2009-02-17 CC PacketjA\jbcrtvjjj r C
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City of Albertville Council Agenda
FEBRUARY 17, 2009
004
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
4. MINUTES
A. Approve February 2, 2009 regular City Council minutes (pgs. 1-12)
5. CITIZENS OPEN FORUM — (time reserved 5 minutes)
6. AMENDMENTS TO AGENDA
7. 0 CONSENT AGENDA
All items with an asterisk () 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.D.1. Bldg. Dept. — Building Official's Report (pgs. 13-15)
l* 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 17-26)
8.F.1. City Clerk — 3.2% Malt Liquor License (pgs. 27-28)
8. DEPARTMENT BUSINESS
A. Fire Department
B. Public Works Department
City of Albertville Council Agenda
February 17, 2009 Page 2 of 4
C. Utilities Department (WWTP)
D. Building Department
1). 0 Accept the Building Official's Report dated February 2, 2009 (pgs. 13-15)
E. Finance Department
1). 0 Authorize the Tuesday, February 17, 2009 Payment of Claims (bills) for
check numbers 026679 to 026737 as presented except the bills specifically
pulled, which are passed by separate motion (pgs. 17-26)
F. City Clerk
1). 0 Approve a One -Day 3.2% Malt Liquor License applications submitted by
Mark Gardener, President of the St. Michael Lions for a Community Dinner
Fund Raiser to be held at St. Albert Parish Center on Tuesday, March 3 from
5:00 p.m. to 9:00 p.m. (pgs. 27-28)
2). Monday, March 30, 2009 has been set for a joint workshop with the Cities of
Albertville and St. Michael and the STMA School Board (location to be
determined) — let staff know of any agenda topics to be discussed (previous
topics discussed: Reaction to STMA High School Tour, Hockey Debt, Road
Updates, Hockey Arena Feasibility Study, STMA School District Wards,
Bicycles on Walking Paths, and Closing with Albertville on Land for Pond)
G. City Council
1). Oral Update on the STMA Ice Arena Board meeting (Tom Fay and/or Dan
Wagner)
2). Oral Update on the Planning and Zoning Commission meeting (Dan Wagner)
H. Planning and Zoning
I. Engineering
1). Accept the Assistant City Engineer's Progress Report dated February 3, 2009
(pgs. 29-31)
J. Legal
1). Approve City of Albertville Ordinance No. 2009-004 entitled an Ordinance
Amending Section 5-3-3 of the 2005 Albertville Municipal City Code Regarding
Removal of Weeds by City, 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 (pgs. 33-36)
2). Approve AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT,
TOWNE LAKES 6TH ADDITION (pgs. 37-42)
3). Accept City Attorney's Report dated February 2, 2009 (pgs. 43-45)
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Meeting Date: February 17, 2009
City of Albertville Council Agenda
February 17, 2009
Page 3 of 4
K. Administration
1). Forgive CJ's Laundry (M & J Properties, LLC property owner) utility bill by
$2,748.58 for Albertville's portion of the water bill and $11,993.93 for
Albertville's sewer bill for a total of $14,742.51 resulting from a meter reading
error in the City's billing system dating back to discussion held in 2007 )pgs. 47-
48)
2). Direct staff to discontinue bulk printing and mailing of the newsletter and to
instead go to publishing a monthly newsletter on the City's web -site and
electronic dispersion (email) to those who request to be on an email list (pg. 49)
3). Accept the City Administrator's Written Report dated February 12, 2009 (pgs.
51-52)
9. ANNOUNCEMENTS and or UPCOMING MEETINGS
February 2009
1.6 all day Presidents' Day observed — City Offices closed
17 7:00 p.m. City Council meeting (TUESDAY)
23 6:00 p.m. Joint Powers Water Board meeting
23 7:00 p.m. Committee of the Whole Workshop (tentative)
March 2009
2
7:00 p.m.
City Council meeting
$
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
5:30 p.m.
2009 Local Board of Appeals and Adjustments
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)
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Meeting Date: February 17, 2009
City of Albertville Council Agenda
February 17, 2009 Page 4 of 4
May 2009
4
7:00 p.m.
City Council meeting
11
6:00 p.m.
STMA Ice Arena Board meeting
1.2
7:00 p.m.
Planning and Zoning Commission meeting
16
7:00 a.m.
Annual jt. Spring Cleanup Day
18
7:00 p.m.
City Council meeting
25
all day
Memorial Day observed — City Offices closed
26
6:00 p.m.
Joint Powers Water Board meeting (TUESDAY)
26
7:00 p.m.
Committee of the Whole Workshop (tentative)
10. TEMPORARILY ADJOURN THE REGULAR CITY COUNCIL MEETING TO
GO INTO A CLOSED MEETING
11. RECONVENE THE REGULAR CITY COUNCIL MEETING AND TAKE ANY
ACTION ON CLOSED MEETING IF NECESSARY
12. ADJOURNMENT
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 1-A Agenda.doc
Meeting Date: February 17, 2009
A,l
b£r'tV1l£ Mayor and Council Communication
sir Town u.tno. eb eta, ua.
February 9, 2009
SUBJECT: CITY COUNCIL MINUTES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion to approve the Monday, February 2, 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.
KEY ISSUES:
0 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 R. se
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: February 2, 2009 regular Council minutes
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Agenda Item No. 4.
Meeting Date February 17, 2009
A�Ibcrtvillc
Sarah Toum Uvkw ft aty firs.
ALBERTVILLE CITY COUNCIL
FEBRUARY 2, 2009
MINUTES
ALBERTVILLE CITY HALL
PLEDGE OF ALLEGIANCE — CALL TO ORDER
Mayor Klecker called the Albertville City Council
Boy Scouts present to come to the front of the Coy
Allegiance.
ROLL CALL
PRESENT: Mayor Ron Klecker, Council
John Vetsch, City Planner Al Brixius, Fins
Miller
ABSENT: City P
Engineer Adam N
Others Present: Ttr�It
Supervisor=T'im Gulrnca
PROCLAMA'
WEEK
Kruse,
n
to order at 7:00 p
nbers and lead in
7:00 PM
asked the
&" of
ay, Dan Wagner, Larry Sorensen, and
A Lannes, and City Clerk Bridget
Mike Couri, and Assistant City
John Middendorf and Public Works
CTIONS
FEBRUARY 2, 2009 TO FEBRUARY 8, 2009 AS BOY SCOUT
Mayor Klecker acknowledged the Boy Scouts that were present along with the Den Leaders and
parents. Klecker then informed the members that the City has prepared a Proclamation, which
Klecker proceeded to read. Part of the Proclamation noted that in 2010 Boy Scouts will be
celebrating 100 years of incorporation.
After reading the Proclamation, Klecker told the Scout Leaders that the City had prepared a few
copies for the Scouts to have. A Den Leader asked the Council would pose for a picture with the
Boy Scouts.
M:Tublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-02-09 B-drafts.doc
Agenda Item NA.A.
Meeting Date February 17, 2009
2
City of Albertville
City Council Minutes
February 2, 2009
Page 2 of 11
Klecker thanked the boys and leaders for attending the meeting and informed them they are more
than welcome to stay or they could leave.
CITIZEN FORUM
Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the
Council that was not already on the agenda. There was no one in the audience that wanted to
discuss an item that was not on the agenda.
AMENDMENTS TO THE AGENDA
MINUTES
January 20, 2009 (Tuesday) reguW, City C
Mayor Klecker inquired i#'the Council wanted any changes to the January 20, 2009 (Tuesday)
regular City Council minutest Klecker' concern with the notations regarding the Workshop
discusslon<;on the Ac e sory Bu li
R.g and warmed it noted that Council liked Option 2 more than
Option 3 10 other comments reg "ng the January 20, 2009 (Tuesday) regular City Council
minutes were made, which decker akesi"to a motion to approve the minutes as amended.
MOTION B` Council mem e, Fay, seconded by Council member Sorensen to approve the
Tuesday, Januai 20, 2009 regular City Council minutes as amended, which will be printed and
signed; then the rind copy\vill be scanned and the electronic scanned version will be kept on
file in the office lerk that will serve as the official copy. Motion carried
unanimously._
ADMINISTRATION
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
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-02-09 B-drafts.doc
Agenda Item No. 4.A.
Meeting Date February 17, 2009
3
City of Albertville
City Council Minutes
February 2, 2009
Page 3 of 11
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
Mayor Klecker acknowledged that Jodi Ruehle with The Tinklenberg Group was present to
discuss the proposal.
Ms. Ruehle informed the Council that she was here to answer any questions or concerns with the
contract for Consulting Services with the Tinklenberg Group.
Mayor Klecker wanted to know if there is any chance
any of the Federal Funds that are out there.
After hearing the few concerns, Klecker asked the
into a Consulting Services Agreement.with th6 ii
with the total cost not to oxcedd Amaverage month
expenses which shall * approved In advance with
per the terms of the,", erg Group's January'
or be able to obtain
COdfidi to make a motion approving entering
roilp through December 31, 2009,
klenberg +G
y cost of3000 or $36,000 annually plus
the contract beginning February 2, 2009 as
MOTION by C�uncll memfie' Wagner,'se.onded'`by Council member Fay to approve entering
into a Conultlneres Agretn nt with theTinklenberg Group through December 31, 2009,
with the total cost not th,eed an�rage monthly cost of $3,000 or $36,000 annually plus
expenso, which shall be ap r ved in ad once, with the contract beginning February 2, 2009 as
per the terrhs of the Tinklenb rg Group's January 2009 letter on file in the office of the City
Clerk, funds Going from the 09 budgeted transportation account. Mayor Klecker, Council
members Fay,`0,agner, and Sorensen voted aye. Council member Vetsch voted nay. Motion
carried.
CONSENT AGENDA
All items with an asterisk () 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 requests. In such event, the item will be removed from the General Order
of Business and considered in its normal sequence on the agenda.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-02-09 B-drafts.doe
Agenda Item NA.A.
A.
Meeting Date February 17, 2009
51
City of Albertville
City Council Minutes
February 2, 2009
Page 4 of 11
Mayor Klecker asked if the Council members or staff wished to pull any of the items from the
February 2, 2009 Consent Agenda. Council wanted to pull items 8.E.1. 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; 8.F.1.
