibit A is not feasible at any time, City of Albertville and CenterPoint Energy will in good faith evaluate the relocation and modify Exhibit A to enable relocation of CenterPoint Energy's natural gas pipeline facilities. 12. Failure by CenterPoint Energy to insist upon observance of any terms or provisions of this Agreement shall not be deemed a waiver of CenterPoint Energy's rights. No waiver shall be binding on CenterPoint Energy unless in writing. 13. This Agreement may be modified only by a writing signed by both parties. 14. The persons signing this Agreement have the real and apparent authority to bind the respective parties. 15. This Agreement is binding upon the successors and assigns of the parties. This Agreement shall be governed by the laws of the State of Minnesota. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas City of Albertville, Minnesota By: By: Its: Its: Page 2 of 2 Ei A�Ibicrtvillc Small Town living. Big City Ufa. 5959 Main Avenue NE, Albertville, MN 55301 (763) 497-3384 Date: March 15, 2012 To: Mayor and City Council From: Larry Kruse, City Administrator Re: 5964 and 5975 Main Avenue Lease Mayor Meehan approached me last week about using the 5975 Main Building as a Historical Society Building. I don't know the details of the Mayor's plans and thought this an opportunity for him to share his thoughts. I am looking for guidance on what the Council wants to do with the 5975 Main and 5964 Main Avenue Buildings. If we pursue the Historical Society, it would not make sense to advertise the space for rent. 5975 Main Avenue (Building with shared parking with City Hall) Currently under lease by Josh Perisian and Rick Greenwald. They have or had a month -to - month lease with a 60 day exit. Monthly rent was discounted last year to $2,000 per month ($24,000 /annual) with the City taking over payment of electric and gas to help them out. I met with Rick and Josh in December 2011, Rick a co-signer of the lease gave his 60 day notice and vacated the property on March 1, 2012. On March l't, I did walk through the building on Rick's exit. Josh said he would like to stay but could not afford the rent. He said he had some ideas on sub -letting a part of the building, but did not have time to pursue it. I suggested his former location across the street was still available and he was not interested in going back there for image reasons. Identified three options for Josh as follows: 1) Sign a new lease for 5975 Main Avenue for the $2,000 per month with the City paying all expenses (gas, electric, water, sewer, yard and parking lot maintenance). 2) Sign a new lease with him for the 5964 Main Avenue building at $1,000 per month with the City paying all expenses (gas, electric, water, sewer, yard and parking lot maintenance) 3) Offered to give Josh some time on a day-to-day basis to continue to stay at 5975 Main Avenue based on the $2,000 per month rent while he evaluates his options. In this period of lease limbo, I have not advertised the building but since Rick's March I" departure, rumors of the building's availability have brought in a number of people interested in renting the building. These include a Women's non-profit Health Organization, Chiropractor and another a new start-up business. Proposed rent is $2,320 per month ($27,840) with the tenant paying for gas and electric which runs about $2,400 per year. The $2,320 rent was the 2007-2010 rent prior to the City discounting the rent for Josh and Rick last year. The $10 per square foot rent is considered a deal when you consider it includes property taxes, building insurance, water and sewer and yard maintenance (mowing and snow removal). These expenses together cost 45 City of Albertville 5975 and 5964 Main Avenue Building Lease Page 2 of 2 approximately $1,000 per month. The building is in good condition with a new roof, siding, heating, water heater and air conditioning system. Depending on who goes in there, it will need painting. Currently, the tenant is delinquent on February and March's rent. 5964 Main Avenue (Building on the east side of Main Avenue) Two of the three businesses that inquired about the 5975 Main Avenue space also looked at 5964 Main Avenue and are considering leasing. This is an old building that has "issues" including two bathrooms that are not handicapped accessible and entrances are not handicapped accessible. The building has been vacant for one year and needs paint, carpet and ceiling tiles at a minimum. The low $1,000 per month rent reflects that this building has issues. Our cost for property taxes, gas, electric, grounds maintenance and insurance is about $800 per month. It is an inexpensive