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2009-02-02 CC PacketAlbcrtvillc City of Albertville Council Agenda Sams Ymm UWns. ft My Ufa. FEBRUARY 2, 2009 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In any case, citizens are asked to complete a `Request to Speak Card'. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Proclamation — Proclaiming February 2, 2009 to February 8, 2009 as Boy Scout Week (pg. 1) 4. MINUTES A. Approve Tuesday, January 20, 2009 regular City Council minutes (pgs. 3-16) 5. CITIZENS OPEN FORUM — (time reserved 5 minutes) 6. AMENDMENTS TO AGENDA 7. 0 CONSENT AGENDA All items with an asterisk O are considered to be routine by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Items 8.C.1. Utilities Department — Purchase Additional Lift Station Pump (pgs. 17-19) 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 21-28) 8.F.1. City Clerk— 3 One -Day Liquor Licenses (pgs. 31-32) 8.F.2. City Clerk — Set 2009 Local Board of Appeal meeting (pgs. 33-35) 8.11.1. Planning — Landscaping Ordinance (pgs. 37-40) 8.11.2. Planning — Nuisance Ordinances (pgs. 41-48) 8.11.3. Planning — Appointment to Planning & Zoning Comm. (pg. 47) City of Albertville Council Agenda February 2, 2009 Page 2 of 4 8. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department C. Utilities Department (WWTP) 1). 0 Authorize staff to purchase a 20 horse Flygt Main Lift Station Pump Electric Pump at a cost not to exceed $14,500 plus tax and freight, with funds coming out of the Sewer Enterprise Fund (pgs. 17-19) D. Building Department E. Finance Department 1). 0 Authorize the Monday, February 2, 2009 payment of the claims that includes check numbers 026632 to 026676 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 21-28) 2). Accept the Finance Director's Monthly Report (pgs. 29-30) F. City Clerk 1). 0 Approve 3 One -Day 3.2% Malt Liquor License application(s) submitted by Geez Sports Bar & Grill for a Broomball Tournament to be held at Central -City Park on Friday, February 6 from 6:00 p.m. to 11:00 p.m.; Saturday, February 7 from 8:00 a.m. to 12:00 mid -night; and Sunday, February 8, 2009 from 9:00 a.m. to 6:00 p.m. (pgs. 31-32) 2). 0 Set Monday, April 6, 2009 as the 2009 Local Board of Appeal and Equalization meeting to be held at the Albertville City Hall that will begin at 5:30 p.m. and to send the confirmation notice to the Wright County Assessor's Office (pgs. 33-35) G. City Council 1). Oral Update on the Joint Powers Water Board meeting (John Vetsch and or Ron Klecker) H. Planning and Zoning 1). 0 Approve Ordinance Number 2009-001 entitled an Ordinance Amending Chapter 1000 General Building and Performance Requirements; Section 1000.7 Required Fencing, Screening, and Landscaping of Appendix A Zoning Ordinance of the 2005 Albertville Municipal City Code Relating to Landscape Maintenance, as presented (pgs. 37-40) 2). 0 Approve Ordinance No. 2009-002 entitled an Ordinance amending Chapter 1000 General Building and Performance Requirements; Section 1000.11 Smoke; Section 1000.12 Dust and Other Particulated Matter; Section 1000.13 Odors; M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 1-A Agenda.doc Meeting Date: February 2, 2009 City of Albertville Council Agenda February 2, 2009 Page 3 of 4 Section 1000.19 Radiation Emission; and Section 1000.20 Electrical Emission of Appendix A Zoning Ordinance of the 2005 Albertville Municipal City Code to Repeal the Nuisance Regulations from the Albertville Zoning Ordinance, as presented; AND, approve Ordinance No. 2009-003 entitled an Ordinance amending Title 5 Health and Sanitation, Chapter 1 Nuisances, Section 3 Public Nuisances Affecting Health; and Section 5 Public Nuisances Affecting Peace and Safety of the 2005 Albertville Municipal City Code to add Nuisance Regulations to Health and Sanitation, as presented (pgs. 41-48) 3). 0 Accept the Albertville Planning and Zoning Commission's recommendation to appoint Robert Olson to fill the vacancy on the Planning and Zoning Commission for a three-year term (pg. 47) 4). Approve Resolution Number 2009-003 Resolution Denying a Variance to Place a Banner Sign that Exceeds the Maximum Allowed Banner Size of 32 Square - feet onto the Albertville Meadows Apartment Building located at 10732 County Road 37 within the Albertville city limit, as presented (pgs.49-58, plus attachments) I. Engineering J. Legal K. Administration 1). Approve entering into a Consulting Services Agreement with the Tinklenberg Group through December 31, 2009, with the total cost not to exceed an average monthly cost of $3,000 or $36,000 annually plus expenses which shall be approved in advance, with the contract beginning February 2, 2009 as per the terms of the Tinklenberg Group's January 2009 letter on file in the office of the City Clerk, funds coming from the 2009 budgeted transportation account (pgs. 59-67) 2). Accept the City Administrator's Written Report (pgs. 69-70) 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS February 2009 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting 16 all day Presidents' Day observed — City Offices closed 17 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting 23 7:00 p.m. Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 1-A Agenda.doc Meeting Date: February 2, 2009 City of Albertville Council Agenda February 2, 2009 Page 4 of 4 March 2009 2 7:00 p.m. City Council meeting 8 2:00 a.m. Daylight Savings Begins (Sunday) 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting 16 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting 30 7:00 p.m. Cities of Albertville & St. Michael and STMA School Board Joint Workshop (tentative) April 2009 6 7:00 p.m. City Council meeting 13 6:00 p.m. STMA Ice Arena Board meeting 13 7:00 p.m. Family -Youth Community Cooperative (FYCC) 14 7:00 p.m. Planning and Zoning Commission meeting 20 7:00 p.m. City Council meeting 27 6:00 p.m. Joint Powers Water Board meeting 27 7:00 p.m. Committee of the Whole Workshop (tentative) 11. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 1-A Agenda.doc Meeting Date: February 2, 2009 PROCLAMATION WHEREAS, Boy Scouts of America was incorporated on February 8, 1910 under the laws of the District of Columbia by W. D. Boyce; and WHEREAS, in 2010 the BSA will be celebrating too years of quality programming for young people; and WHEREAS, Northern Star Council is the headquarters that serves more than 113,000 young people in 21 counties across central Minnesota and four counties in Western Wisconsin; and WHEREAS, the Northern Star Council is among the five (5) largest in the United States led by over 24,000 Scouting leaders; and WHEREAS, Northern Star Council's mission is to provide direction and guidance to young people; and WHEREAS, BSA prepares young boys to seek and meet the challenges in our ever -changing society; and WHEREAS, Boy scouting in the greater Albertville -St. Michael area serves many boys from Cub Scouts, Boy Scouts, Venturers and has support provided by volunteer Scouting Leaders; and WHEREAS, Boy Scouts in the Albertville -St. Michael area have provided many services to the community including park improvements, Albertville volunteers, food shelf/crisis shelter donations, school volunteers, and special event helpers; and WHEREAS, through these contributions and well-rounded activities, Boy Scouting imparts to boys inner qualities; among them good citizenship, integrity, positive self-esteem, dedication, perseverance, and awareness of others; and WHEREAS, Boy Scouting is viewed as valuable programming to the inner development of boys in the City of Albertville as well as nationally and around the world. NOW THEREFORE, I, Mayor Ron Klecker, on behalf of the Albertville City Council and citizens do proclaim the week of February 2 — 8, 2009 as BOY SCOUT WEEK in Albertville, Minnesota. Ron Klecker, Mayor Bridget Miller, City Clerk A 1 Albertville Mayor and Council Communication January 26, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Tuesday, January 20, 2009 regular City Council minutes as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: Council has an individual attend the regular City Council meetings who serves as the, Recording Secretary to take minutes documenting any action taken or motions made during the meeting. Following the meeting, the Recording Secretary prepares a typed form of the motions made during the meeting and presents them for Council to review and amend as necessary. 1114 Okla E► IMM-3 • Approve the minutes that have been prepared by the Recording Secretary as presented in the Council packet. POLICY/PRACTICES CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Respectfully submitted, Larry Reuse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: January 20, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 4-A City Council minutes.doc Agenda Item No. 4. Meeting Date January 20, 2009 A\1bertville SRKM Toum ►,+wry. on aty ufI. ALBERTVILLE CITY COUNCIL JANUARY 20, 2009 (Tuesday) MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE — CALL TO ORDER Mayor Klecker called the Albertville City Council Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Counc John Vetsch, City Attorney Mike Couri, Nafstad, City Administrator Larry Kruse, ABSENT: none No recol;niti NS`— PRESENTATIONS — li7►Ti i 7:00 PM at 7:00 px., followed by the tubers Tom Fay, Dbln. Wagner, Larry Sorensen, and Planner Al Brixius, Assistant City Engineer Adam City Clerk Br4zet Miller CTIONS made during the meeting. Mayor Kleckdr ked if there was anyone in the audience that wanted to discuss an item with the Council that wad rtbt already on the agenda. There was one individual in the audience, but had no items for discusso AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Since there were no amendments to the agenda, Klecker looked to the Council for a motion to approve the Agenda as presented. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 5 City of Albertville City Council Minutes January 20, 2009 Page 2 of 12 MOTION BY Council member Wagner, seconded by Council member Fay to approve the Tuesday, January 20, 2009 regular Albertville City Council agenda as presented. Motion carried unanimously. MINUTES January 5, 2009 regular City Council minutes Mayor Klecker inquired if the Council wanted any changes to the Jirwary 5, 2009 regular City Council minutes. Upon hearing no comments regarding the Monday,-anuary 5, 2009 regular City Council minutes, Klecker entertained a motion to approve the mi as submitted in the Council packet. MOTION BY Council member Wagner, seconded by Council member Fay to',tpprgye the Monday, January 5, 2009 regular City Council miriuttsas presegd, which will b4rnted and signed; then the signed copy will be scanned and the electrpme scanned version will be kept on file in the office of the City Clerk that will serve as the of aal copy. Motion carried unanimously. CONSENT AGENDA CONSENT AGENDA All items with an astpl , ( ) are considered to be.routine in nature by the City Staff and will be enacted by one motion There will be no separate discussion of these items unless a Council member or citizen so requesi�s In sueh events the item will be removed from the General Order of Business andb' id. red in rt normal`segatx ripe on the agenda. Mayor ,lecker asked if Council members or staff wished to pull any of the items from the Januaiy 5A 2.009 Consent Agenda. Thy were no items pulled from the Consent Agenda, in which the`fbHowina motion `was made. MOTION BY Council member Wagner, seconded by Council member Fay to approve the January 20, 2009 Content Agenda pulling no items, which the items will be removed from the General Order of Business' and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT — no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 1.1 City of Albertville City Council Minutes January 20, 2009 Page 3 of 12 PUBLIC WORKS DEPARTMENT — no comments UTILITIES DEPARTMENT (WWTP) Accept the Utilities Superintendent's Report dated January 8, 2009 Mayor Klecker raised the question as to whether the Council had any questions regarding the Utilities Superintendent's Report that was submitted in the January 20,"2009 Council packet. The only concern was regarding the potential of purchasing an additional pump, which will be presented to the Council at the February 2, 2009 meeting or so,4 'thereafter. BUILDING DEPARTMENT Accept the Building Official's Report dated January 42, MOTION BY Council member Wagner, seconded by C6uh6 l member Fay to accept the Building Official's Report dated January<12, 2009 that was on the Consent Agenda, which was not pulled requiring it to be removed from thezeneral Order of �tsiness and considered in its normal sequence on the agenda and will require a separate motioriS lylotion carried unanimously. FINANCE DEPARTMENT Authorize the Tues 026575 to 026627 that Robert HeurinQ_as sure MOTION BY Tuesdays January 20. 