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.; and 8.H.3. Accept the,Alb'erville Planning and
Zoning Commission's recommendation to appoint Robert Olson tQx1i1 the vacancy on the
Planning and Zoning Commission for a three-year term.
Hearing the items that were pulled from the Consent
make a motion approving the Consent Agenda pullir
discussed in the General Order of Business and a sex
MOTION BY Council member Fay, seconded by Council
February 2, 2009 Consent Agenda pulling 8.E. L, 81.1., ar
removed from the General Order of Business and consider,
agenda and will require a separate motion Mb Cion carried
DEPARTMENT BU
Fecker look" ,to the Council to
(3) items, whit% will be
,n made.
)er Vetsch to approve the
.3., which the items will be
normal sequence on the
Authorazeff to purchase 20 horse Flygt Main Lift Station Pump Electric Pump at a cost
not to exceed 1 , 00 plus to and freight, with funds coming out of the Sewer Enterprise Fund
MOTION BY Counibi Andber Fay, seconded by Council member Vetsch to authorize staff to
purchase a 20 horse Flj 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 that was on the
Consent Agenda, which was not pulled requiring it to 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.
BUILDING DEPARTMENT — no comments
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Agenda Item NA.A.
Meeting Date February 17, 2009
5
City of Albertville
City Council Minutes
February 2, 2009
Page 5of11
FINANCE DEPARTMENT
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
Council wanted additional information on check no. 026645 that was payable to Inspectron Inc.
in the amount of $825.00. Finance Director Lannes reported the City contract's with Inspectron
Inc. to cover when the Building Official is out of the office, in whichgfh6 Building Official was
out of the office in November and December.
Council questioned check no. 026657 made payable to Neil 's Floor C8 ' ng Inc. in the amount
of $328.16. Finance Director Lannes noted that this was;ncluded in the RCA:, Public Works
Supervisor Guimont explained that apparently the buildfng settled causing some of the tiles to
fall off the wall and break. The warranty period exprrd; therefore, staff contacted a vendor to
repair the tiles.
Following the explanation of the two checks, Mayor Klecker asked for a motion to approve the
Monday, February 2, 2009 payment of claims.
MOTION BY Council member Fay, seconded by
Monday, February 2, 2009 payment of the claims
as presented except the bills specifically pulled_w
presented except the bil s,45p.ecitcm, ly pulled, whit
bills specifically pulled which if
pulled from the
discussion from the. Corls6nt Agenda: The checks
scanned with supporting
office of the Finance Dii
Accept
member~ ;Wagner to authorize the
.des check numbers 026632 to 026676
�4ssed`by separate motion as
are passed by separate motion; except the
nsent Agenda will require a separate
ll,be signed by the authorized personnel and
y scanned version will be kept on file in the
is official record. Motion carried
Finance Directo'Lxannes reporld that per Council direction, staff evaluated the SprintlNextel
Phone Plan and hare` limmad two phones. During the budget process, staff reviewed other
areas that could be cu#which the garbage services for City Hall and the Fire Hall have been
canceled. PW staff is iierally in the area and have been picking up the garbage and disposing
of it in the area parks. ""Last area Lannes updated the Council on was the Audit. Lannes informed
the Council that KDV was scheduled for 16 hours reviewing city records for the preliminary
audit. But because the information had been scanned; therefore, the auditors were only here six
(6) hours with a cost savings of 10 hours.
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Agenda Item NA.A.
Meeting Date February 17, 2009
City of Albertville
City Council Minutes
February 2, 2009
Page 6 of 11
CITY CLERK
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. in. to 6: 00 p. in.
Mayor Klecker stated that he pulled the 3 One -Day 3.2% Malt Liquor Licenses because he had a
concern as to whether there will be outdoor music during the event wthe park will be open until
12:00 midnight. Klecker recalled outdoor music being played dune the volleyball tournaments.
Staff was unaware of any request to have outdoor music. Staffeported'at in 2008, there was
no outdoor music during the broomball tournament and assumed there would be no music this
year either.
Klecker asked for a second to his motion, after hearing there would be no
MOTION BY Mayor Klecker, seconded by Council member Sorensen to approve 3 One -Day
3.2% Malt Liquor License application(s)submitted by Geez" ports Bar &Grill for a Broomball
Tournament to be held at Central -City Parr on Friday, February 6rom 6:00 P.M. to 11:00 p.m.;
Saturday, February 7 from 8:00 a.m. to 12 00 mid night; and Sunday; lebruary 8, 2009 from
9:00 a.m. to 6:00 p.m. that was on the Consent Agenda, whh was, got pulled requiring it to be
removed from the General Order of Business arld considee "Its normal sequence on the
agenda and will require
AN Set Monday, April 6, 200
held at the Albertville City 1
to the WrighC6iin�`Asess,
MOTIL,BY Council met
6, 2009 as t _,,2009 Local Br
City Hall that -will begin at 5
Assessor's Offhat was o
removed from thereral
agenda and will requ ase
CITY COUNCIL
Motion carried
Local Board ofAppeal and Equalization meeting to be
gNwt 5: 30 p.m. and to send the confirmation notice
Fay,+onded by Council member Vetsch to set Monday, April
of Appeal and Equalization meeting to be held at the Albertville
p.m. and to send the confirmation notice to the Wright County
e Consent Agenda, which was not pulled requiring it to be
r of Business and considered in its normal sequence on the
to motion. Motion carried unanimously.
Oral Update on the Joint Powers Water Board meeting (John Vetsch and or Ron Klecker)
Mayor Klecker reported that the Board basically talked about the pipes freezing. There were
some false readings, in which JP got things taken care of. There was nothing more to report on.
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Agenda Item NA.A.
Meeting Date February 17, 2009
7
City of Albertville
City Council Minutes
February 2, 2009
Page 7 of 11
MnDOT Regional 3 meeting (Ron Klecker and or Tom Fay)
Mayor Klecker informed the members that Council member Tom Fay, Assistant City Engineer
Adam Nafstad and himself attended a Region 3 meeting in St. Cloud today. The same message
was portrayed at the meeting that MnDOT is feeling the crunch of funding. Klecker continued
by reporting there a number of projects out there. A couple projects that Klecker recalled were a
6-lane project along I-94 and Buffalo's project for Hwy 25 and turning (into a 4-lane. In
summary, the majority of the funds may be used on basic everyday riritenance on the streets
and roads throughout Minnesota.
PLANNING AND ZONING
Approve Ordinance Number 2009-001 entitled nOrdinance Amending Chapt r 1000
General Building and Performance Requirements; Section 1000. ,;,Required Fencing,' Screening,
and Landscaping ofAppendix A Zoning Ordinance of the'200,i lie tville Municipal City Code
Relating to Landscape Maintenance, as presented
MOTION BY Council member Fay, seconded by, Council membr Vetsch to approve
Ordinance Number 2009-001 entitled an drdinaneeAmending Chapter 1000 General Building
and Performance Requirements; Section 1000.7 Required Fncing, Screening, and Landscaping
of Appendix A Zoning Ordinance of the 2005 Albet,tville' Ma 6'i pal City Code Relating to
Landscape Maintenance, aspresented on the Consent Agenda; which the items will be removed
from the General Order�of Busmessmnd considered in its normal sequence on the agenda and
will require a separate
carried unait imously.
Ar
Approverafr��rt No. 2009 02 entitled an Ordinance amending Chapter 1000 General
Building t id Perforrncinc � eequif'i n* nts; Section 1000.11 Smoke; Section 1000.12 Dust and
Other 14',r culated Matte y ction Q 1:13 Odors; Section 1000.19 Radiation Emission; and
.
Sect on 1 00 20 Electrical i ssion aOmendix A Zoning Ordinance of the 2005 Albertville
Municipal ode to RepeaX the Nuisance Regulations from the Albertville Zoning Ordinance,
as presented,*AO, approve frdnanee No. 2009-003 entitled an Ordinance amending Title 5
Health and Samiatipp Chapter 1 Nuisances, Section 3 Public Nuisances Affecting Health; and
Section 5 Public Nuecting Peace and Safety of the 2005 Albertville Municipal City
Code to add Nuisance guI tions to Health and Sanitation, as presented
MOTION BY Council member Fay, seconded by Council member Vetsch to 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
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Agenda Item NA.A.
Meeting Date February 17, 2009
City of Albertville
City Council Minutes
February 2, 2009
Page 8 of 11
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 on the Consent
Agenda, which shall be completed by October 31, 2009, and conditioned upon the Developer
signing the amendment, 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.
Accept the Albertville Planning and Zoning Commission's n
Olson to fill the vacancy on the Planning and Zoning Comm
Mayor Klecker asked the City Planner if the
was present, which Brixius replied that the a
questions or concerns of the Council.
Robert Olson introduced himself to the Council i
approximately three years ago. Olson stated he applied a
Commission and is still interested in servhg on;the Coma
for an Engineering -firm in Plymouth.
Council asked is Mr. Olson would have a
Albertville Planning and Zorn �g commis
Mr. Olson responde
controversial topics
Mayor
's
MOTION RY oun
Albertville Plan'g
the vacancy on the p
Consent Agenda, wh
considered in its no
carried unanimously.
the
in tl
ien�tion to appoint Robert
for a three year term
nina and Zoning Commission
ence a,
any
he moved to Albertville
Tears ago to the Planning
;'C}1son.reported that he works
St. Michael and being on the
excuse himself from comments when such
mission anc abstain from voting.
Olson for wantmg fo serve on the Planning and Zoning
ntertai*, a motion to accept the Planning and Zoning
°fin to appntrit Robert Olson to the Commission.
cil member Fay, seconded by Council member Sorensen accepting the
and Zonjo Commission's recommendation to appoint Robert Olson to fillm lanng-And Zoning Commission for a three-year term as presented on the
ice items will be removed from the General Order of Business and
rmalsequence on the agenda and will require a separate motion. Motion
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Agenda Item NA.A.
Meeting Date February 17, 2009
City of Albertville
City Council Minutes
February 2, 2009
Page 9 of 11
Approve Resolution Number 2009-003 entitled a 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
City Planner Brixius reported that 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 req,psting approval for an
80 square foot banner on the exterior wall of the apartment
Road 37.