place for someone who can live with the building's shortcomings. The building has a new furnace and a new roof. I have expressed flexibility with people looking at the building saying they can paint, replace carpet and pretty much do what they want to the interior at their expense, as the City's rent is so low, it does not provide money to renovate. I suggest that depending on the amount of renovation they want to do, the City may provide free rent for a month or two while they renovate. The City does need to do some exterior maintenance now that we shingled the roof last fall. This should include new doors and locks, painting of trim, etc. A more aggressive plan would have the City complete a more extensive remodeling to make the bathrooms handicapped accessible, add an exterior ramp to make the entrances handicapped accessible, new carpet, ceiling tile, paint and probably seal the building envelope to get rid of the odors. The City could spend $35,000 to $50,000 to renovate and the rent would then have to increase to provide reasonable payback. In closing, I would appreciate direction from the Mayor and Council on how to proceed. M:\Public Data\City Council\Council Packet information\2012\03 19 2012\5975 Main and 5964 Main Avenue Building Leasing.doc Council Meeting - March 19, 2012 ., A,lbertville Small Town living. Big City Ufa. 5959 Main Avenue NE, Albertville, MN 55301 (763) 497-3384 Public Works Report March 15, 2012 Streets, As you know we had our first major snow storm of the year, which proved to be the worst snow to plow that we have had in years. The turbo went out in one of our plow trucks broke down and set us back a bit. With the type of snow (wet and heavy) and the truck break down, sidewalk clearing was delayed. Normally, we can get to the sidewalks sooner than this event allowed. We started plowing at 4 am Wednesday morning; it was about that time that the rain changed to all snow. It continued to snow until about 10 am. We plowed for 12 to 13 hours then went home and come back at 2 am Thursday morning to clean up our routes and the down town area. We started clearing the rest of the sidewalks on Friday and finished on Tuesday. I should have done the school route first; instead I concentrated on a specific area to finish. As our policy is to do the school route first then do the rest if and when we have time. Parks, On a good note the new V plow for the Bobcat worked great. What would have been impossible for the pickup and took days with the snow blower only took two hours with the V plow. In years past we have had two part time people help plow snow. Last year John Middendorf helped us when he had two employees. This year he was down to one and he wasn't able to help as much. 47 �1bertvillc Mayor and Council Communication Small Town Uving. Big City Ufa. March 8, 2012 Building Dept. Report February, 2012. We had 21 permits issued in February for a construction value of $241,041.00 which included one new single family dwelling. We issued several temporary and permanent sign permits. Year to date valuation is $321,457.00. Vacant properties; Work with vacant property inspections continues as we seek to have the owners or lending institutions complete the registration and inspection process and gain compliance with the code and ordinance. Rental housing inspections; This is the busiest time of the year for processing rental licenses and conducting rental inspections. Some rental properties were foreclosures that are purchased by investors and then turned into rentals. Zoning Enforcement; We continue to work to resolve several sign ordinance and building occupancy violations and expect the normal trend for zoning enforcement to increase as the snow melts and people get out and about for the annual spring cleanup! M:\Public Data\City Council\Council Packet information\2012\03 19 2012\Buildiing Report February 2012.doc Agenda Item No. Mayor and Council Communication - Building Official - Monthly Report December 2011 Page 2 of 2 Permit Date Number Issued Type of Work Address on Permit Builder/Owner Valuation Fee Paid 02/02/1 2012-023 2 Garage Door 6515 Labeaux Bldg # Industrial Door $1,250.00 $61.65 02/07/1 2012-024 2 Sign, Temporary 11055 61st Street NE STMA Soccer Club $0.00 $25.00 02/07/1 2012-025 2 Alteration, Commercial 5698 LaCentre Avenue NE Coboms,/Rice Bldg $2,800.00 $147.08 02/08/1 Single Family $220,000.0 $11,458.6 2012-026 2 Dwelling 10734 49th Court NE Crestwood Homes 0 4 02/07/1 11055 61st Street Premier 2012-027 2 Sign, Temporary Bank SMTA Soccor Club $0.00 $25.00 02/08/1 2012-028 2 Water Heater 5549 Lake Avenue NE Baxter Mechanical $750.00 $30.00 02/13/1 Trebic