2009 includesppreve releasing the T-Square 4 siness Par passed by separate motion; Agenda will requi�a sep by the authorized pe version will be kept official record. Mol 2009 Payrr" ' t o, f'Claims (bills) for check numbers e releasing WWI the $5, 000 Escrow posted by Mr. 4 Business Park plat seconded by Council member Fay to authorize the aims (bills) for check numbers 026575 to 026627 that nzll the $5",000 Escrow posted by Mr. Robert Heuring as surety for k pit as presented except the bills specifically pulled, which are except the bills specifically pulled, which if pulled from the Consent ara% discussion from the Consent Agenda. The checks will be signed `and scanned with supporting documents; the electronically scanned in the office of the Finance Director that will serve as the City's carried unanimously. CITY CLERK —no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M Ol -20-09 B-drafts.doc Agenda Item No. .A. Meeting Date January 20, 2009 City of Albertville City Council Minutes January 20, 2009 Page 4 of 12 CITY COUNCIL Oral Update on the STMA Ice Arena Board meeting (Tom Fay and/or Dan Wagner) Council member Fay reported that the STMA Ice Arena Board met at the Albertville City Hall, in which members nominated and appointed the 2009 various officers. Drew Scherber from the School Board was appointed as the Chair; Dan Wagner from Albertville was appointed as the Vice -chair; I, Tom Fay, from Albertville was appointed as one of the signers on the checks along with Jerry Zachman from St. Michael; Gayle Weber from the School Board=was appointed as the Treasurer; and Anne Zahler from the School District Offices was appointed as the 2009 Recording Secretary. City Administrator Kruse informed the Council that he atteridedlhe meeting and went into detail on the expansion of the STMA Ice Arena. Kruse went of to explain that he would be mentoring or assisting the STMA Ice Arena Manager Grant Fiteh in preparing memos or correspondence to accompany the request for board's action. Kruse stated that ovef1he past year he would like to improve on the communication between Grant and the Board members. Oral Update on the FYCC (Larry Council member Sorensen reported that the F likely due to the cold weather. Sorensen also FYCC meetings and the STRIA Iite Arena Bc Sorensen let the Council know that Council n Albertville would be' eprMsented of the two n Oral Tom Fay) CC meeting was canceled most t up that there may be a conflict with the stings as they are both held on Mondays. Fay and himself, would work it out so that sion meeting (Dan Wagner) Council Member Wagner began by st —ft' "he was going to talk about the Accessory Building Structure; but,City Planner Brikius will share the outcome during the workshop. Wagner continued by reporting the Commission appointed Sharon Leintz as the Chair and Scott Dorenbush IF:: as the e-chair. The Commission had one (1) resident still interested in serving on the Cornmassion� io that will be coming to the Council in February to appoint Robert Olson to fill Denise Pow's`vacancy. Wagner informed the Council that the Albertville Townhomes applied for a Sign Variance, basically after the sign was installed. The Commission denied the Sign Variance, which will be presented to the Council during February. M:\Pub1icData\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 City of Albertville City Council Minutes January 20, 2009 . Page 5of12 1-94 West Chamber of Commerce "State of the Cities Address " Mayor Klecker brought to the Council's attention that Albertville hosted the annual I-94 West Chamber of Commerce "State of the Cities Address". It was well attended by area business members, as well as Council members and City Administrators. There were seven (7) cities represented that each Mayor and Administrator sat at the Council Dias. The Chamber invited each City representative to give a little speech, and each community was in the same position in regards to the financial state of the economy._„ Klecker then informed the Council that he recently attended a Conference for experienced officials. It was the same messag hitting all over. , PLANNING AND ZONING — no comments ENGINEERING &Directing Staff to amend to the Plan Unit Development (PI 6t" Addition to extend the completion of the mufiicipal,nd on - October 31, 2010, with the exception of the trunk water extans October 31, 2009, and conditioned upon the Developer signin, MOTION BY Councit amend to the Plan Unit the completion of the m the exception of:the trur the Gene 'rl Order motion. Accept the Assist City of Minnesota Cities 1ls to how the economy is greement for Towne Lakes �f}= ite improvements until Mich shall be completed by amendment ner, seconded by Council member Fay directing staff to (PUD) Agreement for Towne Lakes 6th Addition to extend %7 and off -site unprovements until October 31, 2010, with be completed by October 31, 2009, and the amendment. which the items will be removed from red in its normal sequence on the agenda and will unanimously. 's Report dated January 7, 2009 Assistant City Engine Na fstad reported that staff held a Bid Opening on the CSAH 37 West Sewer Project, also kn4' as Niemeyer Trailer Sales. There were sixteen (16) companies that submitted bids, which1he lowest bid was lower than what was estimated. LEGAL City Attorney Couri informed the Council that the Niemeyer Trailer Sales Development will be coming before the Council at the second meeting in February 2009. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. A. Meeting Date January 20, 2009 City of Albertville City Council Minutes January 20, 2009 Page 6 of 12 ADMINISTRATION Accept the City Administrator's Written Report City Administrator Kruse asked if the Council had any questions or concerns regarding the information presented in the written report. Council member Fay brought up the Albertville City Hall display case, %which was presented at a previous meeting. Fay noted that after looking closer at the area, Fay was okay with approving the proposal to construct the display case. Mayor Klecker entertained a motion to authorize Vetsch Cu; for the Albertville City Hall, which historical items will be d instead of installing four (4) doors to install two (2) doors so City Clerk Miller said that if there are going to be Nvo. (2, doors patio doors so that they slide. Miller felt the two (2) do` 091. swib Council member Wagner seemed to agree thinking the hingo \fc bigger to support the weight. MOTION by Council member Fay, seconded by Council from Vetsch Custom Cabinets in the amount if $1,422 to the suggestions of two (2) doors made by Mayor Klecker paid for through donations, AND :contingent upon' obtaini organizations. Motion carried unanimously. Following the sure if it woa' there Is agile to make turn to snow remo route, in wh�c City Admit with PW S 's of onto CSAH= al on the sid >the kids are CabihOts to build a display case yed. Kl&)4e did suggest the full area:can be utilized. lave them designed similar to ingI open may get rather large. two (2) doors may need to be ;r Sorensen to accept the quote the'cabinet taking into account y Clerk Miller, which is to be ing from other non-profit Klecker coxrented about snow removal. Klecker was not �.xsibility or the County's. Along CSAH and 53rd Street NE aperson's view of oncoming traffic, which makes it difficult m 5rareet NE. Other comment Klecker made was in regards on 5311 Street NE. Klecker was not sure if this was a school 1 to walk in the street instead of on the sidewalk. rmed the Mayor and Council he would discuss the snow removal and bring it to Guimont's attention. CITIZENS OPEN FORUM — no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 10 City of Albertville City Council Minutes January 20, 2009 Page 7 of 12 ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. It was suggested to cancel the Monday, January 26, 2009 Committee of the Whole Workshop as there were no topics for discussion. MOTION by Council member Wagner, seconded by Council member Fay to cancel the Monday, January 26, 2009 Committee of the Whole Workshop. Motion,parried unanimously. ANNOUNCEMENTS and or UPCOMING MEETINGS January 2009 22 7:00 p.m. TBA 7:00 p.m. 26 6:00 p.m. 26 7:00 p.m. February 2009 2 7:00 p.m. 9 6:00 p.m. 10 7:00 p.m. 16 all day 17 7:00 p m 23 6:00 in. 23 9 6:001? w 10 7:00 pin, 16 7:00 p m 6:00 p.m. 3 00 P.M. April 2009 ``` 6 7:0,''p.m. 13 6:00 p.m. 1.3 7:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. Diversity Strategic Family -Youth Con Joint Powers Wade Committee of the City CounCilmee STMA lee"Arena Planning and; Zor Presidents']* o City Council mee Joint Powers Wa Committee of the ing Committef Cooperative -d meetinLy (tentative) closed Board meeting hole Workshop (tentative) (Albertville) S f'A Ice Arena Board meeting Plann;.and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Cities of Albertville & St. Michael and STMA School Board Joint Workshop (location TBD-last mtg. was held at the School) City Council meeting STMA Ice Arena Board meeting Family -Youth. Community Cooperative (FYCC) Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 11 City of Albertville City Council Minutes January 20, 2009 Page 8of12 ADJOURN INTO A WORKSHOP TO DISCUSS THE FOLLOWING City Council 2009 Goals and Expectations City Administrator Kruse opened the floor discussion regarding City Staff 2009 Goals. Kruse read off that staff is developing a draft submittal of a Certified Annual Financial Report (CAFR); along with the CAFR staff is working on developing a draft of the 2009Budget Submittal for the Annual Budget Award. Other topics that were discussed and were 11o1-,imited to include: Standard Street Specification, Develop a Street Inventory Workshee; Develop a Five Year Capital Improvement Plan for Streets and Utilities; Record Retention (scanning); Implement Mobile Computer Record Drawing Program; Stormwater Stud; Street%verlay and Sealcoat; Disaster Training; I-94 Final Design; CSAH 19 North; Geoal�City Hall Operational manuals; Environmental; Zoning Enforcement; Senior Housing - :',,.Utility Billing Auto Pad ,Recreation Programming; Evaluate Regional Fire District; Certify City Employees in First R�spopder; Federal Transportation Funding. City Planner Brixius commented in regards to the Streets ard_Utilities, in which Brixius noted that Albertville is getting close to built-o-t and will soon be maturing community. Brixius challenged the thought as to "how does the �ity,want to fund the repair of the streets, sanitary sewer, water, and stormwater". Brixius shared'tn another communie City began collecting via a Levy that would be dedicated towards tl e road-u01tes, improvements. It would be community -wide but ear marked for the four (4) designatedareas'\of streets, sanitary sewer, water, and stormwater. Bri us htts heard the ha' d hip in communities where a City would assess the projects, whit h becomes `a hardship on the homeowner. City Attorney Couri spoke on behalf of the Federal Transportation Funding, which Couri felt the City should consider,contlntt ttg to pursue �indang for the I-94 Project. Council recommended getting a L©bbst onboard or get Twin Tlnkleberg back on board. If there truly are funds available, and it begins to be distr>luted, the funds will go fast. l Council member Wagner addetl his concern to the list, which was the amount of the City Debt and would f tQ see it come dawn before the City begins any additional projects. There was some disozxkssion regarding the evaluation in pursuing single source garbage collection. After addtfona,l research, there are a few more steps to consider contracting with one (1) waste hauler for collection of garbage throughout Albertville. The topic of Senior Housing is put on hold for approximately one-year, due to the economy. Council commented that the City should get the City of Otsego on board in regards to the evaluation of a Regional Fire District. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 12 City of Albertville City Council Minutes January 20, 2009 Page 9 of 12 I-94 Ramp (request for a cost estimate to develop Plans and Specifications to bid the westerly I- 94 phase) There was minimal discussion regarding the I-94 Ramp. Albertville Wireless Committee Mayor Klecker commented that he go the Committee organized, wlueh a member was appointed as the Chair. It appears that the consensus of the Council is to re �a..sit, the Wireless option in one-year. Taking into consideration the state of the economy, Co"t members did not want to invest $30,000 in a Wireless option that may not be practical in. Albertvr le. Accessory Structure Regulations City Planner Brixius informed the Council that a resident came.before the Council'in late 2008 regarding accessory structure regulations, which staff was directed to re-examine the current regulations for accessory buildings. Staff brought the concern to the Planning and Zoning Commission in December 2008, in whichihre' & (P) draft scenarios �f an Ordinance amendment were prepared. As the Commission reviewed the: three options, it was1he consensus of the Commission to amend the 2005 Albertville 1V umclpa Code with Option 3. Brixius wanted to make sure that staff was interpreting Counci's drrctlon`carrectly. (see below) OPTION 3. This options desig of accessory building flops' spat storage buildings and the dltrlt determined by ttiepPop rty owns Proposed Text Ardme 60 4.B. Accesst Bu 1. Thy t (lowing acce b sinale l'a»isly lots in llffie to give the property owner the greatest flexibility in the use , Option 3 would `allow the property owner two accessory rlltOflhe1,150 -quare feet of permitted floor space would be In Option 3 �'the following changes are offered: ngs, Uses and Equipment: The an of not M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item No. 4.A. Meeting Date January 20, 2009 13 City of Albertville City Council Minutes January 20, 2009 Page 10 of 12 Comment: Concern has been expressed for the protection of viewsheds for neighborhoods such as Cedar Creek along the golf course on Towne Lakes. To protect these specialized PUD neighborhoods, the previous language is offered. Proposed Text Amendment: 2. Setbacks: a. No accessory use, building, structure or equipment shadlbe a required front yard, except by conditional use permit. b. Accessory buildings may encroach into the rec utretl Si, e setbacks within the rear yard of a lot; except howevei ffiat no "d may occur on a required easement, or in a required side yard sets street in the case of a corner lot. In no case shall the setback b 10 feet. Comment: We combined the setbacks into one Proposed Text Amendment: 3. Accessory Uses on Parcels Less Than;One (1) A a. The total floor area of either an 'attache tl;gp- mge or single family detached dwelling shall not ba`less thpt�'4 five hundred thirty f 30) square feet, ;shall not ex'� e square feet of,floor area;and shall not:, exceed the rol C. or rear ordinance. within a than ten garage for a d one thousand (1, 000) ground coverage of the and oaraoes shall not Comment: This option gives greater flexibility in the use of the accessory building floor space. With this flexibility, wereetminating the option for larger buildings by conditional use permit on smaller urban lots;,` Proposed Text Amendment: 4. Accessory Uses on Single Family Parcels Larger Than One (1) Acre in Size: a. The total floor area of either an attached garage or a detached garage for a single family detached dwelling shall not be less than five hundred thirty (530) square feet, shall not exceed one thousand (1,000) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 14 City of Albertville City Council Minutes January 20, 2009 Page 11 of 12 square feet of floor area, and shall not exceed the ground coverage of the dwelling, except by sendXenal use administrative permit. b. No more than two (2) accessory storage buildings or garages shall be allowed on one (1) or more single family lot under common ownership. c. The total combined floor area of all accessory buildings shall not exceed twenty-five (25) percent of the side or rear yard. d. Attached garages shall not exceed the foot print of the single family home. e. An exception to the accessory buildina size standard may be aiven by administrative permit provided: 1) The accessory building and rear yard. properties. 