Brixius noted the key findings regarding the application: two 1,
the Albertville Meadows Apartment building without receiving
the packet); variance application only addresses one of these b,
square feet) more than doubles what is allowed by *h 4oning
hardships unique to this property; the current Sign Ordinance a
for the property owners to display "for sale" or or rent" signs
purpose of the request is based exclusively upon a desire to `iris]
not want to be setting a precedent by allowing these banner sign
both non -conforming banner signs should beeinoved from the
as they are in violation of the Zoning Ordinance:
As of today, both signs have been removed
Council member Wagner wanted".to know if any
regarding signage for 11 t ie xistmg Albertville Mi
and Zoning Commission meting, the applicant
signage.
at 10732 County
ner signs, -have been placed on
ity apprbV'al.(see Exhibit D of
ner signs requested size (80
finance (32 squgxe feet); no
>ws for multiple opportunities
r\projection identification signs;
lse income potential; City does
to continue to be in place; and
�zu tment building immediately
from the complex has contacted the City
:ments. It appeared at the Planning
they could possibly have additional
City Planer Brixius reported that hi has not been contacted, but he doesn't know if the complex
has contaed other City staff l '
MOTION B ,Council meml, Wagner, seconded by Mayor Klecker to approve Resolution
Number 2009 0 ;entitled a Resolution Denying a Variance to Place a Banner Sign that
Exceeds the Maxiftu.m. Allowed Banner Size of 32 Square -feet onto the Albertville Meadows
Apartment Building lot d'at 10732 County Road 37 within the Albertville city limit, as
presented. Motion card unanimously.
ENGINEERING — no comments
LEGAL — no comments
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-02-09 B-drafts.doc
Agenda Item NA.A.
Meeting Date February 17, 2009
10
City of Albertville
City Council Minutes
February 2, 2009
Page 10 of 11
ADMINISTRATION - continued
Accept the City Administrator's Written Report
Finance Director Lannes gave a brief overview of the City Administrator's report. Lannes
reported that staff plans on presenting the 2008 Audit in late April or early May. Due to the loss
of a part-time employee and the Finance Dept.'s workload is heavy getttg ready for the annual
audit; the Bldg. Tech has been temporarily reassigned to work appro inate'ly 15 hours per week
to assist in the Finance Dept. As the Building Department gets bus$e� with spring work, Ms.
Leonhardt will resume her normal duties in the Bldg. Dept. With the budget situation, staff is
doing our best to get the work done without added staff.
Lannes went on to inform the Council regarding the S,1 Michael Fire Protection Contract. St.
Michael has chosen to contract for fire services with!,tf e City ofyAlbertville through ,Tune 30,
2009. At that time the City will lose approximately $10.00 in 2009 revenue.
Last area Lannes touched on was the City facility across the:street. 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. Staff has asked InFIT Fitness to get an
architects opinion on what improvements would be needed to use ilie space for group exercise
and or band practice/play area. If they want to pursue,t,staff will work with them to submit a
proposal to Council.
Council had concerns with where Aiendly City Days Committee will store the Royalty float. It
is a good setup now toim red to inAhe past it was o ,to the Royalty Committee to figure out
where to store it. Besides, the floas good way topromote and support Albertville.
Staff >nforrne+d the a ac l that ere are a few' pieces of equipment they store in the garage
portion Where is the"Ahg Officaa'tCity vehicle plus smaller pieces of equipment that
appeared to be more practlC l to stof town versus at the PW Facility.
Council mefOO Vetsch ingi4p', d about the Guardian Angels. Vetsch understood that Guardian
Angels may not btcommg until next year due to budget concerns. Vetsch encouraged Mayor
Klecker to personally, contaothe Guardian Angels to make sure that they know Albertville is
still interested in hav1nglh�in come here. Vetsch wanted to have the Mayor ask if there is
anything else the City do to assist with the project?
Yt g Y , p J
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-02-09 B-drafts.doc
Agenda Item No. 4.A.
Meeting Date February 17, 2009
11
City of Albertville
City Council Minutes
February 2, 2009
Page 11 of 11
ANNOUNCEMENTS and or UPCOMING MEETINGS
Mayor Klecker asked the Council to review the upcoming meetings and calendar of events.
ANNOUNCEMENTS and or UPCOMING MEETINGS
February 2009
9 6:00 p.m.
1.0 7:00 p.m.
1.6 all day
17 7:00 p.m.
23 6:00 p.m.
23 7:00 p.m.
March 2009
2
7:00 p.m.
g
2:00 a.m.
9
6:00 p.m.
10
7:00 p.m.
16
7:00 p.m.
23
6:00 p.m.
30
7:00 p.m.
ADJOURNMENT
STMA Ice Arena Board meeting
Planning and Zoning Commission,.;
Presidents' Day observed — C it 4J
City Council meeting (Tung
Joint Powers Water Board meeting
Committee of the Whole WorkshOD
City Council meeting
Daylight Savings Begins (S
STMA Ice Arena Board m
Planning and Zoning Com
City Couucil meeting
Joint Powers Water Board
Cities of Albertville
Joint Workshop (tentative)'
ices closed.
(tentative)
n meeting
STMA School Board
MOTION BY Council triember Vetsch, seconded by Council member Sorensen to adjourn the
Monday, February 2, 2009 regular City Council meeting at 7:45 p.m. Motion carried
unanimously.
Bridget Miller, City Clerk (recording secretary)
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-02-09 B-drafts.doc
Agenda Item NA.A.
Meeting Date February 17, 2009
12
>�bEY'tVi � lE Mayor and Council Communication
Small Town UN". ft City Mo.
February 2, 2009
SUBJECT: W BUILDING DEPARTMENT JANUARY 2009 REPORT
RECOMNIENDATION: This space on the agenda is reserved for the City Council to consider
the Building Official's Monthly Report and other building matters.
BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and
Council to review and ask questions about the Monthly Reports.
Building Official Jon Sutherland reported the following Activity:
Construction Activity: We had 77 permits processed in January for a total value of
$400,225. Highlights in our permit activity are as follows; A Commercial Tenant Finish for
Davaty's Pizza at 5262 Kyler Ave, a Tenant Finish at the Outlet Mall for LeCreuset
Kitchenware located in Suite B240, a Commercial Alteration at Granite Tops to convert
warehouse to retail space at 11800 62nd Street, a Commercial Alteration to the kitchen and
bar for the 152 club at 5794 Main Avenue, numerous Storm Damage permits and a couple of
Basement Finish permits.
Storm Damage: Storm damage repair, permit activity, and inspections continue, including
City property.
Planning and Zoning, Rental Housing, Miscellaneous Enforcement: Various
enforcement activities for the month include, but is not limited to, Vacant and Foreclosed
properties, a Notice to Secure Property was issued to the owner of the property located at
5649 Kalland Ave. We have worked on answering various residential and commercial
construction and development questions, dumpster violations, sign violations including the
removal of signs, rental licensing, and inspections. We continue with revising and updating
our various handouts.
Foreclosures: Inspection work continues. The property at 10831 Kantar Court, has been
purchased, cleaned up, code violations corrected, inspected for the rental ordinance and will
be occupied with a renter shortly. Various other either vacant or repossessed homes require
continued site inspections for monitoring.
• Fire Code Inspections with the Fire Department: This inspection work is winding down
and near completion for the first round. Follow up inspection work continues with the Full
Moon Saloon Bar and 152 Club. I have worked and assisted the Fire Chief on various Fire
Code issues.
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 BO Report for January 2009.doc
Agenda Item No. S.L.1.
Meeting Date February 17, 2009 13
Mayor and Council Communication — February 2, 2009
Building Official — Monthly Report
Page 2 of 2
KEY ISSUES: none
POLICY CONSIDERATIONS: The Mayor and Council review monthly department reports.
FINANCIAL CONSIDERATIONS: There are no financial considerations at this time.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Respectfully submitted,
Larry R. se
City Administrator
Department/Responsible Person: Building Department/Jon Sutherland, Building Official
Attachments: Permit Activity Report
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 BO Report for January 2009.doc
Agenda Item No. &D.1.
Meeting Date February 17, 2009 14
January Building Department Activity/Revenue Report
Valuation Permit Fees
Sub Total 2009 $ 20,635.00 $ 4,794.77
Less SAC, WA Storm Water, S & W & Meter $ -
Less Signs $ 393.96
DEC 2008 TOTAL BUILDING DEPT REVENUE 1 $ 4,400.81
2008 Valuation Permit Fees
Sub Totals $ 20,635.00 $ 3,108.53
Less SAC, WA Storm Water, S & W & Meter $ -
Less Signs $ 276.75
DEC 2007 TOTAL BUILDING DEPT REVENUE 1 $ 2,831.78
INSPECTIONS
January 292
Monthly
Average 19
Year To Date 292
15
a '�"°!
�b£r'tvi ll£ Mayor and Council Communication
smell?c U.%g. me a kh, ur..
February 11, 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 Tuesday February 17, 2009 payment of the claims that includes check
numbers 026679 to 026737 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: none
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. se
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Check Register Detail
M:\Public Data\Requests for Council Actions (RCA)\2009\02 17 2009 8-E Finance Bills Report (RCA).doc
Agenda Item No. Q. E. I. .
Meeting Date February 17, 2009
A�Ibcrtvillcif
Check Detail Register
February 17, 2009
Check Amt
Invoice
Comment
10100 Premier Bank
Paid Chk# 026679 2/17/2009 ABDO, EICK & MEYERS
LLP
E 601-49450-301
Auditing and Acct'g Services
$1,387.24
248013
Acctg
Services
E 101-42000-301
Auditing and Acct'g Services
$1,387.23
248013
Acctg
Services
E 602-49400-300
Professional Srvs (GENERAL)
$1,387.23
248013
Acctg
Services
E 101-42000-301
Auditing and Acct'g Services
$1,387.23
248013
Acctg
Services
E 604-49660-301
Auditing and Acct'g Services
$1,387.23
248013
Acctg
Services
E 101-41400-301
Auditing and Acct'g Services
$1,387.24
248013
Acctg
Services
Total ABDO, EICK & MEYERS LLP
$8,323.40
Paid Chk# 026680 2/17/2009 ALBERTVILLE BODY SHOP,
INC.
R 101-00000-34101 Lease Payment- City Property
$100.00
2009
Reader Sign
Total
ALBERTVILLE BODY SHOP, INC.