Foundation 2012-029 2 Drain Tile 11818 Locust Court NE Systems $1,941.00 $30.00 02/13/1 2012-030 2 Sign, Temporary Cty Road 37/Main Avenue NE Lions Club of Albertville $0.00 $25.00 02/13/1 2012-031 2 Sign, Temporary Cty Road 37/Main Avenue NE Lions Club of Albertville $0.00 $25.00 02/13/1 2012-032 2 Plumbing Relocation 5698 LaCentre Coborns Kiffine er Plubming $400.00 $25.50 02/13/1 2012-033 2 Basement Finish 10548 62nd Street NE Nathan Johnson, Inc. $7,500.00 $246.88 02/13/1 2012-034 2 Sign, Temporary 5015 Main Avenue NE Life in Christ Church $0.00 $25.00 02/14/1 2012-035 2 Basement Heat 10225 Kali B&D Plumbing $1,600.00 $61.55 02/14/1 2012-036 2 Water Softner 4895 Kama Lane NE Vetsch Plumbing $500.00 $30.00 02/21/1 2012-037 2 Alteration, Commercial 5640 Mackenzie Stormy Cycle $500.00 $25.00 02/22/1 2012-038 2 Water Conditioner 11023 57th Street NE Culligan $500.00 $30.00 02/28/1 2012-039 2 Sign, Permanent 11166 County Road 37 NE Space Aliens $800.00 $57.84 02/28/1 2012-040 2 Water Heater 10584 50th Court NE Legacy Mechanical $1,500 $30.00 02/28/1 2012-041 2 Reside 5715 Kalland Avenue NE MN Renewable $500.00 $25.50 02/29/ 1 2012-042 2 Sign, Temporary 6060 LaBeaux Avenue NE D.J. Total Home Care $0.00 $50.00 Permit Date Number I Issued Type of Work Address on Permit Builder/Owner Valuation Fee Paid 2012- 02/29/ l 044 2 1 Plumbing Repairs 11423 60th Street NE K&S Plumbing $500.00 $25.50 M:\Public Data\City Council\Council Packet information\2012\03 19 2012\Buildiing Report February 20t2.doc Agenda Item No. J - - � �lbcrtvi l lc Mayor and Council Communication Small T.— Uving. Big city Ufs. March 15, 2012 SUBJECT: CITY COUNCIL - LEAGUE OF MINNESOTA CITIES INSURANCE POLICY RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and City Council adopt the following: MOTION_ approve the 2011-2012 Insurance Proposal from the League of Minnesota Cities Insurance Trust (LMCIT) as presented by Northern Capital Insurance Group and on file in the office of the City Clerk with a $2,500 deductible. BACKGROUND: Annually, the City reviews and renews insurance coverage for property, inland marine, comprehensive general liability and public official's liability. The League of Minnesota Cities Insurance Trust was formed to provide insurance for cities across Minnesota. In the past, private insurance companies either pulled out of the municipal market or raised premiums so high; cities had to seek an alternative source of insuring themselves. This year the City used Northern Capital Insurance Group as our agent. Although it took longer this year, six months, there were major coverage improvements and savings. In the future the process will be quicker, in part because we did an entire physical audit of all City assets this year. The City has in recent years waived our monetary limits on tort liability and purchases additional coverage up to the $1,000,000 per occurrence and in aggregate. The 2011-2012 policy again reflects waiving the tort limit. The total insurance premium is going down from $99,526 to $70,754, a decrease of 29% in premium or $28,772. The majority of this decrease, $18,626, was due to the change in our experience rating from 1.057 to .942 (average is 1.0). The experience rating has to do with municipal liability, the City's annual expenditures. In the previous year there was expenditures counted twice, this is not an item staff seen or prepared in the past, with Northern Capital Insurance staff was allowed to be more involved. KEY ISSUES: • Liability Savings of $28,772 • Will receive a refund for 2010-2011 of $20,926 • Maintenance Facility was incorrectly rated as "non-sprinklered" instead of sprinklered • Updated physical damage coverage for the Fire department • Added replacement cost for property coverage $50,000 citywide for warning sirens and $250,000 for ball field and hockey lights. Mayor and Council Communication — March 19, 2012 City Council — L.M.C.I.T. Insurance Policy Renewal Page 2 of 2 • Changed the deductable from $1,000 per occurrence to $2,500 per occurrence with a savings of $4,020. There was an analysis done based on the past 5 years of claims history which indicated the change was beneficial as we average 1 claim a year. POLICY CONSIDERATIONS: The City does not have a policy on insurance and these issues are handled on a case by case basis. FINANCIAL CONSIDERATIONS: The 2010-2011 premiums were $99,526, and the proposed premium for 2011-2012 is $70,754 or a 29 % decrease. The City has budgeted $116,645 in our 2012 budget. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract for insurance coverage including waiving the statutory tort liability limit. Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: League of Minnesota Cities Insurance Trust Insurance Quotation M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 City Council Insurance Premiums City.doc Meeting Date March 19, 2012 �1bcrtville Mayor and Council Communication if March 17, 2012 SUBJECT: CONSENT — PUBLIC WORKS DIRECTOR/CITY ENGINEER CONTRACT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: approve the Public Works Director/City Engineer Employment Agreement with Adam Nafstad as on file in the office of the City Clerk and authorize the Mayor and City Clerk to sign the Agreement with Nafstad starting Monday, April 2, 2012. Further, to direct staff to amend the current operating budget to reflect this added staff. BACKGROUND: The Personnel Committee has recommended and the City Council has had a desire to hire a Public Works Director/City Engineer with the goal to reduce the amount of outside engineering services; to have an employee on staff to improve project management and oversight and enhance the team of employees currently serving the City. The City posted the job internally, and has since extended an offer to consulting engineer Adam Nafstad, who has agreed to take the position for the terms outlined in the Agreement. FINANCIAL CONSIDERATIONS: Establishment of this position will have a neutral to positive impact on the 2012 budget. Budgeted expenses for outside engineering consulting services will be reallocated to fund the internal position. LEGAL ISSUES: The City Council has the authority to establish new positions; enter into Employment Agreements and offer the Public Works Director/City Engineer position to a qualified candidate. Department/Responsible Person: Larry Kruse, City Administrator M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Public Works Director City Engineer Employment Agreement RCA.doc Meeting Date March 19, 2012 �bcrtvillc Mayor and Council Communication Small Town LMng. Big City We. March 17, 2012 SUBJECT: CONSENT — PUBLIC WORKS DIRECTOR/CITY ENGINEER CONTRACT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: approve the Public Works Director/City Engineer Employment Agreement with Adam Nafstad as on file in the office of the City Clerk and authorize the Mayor and City Clerk to sign the Agreement with Nafstad starting Monday, April 2, 2012. Further, to direct staff to amend the current operating budget to reflect this added staff. BACKGROUND: The Personnel Committee has recommended and the City Council has had a desire to hire a Public Works Director/City Engineer with the goal to reduce the amount of outside engineering services; to have an employee on staff to improve project management and oversight and enhance the team of employees currently serving the City. The City posted the job internally, and has since extended an offer to consulting engineer Adam Nafstad, who has agreed to take the position for the terms outlined in the Agreement. FINANCIAL CONSIDERATIONS: Establishment of this position will have a neutral to positive impact on the 2012 budget. Budgeted expenses for outside engineering consulting services will be reallocated to fund the internal position. LEGAL ISSUES: The City Council has the authority to establish new positions; enter into Employment Agreements and offer the Public Works Director/City Engineer position to a qualified candidate. Department/Responsible Person: Larry Kruse, City Administrator M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Public Works Director City Engineer Employment Agreement RCA.doc Meeting Date March 19, 2012 Mayor and Council Communication — March 15, 2012 Public Works Director/City Engineer Employment Agreement Page 2 of 6 City of Albertville Public Works Director/City Engineer Employment Agreement THIS AGREEMENT, made and entered into this _ day of March, 2012, by and between the City of Albertville, Minnesota a municipal corporation, hereinafter called "City" as party of the first part, and Adam Nafstad, hereinafter called "Public Works Director," as party of the second part, both parties understand as follows: WHEREAS, the City desires to employ the services of the Public Works Director/City Engineer of the City of Albertville; and WHEREAS, it is the desire of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions of said Public Works Director; and WHEREAS, it is the desire of the City (1) to secure and retain the services of the Public Works Director, and to provide inducement to remain in such employment, (2) to make possible full work productivity and independence by assuring the Public Works Director's moral and peace of mind with respect to future security, and (3) to