3) The accessory building and exterior materials as the 4) Commercial uses and h buildin . Comment: Larger lots (one acre or standards. Proposed Text Amendment: 1000.4. B. Single -Family Detached all be screened From adiacent residential may pursue Opgessory buildings larger than the 9. An exception ,for ath<ird accessory' tuilding mad' be accommodated, if the structure aualifies as ah outdoor livina space. as defined in section 200.2. and falls within th hbrametei&> of the cumulative floor area allowed (1.150 sauare 200 Comment: ' living space a Proposed T 1000.4.1. Builc accessory buildina utilized as a nd chge in Option 3 will allow a third accessory building as an outdoor ;cumultive floor space does not exceed the 1,150 square foot cap. Mendment: ype and Standards: 1. The same or similar quality exterior building material (meaning exterior finish and color) shall be used in the accessory building and in the principal building... M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doe Agenda Item NA.A. A. Meeting Date January 20, 2009 15 City of Albertville City Council Minutes January 20, 2009 Page 12 of 12 Comment: The third change in Option 3 is to add a specific provision that the exterior finish and color of an accessory building must be the same as the principal building: Proposed Text Amendment: 1000.4.J. Commercial/Accessory Buildings: 1. Accessory buildinas within the commercial zonina districts shall not exceed ce of the 2. Commercially zoned properties shall be limited to r?ot-,,more than one (1 accessory building except by conditional use permit. 3. All commercial accessory buildings shall meet hey setbacks ,.the pnnClpc building. building in color and materials. Comment: Establishing criteria for commercial accessory 5041 n s. Upon reviewing Option 3, Council gave staff,4dditional input on iiriw to proceed with the amendment of the Accessory Building Regulations. that would be prepared for Public Hearing at egu the February 10, 2009 rlar IN' ring and Zoning Commission meeting. One area of Council concern dealt with the'current standk d size of a garage that has been set for Albertville and would like to see it increased to better accommodate.two vehicles. I"I MOTION BY Council member Faynded by Council member Sorensen to adjourn the Tuesday,Iy 20, 2009 r lar City Council meeting at 9:35 p.m. Motion carried Bridget Miller, City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 01-20-09 B-drafts.doc Agenda Item NA.A. Meeting Date January 20, 2009 16 A. 1bertville Mayor and Council Communication January 26, 2009 SUBJECT: 0 UTILITIES DEPARTMENT — PURCHASE AN ADDITIONAL MAIN LIFT STATION PUMP RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorize staff to purchase a 20 horse Flygt Main Lift Station Pump Electric Pump at a cost not to exceed $14,500 plus tax and freight, with funds coming out of the Sewer Enterprise Fund. BACKGROUND: The current Fairbanks Morse 20 horse power pumps were installed during the construction of the main lift station in 2001. These pumps matched the design specifications, and were purchased from W.W. Goetsch Associates Inc. Over time, the pumps were rebuilt numerous times due to pump failure. This is the only lift station in Albertville which uses the Fairbanks Morse pump, and this lift station has incurred a majority of the delegated expense for maintenance and repair set aside for pumps. The other lift stations in Albertville that are using Flygt pumps and have had spectacular track records for uninterrupted service, as a fact none of the Flygt pumps that are currently in service have ever needed repair. Given this track record, information was gathered from Electric Pump regarding an equivalent pump made by Flygt for the main lift station as well as an estimate for a new Fairbanks pump from W.W. Goetsch Associates Inc. Electric Pump provided 3 options, and I would recommend Option A for $14,500 plus tax and freight. W.W. Goetsch Associates Inc. estimate is for an identical replacement pump at a cost of $15,943 plus tax and freight. The real issue to compare is the long term viability and likely future expense of each. Given the notable dependability of the Flygt pumps, it is my recommendation to move forward with acquiring a Flygt pump from Electric Pump. If the pump lives up to operational expectations, I would also later recommend reviewing the possibility of exchanging the remaining 2 Fairbanks Morse pumps for 2 new Flygt pumps from Electric Pump Co. In light of recent events that have occurred at the main lift station; staff has obtained information from Electric Pump Company regarding an equivalent Flygt pump to replace one of the three existing Fairbanks Morse pumps. The extra Fairbanks would become a spare witch we would use when one of the Fairbanks is out for repair. Only minimal re -wiring would be necessary. M:\Public Data\Requests for Council Actions (RCA)\2009\01 20 2009 Utilities Dept (purchase lift station) RCA.doc Agenda Item No. & C. L Meeting Date February 2, 2009 17 Mayor and Council Communication — January 26, 2009 Utilities Department — Purchase Additional Main Lift Station Pump Page 2 of 2 POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and Council's policy to review and approve major purchases of the Utilities Department. FINANCIAL CONSIDERATIONS: The cost of the pump would have to be taken out of the Sewer Fund, Repair and Maintenance of Collection Systems Reserves, which has a balance of $31,000 dollars. The Sewer Utility Fund is healthy and this would be a long term investment and provides for additional backup protection. LEGAL ISSUES: Pursuant to Minnesota State Statutes regulating purchases, the City has the ability to obtain quotes and purchase products Respectfully submitted, Larry R%use City Administrator Department/Responsible Person: Utilities/John Middendorf, Superintendent Attachments: Quote(s) M:\Public Data\Requests for Council Actions (RCA)\2009\01 20 2009 Utilities Dept (purchase lift station) RCA.doc Agenda Item NA. C. I . Meeting Date February 2, 2009 5250 WEST 74' STREET MINNEAPOLIS, MN 55439-2996 PHONE: (952) 831-4340 DIRECT: (952) 374-6472 FAX: (952) 831-2357 E-MAIL: BGOEHRING@WWGOETSCH.COM S To: John Middendorf From: BRYAN GOEHRING, ext. 172 Company: City of Albertville Fax: (763) 497-0774 Pages: 1 Phone: Date: 1 /7/09 Re: Fairbanks Morse pump CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle * Comments: John, Following please find our proposal for a new pump as we discussed earlier, (1) Fairbanks Morse model 6"D5434MVK, 20hp, 460/3, 1200 rpm sized for the design condition of (900 gpm @ 50' tdh) with 60' of power cord, $15,943 + tax & freight. Lead-time is approximately 12 —14 weeks. Please call with any questions. Thanks, Bryan 19 Albertville Mayor and Council Communication snmv'r „ te,r,o. ety city UW January 27, 2009 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, February 2, 2009 payment of the claims that includes check numbers 026632 to 026676 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for final approval. KEY ISSUES: Check No. 026657 Neil's Floor Covering — repair the men's bathroom at the public works facility (out of warranty period), tiles fell off the wall. PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and verified the invoices and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Respectfully submitted, Larry R. use City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 8 Finance Bills Report (RCA).doc Agenda Item No. 8. E.1.. Meeting Date February 2, 2009 ii A,lbertville Small Town Uvina. Sla Citu Ufe. Check Detail Register February 2, 2009 Check Amt Invoice Comment 10100 Premier Bank Check 26632 AFLAC G 101-21710 Other Deducations $16.16 458632 AFLAC Insurance Prem Total AFLAC $16.16 Check 26633 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $30.95 770291 Coffee Total BERRY COFFEE COMPANY $30.95 Check 26634 BOLTON & MENK, INC E 501-49000-303 Engineering Fees $855.00 121599 Phillip Morris Lift Station E 101-41710-303 Engineering Fees $380.00 122338 TL 6th E 101-41710-303 Engineering Fees $332.50 122339 Phillip Morris E 501-49000-303 Engineering Fees $1,472.50 122340 Phillip Morris Lift Station E 101-41710-303 Engineering Fees $917.50 122341 Frainklin Property E 101-41700-303 Engineering Fees $4,024.50 122342 Downtown Parking Lot E 101-41710-303 Engineering Fees $450.00 122344 Dominum TH E 502-49000-303 Engineering Fees $7,531.95 122345 CSAH 37 Extention E 101-41710-303 Engineering Fees $95.00 122346 Rezone/PUD/Pre/Final Plat Niem E 494-49000-300 Professional Srvs (GENERAL) $3,487.50 122347 CSAH 19 & 50th E 604-49660-303 Engineering Fees $200.00 122348 Flood Study Litigation E 101-41710-303 Engineering Fees $332.50 122349 Karston Cove 3rd Addition E 101-41700-303 Engineering Fees $332.50 122349 Staff Meetings E 604-49660-303 Engineering Fees $8,557.09 122355 Storm water mngmt plan Total BOLTON & MENK, INC $28,968.54 Check 26635 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $12.64 153652687 Crimp Fittings E 602-49400-210 Operating Supplies (GENERAL) $4.23 153652787 fuse E 101-43100-404 Repair/Maint - Machinery/Equip $38.67 153652810 Parts E 101-43100-404 Repair/Maint - Machinery/Equip $45.24 153652848 oil filters E 101-43100-404 Repair/Maint - Machinery/Equip $35.91 153652894 trim panel E 101-43100-404 Repair/Maint - Machinery/Equip $35.91 153652895 Trim Panel Fire Truck E 101-43100-404 Repair/Maint - Machinery/Equip ($35.91) 153652896 credit E 101-43100-404 Repair/Maint - Machinery/Equip $21.27 153652911 splash guard PW E 101-42000-404 Repair/Maint - Machinery/Equip $29.76 153653162 Anti freeze - FD Total CARQUEST $187.72 Check 26636 COURT & MACARTHUR RUPPE, PLLP E 101-41610-304 Legal Fees $660.00 01222009 Karston Cove 3 E 101-41600-304 Legal Fees $36.25 01222009 TIFS E 493-49000-304 Legal Fees $1,234.05 01222009 CSAH 19 E 101-41600-304 Legal Fees $5,502.93 01222009 ordinance, rr exchange, fire c E 101-41610-304 Legal Fees $330.00 01222009 Niemeyer E 101-41600-304 Legal Fees $906.25 01222009 Xcel Franchise E 101-41610-304 Legal Fees $41.25 01222009 Hunters Pass E 101-41610-304 Legal Fees $41.25 01222009 Labeaux Station E 101-41610-304 Legal Fees $165.00 01222009 Albertville Marketplace E 473-00000-304 Legal Fees $1,196.25 01222009 Prairie Run improv E 101-41610-304 Legal Fees $701.25 01222009 TL 6th E 604-49660-304 Legal Fees $36.25 01222009 AV Drainage E 493-49000-304 Legal Fees $8,290.25 01222009 CSAH 19 - Psyk E 101-41610-304 Legal Fees $191.25 11142008 Shoppes @ TL 2, Space Aliens 2 E 101-41610-304 Legal Fees $41.25 11142008 Albert Villas 6th E 101-41610-304 Legal Fees $1,732.50 11142008 Hunters Pass, Niemeyer M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 8. E. I.. Meeting Date February 2, 2009 23 Mayor and Council Communication — January 27, 2009 Finance — Payment of Claims Page 2 of 6 Check Amt Invoice Comment 10100 Premier Bank Check 26636 COURI & MACARTHUR RUPPE, PLLP (continued) E 101-41610-304 Legal Fees $1,196.25 11142008 Dominium, Frainklin E 101-41600-304 Legal Fees $1,486.25 11142008 RR land exchange, fire code E 502-49000-304 Legal Fees $36.25 11142008 CSAH 37 E 604-49660-304 Legal Fees $1,798.44 11142008 Albert Villas Drainage E 473-00000-304 Legal Fees $145.00 11142008 Prairie Run E 493-49000-304 Legal Fees $1,087.50 11142008 CSAH 19 Assessment Appeal Total COURI & MACARTHUR RUPPE, PLLP $26,855.67 Check 26637 DENNIS FEHN GRAVEL & EXCAVATIN E 493-49000-300 Professional Srvs (GENERAL) $1,632.75 01/20/09 Cty Rd 19 E 101-43100-221 Ice Removal $410.21 22791 Sand- roads Total DENNIS FEHN GRAVEL & EXCAVATIN $2,042.96 Check 26638 EMBARQ-TX E 101-41940-321 Telephone $122.32 taxes & surcharge E 101-42400-321 Telephone $36.69 497-3704 E 101-45100-321 Telephone $16.11 497-2215 E 101-41940-321 Telephone $36.69 497-3486 E 101-42400-321 Telephone $36.69 497-3695 E 101-41940-321 Telephone $37.51 497-0452 E 101-43100-321 Telephone $37.51 497-0774 E 101-41940-321 Telephone $40.16 497-0261 E 601-49450-321 Telephone $36.69 497-0269 E 601-49450-321 Telephone $16.11 497-1888 Total EMBARQ - TX $416.48 Check 26639 EMBARQ - TX 2 E 101-42000-321 Telephone $7.08 Idst E 101-42000-321 Telephone $24.76 taxes surcharge E 101-42000-321 Telephone $36.69 497-7474 E 101-42000-321 Telephone $7.05 497-7474 E 101-42000-321 Telephone $36.69 497-1340 Total EMBARQ - TX 2 $112.27 Check 26640 EMERGENCY AUTOMOTIVE TECHNOLOG E 602-49400-210 Operating Supplies (GENERAL) $150.06 1130911 Led Beacon Total EMERGENCY AUTOMOTIVE TECHNOLOG $150.06 Check 26641 GOPHER STATE ONE -CALL E 602-49400-209 Locates $64.83 8120278 Locates - Water Dept E 601-49450-209 Locates $64.82 8120278 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $129.65 Check 26642 HEALTH PARTNERS E 101-42400-130 Employer Paid Ins (GENERAL) $2,590.96 31302661 Health & Dental G 101-21706 Group Insurance Payable $2,625.16 31302661 Health & Dental E 602-49400-130 Employer Paid Ins (GENERAL) $1,236.28 31302661 Health & Dental E 101-41500-131 Employer Paid Health $921.56 31302661 Health & Dental E 101-43100-130 Employer Paid Ins (GENERAL) $1,982.12 31302661 Health & Dental E 101-41400-131 Employer Paid Health $1,851.47 31302661 Health & Dental E 101-45100-130 Employer Paid Ins (GENERAL) $927.86 31302661 Health & Dental E 601-49450-130 Employer Paid Ins (GENERAL) $1,236.28 31302661 Health & Dental E 101-41300-131 Employer Paid Health $513.15 31302661 Health & Dental Total HEALTH PARTNERS $13,884.84 M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 8. E.1. . Meeting Date February 2, 2009 Mayor and Council Communication — January 27, 2009 Finance —Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Check 26643 HENRYS WATERWORKS, INC E 602-49400-407 R/M - Water Mains $644.44 13084 Flange kit E 602-49400-250 Meters for Resale $1,285.02 13108 Meters for Re -sale Total HENRYS WATERWORKS, INC $1,929.46 Check 26644 1-94 WEST -CHAMBER OF COMMERCE E 101-41100-208 Training and Instruction $20.00 Tom Fay Reservation Cities Eve Total 1-94 WEST CHAMBER OF COMMERCE $20.00 Check 26645 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) $825.00 01192009 Nov & Dec Inspections Total INSPECTRON INC. $825.00 Check 26646 INTERNATIONAL CODE COUNCIL E 101-42400-208 Training and Instruction $125.00 Tori Class Total INTERNATIONAL CODE COUNCIL $125.00 Check 26647 K A ELECTRICAL SERVICES E 101-42000-405 Repair/Maint - Buildings $860.12 3397429 Repair Lights & bulbs Apparatu Total K A ELECTRICAL SERVICES $860.12 Check 26648 LEAGUE OF MINNESOTA CITIES E 101-41100-208 Training and Instruction $285.00 125360 2009 Newly Elect Conference Total LEAGUE OF MINNESOTA CITIES $285.00 Check 26649 MCFOA E 101-41400-208 Training and Instruction $200.00 Bridget March 18-20 Total MCFOA $200.00 Check 26650 MENARDS - BUFFALO E 101-43100-405 Repair/Maint -Buildings $199.84 82965 1/2 HP chain drive, gloves, ba Total MENARDS - BUFFALO $199.84 Check 26651 MIDWEST BUS PARTS INC E 101-42000-404 Repair/Maint -Mach inery/Equ ip $7.95 16899 FD blade light Total MIDWEST BUS PARTS INC $7.95 Check 26652 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $24.32 22833 Copier Maintenance Agreement E 101-41400-413 Office Equipment Rental $84.21 22834 Copy machine E 101-41400-413 Office Equipment Rental $23.53 22835 Copy machine Total MINNESOTA COPY SYSTEMS $132.06 Check 26653 MN DEPT OF PUBLIC SAFETY E 601-49450-433 Dues and Subscriptions $25.00 23486 Tier II report - JM Total MN DEPT OF PUBLIC SAFETY $25.00 Check 26654 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 02152009 Fraser Loan Total MN DEPT. OF TRADE/ECON. DEV. $594.04 Check 26655 MN SECTION CSWEA E 601-49450-208 Training and Instruction $55.00 Annual Conference - JM Total