$100.00
Paid Chk# 026681 2/17/2009 ALBERTVILLE PIT STOP
E 101-43100-212
Motor Fuels
$26.00
0528-38
PW
E 101-43100-212
Motor Fuels
$8.17
0528-39
PW
E 101-43100-212
Motor Fuels
$6.17
0528-40
PW
E 101-43100-212
Motor Fuels
$11.56
0532-36
PW
E 101-43100-212
Motor Fuels
$9.78
08923-3
PW
E 101-43100-212
Motor Fuels
$7.31
40930-10
PW
E 101-43100-212
Motor Fuels
$41.70
40931-31
PW
E 10'1-43100-212
Motor Fuels
$8.94
40931-32
PW
E 101-43100-212
Motor Fuels
$7.38
40931-46
PW
E 101-43100-212
Motor Fuels
$9.18
40931-5
PW
E 101-43100-212
Motor Fuels
$8.70
40932-14
PW
E 101-43100-212
Motor Fuels
$46.53
40932-34
PW
Total ALBERTVILLE PIT STOP
$191.42
Paid Chk# 026682 2/17/2009 ALLINA HOSPITALS & CLINICS
E 101-42000-108 Medical Training $456.00 1110008960 1st Responder training
Total ALLINA HOSPITALS & CLINICS $456.00
Paid Chk# 026683 2/17/2009 BOBCAT OF WEST METRO
E 101-43100-404 Repair/Maint - Machinery/Equip $204.80 29918 PW repair supplies
E 101-43100-404 Repair/Maint - Machinery/Equip $237.77 29920 PW repair supplies
Total BOBCAT OF WEST METRO $442.57
Paid Chk# 026684 2/17/2009 BRAUN INTERTEC CORP
E 504-00000-300 Professional Srvs (GENERAL) $373.50 303796 Franklin Project
Total BRAUN INTERTEC CORP $373.50
Paid Chk# 026685 2/17/2009 BUYSSE ROOFING OF ST CLOUD
E 101-41940-405 Repair/Maint - Buildings $530.00 1772 City Hall roof repair
Total BUYSSE ROOFING OF ST CLOUD $530.00
Paid Chk# 026686 2/17/2009 CARQUEST
E 101-42000-404 Repair/Maint - Machinery/Equip $133.48 71383 FD equip supplies
E 101-42000-404 Repair/Maint - Machinery/Equip $62.77 71384 FD supplies
E 101-42000-404 Repair/Maint - Machinery/Equip $56.39 71386 FD supplies
E 101-42000-404 Repair/Maint - Machinery/Equip $550.92 71835 FD equip supplies
Total CARQUEST $803.56
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Agenda Item No. 8.E. I .
Meeting Date February 17, 2009
19
Mayor and Council Communication — February 11, 2009
Finance — Payment of Claims
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 026687 2/17/2009 CENTER POINT ENERGY
E 101-43100-383
Gas Utilities
$711.35 5361507-01
Gas Utilities-PW Garage
E 101-45100-383
Gas Utilities
$274.50 5373665-01
Gas Utilities -Park Shelter
E 101-42000-383
Gas Utilities
$1,228.65 5396144-01
Gas Utilities -Fire Dept
Total CENTER POINT ENERGY
$2,214.50
Paid Chk# 026688 2/17/2009 COURT & MACARTHUR RUPPE, PLLP
E 101-41600-304
Legal Fees
$1,837.50 02-2009
General Sery
E 101-41610-304
Legal Fees
$637.50 02-2009
Karston Cove 3
E 101-41610-304
Legal Fees
$510.00 02-2009
Niemeyer Trailer Sales
E 101-41610-304
Legal Fees
$127.50 02-2009
Towne Lakes 6
E 101-41610-304
Legal Fees
$127.50 02-2009
LaBeaux Station
E 468-49000-304
Legal Fees
$75.00 02-2009
1-94 Ramps
E 502-49000-304
Legal Fees
$37.50 02-2009
CSAH 37 Utilities
E 494-49000-304
Legal Fees
$3,908.50 02-2009
CSAH 19 Assessment App
E 101-41610-304
Legal Fees
$127.50 02-2009
Phil Morris
Total COURI & MACARTHUR RUPPE, PLLP
$7,388.50
Paid Chk# 026689 2/17/2009 DJS TOTAL HOME CARE
CNTR FIRE
E 101-42000-200
Office Supplies (GENERAL)
($117.09)
credit
E 101-42000-200
Office Supplies (GENERAL)
$5.06 36339
FD supplies
E 101-42000-200
Office Supplies (GENERAL)
$29.92 36852
FD supplies
E 101-42000-200
Office Supplies (GENERAL)
$36.98 36920
FD supplies
E 101-42000-200
Office Supplies (GENERAL)
$43.93 36978
FD supplies
E 101-42000-200
Office Supplies (GENERAL)
$105.47 36979
FD supplies
Total DJS
TOTAL HOME CARE CNTR FIRE
$104.27
Paid Chk# �026690 2/17/2009
DOCUMENT DESTRUCTION SERVICE
E 101-41400-300
Professional Srvs (GENERAL)
$30.00 133880
Document Destruction
Total DOCUMENT DESTRUCTION SERVICE
$30.00
Paid Chk# 026691 2/17/2009
HEALTH PARTNERS
E 101-45100-130
Employer Paid Ins (GENERAL)
$927.86 31483195
employee insurance
E 101-41400-131
Employer Paid Health
$1,851.47 31483195
employee insurance
E 101-43100-130
Employer Paid Ins (GENERAL)
$1,982.12 31483195
employee insurance
E 101-42400-130
Employer Paid Ins (GENERAL)
$2,590.96 31483195
employee insurance
G 101-21706 Group Insurance Payable
$2,625.16 31483195
employee insurance
E 101-41500-131
Employer Paid Health
$921.56 31483195
employee insurance
E 601-49450-130
Employer Paid Ins (GENERAL)
$1,236.28 31483195
employee insurance
E 101-41300-131
Employer Paid Health
$513.15 31483195
employee insurance
E 602-49400-130
Employer Paid Ins (GENERAL)
$1,236.28 31483195
employee insurance
Total HEALTH PARTNERS
$13,884.84
Paid Chk# 026692 2/17/2009
KERN, DEWENTER, & VIERE, LTD
E 101-42400-301
Auditing and Acct'g Services
$833.34 89645
audit services
E 604-49660-301
Auditing and Acct'g Services
$833.33 89645
audit services
E 101-41400-301
Auditing and Acct'g Services
$833.33 89645
audit services
E 101-42000-301
Auditing and Acct'g Services
$833.33 89645
audit services
E 601-49450-301
Auditing and Acct'g Services
$833.33 89645
audit services
E 602-49400-301
Auditing and Acct'g Services
$833.34 89645
audit services
Total KERN, DEWENTER, & VIERE, LTD
$5,000.00
Paid Chk# 026693 2/17/2009 MEINY'S DIGGERS
E 602-49400-408 R/M - Water Services $2,104.80 5972 water main leak (2008)
E 602-49400-407 R/M - Water Mains $2,520.00 5973 water main break (2008)
E 602-49400-407 R/M - Water Mains $932.00 5974 add valve - water main
Total MEINY'S DIGGERS $5,556.80
M:\Public Data\City Council\Council Packet inform ation\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Page 2 of 8
Agenda Item No. 8.E. I..
Meeting Date February 17, 2009
20
Mayor and Council Communication - February 11, 2009
Finance - Payment of Claims
Page 3 of 8
10100 Premier Bank
Paid Chk# 026694 2/17/2009 N. A. C.