provide a just means for terminating the Public Works Director's services at such time that the City may desire to terminate Public Works Director's employment; and WHEREAS, the Public Works Director desires to be employed as the Public Works Director of Albertville; NOW, THEREFORE, In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Powers and Duties of the Public Works Director The City hereby agrees to employ said Public Works Director of the City of Albertville to perform the functions and duties as specified in the Public Works Director's Job Description, and to perform other legally permissible and proper duties and functions as the City Administrator and City Council shall from time to time assign. Section 2. Term The Public Works Director serves at the pleasure of the City and nothing herein shall be taken to imply or suggest a guaranteed tenure. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Public Works Director to resign at any time from this position with the City. The Public Works Director agrees not to be employed by or accept compensation from any entity that has business before the City of Albertville while employed with the City. The term "employed" shall not be construed to include occasional teaching, writing, speaking, or consulting M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Public Works Director City Engineer Employment Agreement RCA.doc Meeting Date March 19, 2012 6Z Mayor and Council Communication — March 15, 2012 Public Works Director/City Engineer Employment Agreement Page 3 of 6 performed on his time off for a nominal fee. Said activities are expressly allowed, provided that in no case is any activity allowed which would represent a conflict of interest as deemed by the City Council. In the event the Public Works Director voluntarily resigns as the Public Works Director, then the Public Works Director shall give the City of Albertville thirty (30) days advanced notice unless the parties agree otherwise. This Agreement shall remain in full force and effect and hold over until employment is terminated under the terms herein, or a new Agreement has been offered and entered into by the Public Works Director and the City of Albertville. Section 3. Salary Effective on the date set out in this Agreement, the City agrees to pay the Public Works Director an annual base salary of $92,500 payable in installments at the same time as other employees of the City of Albertville. The City agrees to automatically adjust said base salary annually by an amount equal to the average percentage cost of living adjustment for all other city employees and union contracts. The Public Works Director and City agree that the employment position created by this contract is a salaried position that is exempt from the overtime provisions of the Fair Labor Standards Act and similar state law overtime provisions. The Public Works Director understands that as a salaried Public Works Director, he will be expected to work a minimum of 40 "office" hours per week at the City, in addition to attendance at all City Council meetings and committee meetings in which the Public Works Director is required to attend. The Public Works Director shall be covered and governed by the same retirement system as all other non-public safety employees. Section 4. Insurance Coverages and Annual Physical City agrees to cover the cost of the Public Works Director's health insurance and life insurance in a manner consistent with other City employees. Section 5. Automobile The City shall provide the Public Works Director with a $50.00 bi-weekly (every two weeks) car allowance. Said allowance shall be intended to reimburse Public Works Director for all travel via automobile where the Public Works Director uses his own vehicle. Said $50.00 bi-weekly payment shall increase to $100 bi-weekly beginning January 1, 2013 and continuing thereafter. As an alternative, the Public Works Director may elect to document mileage and be reimbursed by the City the current Federal IRS auto reimbursement rate. Section 6. Cell Phone The City agrees to provide a mobile cell phone for business use. The Public Works Director may also use the cell phone for personal use, provided such use does not incur charges in addition to M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Public Works Director City Engineer Employment Agreement RCA.doc Meeting Date March 19, 2012 Mayor and Council Communication — March 15, 2012 Public Works Director/City Engineer Employment Agreement Page 4 of 6 the City's existing "minutes package." The Public Works Director, may, at his expense, purchase additional time on the City's cell phone for his