MN SECTION CSWEA $55.00 M:\Public Data\City Council\Council Packet inform ation\2009\02-02-09\02 02 2009 8-E-1 Payment Posted Batch.doc Page 3 of 6 Agenda Item No. B.E. I . Meeting Date February 2, 2009 25 Mayor and Council Communication - January 27, 2009 Finance - Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Check 26656 NAPA AUTO PARTS E 601-49450-210 Operating Supplies (GENERAL) $57.66 697361 Hyd FL - JM Total NAPA AUTO PARTS $57.66 Check 26657 NEILS FLOOR COVERING INC E 101-43100-405 Repair/Maint -Buildings $328.16 1501 Men's bathrooms repair PW Total NEILS FLOOR COVERING INC $328.16 Check 26658 NEXTEL COMMUNICATIONS E 101-42000-321 Telephone $126.12 102008 nextel phones E 101-43100-323 Nextel Radio Units $48.85 102008 nextel phones E 101-41400-323 Nextel Radio Units $34.74 102008 nextel phones E 101-42400-323 Nextel Radio Units $43.84 102008 nextel phones E 101-45100-323 Nextel Radio Units $48.85 102008 nextel phones E 101-41500-323 Nextel Radio Units $66.66 102008 nextel phones E 101-41300-321 Telephone $79.36 102008 nextel phones E 602-49400-323 Nextel Radio Units $48.85 102008 nextel phones E 601-49450-323 Nextel Radio Units $48.85 102008 nextel phones Total NEXTEL COMMUNICATIONS $546.12 Check 26659 NFPA E 101-42000-433 Dues and Subscriptions $83.20 2009 Life Safety Total NFPA $83.20 Check 26660 NORTH CENTRAL LABORATORIES E 601,-49450-210 Operating Supplies (GENERAL) $35.11 246864 Phosver - JM Total NORTH CENTRAL LABORATORIES $35.11 Check 26661 NORTHERN TOOL & EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $13.89 191278115 Western Trip Spring E 101-43100-215 Shop Supplies $164.58 193033780 Chalk line reel/hose Total NORTHERN TOOL & EQUIPMENT $178.47 Check 26662 NORTHLAND SECURITIES E 101-41000-300 Professional Srvs (GENERAL) $1,650.00 1765 continuing disclosure report, Total NORTHLAND SECURITIES $1,650.00 Check 26663 ON SITE SANITATION INC E 101-45100-415 Other Equipment Rentals $63.90 354813 Dec rental Total ON SITE SANITATION INC $63.90 Check 26664 PAULA WOLD R 101-00000-34950 Other Revenues $10.00 lost Key reimbusement Total PAULA WOLD $10.00 Check 26665 PITNEY BOWES - MACHINE RENTAL E 101-41400-413 Office Equipment Rental $621.00 787150 Machine rental Total PITNEY BOWES - MACHINE RENTAL $621.00 Check 26666 PITNEY BOWES - POSTAGE E 101-41400-322 Postage $518.99 1072009 Postage Machine postage Total PITNEY BOWES - POSTAGE $518.99 Check 26667 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $8.33 15081 folders E 101-41400-200 Office Supplies (GENERAL) $35.02 16142 files, folders Total S & T OFFICE PRODUCTS $43.35 M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 8-E-1 Payment Posted Batch.doc Page 4 of 6 Agenda Item No. 8.E. I.. Meeting Date February 2, 2009 26 Mayor and Council Communication - January 27, 2009 Finance - Payment of Claims Page 5 of 6 Check Amt Invoice Comment 10100 Premier Bank Check 26668 S.E.H. E 468-49000-303 Engineering Fees $870.68 212969 194 & 37 interchange Total S.E.H. $870.68 Check 26669 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $4.21 591990 FD Alarm E 101-42000-405 Repair/Maint Buildings $29.23 591990 FD Alarm E 101-43100-405 Repair/Maint Buildings $30.11 591990 PW Alarm Total SENTRY SYSTEMS, INC. $63.55 Check 26670 TRYCO LEASING INC E 101-41400-413 Office Equipment Rental $162.74 4163 FD copier lease Total TRYCO LEASING INC $162.74 Check 26671 USA BLUE BOOK E 602-49400-210 Operating Supplies (GENERAL) $38.73 741315 Cut off wheel ductile Total USA BLUE BOOK $38.73 Check 26672 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $779.50 574 Testing BOD Total WATER LABORATORIES INC $779.50 Check 26673 WEIDNERS PLUMBING & HEATING CO E 101-41940-405 Repair/Maint -Buildings $854.81 226241 Heating Problems Total WEIDNERS PLUMBING & HEATING CO $854.81 Check 26674 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $7,511.19 6391 Salt - ice removal Total WRIGHT COUNTY HIGHWAY DEPT. $7,511.19 Check 26675 WRIGHT-HENNEPIN COOPERATIVE E 601-49450-381 Electric Utilities $8.50 010809 70th Lift Station E 601-49450-381 Electric Utilities $46.97 010809 TL Lift Station E 101-43160-381 Electric Utilities $30.24 010809 Street Lights E 101-45100-381 Electric Utilities $50.32 010809 Park Lights E 101-45100-381 Electric Utilities $50.32 010809 Park Lights E 101-45100-381 Electric Utilities $50.32 010809 Park Lights E 101-43160-381 Electric Utilities $47.86 010809 street lights E 101-43160-381 Electric Utilities $47.86 010809 street lights E 101-45100-381 Electric Utilities $37.74 010809 Park Lights E 101-43160-381 Electric Utilities $32.85 010809 street lights E 101-43160-381 Electric Utilities $60.48 010809 Street Lights E 101-43160-381 Electric Utilities $30.24 010809 Street Lights E 101-43160-381 Electric Utilities $30.24 010809 streetlights E 101-43160-381 Electric Utilities $30.24 010809 street lights E 101-43160-381 Electric Utilities $30.24 010809 street lights E 101-43160-381 Electric Utilities $22.68 010809 Street Lights E 101-45100-381 Electric Utilities $12.58 010809 Park Lights E 101-43160-381 Electric Utilities $9.10 010809 street lights E 101-43160-381 Electric Utilities $8.79 010809 street lights E 101-43160-381 Electric Utilities $7.56 010809 street lights E 101-43160-381 Electric Utilities $7.41 010809 street lights E 101-43160-381 Electric Utilities $35.46 010809 street lights Total WRIGHT-HENNEPIN COOPERATIVE $688.00 M:\Public Data\City Council\Council Packet inform ation\2009\02-02-09\02 02 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 8. E.1. . Meeting Date February 2, 2009 27 Mayor and Council Communication — January 27, 2009 Finance — Payment of Claims Page 6 of 6 Check Amt Invoice Comment 10100 Premier Bank Check 26676 XCEL ENERGY E 101-41940-381 Electric Utilities $24.10 254837617 5998 Labeaux E 101-41940-381 Electric Utilities $25.25 255043666 11830 51st Street E 101-45100-381 Electric Utilities $3.39 255043772 5799 Lander E 101-43160-381 Electric Utilities $32.21 255141549 Unit Signal E 101-43160-381 Electric Utilities $1,162.37 255205754 Street Lighting - 58-59-60 St. E 101-45100-381 Electric Utilities $12.92 255534969 Picnic Shelter E 601-49450-381 Electric Utilities $319.18 255535011 Sewer Lift Station E 101-43100-381 Electric Utilities $338.41 255536255 Public Works E 101-41940-381 Electric Utilities $132.37 255536255 prot Igt E 101-43160-381 Electric Utilities $94.77 255536501 Unit Light E 101-45100-381 Electric Utilities $8.68 255536529 Park Shelter E 101-43160-381 Electric Utilities $42.56 255536587 Unit Signal E 101-43100-381 Electric Utilities $315.81 255537267 PW E 101-41940-381 Electric Utilities $36.92 255537504 6002 Main Ave E 101-43160-381 Electric Utilities $35.72 255537587 Unit Signal E 101-45100-381 Electric Utilities $97.09 255537804 Skating Rink E 601-49450-381 Electric Utilities $37.64 255538066 4940 Kaiser Ave E 601-49450-381 Electric Utilities $70.85 255538244 Lift Station E 101-41940-381 Electric Utilities $9112 255538774 Old PW Garage E 601-49450-381 Electric Utilities $4,425.74 255539144 Sewage Plant E 101-43160-381 Electric Utilities $126.31 255540995 Unit Light Total XCEL ENERGY $7,433.51 10100 Premier Bank $100,592.44 Fund Summary 10100 Premier Bank 101 GENERAL FUND $50,830.60 203 REVOLVING LOAN $594.04 468 CSAH 19 RAMPS/I 94 Project $870.68 473 PRAIRIE RUN $1,341.25 493 CASH 19 & 67th Intersection $12,244.55 494 CSAH 19 & 50th St. (South 19) $3,487.50 501 Phil Morris Lift Station $2,327.50 502 Maclver $7,568.20 601 SEWER FUND $7,263.90 602 WATER FUND $3,472.44 604 STORM WATER $10,591.78 $100, 592.44 M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. S.E. i.. Meeting Date February 2, 2009 lb£r'tY1ll£ Mayor and Council Communication January 26, 2009 SUBJECT: FINANCE DEPARTMENT REPORT RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. GENERAL FINANCE: Staff evaluated both the competitiveness of our Sprint/Nextel Phone Plan and also the number of phones needed by the City of Albertville. We are currently using the State Contract for mobile phones and it is by far the best value. In reviewing our plan two Nextel phones were eliminated. During the budget process staff had a recommendation of cancelling garbage pick-up service for the Fire Hall and City Hall. Effective January 12, 2009 that service has been cancelled at the locations recommended and the Public Works staff will be collecting the garbage from the locations and transporting them to Public Works dumpster or the Parks dumpster. Next month the year to date unaudited budget to actual 2008 report will be presented to council. Due to the time limit with year-end, audit and traveling to Dallas to pull on a letter of credit the Finance Director did not have time to have it completed for this meeting. The year end process has started and the preliminary audit work performed by KDV has been completed. KDV had planned on spending 16 hours here at City Hall for the preliminary audit work, but with the use of Laserfiche they completed their work in 6 hours. They will be back to start the remaining audit work on February 9, 2009. Ultimately, the less time the Accountants and Auditors are here, the less current and future costs. KEY ISSUES: • None PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 Finance Report. doe Agenda Item No. 8..L' .3. Meeting Date February 2, 2009 Mayor and Council Communication — January 26, 2009 Finance Director — Monthly Report Page 2 of 2 FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2009\02-02-09\02 02 2009 Finance Report.doc QQ Agenda Item No. t7.E.3. Meeting Date 3e-3 2009 30 rtV1ll £�Ibc£ Mayor and Council Communication Smog To living. gig 43W l,i.. January 26, 2009 SUBJECT: 0 CITY CLERK — GEEz SPORTS BAR & GRILL ONE -DAY LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: Motion approve 3 One -Day 3.2% Malt Liquor License applications submitted by Geez Sports Bar & Grill for a Broomball Tournament to be held at Central -City Park on Friday, February 6 from 6:00 p.m. to 11:00 p.m.; Saturday, February 7 from 8:00 a.m. to 12:00 mid -night; and Sunday, February 8, 2009 from 9:00 a.m. to 6:00 p.m. BACKGROUND: The Mayor and City Council review and approves all Liquor License applications that are presented to City staff. The Council may ask questions regarding the liquor license applications that are submitted to the City Clerk. KEY ISSUES: Allow Central -City Park to remain open until 11:30 p.m. February 6 and 12:30 p.m. February 7. Geez Sports Bar & Grill has not submitted previous applications in 2009 for a One -Day 3.2% Malt Liquor License. Council may deny the application, in which Geez Sports Bar & Grill will not be allowed to sell 3.2% Malt Liquor during the Broomball Tournament; however, the teams may bring their own. POLICY/PRACTICES CONSIDERATIONS: It is the Council's practice to review and approve liquor license application to the sell 3.2% Malt Liquor at events held within the Albertville city limits and on City property. 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. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: Geez One -Day 3.2% Malt Liquor License application M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 8 Clerk (Geez 2 1-day Liq Lic) RCA.doc Agenda Item No. 8..F: . I . Meeting Date February 2, 2009 LJ lb£itvi 11£ Small Taun living. Blg City Ufa. 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, 5959 Main Avenue NE P.O. Box 9 Albertville, MN 55301 1. Name of Applicant (organization): — e e r�>✓ �5 i✓" r� 2. Name and Address of President and Secretary of Applicant: / f l rs%Gtn /4.-c 1-4 K-e.--vl- e ) 3. Purpose for which funds derived will be used: - ,'S _ rr, &tqe ) C, re �1rYl b212 4. Date(s) of activity: -Fe— 6 6 l 1. 5. Premises from which 3.2% malt liquor will be dispensed on said date: b. Hours of operation: 11—rrh- Z ,r►-/ - S�tT� — �v>r, = 12 1 �s n� � pr✓l , , ca r� �� _ ��m 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: C r en 111 Zol"V rL11__e ' C, �17- - q-7s-77 t �09 Applicant's Signature Date MAPublic Data\City Clerk\Liquor License\Applieation Forms\3.2 One -Day Liquor License.doc 32 A,lbertvijle Mayor and Council Communication January 26, 2009 SUBJECT: 0 CITY CLERK — 2009 LOCAL BOARD OF APPEAL AND EQUALIZATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion set Monday, April 6, 2009 as the 2009 Local Board of Appeal and Equalization meeting to be held at the Albertville City Hall that will begin at 5:30 p.m. and to send the confirmation notice to the Wright County Assessor's Office. BACKGROUND: According to the Minnesota Statutes, it is required that in order to hold a Local Board of Appeal and Equalization meeting in 2009 there must be a quorum and at least one of the voting members must have attended the approved training. Mayor Ron Klecker and Council members Tom Fay and Dan Wagner have attended the Wright County's Board of Appeal and Equalization approved training; therefore, Albertville has met the Minnesota Statutes. The Wright County Assessor's Office sends a notice recommending a date for Albertville to hold the Local Board of Appeal and Equalization meeting. The Local Board of Appeal and Equalization meeting date must be set by the City Council, which would take place during a regular Council meeting. • Minnesota State Statutes requires that in order to hold a Local Board of Appeal and Equalization meeting in 2009 there must be a quorum of members; and, at least one of the voting members must have attended an approved Local Board of Appeal and Equalization training. • Members that have completed the approved training conducted by Wright County are: Mayor Ron Klecker, Council member Tom Fay, and Council member Dan Wagner. • Council set Monday, April 6, 2009 as the 2009 Local Board of Appeal and Equalization meeting that will begin at 5:30 p.m. at the Albertville City Hall located at 5959 Main Avenue NE, Albertville, MN. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council work together with the Wright County Assessor's Office to coordinate a date to hold the annual Local Board of Appeal and Equalization meeting. FINANCIAL CONSIDERATIONS: It is during the Local Board of Appeal and Equalization meeting is when residents and or property owners discuss the value of their property that has been set by the Wright County Assessor's Office. The Local Board of Appeal and Equalization takes the time to listen to the property owners and take into consideration whether to raise, lower, or keep the property value the same with the guidance of the Wright County Assessor. The M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 8 Clerk (Set 2009 Board of Appeal date) RCA.doc Agenda Item No. S. F.2. Meeting Date February 2, 2008 3 Mayor and Council Communication — January 16, 2008 City Clerk — 2008 Local Board of Appeal and Equalization Page 2 of 2 financial impact of lowering the property value would affect the allocation amount of Property Taxes collected for that parcel in that year, which would affect the City's budget. LEGAL CONSIDERATIONS: The Mayor and City Council serve as the Local Board of Appeal and Equalization who have the authority to review and direct staff to take action regarding the proposed property value set on properties within the City of Albertville or change the classification of the property. Respectfully submitted, arry R 0�se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 8 Clerk (Set 2009 Board of Appeal date) RCA.doc Agenda Item No. 8. F.2. Meeting Date February 2, 2008 P Gregory A. Kramber Wright County Assessor Wright County Government Center 10 2nd Street NW, Room 240 Buffalo, MN 55313-1183 Phone: (763) 682-7367 / (763) 682-7368 1 (800) 362-3667 FAX: (763) 684-4553 www.co.wright.mn.us To: Albertville City From: Randy DesMarais, Wright County Date: January 16, 2009 Re: 2009 Local Board of Appeal and Equalization Dates Monday 4/6/2009 Day of the Week Date Minnesota Law requires that the County Assessor set the date for your Local Board of Appeal and Equalization Meeting. The 2009 Albertville City Local Board of Review and Equalization Meeting has been tentatively set for 4/6/2009 at 5:30pm. If this date is agreeable or must be changed please contact Randy at 763-682-7366 or 1-800- 362-3667 ext. 7366 prior to February 10, 2009. Minnesota Statues require that in order to hold a Local Board of Appeal and Equalization meeting in 2009 there must be a quorum and at least one of the voting members must have attended the approved training. If your board has any questions or needs any information please contact Randy. Currently some of the Cities and Townships in Wright County held their meetings with a starting time of 9:OOAM, 1:00PM & 3:OOPM. If your members are interested in starting the meeting earlier than your tentatively scheduled time please contact Randy. As there must be a quorum please notify your board members with a request that they mark their calendars. More information, including a summary of the duties and responsibilities of the Local Board of Appeal and Equalization will be provided at a later date. Your early completion and return of the attached tear off slip will be appreciated and we will send your official notice for posting as required by law. Please return to Randy DesMarais, Wright County Assessor Office, at the above address or fax to our office at 763-684-4553. --------------------------------------------------------------------------------------------------------------------------- CONFIRMATION Municipality: Date: Time: Place: For selecting meeting dates in future years, the following information will be helpful. OR �,, lbertvijlc Mayor and Council Communication Smd Yoaaaa Wk w oft CSty Ut— January 13, 2009 SUBJECT: 0 PLANNING — ZONING ORDINANCE AMENDMENT RE: LANDSCAPE MAINTENANCE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance Number 2009-001 entitled an Ordinance Amending Chapter 1000 General Building and Performance Requirements; Section 1000.7 Required Fencing, Screening, and Landscaping of Appendix A Zoning Ordinance of the 2005 Albertville Municipal City Code Relating to Landscape Maintenance, as presented. BACKGROUND: For a growing period of time, the City has been concerned of long term maintenance and the replacement of plants within an approved landscape plan. Staff was directed to resolve this issue via an ordinance amendment. Section 1000.7.H. of the City's Zoning Ordinance requires that all plants within an approved landscape plan be alive and in satisfactory growth at the end of a two year guarantee period, or they must be replaced. It is after this "two year guarantee period" that the City has expressed concern. The question is: Who is responsible to maintain this landscaping five, ten, or fifteen years from the time of planting? Staff would recommend that the City maintain the two year warranty requirement, but add additional language regarding responsibility after the two years is complete. For any project that requires a landscape plan to be submitted and reviewed by the City, the continued maintenance of the landscaping on the site, in accordance with the approved plan, shall be the responsibility of the property owner. KEY ISSUES: Landscaping on some properties within Albertville has not been maintained in a satisfactory manner; Current Zoning Ordinance only guarantees new plants for two (2) years from the time planting has been completed; and Need to secure a guarantee/warranty that property owners shall continue to maintain the landscaping on their property and replace any dead and/or diseased plantings, even after the two (2) year guarantee period. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council amend this section of the code. M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 Planning Ord -Landscape RCA.doc Agenda Item No. & HA. Meeting Date February 2, 2009 Mayor and Council Communication — January 20, 2009 Planning — Zoning Ordinance Amendment: Landscape Maintenance Page 2 of 2 FINANCIAL CONSIDERATIONS: There are not significant financial issues related to this amendment. However, amending this portion of the Code will clarify who is responsible for maintaining the landscaping on properties that contain landscape plans. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, arry se City A ministrator Department/Responsible Person: Planning/ Al Brixius, City Planner Attachments: Ordinance No. 2009-001 M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 Planning Ord -Landscape RCA.doc Agenda Item No. 8.H. l . Meeting Date February 2, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-001 AN ORDINANCE AMENDING CHAPTER 1000 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS; SECTION 1000.7 REQUIRED FENCING, SCREENING, AND LANDSCAPING OF APPENDIX A ZONING ORDINANCE OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO LANDSCAPE MAINTENANCE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1000.7 H., relating to Landscape Maintenance, is hereby amended to read as follows: H. Landscape Maintenance: 1. All plants shall be guaranteed for two (2) full years from the time planting has been completed via a landscaping warranty. All plants shall be alive and in satisfactory growth at the end of the warranty period or replaced. 2. All plants required as part of an approved landscaping plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscape plan on file with the City. 3. Maintenance and adherence of the approved landscape plan is the responsibilit of f the property owner. 4. Failure to adhere to an approved landscape plan constitutes a violation of City approval. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-001 Landscape Maintenance.doc 39 City of Albertville County of Wright Ordinance No. 2009 — 001 Page 2 of 2 This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2nd day of February 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-001 Landscape Maintenance.doc A\lb£rtvi ll£ Mayor and Council Communication S_.N To u..rw mQ caw ur- January 13, 2009 SUBJECT: 0 PLANNING — ZONING ORDINANCE AMENDMENTS RE: NUISANCE REGULATIONS WITHIN APPENDIX A ZONING ORDINANCE OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE; AND TITLE 5 HEALTH AND SANITATION OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance No. 2009-002 entitled an Ordinance amending Chapter 1000 General Building and Performance Requirements; Section 1000.11 Smoke; Section 1000.12 Dust and Other Particulated Matter; Section 1000.13 Odors; Section 1000.19 Radiation Emission; and Section 1000.20 Electrical Emission of Appendix A Zoning Ordinance of the 2005 Albertville Municipal City Code to Repeal the Nuisance Regulations from the Albertville Zoning Ordinance, as presented; AND, approve Ordinance No. 2009-003 entitled an Ordinance amending Title 5 Health and Sanitation, Chapter 1 Nuisances, Section 3 Public Nuisances Affecting Health; and Section 5 Public Nuisances Affecting Peace and Safety of the 2005 Albertville Municipal City Code to add Nuisance Regulations to Health and Sanitation, as presented. BACKGROUND: The 2005 Albertville Municipal City Code currently contains regulations pertaining to public nuisances in two locations: the Zoning Ordinance (Appendix A) and the Health and Sanitation Title (Title 5). It is staff s sentiment that these regulations would be better suited if they were all in one location within the City Code, under Chapter 1 (Nuisances) of the Health and Sanitation Title of the City Code. The reason being so that any nuisance regulations can be enforced through an administration citation and fine —versus if the nuisance regulations were to remain under the Zoning Ordinance —a zoning violation would require prosecution of a misdemeanor. Staff would recommend repealing the nuisance regulations from the Zoning Ordinance (Appendix A) and adding those regulations to the Health and Sanitation portion (Title 5) of the City Code. KEY ISSUES: Nuisance regulations are located within two (2) portions of the current 2005 Albertville Municipal City Code; Staff would like to see all of the regulations under the Health and Sanitation Title of the 2005 Albertville Municipal City Code; and This would allow for the enforcement of nuisance regulations through an administrative citation and fine, versus the prosecution of a misdemeanor. M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 Planning Ord -Nuisance RCA.doc Agenda Item No. 8..H.2. Meeting Date February 2, 2009 Mayor and Council Communication — January 20, 2009 Planning — Zoning Ordinance Amendments: Nuisance Regulations Page 2 of 2 POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council amend this section of the code. FINANCIAL CONSIDERATIONS: If the City Code stays as -is and the nuisance regulations remain under the Zoning Ordinance, a zoning violation would require prosecution of a misdemeanor. This process would be much more lengthy and costly to the City, versus an administrative citation and fine. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, (1 Larry use City Administrator Department/Responsible Person: Planning/Al Brixius, City Planner Attachments: Ordinance No. 2009-002 and Ordinance No. 2009-003 M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 Planning Ord -Nuisance RCA.doc Agenda Item No. 8.H..2. Meeting Date February 2, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-002 AN ORDINANCE AMENDING CHAPTER 1000 GENERAL BUILDING AND PERFORMANCE REQUIREMENTS; SECTION 1000.11 SMOKE; SECTION 1000.12 DUST AND OTHER PARTICULATED MATTER; SECTION 1000.13 ODORS; SECTION 1000.19 RADIATION EMISSION; AND SECTION 1000.20 ELECTRICAL EMISSION OF APPENDIX A ZONING ORDINANCE OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE TO REPEAL THE NUISANCE REGULATIONS FROM THE ALBERTVILLE ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1000.11, relating to smoke, is hereby repealed as follows: 11r1T1T1, , r . .• _ SECTION 2. Section 1000.12, relating to dust and other particulated matter, is hereby repealed as follows: IN . • . ... SECTION 3. Section 1000.13, relating to odors, is hereby repealed as follows: M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-002 Zoning Amendment Nuisance.doc W City of Albertville County of Wright Ordinance No. 2009-002 Page 2 of 2 SECTION 4. Section 1000.19, relating to radiation emission, is hereby repealed as follows: _rpmff•.. SECTION 10. Section 1000.20, relating to electrical emission, is hereby repealed as follows: This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2nd day of February 2009. Ron Klecker, Mayor Bridget Miller, City Clerk WPublic Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-002 Zoning Amendment Nuisance.doc CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-003 AN ORDINANCE AMENDING TITLE 5 HEALTH AND SANITATION, CHAPTER 1 NUISANCES, SECTION 3 PUBLIC NUISANCES AFFECTING HEALTH; AND SECTION 5 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE TO ADD NUISANCE REGULATIONS TO HEALTH AND SANITATION THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 5-1-3.H., relating to open burning, is hereby amended to read as follows: H. Open Burning: Burning in violation of chapter 4 of this title. The emission of smoke by any use shall be in compliance with and regulated by the Minnesota pollution control standards MPCA Chapter 7009. SECTION 2. Section 5-1-3.I., relating to air pollution is hereby amended to read as follows: Air Pollution: Dense smoke, noxious fumes, gas and soot, or cinders, dust, fly ash, or other particulated matter in unreasonable quantities. The emission of any_particulated matter by any use shall be in compliance with and regulated by the Minnesota pollution control standards, MPCA Chapter 7009, as amended. SECTION 3. Section 5-1-3.L., relating to odors is hereby added to read as follows: L. Odors: Any offensive odors upon public or private property. The emission of odor by any use shall be in compliance with and regulated by the Minnesota pollution control standards MPCA Chapter 7009, as amended. SECTION 4. Section 5-1-3.M., relating to noise is hereby added to read as follows: M. Noise: Noise in violation of chapter 5 of this title. The emission of noise by any use shall be in compliance with and regulated by the Minnesota pollution control standards MPCA Chapter 7030, as amended. MAPublic Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-003 City Code Nuisance.doc W City of Albertville County of Wright Ordinance No. 2009-003 Page 2 of 2 SECTION 5. Section 5-1-3.N., relating to radiation emission is hereby added to read as follows: N. Radiation emission: All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency. SECTION 6. Section 5-1-5.Q., relating to other injurious conditions and electrical emission is hereby. amended to read as follows: Q. the per -son or- pr-opefty of anyone. (2005 Code)-. Electrical Emission: All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. SECTION 7. Section 5-1-5.R., relating to other injurious conditions is hereby added to read as follows: R. Other Injurious Conditions: All other conditions or things which are likely to cause injury to the person or property of anyone. (2005 Code This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2❑d day of February 2009. Ron Klecker, Mayor Bridget Miller, City Clerk MA\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-003 City Code Nuisance.doc J k A,lb£r"tvill£ Mayor and Council Communication &"" ,T u ehwo. etp ckw wr January 20, 2009 SUBJECT: 41 PLANNING — APPOINTMENT TO THE PLANNING AND ZONING COMMISSION RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: Motion accept the Albertville Planning and Zoning Commission's recommendation to appoint Robert Olson to fill the vacancy on the Planning and Zoning Commission for a three-year term. BACKGROUND: In December 2008, the Planning and Zoning Commission received and accepted the electronic resignation of Denise Prow. Staff advertised for the vacancy after the Planning and Zoning Commission authorized staff to do so. Only one (1) application for the vacancy was received. Robert Olson expressed an interest to serve on the Planning and Zoning Commission approximately two years ago and is still interested in serving at this time. At the January 13, 2009 Planning and Zoning Commission meeting, the Commission members interviewed the applicant and made a recommendation to the Council to appoint Robert Olson to fill the vacancy on the Planning and Zoning Commission for a three-year term. KEY ISSUES: None POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council review applications or letters of interest from residents who wish to serve on the various Commissions, Committees, and Boards that represent the City of Albertville. The City Council approves or denies the appointments to fill the seats on the Commissions, Committees, and Boards. FINANCIAL CONSIDERATIONS: There are no financial or budgetary issues related to this appointment. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to appointment individuals to various Commissions, Committees, and Boards. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 8-H Planning Appointment of Rob Olson RCA.doc Agenda Item NAAA Meeting Date February 2, 2009 7 b£r`tV1ll >�£ Mayor and Council Communication smaY I— u.bw. fro f3W We. January 20, 2009 SUBJECT: PLANNING — ALBERTVILLE TOWN HOMES LIMITED PARTNERSHIP SIGN VARIANCE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Resolution Number 2009-003 Resolution Denying a Variance to Place a Banner Sign that Exceeds the Maximum Allowed Banner Size of 32 Square -feet onto the Albertville Meadows Apartment Building located at 10732 County Road 37 within the Albertville city limit, as presented. BACKGROUND: The Albertville Townhomes Limited Partnership has applied for a variance to place a banner on the Albertville Meadows Apartment building that exceeds the maximum allowed banner size of 32 square feet. The applicants are requesting approval for an 80 square foot banner on the wall of the apartment building, located at 10732 County Road 37 (Exhibit A). The applicants have already installed this banner on the apartment wall adjacent to County Road 37, pending the variance application review (Exhibit B). In addition to this banner sign, a second banner sign is also located on the same wall of the apartment building (Exhibit Q. The property owners have not addressed the second banner with the City, meaning they have not applied for a permit, or received approval for it. Staff would recommend denial of the sign variance request to place a banner sign that exceeds the allowed maximum size of 32 square feet onto the Albertville Meadows Apartment building, along with the condition that both banner signs be removed immediately from the apartment building. KEY ISSUES/FINDINGS: • Two banner signs have been placed on the Albertville Meadows Apartment building without receiving City approval (Exhibit D); • Variance application only addresses one of these banner signs: requested size (80 square feet) more than doubles what is allowed by the Zoning Ordinance (32 square feet); • No hardships unique to this property; • The current Sign Ordinance allows for multiple opportunities for the property owners to display "for sale" or "for rent" signs, or projection identification signs; • Purpose of the request is based exclusively upon a desire to increase income potential; M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 Planning Albert Townhomes Sign Variance RCA.doc Agenda Item No. & H.4. Meeting Date February 2, 2009 Mayor and Council Communication — January 20, 2009 Planning — Albertville Townhomes Sign Variance Page 2 of 2 • City does not want to be setting a precedent by allowing these banner signs to continue to be in place; and • Both non -conforming banner signs should be removed from the apartment building immediately as they are in violation of the Zoning Ordinance. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council deny this variance application and both banner signs be removed immediately from the apartment building. FINANCIAL CONSIDERATIONS: Staff is concerned that other rental properties within the City will pursue this avenue of advertising if the City continues to allow this situation to occur. If so, more City time and money will be spent processing similar variance applications. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to approve or deny a request for a variance, which requires a majority vote of the City Council. All decisions by the Council involving a variance request shall be final; except, that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Wright County district court. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Planning/Al Brixius, City Planner Attachments: Resolution No. 2009-003 M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 Planning Albert Townhomes Sign Variance RCA. doe pp�� Agenda Item No. 8.H.4. Meeting Date February 2, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-003 RESOLUTION DENYING A VARIANCE TO PLACE A BANNER SIGN THAT EXCEEDS THE MAXIMUM ALLOWED BANNER SIZE OF 32 SQUARE FEET ONTO THE ALBERTVILLE MEADOWS APARTMENT BUILDING, LOCATED AT 10732 COUNTY ROAD 37 WITHIN THE ALBERTVILLE CITY LIMITS WHEREAS, the Albertville Town Homes Limited Partnership has submitted an application for a variance to place an 80 square foot banner sign (Exhibit A), which exceeds the maximum allowed banner sign size of 32 square feet, on the wall of the Albertville Meadows Apartment building, on the property to be legally described as follows: Lot 1, Block 1, Westwind 3rd Addition, according to the plat thereof, Wright County, Minnesota. WHEREAS, this banner sign has already been placed on the side of the building, prior to City approval (Exhibit B); and WHEREAS, a second banner sign is also located on the same wall of the apartment building, which was placed without City approval also (Exhibit C & D); and WHEREAS, City Staff has reviewed the submitted application, along with the planning report dated January 8, 2009, prepared by Northwest Associated Consultants (Exhibit E); and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on January 13, 2009 to consider the variance application; and WHEREAS, upon review of the staff reports and hearing public testimony, the Planning and Zoning Commission closed the public hearing and recommended that the City Council deny the variance with the condition outlined in the January 8, 2009 planning report; and WHEREAS, the Albertville City Council met on February 2, 2009 to consider the variance application; and WHEREAS, the Albertville City Council received the variance application, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendation of the Planning Commission; and NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby denies the variance application, subject to the attached Findings of Facts and Decision, with the attached condition. M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-003 (Albt Townhomes Sign Variance).doc C�°51 City of Albertville County of Wright Resolution No. 2009-003 Page 2 Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The site shall be legally described as Lot 1, Block 1, Westwind 3rd Addition, according to the plat thereof, Wright County, Minnesota. B. The planning report dated January 8, 2009 from Northwest Associated Consultants is incorporated herein. C. There are no conditions involved in this variance case that appear to be unique to this particular parcel of land or use as an apartment complex. The current Sign Ordinance allows for multiple opportunities for the property owners to display for sale or for rent signs, or projection identification signs, which have been illustrated in the planning report. D. It appears that the purpose of the requested variation from the Ordinance regulations is actually based exclusively upon a desire to increase the income potential of the apartment complex. The applicants have stated in their application statement that approving a "larger banner than allowed" would "help lease up this new property" (Exhibit F). E. The alleged difficulty or hardship has not been caused by this chapter of the City Code. It has been created by those having an interest in the parcel. Decision: Based on the foregoing information and applicable ordinances, the City Council DENIES the variance to place a banner on the Albertville Meadows Apartment building that exceeds the maximum allowed banner size of 32 square feet, based on the above -mentioned findings -of -fact and subject to the following condition: 1. Both banner signs shall be removed immediately from the apartment building. Adopted by the Albertville City Council this 2"d day of February 2009. Attachments: Exhibit A — Colored Rendering of Banner Sign Exhibit B — Photograph of Banner 1 Exhibit C — Photograph of Banner 2 Exhibit D — Photograph of both Banners Exhibit E — Planning Report (dated January 8, 2009) Exhibit F — Applicant's Memo (dated December 10, 2008) Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-003 (Albt Townhomes Sign Variance).doc NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202. Golden Valley, lVIN 55422 Telephone: 763.231 ,2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Carie Fuhrman/ Alan Brixius DATE: January 8, 2009 RE: Albertville — Albertville Townhomes Limited Partnership — Sign Variance FILE NO: 163.06 — 08.26 BACKGROUND The Albertville Townhomes Limited Partnership has applied for a variance to place a banner on the Albertville Meadows Apartment building that exceeds the maximum allowed banner size of 32 square feet. The applicants are requesting approval for an 80 square foot banner on the wall of Albertville Meadows Apartment building, located at 10732 County Road 37 (Exhibit A). The applicants have already installed this banner on the apartment building wall adjacent to County Road 37, pending the variance application review (Exhibit B). In addition to this banner sign, a second banner sign is also located on the same wall of the apartment building (Exhibit C). The property owners have not addressed the second banner with the City, meaning they have not applied for a permit, or received approval for it. The following memo shall address what is allowed through the current Sign Ordinance, what is being requested, and staffs recommendation for the request. ANALYSIS Zoning. The property is located on Lot 1, Block 1, Westwind Third Addition. The building is located at 10732 County road 37 and is zoned PUD with R-5 regulations. The City Code addresses Sign Regulations in Title 10, Chapter 7. The following sign regulations explain what is allowed on this property: • Temporary Real Estate Sign: A temporary real estate sign not exceeding nine (9) square feet in area in a multiple -family district pertaining only to the sale, rental_ or least of the premises upon which displayed (1 0-7-5.G.2a.(1)).* EXHIBIT E .kA - LA. 53 Business Sign: A business sign in a multiple -family residential district not exceeding 12 square feet in area and pertaining to the identification of the multiple -family residential project (10-7-5.G.2a.(3)).* *These types of signs are exempt from the permit requirements and from the regulations; except, that they shall be set back from the street right-of-way line a distance of at least one-half of the minimum setback specified in the district regulations. "For Sale" and "To Rent' Siqns: Where more than 6 dwelling units (or lots for residential development purposes) are offered for sale or rental by the same party, signs advertising such sale or rental may be constructed in any district: • One sign permitted facing each public street providing access to the property being offered; • Each sign cannot exceed 40 square feet in area; • Setback at least 130 ft from any pre-existing home; • Removed within one year from the date of the building permit issuance, or when less than 6 units remain for sale or rent, whichever is less; and Comply with the setback requirements for the zoning district in which it is located (10-7-10.A.2.). Accessory Signs for Residential Uses: Only nameplate, directional, and identification signs shall be permitted, setback from the street right-of-way line at least one-half of the required minimum setback in the district regulations, and subject to the following regulations (10-7-10.D.): • For each apartment development, one identification sign is allowed or if on a corner lot, 2 signs are allowed, each facing a separate street: • Each sign cannot exceed 40 SF in area; • Located near the main entrances to the building or complex of buildings; Containing the name and phone number of the owner or manager thereof; • Each building with an apartment development with a separate address shall be identified by a separate sign not exceeding 5 square feet in area with letters of a size and color to clearly identify the individual building. • With construction or remodeling, one sign shall be permitted, or if on a corner lot, 2 signs are allowed, one facing each street: Cannot exceed 25 SF in area; Indicating the names of any/all of the architects, engineers, and contractors; Removed by the person(s) erecting the same no longer than 2 weeks after the final inspection, or 2 years, whichever is less. • Banner Sign Regulations: Banners are defined as any attention getting devices which resemble flags and are of a paper, cloth or plastic or plastic -like consistency. 2 EXHIBIT E 54 Permitted only as temporary signage for a maximum duration of fourteen (14) calendar days within the City of Albertville; No more than four (4) permits per calendar year are allowed to be issued to any one property; Limited in size to a maximum of 32 square feet (section 10.7.7.G.1 & 2). Proposed (Existing) Banners. Two banner signs have been placed on the Albertville Meadows Apartment building without receiving approval from the City (Exhibit D). At this time, the applicants are requesting approval for a variance to allow one of the banner signs to remain on the wall of Albertville Meadows Apartments. The banner is 80 square feet in size, which exceeds the maximum size allowed by 48 square feet, necessitating the variance request. The applicants have provided a colored rendering of the banner sign. The banner is 5 feet wide by 16 feet in height; red in color with white lettering, and reads as follows: 5 feet 16 feet The second banner sign on the apartment building was placed without a permit or approval from the City also, and it has not been addressed by the property owners in this application or in any additional application. The actual dimensions of this sign are not known, but have been requested by staff. The banner lies horizontally; is yellow and white in color with red lettering; and reads as follows: Albertville Meadows 763 — 497 — 9907 dominiumapartments.com Non -Conforming Signs. Being both banner signs have been placed on the subject apartment building prior to City approval, each of them are considered non -conforming at this time. EXHIBIT E `s- kA.