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 494-49000-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
E 101-41910-306
Planning Fees
Check Amt Invoice Comment
$270.10
18160
general (land ord)
$634.35
18160
general (access bldg)
$305.95
18160
general
$98.10
18160
general (ord)
$191.70
18160
general (ord)
$404.50
18160
general (nuisance)
$335.15
18300
CSAH 19
$59.25
18300
general (subdiv ord)
$95.00
18300
general (land ord)
$154.25
18300
general (nuisance)
$260.70
18300
general (granite -tops)
$1,087.40
18300
general (access bldg)
$651.75
18300
general misc
$201.45
18300
general (stormwater ord)
$787.80
18301
Albertville Twnh Sign Var
$500.00
18302,
general -meetings
Total N. A. C. $6,037.45
Paid Chk# 026695 2/17/2009 NORTH AMERICAN CLEANING CORP
E 101-41940-405 Repair/Maint - Buildings $419,61 37165
E 101-42000-405 Repair/Maint - Buildings $142.38 37165
Total NORTH AMERICAN CLEANING CORP $561.99
10100 Premier Bank $51,998.80
Fund SumMary
101 GENERAL FUND
468 CSAH 19 RAMPS/I 94 Project
494 CSAH 19 & 50th St. (South 19)
502 Maclver
504 Franklin Sewer Extention
601 SEWER FUND
602 WATER FUND
604 STORM WATER
10100 Premier Bank
$32,578.09
$75.00
$4,243.65
$37.50
$373.50
$3,456.85
$9, 013.65
$2,220.56
$51, 998.80
City Hall
Fire Hall
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 026696 2/17/2009 APPOLLO SYSTEMS -COMMERCIAL D
E 101-45100-405 Repair/Maint -Buildings $20.24 87844
Total APPOLLO SYSTEMS - COMMERCIAL D $20.24
Paid Chk# 026697 2/17/2009 ARAMARK UNIFORM SERVICES
E
601-49450-417
Uniform Rentals
$81.23
6296640399
E
602-49400-417
Uniform Rentals
$64.53
6296654455
E
101-41940-405
Repair/Maint - Buildings
$76.65
6296654456
E
101-43100-417
Uniform Rentals
$51.42
6296663846
E
101-41940-405
Repair/Maint - Buildings
$77.29
6296663847
E
101-45100-417
Uniform Rentals
$52.13
6296673306
E
101-41940-405
Repair/Maint - Buildings
$92.69
6296673307
Total
ARAMARK UNIFORM SERVICES
$495.94
Paid Chk# 026698 2/17/2009 A -TOOL SHED RENTAL & SALES
E 101-45100-210 Operating Supplies (GENERAL) $115.02 16983
Total A -TOOL SHED RENTAL & SALES $115.02
Security Service Feb 2009
Sewage Dept. - Uniform Sery
Water Dept - Uniform Sery
rugs/towles
PW uniforms
mops/mats
Parks Dept - Uniform Sery
Rugs/towels
Air Compressor
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Agenda Item No. 8. E. L
Meeting Date February 17, 2009
21
Mayor and Council Communication - February 11, 2009
Finance - Payment of Claims
Page 4 of 8
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 026699 2/17/2009 BERRY COFFEE COMPANY
E 101-41400-200 Office Supplies (GENERAL) $30.95 773048 Coffee
Total BERRY COFFEE COMPANY $30.95
Paid Chk# 026700 2/17/2009 BOYER TRUCKS
E 101-42000-404 Repair/Maint - Machinery/Equip
$72.25 70744
Parts for FD
Total BOYER TRUCKS
$72.25
Paid Chk# 026701 2/17/2009 CENTER POINT ENERGY
E 601-49450-383 Gas Utilities
$1,050.29
11728 63rd St
E 101-41940-383 Gas Utilities
$2,609.42
City Hall
E 101-43100-383 Gas Utilities
$1,831.80
11822 63rd St
Total CENTER POINT ENERGY
$5,491.51
Paid Chk# 026702 2/17/2009 CITY OF MONTICELLO
E 101-42700-309 Animal Control Contract $402.57 11074 Dec 08 animal control
Total CITY OF MONTICELLO $402.57
Paid Chk# 026703 2/17/2009 CROW RIVER NEWS NORTH
E 101-41100-351 Legal Notices Publishing $467.40 109290506 12/29/08 Publications
Total CROW RIVER NEWS NORTH $467.40
Paid Chk# 026704 2/17/2009 DALE'S 66
E 101-45100-404 Repair/Maint - Machinery/Equip $100.00 6183 PW Exhaust
Total DALE'S 66 $100.00
Paid Chk# 026705 2/17/2009 DHL EXPRESS INC
E 101-41400-322 Postage $27.96 1413355 Delivery 12/15/08 from Bridget
Total DHL EXPRESS INC $27.96
Paid Chk# 026706 2/17/2009 DJ'S TOTAL HOME CARE CENTER
E 101-43100-215
Shop Supplies
$37.78
Tape/hardware
E 101-43100-405
Repair/Maint - Buildings
$53.25
PW tramsitter
E 101-43100-405
Repair/Maint Buildings
$17.55
PW
E 101-43100-405
Repair/Maint - Buildings
$13.83
flood light - 5975 Main
E 101-45100-405
Repair/Maint - Buildings
$9.57
trash bags
E 101-45100-210
Operating Supplies (GENERAL)
$1.04
PW - elbow
E 101-43100-404
Repair/Maint - Machinery/Equip
$0.85
PW - tension pins
E 601-49450-210
Operating Supplies (GENERAL)
$1.07
JM - Wrenchs
E 601-49450-210
Operating Supplies (GENERAL)
$6.91
JM - Wrenchs
E 601-49450-210
Operating Supplies (GENERAL)
$19.16
JM - Valve sleeves
E 601-49450-210
Operating Supplies (GENERAL)
$21.25
JM cable/pliers
E 601-49450-210
Operating Supplies (GENERAL)
$27.64
JM - valve sleeves
E 601-49450-210
Operating Supplies (GENERAL)
$39.31
JM bolts/hose hanger
E 601-49450-210
Operating Supplies (GENERAL)
$45.72
JM - keyls/oil/batteries
E 101-45100-210
Operating Supplies (GENERAL)
$66.00
trash cans
Total DJ'S
TOTAL HOME CARE CENTER
$360.93
Paid Chk# 026707 2/17/2009
DON'S AUTO & REPAIR
E 101-42000-212
Motor Fuels
$41.90 212009
FD Gas
E 101-42000-212
Motor Fuels
$52.06 212009
FD gas
E 101-43100-212
Motor Fuels
$38.76 212009
PW gas
E 101-42000-212
Motor Fuels
$23.90 212009
FD Gas
E 101-45100-212
Motor Fuels
$10.96 212009
PW gas
E 101-42000-212
Motor Fuels
$43.82 212009
FD Gas
E 101-42000-212
Motor Fuels
$49.07 212009
FD Gas
Total DON'S AUTO & REPAIR
$260.47
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Agenda Item No. O.E.I..
Meeting Date February 17, 2009
22
Mayor and Council Communication — February 11, 2009
Finance — Payment of Claims
Page 5 of 8
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 026708 2/17/2009 FYCC
E 101-45000-598 Pledges & Contributions $4,500.00 1st half 2009 donation
Total FYCC $4,500.00
Paid Chk# 026709 2/17/2009 JASPER ENGINEERING & EQUIP CO
E 601-49450-404 Repair/Maint - Machinery/Equip $765.56 152780 JM equip repair
Total JASPER ENGINEERING & EQUIP CO $765.56
Paid Chk# 026710 2/17/2009 JOINT POWERS BOARD
E 602-49400-373
JP Dist II Low
$1,712.06
JP dist II low
E 602-49400-376
JP Fed Wtr Test
$32.70
Fed Water test Pen
E 602-49400-376
JP Fed Wtr Test
$23.20
Fed water test Pen
E 602-49400-374
JP Dist Pen
$947.92
JP dist pen
E 602-49400-375
JP Access
$7.00
JP access
E 602-49400-375
JP Access
$7.00
JP access
E 602-49400-376
JP Fed Wtr Test
$1,062.44
Fed water test
E 602-49400-374
JP Dist Pen
$1,448.46
JP dist Pen
E 602-49400-371
JPDIST COMBO
$3,010.74
JP dist combo
E 602-49400-376
JP Fed Wtr Test
$1,495.39
Fed water test
E 602-49400-372
JP Dist
$36,998.23
JP dist
E 602-49400-372
JP Dist
$67,639.86
JP dist
E 602-49400-371
JPDIST COMBO
$1,629.28
JP dist combo
E 602-49400-373
JP Dist II Low
$1,586.80
JP dist II low
Total JOINT POWERS BOARD
$117,601.08
Paid Chk# 026711 2/17/2009 LEAGUE OF MINNESOTA CITIES
E 101-41100-208 Training and Instruction
$220.00
124871
2009 Leadership Conference
E 101-42000-361 General Liability Ins
$65.58
29855
Liability Insurance
E 101-41400-361 General Liability Ins
$76.51
29855
Liability Insurance
E 101-45100-361 General Liability Ins
$76.51
29855
Liability Insurance
E 101-41940-361 General Liability Ins
$623.01
29855
Liability Insurance
E 101-42400-361 General Liability Ins
$54.65
29855
Liability Insurance
E 101-41500-361 General Liability Ins
$5.46
29855
Liability Insurance
E 101-43100-361 General Liability Ins
$21.86
29855
Liability Insurance
E 101-41100-361 General Liability Ins
$54.65
29855
Liability Insurance
E 601-49450-361 General Liability Ins
$54.65
29855
Liability Insurance
E 101-43100-361 General Liability Ins
$5.47
29855
Liability Insurance
E 602-49400-361 General Liability Ins
$54.65
29855
Liability Insurance
Total LEAGUE OF MINNESOTA CITIES
$1,313.00
Paid
Chk# 026712 2/17/2009 MIDWEST LANDSCAPES
E 101-45100-530 Improvements
$2,279.11
102308
Winter Park
Total MIDWEST LANDSCAPES
$2,279.11
Paid
Chk# 026713 2/17/2009 MINNESOTA CHAPTER IAAI
E 101-42000-433 Dues and Subscriptions
$25.00
2009 Membership - Tate Mills
Total MINNESOTA CHAPTER IAAI
$25.00
Paid
Chk# 026714 2/17/2009 MINNESOTA RURAL WATER
ASSOCIAT
E 602-49400-433 Dues and Subscriptions
$200.00
Membership Dues March 2009
E 601-49450-218 Testing Expenses
$160.00
2009 Conf. John M
Total MINNESOTA RURAL WATER ASSOCIAT
$360.00
Paid
Chk# 026715 2/17/2009 MN DEPT OF PUBLIC SAFETY
E 101-41940-361 General Liability Ins
$250.00
2009 Consumption & Display Per
Total MN DEPT OF PUBLIC SAFETY
$250.00
Paid
Chk# 026716 2/17/2009 MONTICELLO, CITY OF
E 101-42700-309 Animal Control Contract
$75.00
303
pick up dogs
Total MONTICELLO, CITY OF
$75.00
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Agenda Item No. 8. E. I..
Meeting Date February 17, 2009
23
Mayor and Council Communication — February 11, 2009
Finance — Payment of Claims
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 026717 2/17/2009 N. A. C.
E 101-41915-306 Planning Fees $110.40 18301
Total N. A. C. $110.40
Paid Chk# 026718 2/17/2009 NORTHERN DEWATERING, INC.
E 601-49450-404 Repair/Maint - Machinery/Equip $191.70 22358
E 601-49450-404 Repair/Maint - Machinery/Equip $1,257.74 22378
Total NORTHERN DEWATERING, INC. $1,449.44
Paid Chk# 026719 2/17/2009 NORTHERN WATER WORKS
E 602-49400-250 Meters for Resale $961.46
Total NORTHERN WATERWORKS $961.46
Albertville Marketplace Sign
Hyraulic pump
Rebuild pump
Meters for Re -sale
Paid Chk# 026720 2/17/2009 NOW CARE MEDICAL CENTERS
E 101-42000-305 Medical- Physicals $7,136.50 FD Physicals
Total NOW CARE MEDICAL CENTERS $7,136.50
Paid Chk# 026721 2/17/2009 ONVOY, INC.