exclusive personal use. Section 7. Other Benefits All provisions of the Personnel Policy, rules and regulations of the City relating to fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to the Public Works Director as they would to all other employees of the City in addition to said amounts enumerated specifically for the benefit of the Public Works Director herein. Section 8, Vacation and Sick Leave The Public Works Director shall start with 40 hours of vacation and accrue vacation (18 days per year) and start with 40 hours of sick leave and accrue pursuant to the Personnel Policy. Section 9, Professional Development The City agrees to budget for and to pay the professional dues, travel and subsistence expenses of the Public Works Director including paying for professional participation and travel to meetings and occasions adequate to continue the Public Works Director's professional development. Said participation on City time to include membership dues and annual Minnesota conferences for the City Engineers Association of Minnesota, the American Public Works Association, Minnesota Society of Professional Engineers, MnDOT certification courses, and other pertinent continuing education courses. Attendance at National conferences shall be limited to one every other year unless otherwise approved by the City Council. The City shall also pay for continuing education courses necessary for the Public Works Director to maintain his professional engineering license, as well as for the annual state licensing renewal fee. Section 10, Severance Compensation Except as set out below, in the event the Public Works Director's employment in the Public Works Director position is terminated by the majority vote of the City Council, then in that event the Public Works Director agrees to relinquish the Public Works Director position and the City shall continue to pay the Public Works Director salary and benefits enumerated in this Agreement for a period of six (6) months in year one, five (5) months in year two, four (4) months in year three, and remain at three months for the duration of this agreement. The Public Works Director shall not accrue vacation or sick leave during the severance period. Coverage under COBRA shall begin on the date all coverage extended under this Agreement herein expires. In consideration for the City providing the severance pay required by this Section, and contemporaneously with the Public Works Director's final payment herein above set out, Public Works Director agrees to execute and deliver to City a release, releasing the City of all claims that the Public Works Director may have against the City. The City shall have no obligation to pay severance compensation under this Section if the Public Works Director's employment in the Public Works Director's position is terminated by a majority vote of the City Council based on the occurrence of any one of the following described events: M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Public Works Director City Engineer Employment Agreement RCA.doc Meeting Date March 19, 2012 A,1bertA 11 a Mayor and Council Communication Smolt Town Living. Big City Lift. March 17, 2012 SUBJECT: AUTHORIZATION TO ADVERTISE FOR THE CITY CLERK POSITION RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: Approve advertising for the City Clerk's position. BACKGROUND: At the March 5th Council meeting there was a consensus to bring a request forward to fill the City Clerk's position. There was some consensus that being the City Administrator has significant City Clerk experience that hopefully the City can hire an individual on the lower end of the pay range. This proposed individual may or may not be a Certified Municipal Clerk, but would need to be willing to attend the Clerk's Institute as a requirement of the j ob. FINANCIAL CONSIDERATIONS: With the postponement in hiring the City Clerk in the first quarter, sufficient savings now allows the City to hire a full-time City Clerk for the remainder of the year. Further, the five year budget developed by staff has the City Clerk's position at full-time in 2013. Additionally, the added savings from the City's 2011 and 2012 insurance savings yields $60,000 that would also be available as a backup source of funding the position should the Council want to look at this from a little different perspective. LEGAL ISSUES: The City Council has the authority to fill positions as they deem necessary. Department/Responsible Person: Larry Kruse, City Administrator M:\Public Data\Requests for Council Actions (RCA)\2012\03 19 2012 Authorization to Advertise for a City Clerk RCA.doc Meeting Date March 19, 2012