�. 55 Off -Premise Sign. In addition to being placed on the building prior to permit approval, the red vertical banner sign is also non -conforming in that it is technically an off -premise advertising sign. The sign advertises for both the apartments, which are on -site, but also for the townhomes, which are on a separate site. Variances. According to Section 10-7-9, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this chapter, the city council has the power to vary the requirements of this chapter in harmony with the general purpose and intent hereof, so that the public health, safety, and general welfare may be secured and substantial justice done. When considering a variance, the city council shall make a finding of fact and grant approval based upon the following conditions: A. That the conditions involved are unique to the particular parcel of land or use involved. Staff Comment: There are no conditions involved in this case that appear to be unique to this particular parcel of land or use as an apartment complex. The current Sign Ordinance allows for multiple opportunities for the property owners to display for sale or for rent signs, or projection identification signs, which have been illustrated earlier in the memo. B. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. Staff Comment: It appears that the purpose of the requested variation from the Ordinance regulations is actually based exclusively upon a desire to increase the income potential of the apartment complex. The applicants have stated in their own application that approving a "larger banner than allowed" would "help lease up this new property." C. That the alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the parcel. Staff Comment: The alleged difficulty or hardship has not been caused by this chapter of the City Code. It has been created by those having an interest in the parcel. D. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the sheriffs and fire departments of the city. Staff Comment: It does not appear that the variance in the sign size would substantially increase the congestion of the public streets or interfere with the function of the sheriff's or fire departments of the city. Hardship. When asked to give the reason why this variance request should be granted, the applicants indicated on the application form that it would help lease up this new property. According to a memo submitted by the applicants (Exhibit E), they are also requesting permission to place the banner on the wall of the apartment building 4 EXHIBIT E 56 while the variance application process is still underway. Ms. Kari Shideman, the Marketing Analyst & Coordinator for Dominium Management Services, has stated in the memo that it is her "understanding that the permit may not be approved until late January or early February. Due to the fact that we plan on having town homes available for residents to move into come early January, we need the banner as soon as possible to advertise rental opportunities." RECOMMENDATION This application is difficult in that staff must determine how to process not only the variance application, but also the non -conforming status of the signs located on the property. Both banner signs are in violation of the Zoning Ordinance - violating Code regulations, exceeding size limitations, being installed without permits, and so on. Staff is concerned that other rental properties within the City will pursue this avenue of advertising if the City continues to allow this situation to occur. The Planning Commission and City Council should consider whether or not they want to be setting a precedent with this case. Staff recommends denial of the variance request to exceed the maximum allowed banner sign size, based on the following findings: the conditions involved are not unique to the subject parcel or use involved; the purpose of the variance is based exclusively upon a desire to increase the income potential of the business; and the alleged difficulty or hardship is not caused by this chapter and has been created by persons presently having an interest in the parcel, subject to the following condition: Both banner signs shall be removed immediately from the apartment building. Attachments: Exhibit A - Colored Rendering of Banner Sign Exhibit B - Photograph of Banner 1 Exhibit C - Photograph of Banner 2 Exhibit D - Photograph of Both Banners Exhibit E — Applicant's Memo (dated December 10, 2008) Bridget Miller Jon Sutherland Tori Leonhardt Mike Couri Adam Nafstad Dominium Management Services, Inc. c/o Kari Shideman 2355 Polaris Lane North Suite 100 Plymouth, MN 55447 EXHIBIT E ,�. t�-L�. 57 2355 Polaris Lane North Suite 100 Plymouth, MN 55447 .t PF-C 1,1 2008 December 10, 2008 Dear Mr. Sutherland: I am writing this letter to request your permission to allow us to place the 5' x 16' banner on the wall of Albertville Meadows Apartments while the variance permit application process is underway. It is my understanding that the permit may not be approved until late January or early February. Due to the fact that we plan on having town homes available for residents to move into come early January, we need the banner as soon as possible to advertise rental opportunities. Thank you for your consideration. Kari Shideman Marketing Analyst & Coordinator Dominium Management Services EXHIBIT F 58 (763) �' II' { d . . . � . . . . . M x: . � :. . . � . � � « AoQ \: £«%_ OM tea) CO Wiz= s14 lu- ^n ;00. c Ib£rtVijj£ Mayor and Council Communication s� roan u.rQ. eq ttka �ti. January 27, 2009 SUBJECT: ADMINISTRATION - I-94 COLLECTOR DISTRIBUTOR ROAD CONSULTING SERVICES CONTRACT WITH THE TINKLENBERG GROUP RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve entering into a Consulting Services Agreement with the Tinklenberg Group through December 31, 2009, with the total cost not to exceed an average monthly cost of $3,000 or $36,000 annually plus expenses which shall be approved in advance, with the contract beginning February 2, 2009 as per the terms of the Tinklenberg Group's January 2009 letter on file in the office of the City Clerk, funds coming from the 2009 budgeted transportation account. BACKGROUND: August 2005, the Tinklenberg Group was instrumental in the City receiving $800,000 of Federal Funds, which the majority have been used to purchase right-of-way for the I-94 Project. Since that time, the Tinklenberg Group has assisted the City in seeking additional State and Federal Funding. In late 2007, with Mr. Elwyn Tinklenberg running for Congress and limited transportation funding, the City pursued Federal Funding ourselves, and did not rely on an outside consultant. Mayor Klecker, Council member Fay and City Administrator Kruse went to Washington D.C. and met with our Congressional Delegation. In 2009, the Federal Transportation Reauthorization Bill is being approved, and will identify qualifying projects for the next six years. Also, the Federal Government may appropriate a significant amount of Economic Recovery Program money for transportation to revive our economy. The Westbound I-94 Collector Distributor Road will likely cost between $6 to $7 million to construct and an additional one to two million for right-of-way and engineering services. Without Federal assistance, it is unlikely the project will happen. KEY ISSUES: • It is critical that our message regarding our need for money reach our congressional delegation. • Competition for transportation funds are at an all time high. • The Economic Recovery Program provides a unique opportunity to fund our I-94 project. • The Council may engage an engineering firm to start final design in the next several months. That design is planned to be completed by the end of 2009. • Discussions are that upwards of 75% of the Federal Stimulus Package must be awarded/spent within 18 months, so time is of the essence. • This commitment is for one year. M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 I-94 Project - Tinklenberg Group Consulting Services Contract.doc Agenda Item No. 8XA . Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 I-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 2 of 9 POLICY/PRACTICES CONSIDERATIONS: It is the City's Policy to review and approve all contracts for services. FINANCIAL CONSIDERATIONS: Currently, the City has budgeted $80,000 for transportation. If this contract is approved, $40,000 of these funds will be earmarked for The Tinklenberg Group consulting services. The remaining funds would probably go towards final design. LEGAL CONSIDERATIONS: The City Council has the authority to enter into consulting services contract and does so on a case -by -case basis. Respectfully submitted, Larry R. II se City Administrator Department/Responsible Person: Administration/City Administrator Larry Kruse Attachments: Tinklenberg Group Contract Proposal and Minnesota Department of Transportation letter regarding the Federal Economic Recovery Program M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 I-94 Project - Tinklenberg Group Consulting Services Contract.doc Agenda Item No. 8. K. I . Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 1-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 3 of 9 The Tinklenberg Group 1*0 1'"IrO4090 of strowes W SOWH*fts City of Albertville Consulting Services Agreement January 2009 The City of Albertville has determined that continued effort is warranted to secure federal support for the construction of traffic management alternatives along 1-94 in the City - This agreement for consulting services maintains those tasks associated with drafting and submitting a federal funding request as part of FY1 0 Transportation Appropriations and/or the Reauthorization Bill- Tasks will also include closely monitoring and identifying opportunities available in the Economic Recovery Plan. This agreement will be in effect through December 31,2009- The work described within this proposal is effective from the time the agreement is signed by both parties through December 31, 2009- The majority of this work shall occur within the first six months of the year based on the federal funding schedule of activities. Invoices shall be provided on a monthly basis-, total cost shall not exceed an average of $3,000 per month or a total of $36,000. Travel and other expenses will be billed separately and in addition to consulting services-, all expenses shall be approved in advance_ RonWecker, Mayor Terri Neely Tinklenberg, Vice -President City of Albertville The Tinklenberg Group Date IJBMM M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 1-94 Project - Tinklenberg Group Consulting Services Contract.doc Agenda Item No. 8.K.I.. Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 1-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 4 of 9 The Tinklenberg Group ne and SOM10"s City of Albertville Consulting Services Funding Proposal January 2009 The Tinklenberg Group has assisted the City of Albertville in its efforts to pursue federal funding to advance transportation improvements along Interstate 94, This calendar year presents significant federal funding opportunities as Congress acts on the FY10 Appropriations Bill, Reauthorization Bill and an Economic Recovery Plan- The Tinklenberg Group shall assist the City of Albertville to acquire funds through one or more of these programs, and allow for the completion of final design and construction of improvements at CRI9137- These activities will include drafting and submitting a FY10 Appropriations and/or Reauthorization application and monitoring of additional opportunities as Congress works toward implementing an Economic Recovery Plan_ Thiswork will include the development and submittal of funding requests, monitoring application processes, and communicating project needs to Minnesota's local, state and federal elected officials. The tasks The Tinklenberg Group shall perform in detail are provided below • Obtain FY10 Appropriations and Reauthorization application request forms from Congressional offices and complete- • Updating necessary elements of existing project materials to reflect current status including FHWA and Mn/DOT approvals- • Assist in obtaining Resolutions of Support from various sources including the 1-94 West Area Chamber of Commerce, local businesses and other supporters to include in funding packets- • Monitor submittal process to ensure congressional leaders and staff representatives in both the House and Senate receive and process funding requests,- maintain contact with appropriate federal offices responsible for tracking and management of requests- • Work with other congressional offices to exchange information and encourage support; respond to questions and requests for additional information. • Arrange city visits with congressional leaders and city policy leaders/staff as directed locally as well as Washington D.C. • Maintain a monthly presence in Washington D.C. on behalf of the City to ensure a high level of project awareness and exposure. • Coordinate as directed and as appropriate with the t-94 West Chamber of Commerce in terms of support and collaboration to avoid competing interests and potential confusion among congressional leaders and staff - Timing and Cost Work shall begin immediately upon signing of the consulting services agreement and be in effect through December 31, 2009. The majority of activities identified will occur within the first six months of the agreement, and are based on the federal funding schedule- Total cost shall not exceed an average of $3,000 per month or a total of $36,000- Travel and other expenses will be billed separately and in addition to consulting services-, all expenses shall be approved in advance- M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 1-94 Project - Tinklenberg Group Consulting Services Contract.doc Agenda Item No. 8.K.I.. Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 I-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 5 of 9 Minnesota Department of Transportation Mn/DOT's Approach to the Economic Recovery Program -Highway Infrastructure Jan. 20, 2009 The U.S. Congress is developing an Economic Recovery Program that could provide several hundred million dollars to Minnesota. Although the details of this funding remain fluid, Mn/DOT has made some assumptions based on FHWA guidance about information for highway infrastructure to begin project preparations. The department continues to track the prospective transit, aviation and rail components of the program, but preparation in these areas is being addressed separately because it is not clear if funding will be distributed through Mn/DOT. In all likelihood, the majority of Economic Recovery Program funds would need to be committed to highway projects in 90 to 120 days. Current information suggests that highway infrastructure projects will need to be Title 23 Eligible and will have to meet all federal requirements. Minnesota is preparing to fully use these funds and is committed to using these funds to make lasting improvements in the state's highway infrastructure. As a result, the department has moved forward on the basis of identifying the "right fix" for projects rather than the "quick fix." In order to fully use these funds, Mn/DOT has begun identifying projects that can be ready for project letting under even the shortest timeframes being discussed by Congress. However, delivering a program of this magnitude will also require Mn/DOT to use innovative contracting, project development, program management and communication practices. Federal Funds Distribution: State/Local Split Approximately 30 percent of Economic Recovery Funds are expected to be made available to local units of government as their typical share of federal funds. Mn/DOT's State Aid Division will develop and manage the local program of Economic Recovery Funds. Project costs are expected to be covered 100% by the federal funds, with no match required. Federal Funds Distribution: State/Local Split Approximately 30 percent of Economic Recovery Funds are expected to be distributed to local units of government as their typical share of federal funds. Mn/DOT's State Aid Division will develop and manage the local program of Economic Recovery Funds. Program Development Criteria: The goal of the Economic Recovery Program is to create jobs and improve the nation's infrastructure. Mn/DOT is preparing to achieve this goal by selecting projects for delivery based on the following criteria: • Project readiness: Mn/DOT's top priority is to use available funds, thus project readiness will be the top priority for project selection. Project readiness will be assessed based on status of environmental review, percent of right of way purchased, etc. M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 I-94 Project - Tinklenberg Group Consulting Services Contract.doc Agenda Item NANA. Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 I-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 6 of 9 • Consistency with performance based plans: To meet its commitment to use funds to make a lasting transportation improvement, Mn/DOT will give priority to projects advanced within the State Transportation Improvement Program or from the Long Range District Plans. • Statewide coverage: Because the intent of the program is to create jobs statewide, Mn/DOT will work to ensure that the projects selected provide statewide coverage, job and transportation impact. • Work type balance: Selecting a variety of project types, such as concrete and bituminous or preservation and safety will best use the entire capacity of Minnesota's highway construction industry to ensure the best possible project prices, efficient program delivery and job creation. • Project advancement: Projects already funded in FY2009 will not be included in the Economic Recovery Program. The planned construction schedule for a project must be advanced to be included in the Economic Recovery Program. In addition, work must start on projects immediately after letting and contract award. This will ensure that the projects represent new or increased work and, therefore, result in job creation. Program Delivery Challenges and Approaches: Once a program is developed, project delivery in the allowable timeframe will be a challenge. Mn/DOT has already begun some project delivery activities to prepare projects for letting. Some of ,the challenges and Mn/DOT's current approaches to them are identified below. Environmental Considerations To ensure timely project delivery, Mn/DOT will attempt to identify projects with completed environmental documents or that require only project memorandums or categorical exclusions. Nevertheless, many projects will require permits and some limited review. o We have begun discussions with permitting agencies and identified possible challenges. o Mn/DOT will establish a sense of urgency and expectation that projects will be expedited at the very top of the organization and with our partner agencies. Right of Way To ensure timely project delivery, Mn/DOT will attempt to identify projects with little or no remaining ROW needs. Letting Schedule In order to get the most competitive prices, the lettings for Economic Recovery projects will be spread out over the time available. In addition, Mn/DOT will coordinate with cities, counties and other entities to develop a diverse program for Minnesota. Consultants Use of consultants will be necessary to successfully deliver this program. It is Mn/DOT's goal to have executed initial consultant contracts by the last week in January. Mn/DOT will work with the Department of Administration to establish protocols and expedited contract execution procedures. M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 I-94 Project - Tinklenberg Group Consulting Services Contract.docc j Agenda Item No. 8. K. l . Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 I-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 7 of 9 o The limit for direct select of consultants has been raised to $400k for state funded projects through Dec. 31, 2009. o Electronic signature or on -site services from DOA are being examined. Project Design Mn/DOT will establish Standard Plan sets and Standard Provisions documents to streamline design and plan approval. Construction Contracting Mn/DOT will use all available construction techniques, including Design Build, Design Build Low Bid, Construction Sequencing, etc. In addition, Mn/DOT will package projects into a single letting where this would improve bids or streamline delivery. Disadvantaged Business Enterprises and Equal Employment Opportunities Mn/DOT will follow DBE and EEO direction provided by the legislation and federal rules, and the department will strive to fully meet established goals. Cost Estimating and Management Cost estimating and management present unique challenges with an accelerated program since issues like material availability can significantly impact costs. Mn/DOT will use recently developed scoping and cost estimating tools to address these challenges. Utility Management Extensive utility relocation could introduce significant time delays to a project. Mn/DOT is exploring the use of master utility agreements and options for revoking utility owner responsibility for costs if agreements to accelerate relocation can be reached. Risk Management The speed and complexity of this program introduces a number of risks. The department is identifying risks and mitigation strategies for them. Some of the strategies being discussed include lump sum contracting, flexible start/completion dates, project packaging, sequenced design, early material acquisition and escalation clauses. Coordination and Communication: Close coordination and communication with key partners is essential for the successful development and delivery of the Economic Recovery Program. Following are several key audiences that are and will continue to be the focus of communication efforts. Federal Highway Administration — FHWA involvement is essential to success. To date, all indications are that FHWA will follow standard procedures for approving and authorizing projects. FHWA will be involved throughout process to ensure clear lines of communication and expedited decisions regarding authorization, oversight of program and projects. Mn/DOT has begun meeting with FHWA to discuss streamlining and development of expedited procedures. M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 I-94 Project - Tinklenberg Group Consulting Services Contract.doc Agenda Item No. 8. K. l.. Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 I-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 8 of 9 Metropolitan Planning Organizations — Projects proposed for MPOs will require approval to be amended into the STIP. Mn/DOT has already begun working with the Metropolitan Council to development project selection principles and expedited approval processes. Legislature and Congress — Both state and national legislative leaders will want to closely follow Economic Recovery Program activities. Mn/DOT has already begun discussions with state legislative leaders about budget authority and other legislative needs. Cities and Counties — The State Aid Division is leading coordination with local units of government. Permitting Agencies — As described under environmental considerations, the timely cooperation for permits and approvals is critical. Work to coordinate has already begun. Private Industry — Communication with consultants and contractors, including the DBE communities, will allow them to efficiently and effectively contribute to delivering this program. Meetings with these groups are underway. Unions — Demonstrating the role and importance of state employees in the delivery of this program will be important to address union interests. Mn/DOT has meetings planned with these groups. A communications plan is being developed for the overall program. It will aim to demonstrate Minnesota's ability to engage stakeholders, build consensus, maintain transparency and deliver the program. The plan will use a variety of tactics and tools to communicate timely, relevant information. Tools already being developed include this document, an Economic Recovery Program website and ongoing meetings with key audiences. Key meetings that have occurred or are planned to -date are as follows: o ACEC Meeting — Jan. 8, 2009 o AGC Executive Meeting - Jan. 15, 2009 o AFSCME Meeting — Jan. 16, 2009 o Economic Recovery Program Forum — Mid February, 2009 (tentative) Anticipated Next Steps for Program Delivery: • Continue contacts with legislators and partners • Develop preliminary pool of projects (for program development) • Begin project delivery on high potential projects within the STIP • Congressional bill draft(s) available • Finalize criteria for program development • Develop preliminary program • Prepare draft budget authority and language for program delivery provisions for review by Governor's Office and Legislature • Congressional bill enacted • Finalized program of selected and approved projects • Submit budget authority and provisions to Governor's Office and Legislature • Submit STIP amendments to MPOs/FHWA M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 I-94 Project - Tinklenberg Group Consulting Services Contractt.Q.doc Agenda Item No. O.K. I.. Meeting Date February 02, 2009 Mayor and Council Communication — January 27, 2009 I-94 Collector Distributor Road Consulting Services Contract with Tinklenberg Group Page 9 of 9 • Let initial projects within 31 days after enactment The details of this program will continue to evolve rapidly and the magnitude of its impact will be great. Mn/DOT will continue to maintain contact with the wide variety of people and organizations who will participate in successfully delivering transportation projects for Minnesota. For more information, contact Mn/DOT Program Manager Jon Chiglo at jon.chiglo@dot.state.mn.us. M:\Public Data\Requests for Council Actions (RCA)\2009\02 02 2009 I-94 Project - Tinklenberg Group Consulting Services Contract.doc Agenda Item No. 8.K. I . Meeting Date February 02, 2009 A�Ibcrtvillc BmaN Town UVk&q. Mg atv Ufa. MEMORANDUM Date: January 28, 2009 To: City Council From: Larry R. Kruse, City Administrator Re: General Update FINANCE DEPARTMENT STAFFING Staff has been working hard on closing out 2008 financials. W-2's have been mailed to employees, Council and Commissions. We plan on presenting the 2008 Audit in late April or early May. With the loss of the part-time office position, Building Permit Technician Tori Leonhardt has been temporarily reassigned to work approximately 15 hours per week in the finance department. Currently the Finance work load is heavy. This spring as Building Department gets busier with spring work, Tori may not be available as much and the Finance Department may need some additional part time assistance in March and April to finish the audit. With the budget situation, staff is doing our best to get the work done without added staff. I will update the Council as we go. St. MICHAEL FIRE CONTRACT St. Michael has chosen to contract for fire services with the City of Albertville through June 30, 2009. At that time the City will lose approximately $12,000 in 2009 revenue. DOMINIUM DEVELOPMENT HOUSING PROJECT Building Official Sutherland issued four temporary occupancy permits as Dominium has four families moving into the project in mid -February. The project is moving along at a rapid pace. CSAH 37 WEST UTILITY PROJECT Staff continues to work with Mr. Niemeyer to finalize the terms of the Development Agreement. The contract letting is on hold until the paperwork is in order and approved by the City Council. Besides the Development Agreement, we need to adopt an ordinance setting up the sewer district. M:Tublic Data\City Administrator\2009\01-29-2009 City Admin Report.doc Agenda Item No. 8.K.2. Meeting Date February 2, 2009 69 Mayor and Council Communication — January 15, 2009 Administrator Written Report Page 2 of 2 I-94 PROJECT On Monday, January 261h, S.E.H. Engineer Mark Dierling and I met with MnDOT District 3 Engineer Terry Humbert and teleconferenced with Twin Cities Central Office. I believe they will finally sign -off on our I-94 Layout. I have sent out a Request for Proposals to S.E.H., BMI, WSB and SRF to complete the final design. Proposals are due February 19d'. I met with Elywn Tinklenberg and his staff on Thursday, January 22nd. Enclosed in your packet is a Request for Council Action to enter into a contract to lobby for federal funding for the I-94 project. I-94 SIX LANE PROJECT Discussion continues about I-94 Chamber representatives and City officials going to Washington to lobby for widening I-94 in March. This would involve all the members' cities in the I-94 Coalition. At my January 26th MnDOT meeting about our layout, District 3 Engineer Terry Humbert stated the direction their office has received is to minimize the cost of a six lane improvement, thus they are not planning on including any bridge replacement in that funding request. So this means the State will not be pursuing replacement of the CSAH 19 Bridge at this time. 59.75 MAIN AVENUE (Old City Hall) Infit Fitness may be interested in leasing the garage portion (old fire station). Both InFIT Fitness and LIV music are in discussions about joint use of the garage area. I have asked them to get an architects opinion on what improvements would be needed to use the space for group exercise and or band practice/play area. If they want to pursue it, staff will work with them to submit a proposal to Council. LARRY'S VACATION I will be on vacation January 28 through February 41h, and back to work on Monday, February 9th M:\Public Data\City Administrator\2009\01-29-2009 City Admin Report. doc Agenda Item No. 8. K.2. Meeting Date February 2, 2009 70