E 602-49400-321 Telephone $35.60 90202011340 Phone/data network
E 101-43100-321 Telephone $83.07 90202011340 Phone/data network
E 101-42400-321 Telephone $237.33 90202011340 Phone/data network
E 601-49450-321 Telephone $35.60 90202011340 Phone/data network
E 101-41940-321 Telephone $712.00 90202011340 Phone/data network
E 101-42000-321 Telephone $83.07 90202011340 Phone/data network
Total ONVOY, INC. $1,186.67
Paid Chk# 026722 2/17/2009 POSTMASTER
a
E 101-41400-413 Office Equipment Rental $360.00 2 & 7 Permits Feb 2009 - Feb 2
Total POSTMASTER $360.00
Check Amt Invoice Comment
Paid Chk# 026723 2/17/2009 PREMIER RNKS, INC
E 101-45100-588 C/O -Park Mach/Equip
$31.89
Sales tax due on previous invo
Total PREMIER RNKS, INC
$31.89
Paid Chk# 026724 2/17/2009 S & T OFFICE PRODUCTS
E 101-41400-200 Office Supplies (GENERAL)
$20.85 17590
paper
E 101-41400-200 Office Supplies (GENERAL)
$177.58 19823
Office Supplies
Total S & T OFFICE PRODUCTS
$198.43
Paid Chk# 026725 2/17/2009 SANDBERG MEDICAL TRAINING
E 101-45100-208 Training and Instruction
$70.00 120608
RinkAttnd training
Total SANDBERG MEDICAL TRAINING
$70.00
Paid Chk# 026726 2/17/2009 SCHARBER & SONS
E 101-45100-404 Repair/Maint - Machinery/Equip $6.39 1018265 o rings
Total SCHARBER & SONS $6.39
Paid Chk# 026727 2/17/2009 TASC
E 101-41400-300 Professional Srvs (GENERAL) $300.00 2900090385 HAS 01/01/09-12/31/09
Total TASC $300.00
Paid Chk# 026728 2/17/2009 TRANSPORTATION ALLIANCE
E 101-41100-433 Dues and Subscriptions $265.00 Larry K Membershipe
Total TRANSPORTATION ALLIANCE $265.00
M:\Public Data\City Council\Council Packet inform ation\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Page 6 of 8
Agenda Item No. 8. E. 1. .
Meeting Date February 17, 2009
W
Mayor and Council Communication - February 11, 2009
Finance - Payment of Claims
Page 7 of 8
Check Amt Invoice
Comment
10100 Premier Bank
Paid Chk# 026729 2/17/2009 TRYCO LEASING INC
E 101-42000-310
Other Professional Services
$113.24 4171
FD Lease
E 101-41400-413
Office Equipment Rental
$689.62 4172
lease Estudio 850 & 451C
Total TRYCO LEASING INC
$802.86
Paid Chk# 026730 2/17/2009
UNIQUE PAVING MATERIALS
CORP
E 602-49400-407
R/M -Water Mains
$222.16 193196
UPM #2
Total UNIQUE PAVING MATERIALS CORP
$222.16
Paid Chk# 026731 2/17/2009
USABLE LIFE
E 101-41400-131
Employer Paid Health
$22.81
Empl STDis Ins
E 601-49450-130
Employer Paid Ins (GENERAL)
$33.82
Empl STDis Ins
E 101-41500-131
Employer Paid Health
$4.95
Empl Life Ins
E 602-49400-130
Employer Paid Ins (GENERAL)
$9.00
Empi Life Ins
E 101-45100-130
Employer Paid Ins (GENERAL)
$5.40
Empl Life Ins
E 101-41300-131
Employer Paid Health
$54.29
Empl STDis Ins
E 601-49450-130
Employer Paid Ins (GENERAL)
$9.00
Empl Life Ins
E 101-41500-131
Employer Paid Health
$35.53
Empl STDis Ins
E 101-42400-130
Employer Paid Ins (GENERAL)
$67.96
Empl STDis Ins
E 101-42400-130
Employer Paid Ins (GENERAL)
$22.35
Empl Life Ins
E 101-45100-130
Employer Paid Ins (GENERAL)
$19.55
Empl STDis Ins
E 101-41300-131
Employer Paid Health
$14.10
Empl Life Ins
E 101-43100-130
Employer Paid Ins (GENERAL)
$9.00
Empi Life Ins
G 101-21710 Other
Deducations
$7.50
Empl Life Ins
E 101-41400-131
Employer Paid Health
$6.60
Empl Life Ins
E 602-49400-130
Employer Paid Ins (GENERAL)
$33.80
Empl STDis Ins
E 101-43100-130
Employer Paid Ins (GENERAL)
$49.19
Empl STDis Ins
Total USABLE LIFE
$404.85
Paid Chk# 026732 2/17/2009 WASTE MANAGEMENT
E 601-49450-384 Refuse/Garbage Disposal
E 101-43100-384 Refuse/Garbage Disposal
E 101-45100-384 Refuse/Garbage Disposal
Total WASTE MANAGEMENT
$55.68 482672415932
$48.64 482672415932
$68.54 482672415932
$172.86
Paid Chk# 026733 2/17/2009 WATER CONSERVATION SERVICE, IN
E 602-49400-407 R/M - Water Mains $355A2 1105
Total WATER CONSERVATION SERVICE, IN $355.42
11728 63rd St
11822 63rd St
11401 Lander St
11440 Cty Rd 37 leak
Paid Chk# 026734 2/17/2009 WRIGHT CTY PLANNING & ZONING
E 101-42110-307 Police Contract Fees $40,880.00 92 Feb 09 patrol
Total WRIGHT CTY PLANNING & ZONING $40,880.00
Paid Chk# 026735 2/17/2009 WRIGHT RECYCLING
E 101-43200-308 Recycling Contract Fee $4,500.00 013109 Jan recycling
Total WRIGHT RECYCLING $4,500.00
Paid Chk# 026736 2/17/2009 XCEL ENERGY
E 101-43160-381
Electric Utilities
$35.39 258062282
5700 Labeaux - Unit Signal
E 101-45100-381
Electric Utilities
$4.41 258366139
Civil Def Svc
E 101-43160-381
Electric Utilities
$5,339.22 258366958
Street Lighting - 58-59-60 St.
Total XCEL ENERGY
$5,379.02
Paid Chk# 026737 2/17/2009
ZEE MEDICAL SERVICE
E 101-41400-200
Office Supplies (GENERAL)
$105.12 54033466
med supplies
Total ZEE MEDICAL SERVICE
$105.12
10100 Premier Bank
$199,912.46
M:\Public Data\City Council\Council Packet infonnation\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Agenda Item No. 8. E.1..
Meeting Date February 17, 2009
25
Mayor and Council Communication — February 11, 2009
Finance — Payment of Claims
Page 8 of 8
Fund Summary
10100 Premier Bank
101 GENERAL FUND
$76,518.43
601 SEWER FUND
$3,856.33
602 WATER FUND
$119,537.70
$199, 912.46
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-E-1 Payment Posted Batch.doc
Agenda Item No. 0.E. I .
Meeting Date February 17, 2009
W.
_
A,l�b£Y'tN1l£ Mayor and Council Communication
February 10, 2009
SUBJECT: 0 CITY CLERK — ST. MICHAEL LIONS ONE -DAY LIQUOR LICENSE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
Motion approve a One -Day 3.2% Malt Liquor License applications submitted by Mark
Gardener, President of the St. Michael Lions for a Community Dinner Fund Raiser to be held at
St. Albert Parish Center on Tuesday, March 3 from 5:00 p.m. to 9:00 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 the St. Michael Lions to sell 3.2% Malt Liquor at the St. Albert Parish Center that
is located within the Albertville city limits.
• According to the Clerks records, the St. Michael Lions have not submitted previous One-.
Day 3.2% Malt Liquor License applications in 2009.
• Council may deny the application, in which the St. Michael Lions would not be allowed
to sell 3.2% Malt Liquor during the Community Dinner Event.
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: St. Michael Lions One -Day 3.2% Malt Liquor License application
M:\Public Data\Requests for Council Actions (RCA)\2009\02 17 2009 8 Clerk (St Michael Lions 1-day Liq Lie) RCA.doc
Agenda Item No. U..F l .
Meeting Date February 17, 2009
5959 Main Avenue NE
A\Ibertvillc
P.O. Box 9
Small Torun uan9. 019 City uo. Albertville, MN 55301
APPLICATION FOR ONE -DAY
3.2 % MALT LIQUOR LICENSE
Office Use Only
The undersigned certifies that it complies with'Minnesota State
Statutes, Section 340.001, Subdivision 7, in that it qualifies as a
Date Mead i
"Bona Fide Club " within that section, and that this application
= 4
makes petition for a limited license as a "Bona Fide Club" fora
AmQui�t Fdi
{A.
limited, non -intoxicating malt liquor license.
s �$ g
",
Check/ ash
A license fee of $10.00 per day is required to accompany this
� r
application.
License: rnailes
f
1. Name of Applicant (organization): .51 Cled Zfws
2. Name and Address of PresidentandSecretary of Applicant:
6z'l, e,
� -./;/" /," ef /"Iv
3. Purpose for which funds derived will be used: C.l1z (
4. Date(s) of activity: /`'/GZ
5. Premises from which 3.2% malt liquor will be dispensed on said date:
6. Hours of operation: ,_—%%7
7. Number of previous license obtained this calendar year:
8. Name, address, telephone number and position held with Club of person signing this
application: �i,�,i'1v', ,rz' / .� /rfcl7` ��1�'�/ A/z'/,
J
. 4
Appli nt's Signature Date
MAPublic Data\City Clerk\Liquor License\Application Forms\3.2 One -Day Liquor License.doc
28
EBO L -17C>" 8o- M FEE r-- J K ,
• Consulting Engineers & Surveyors
" 7533 Sunwood Drive NW - Ramsey, MN 55303
Phone (763) 433-2851 • Fax (763) 427-0833
www.bolton-menk.com
MEMORANDUM
Date: February 3, 2009
To: The Honorable Mayor and City Council
Cc: Larry Kruse, Albertville City Administrator
From: Adam Nafstad, P.E., Albertville Engineer
Subject: Project Status Update
The following is a brief project status update as of February 3, 2009:
1 I`J C.
Albertville Marketplace
Staff is working with the Developer's architect on proposed convenient store
concepts. Mr. Morris is hoping to begin construction of the convenience store in the
spring. Mr. Morris also indicated the restaurant was progressing well, but is reluctant
to set an official opening date at this time. Mr. Morris did share that he they are in
the process of hiring staff and anticipates a spring opening.
2. Niemeyer Trailer Sales
Staff is working with the Developer to finalize the terms of the Development
Agreement.
3. CSAH 19 Project (57th Street to Albertville Southerly Limits)
With the exception of a few warranty items, construction is complete. Ongoing
project related tasks include the assessment appeals and the project closeout
proceedings.
4. Storm Water ManajZement Plan
Staff has reviewed the in place ordinates pertaining to storm water and flood
protection. Staff recommended revisions that will be presented to the Planning
Ccommission at their February meeting and to the Council in March.
5. CSAH 37 (West) Utility Extension — Niemeyer Development
Bids have been received and once the Niemeyer development agreement is finalized,
staff will recommend award of the contract to Nodland Construction, the low bidder.
6. Hunters Pass
Staff is working with the wetland consultants originally hired by the Developer to
complete the monitoring and maintenance requirements. Staff will also be
coordinating the completion of all remaining work and punchlist items in the spring.
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-i Engineers Report February 3, 2009.doc
Agenda Item No. O.1.1.
Meeting Date February 17, 2009 29
Albertville Project Status Update
• 2/3/09
m Page 2 of 3
7. Albertville Railroad Exchange Plat
In the spring, staff will further investigate the abandoned storm sewer along the
southerly boundary of the plat.
8. Phil Morris Lift Station (Albertville Marketplace)
The transformer dedicated to the lift station is defective and not working. Xcel has
informed us that the replacement transformer will be installed by the end of February.
If the restaurant requires sanitary sewer service before this date, Xcel has agreed to
install a temporary transformer. The driveway will be completed in the spring by
Oman Brothers..
9. Towne Lakes 6th Addition
Staff will be coordinating the completion of the trunk watermain, which loops
Hunters Pass into the city system, and will be working with the Owner and their
representative to keep the property adequately maintained.
10. 701h Street (CSAH 19 to MacIver)
Otsego is currently working with the Contractor to complete the final payment
application. Once completed by Otsego and the Contractor, Staff will present a
payment recommendation to Council.
11. Mapping
Staff will be meeting to compile all map revisions and begin the updating process.
Albertville's maps include: street and address, subdivision, zoning, parks and trails,
watermain, storm sewer, sanitary sewer, and others.
12. Online Mapping
All the data on the city maps can be accessed through the City's online mapping
system. Recently, the record drawings for the city utilities were added to the system
and can be accessed via an interactive city map.
13. Intersection Crash History
Staff has received crash histories for the CSAH 19 intersections at 57th Street NE and
CSAH 37. Staff is working to schedule a meeting with the County to discuss the
crash rates and potential corrected measures.
14. 2009 Municipal State Aid System
The 2008 Mileage Certification has been submitted to the state, as well as, the 2008
traffic reports. Staff is in the process of updating the 2009 Needs Report and will be
submitting the final report to the state in March. Currently, the balance in the City's
MSA is approaching $1,000,000. To prevent excessive balance adjustments, staff
will be reviewing the potential options the funds present.
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-i Engineers Report February 3, 2009.docQ
Agenda Item No. 0.177
. 1.
Meeting Date February 17, 2009 30
Albertville Project Status Update
2/3/09
+ q Page 3 of 3
15. Albert Villas 6th Addition
Staff is soliciting quotes to complete punchlist items, which primarily consist of
concrete repairs and landscaping. Funding of the work through special assessment to
vacant lots of the 6th Addition will be discussed at the February 171h meeting.
16. Albertville Townhomes
Several occupancy certificates have been issues and progress on the other buildings is
progressing rapidly. Site related improvements will resume in the spring.
17. Economic Recovery Pro ram
Staff is very closely monitoring the development of the Economic Recovery Program.
The details of the draft legislation for this funding are changing continuously. In
preparation for a very rapid dispersal of the funds, MnDOT has begun to solicit for
candidate projects. Potential Albertville projects do not meet the current solicitation
requirements, but staff will continue to look and review all potential funding
opportunities.
18. State Transportation Plan Update
Several Council and Staff members attended the Minnesota State Wide
Transportation Policy Plan Stakeholder Open House in St. Cloud. The purpose of the
meeting was to present and take comment on the State's 20-year transportation plan.
In short, the identified transportation needs over the next 20-years exceed the
budgeted amount by over 50 billions dollars. Staff has copies of the States draft plan
and the open house handouts for anyone interested.
19. Projects to resume in the Spring Include:
• Franklin Property Sewer Extension — Punchlist Items.
• Winter Park Improvements — Punchlist Items
• Niemeyer Trailer Sales — Grading
• Albertville Townhomes — Site Improvements
• Towne Lakes 5th — Punchlist Items.
• Karston Cove 3rd — Private Driveways and Punchlist Items
I will be at your February 17th City Council meeting to discuss any questions concerning
these and/or other projects taking place in town.
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8-i Engineers Report February 3, 2009.doc
Agenda Item No.8.1.1.
Meeting Date February 17, 2009 31
Nbertville Mayor and Council Communication
February 2, 2009
SUBJECT: LEGAL — AMENDMENTS TO CITY CODE RELATING TO GRASS AND WEED
REMOVAL
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion: to approve City of Albertville Ordinance No. 2009-004 entitled an Ordinance
Amending Section 5-3-3 of the 2005 Albertville Municipal City Code Regarding Removal of
Weeds by City, 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: Current City ordinance requires the City to mail a notification of each
violation of the City's grass and weed policy (i.e. grass and weeds higher than 12 inches tall) to
the property owner/occupant prior to the City mowing the grass. Given the large number of
foreclosures which require City mowing on a continuing basis, this system is not very practical.
Last summer City staff notified residents violating the ordinance on the first violation that they
would only receive one violation notice for the entire growing season, and that the City would
simply return to mow as necessary and bill the property owner. The amendments before the
Council today change the ordinance to match that policy.
KEY ISSUES:
• The City needs greater flexibility in the notice requirements due to the large volume of
lots the City is currently mowing.
• This change brings the City's ordinances into compliance with current City policy.
POLICY CONSIDERATIONS: The City Council has already determined that it wants Public
Works to keep the vacant lots consistently mowed. This change will aid Public Works in
keeping on top of the problem. As a practical matter, the owners are not present on the lots and
few of them are mowing after the notices are sent. Given these facts, the change in notice
requirements is not expected to have a significant impact upon the property owners whose
properties are being mowed.
FINANCIAL CONSIDERATIONS: None. This change simply brings the City's ordinances
in line with existing practice. The City will still special assess those properties whose owners do
not mow their lawns.
M:\Public Data\Requests for Council Actions (RCA)\2009\02 17 09 Legal RCA (Weed Removal Ord).doc
Agenda Item No. 8..1. 1.
Meeting Date February 17, 2009
Mayor and Council Communication — February 2, 2009
Legal — 2005 City Code Amendment (Weed Ord)
Page 2 of 2
LEGAL CONSIDERATIONS: While some questions remain regarding the City's authority to
mow grass on private property and special assess for the cost, there appears to be no practical
alternative to the City's current policy, particularly given the large number of foreclosed
properties in the City.
Resp tEinistrator
itted,
R
City Ad
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: Ordinance No. 2009-004
M:\Public Data\Requests for Council Actions (RCA)\2009\02 17 09 Legal RCA (Weed Removal Ord).doc
Agenda Item No. O.3.4-
Meeting Date February 17, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.:
AN ORDINANCE AMENDING 5-3-3 REGARDING
REMOVAL OF WEEDS BY CITY
The City Council of the City of Albertville, Minnesota hereby ordains:
1. Section 5-3-3 f the Albertville City Code is hereby amended to reads as follows:
5-3-3: FAILURE TO REMOVE; REMOVAL BY CITY; COSTS:
A. Notice To Remove: If the provisions of this chapter are not complied with, the city
may serve written notice upon the owner, lessee, or occupant or any person having
control of such lot or land, to comply with the provision of this section.
1. Occupied lots/land: One written notice shall serve as notice to the person upon
whom it was served for the entire growing season.
2. Unoccupied lots/land: For any vacant lot/land the City may serve written
notice by leaving a door hanger in a visible place on the lot/land. One door
hanger shall serve as notice to the owner, lessee, or occupant or any person
having control of such lot or land for the entire growing season.
B. Removal By City:
l . Occupied lots/land. If the person upon whom the notice is served fails to
remove the weeds, grass, brush or other vegetation within five (5) days from
the date such notice is postmarked or delivered, then the city may cause the
weeds, grass, brush and other vegetation of such lot or land to be cut and
removed. Thereafter during the same growing season, the City may cause
such weeds, grass, brush and other vegetation upon such land that violates
Section 5-3-1 of the City Code to be cut and removed without further written
notice to the owner, lessee or occupant.
2. Unoccupied lots/land. If the person upon whom the notice is served fails to
remove the weeds, grass, brush or other vegetation within two (2) days from
the date the door hanger is left, then the city shall cause the weeds, grass,
brush and other vegetation of such lot or land to be cut and removed.
Thereafter during the same growing season, the City may cause such weeds,
grass, brush and other vegetation upon such land that violates Section 5-3-1 of
the City Code to be cut and removed without further written notice to the
owner or lessee
M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-004 (Weed Removal).doc
Agenda Item No. 8.11 .
Meeting Date February 17, 2009
35
C. Costs Assessed: The actual cost of cutting and the removal, plus such sums as
determined by the city council to reimburse the city for its costs of inspection, shall
be certified by the city administrator and shall thereupon become a lien upon the lot
or land on which such weeds, grass, brush, and other vegetation were located and
shall be added to and become and form a part of the taxes next to be assessed and
levied upon such lot or land and shall bear interest at the same rate as taxes and shall
be collected and enforced in the same manner as real estate taxes; provided, however,
the owner, lessee or occupant or any person having control of the lot or land may pay
to the city, in full, the actual costs incurred for cutting and removal, plus the
inspection fee, by September 15 of the same calendar year in which the cutting and
removal occurred in order to avoid having such costs levied upon the lot or land.
Passed by the council this day of , 2009.
Ron Klecker, Mayor
ATTEST:
Bridget Miller, City Clerk
M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-004 (Weed Removal).doc
Agenda Item No. 8.11.
Meeting Date February 17, 2009
W
A.1bertvijle Mayor and Council Communication
senor r— woo. ft ur..
February 2, 2009
SUBJECT: LEGAL — TOWNE LAKES 6TH ADDITION MODIFICATION TO DEVELOPER'S
AGREEMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion: approve AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT, TOWNE
LAKES 6TH ADDITION.
BACKGROUND: The City has previously entered into a developer's agreement with
Contractor Property Developers Company ("CPDC") for the development of the Town Lakes 6th
Addition residential plat. CPDC installed most, but not all, of the municipal improvements
before suspending operations as a result of the downturn in the housing industry. At this point,
CPDC is effectively out of business, and M&I Bank has foreclosed upon CPDC's property in the
6th Addition and is now the owner of this property.
M&I Bank has approached the City and requested that it be given more time to complete some of
the municipal improvements. City Engineer Adam Nafstad had previously discussed these
issues with the Council and the Council approved a delay in some of the improvements, provided
the water line to Hunter's Pass was installed in 2009. This Modification implements those
changes approved in principal by the City Council. In short, the Amendment requires M&I Bank
to install the water line to Hunters Pass by October 31, 2009, but delays until October 31, 2010
all other unfinished improvements, both municipal and on and off -site. The City will retain its
letter of credit during this time period.
KEY ISSUES:
The Development Agreement originally required these improvements to be installed by
October 31, 2006.
The City has a letter of credit to cover the installation of these items.
Approving this Agreement will allow M&I Bank to delay installation of these items until
October 31, 2010, except the watermain, which must be installed by October 31, 2009.
POLICY CONSIDERATIONS: The Council is not obligated to approve this Amendment, but
given the current state of the housing market, Staff has not identified any downside to delaying
these improvements.
M:\Public Data\Requests for Council Actions (RCA)\2009\02 17 2009 Legal - RCA (amended TL 6th Agree).doc
Agenda Item No. 8.eJ . a
Meeting Date February 17, 2009
Mayor and Council Communication — February 2, 2009
Legal — Towne Lakes 6th PUD Amendment
Page 2 of 2
FINANCIAL CONSIDERATIONS: There are no financial considerations since the City has a
letter of credit to cover the costs of installation of all of the required improvements.
LEGAL CONSIDERATIONS: The Amended Development Agreement only modifies the
timing of construction of the municipal improvements and on- and off -site improvements. All
other aspects of the Developer's Agreement remain unchanged.
Resp tfull submitted,
cv �
Larry R se
City Administrator
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: Amendment to Planned Unit Development Agreement Towne Lakes 6th Addition
M:\Public Data\Requests for Council Actions (RCA)\2009\02 17 2009 Legal - RCA (amended TL 6th Agree).doc Agenda Item No. 8.eJT
.Q
Meeting Date February 17, 2009
CITY OF ALBERTVILLE
AMENDMENT TO PLANNED UNIT
DEVELOPMENT AGREEMENT
TOWNE LAKES 6' ADDITION
WHEREAS, the City of Albertville ("City"), a Minnesota municipal corporation, and
Contractor Property Developers Company ("Developer"), entered into an Agreement titled
"Planned Unit Development Agreement Towne Lakes 61b Addition" ("Developer's Agreement")
dated September 7, 2005 and recorded as document number 1003634 at the Wright County
Recorder's Office, Wright County, Minnesota; and
WHEREAS, Developer is no longer the owner or developer of the real property
described in the Developer's Agreement; and
WHEREAS, M&I Bank ("M&I") is now fee owner of much of the real property
described in the Developer's Agreement; and
WHEREAS, M&I seeks to extend the completion dates for the municipal and on- and
off -site improvements as laid out by the Developer's Agreement; and
WHEREAS, M&I has renewed the letter of credit as required by the Developer's
Agreement, and has worked with the City to monitor and market the property; and
WHEREAS, M&I acknowledges that the Development Agreement is enforceable against
the property and that the letter of credit must remain intact until all improvements are completed;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein set forth, as follows:
M:\Public Data\Development Agreements\2009 TL 6 Amended -Dev Agree l (MC).doc
Agenda Item No. S.J.
Meeting Date February 17, 2009
1
39
Towne Lakes 6 h Planned Unit Development Amendment
Page 2 of 4
1. Municipal Improvements. Paragraph 3A of the Developer's Agreement is modified to
read as follows:
"The Developer shall construct those Municipal Improvements located on and off
Said Plat as detailed in the Plans and Specifications for Towne Lakes Sixth
Addition, as prepared by Westwood Professional Services dated February 8, 2005
and revised March 15, 2005 and on file with the City Clerk, said improvements to
include installation of bituminous street, curb and gutter, sidewalks, water mains,
sanitary and storm sewers, storm water ponding and site grading, and trails. All
such improvements shall be constructed according to the standards adopted by the
City, along with all items required by the City Engineer. Said improvements shall
be installed by October 31, 2010."
2. Trunk Sewer and Water. Paragraph 3B of the Developer's Agreement is modified to
read as follows:
"Developer shall construct, by October 31, 2009 and at Developer's expense, a
municipal water line extension easterly through Outlot B to the eastern lot line of
Outlot B in a location approved by the City Engineer. The design of said municipal
water line extensions shall be approved by the City Engineer. Developer shall
provide the City, at no cost to the City, with a permanent drainage and utility
easement over all of Outlot B. At the time of final platting of Outlot B into
numbered lots and blocks, the City shall release that portion of the permanent
easement which is not needed to support the line extensions consistent with the
Utility Plans approved for the Development.
3. On- and Off -Site Improvements. Paragraph 4A of the Developer's Agreement is
modified to read as follows:
"Developer shall construct all on- and off -site improvements including installation
of paved streets, curb and gutter, boulevards, street signs, traffic signs, yard top soil,
sod and seed in all yards, landscaping, grading control per lot, bituminous or
concrete driveways and parking lots, drainage swales, berming, and like items as
necessary, street cleanup during project development, and erosion control, all as
required by City ordinance. Front, side and portions of the back yards of residential
lots shall be sodded in accordance with the Residential Development Standards as
on file with the City Administrator's Office. Those portions of the yards not
required to be sodded may be seeded with grass seed or sodded. In all cases
permanent turf or grass must be established over all areas of the lot not covered by a
hard or impervious surface. The Developer shall guarantee that all new plantings
shall survive for two full years from the time the planting has been completed or will
be replaced at the expense of the Developer. Said on- and off -site improvements
shall be installed no later than October 31, 2010, with the exception of erosion
control, drainage swales and berming, which shall be installed upon initial grading
of Said Plat, and except that the driveways and sod need not be installed in a lot until
M:\Public Data\Development Agreements\2009 TL 6 Amended -Dev Agree 1 (MC). doe
Agenda Item No. &J . c
Meeting Date February 17, 2009
Towne Lakes 61h Planned Unit Development Amendment
Page 3 of 4
that lot is developed (provided adequate ground cover has been established prior to
the development of such lot)."
4. Developer's Agreement. Except as specifically altered by this Amendment, the terms of
the Developer's Agreement shall remain in full force and effect for the properties in
Towne Lakes 6th Addition.
Dated this day of , 2009.
CITY OF ALBERTVILLE,
By
Its Mayor
By
Its Clerk
M&I BANK
Its:
By: M&I Bank
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2009, by Ron Klecker as Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
Notary Public
M:\Public Data\Development Agreements\2009 TL 6 Amended -Dev Agree 1 (MC).doc
Agenda Item No. B.K,
Meeting Date February 17, 2009
41
Towne Lakes 6th Planned Unit Development Amendment
Page 4 of 4
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2009, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City Council.
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
The foregoing instrument was
2009, by
DRAFTED BY:
Couri, MacArthur & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
Notary Public
acknowledged before me this
as
of M&I Bank, on behalf of M&I Bank.
Notary Public
M:\Public Data\Development Agreements\2009 TL 6 Amended -Dev Agree I (MC).doc
day of
Agenda Item No. 8.J.0'�
Meeting Date February 17, 2009
42
To: Larry Kruse, City Administrator; Albertville City Council
From: Mike Couri
Date: February 2, 2009
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• Highway 19 South Improvement. Trial on the Psyk appeal is nearly complete.
Psyk has put his case into evidence as have we. Our appraiser, Bill Waytas
testified on January 91h and was finished with direct examination by late morning.
Unfortunately, Mr. Psyk's attorney cross examined Mr. Waytas for the remainder
of the morning and all afternoon, conveniently leaving no time for Psyk's
appraiser to return to the stand in rebuttal on the same day. The Court has
continued the trial until April 20th (the first day this judge has open), which we
expect to last no more than one morning as Psyk's appraiser returns to the stand
and we make closing arguments to the Judge. Leuer's appeal remains scheduled
for trial beginning on April 2na
XCEL and Wrijlht Hennepin Franchise Agreement. I am waiting on Xcel to
send back a revision of the franchise tax language that Xcel is working on. Once
this language is complete, I expect that this agreement will be ready to go to
Council for approval. I received comments back from Wright Hennepin and am
working with them on their proposed changes.
• Albertville Marketplace. The second amended developer's agreement has been
signed and the letter of credit reduced accordingly.
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8 j Attorney Report 15, February 17, 2009.doc
Agenda Item No. 8. J .1
Meeting Date February 17, 2009
43
Couri, MacArthur, Ruppe LLP
Page 2 of 3
• Prairie Run. I have heard from Gold Key's attorney —he is working on a plan
for addressing the private street maintenance but had been having trouble
determining the owner of one of the foreclosed properties. He will be contacting
me within the next few weeks to let me know how they will proceed.
• TIF Districts. Bertha Fehn has looked for any information related to the TIF
and has been unable to find any to date. She is still looking and should be getting
back to me this week after having checked all possible sources. I am working with
Albert Barthel to have the Barhtels double check for any documentation.
• Towne Lakes 61h Addition. Hennen's attorney has served the City with a
declaratory judgment action similar to the Hunters Pass/S.J. Louis litigation.
Hennen is asking the City to draw on the letter of credit and pay Hennen in the
event the court rules that the City has the authority to do so. Alliance Bank (the
letter of credit issuer) has opposed Hennen's request, which virtually guarantees
that this case will end up before the Court. I would like to discuss this with the
Council in closed session at the February 17th meeting to determine how the City
would like to respond to this case. In the meantime, Alliance Bank has reissued its
letter of credit for another year.
• Towne Lakes Water Bill. The agreement to have Scherer Brothers pay the
$19,000 in water bills in exchange for the City releasing Scherer Brothers
remaining 5 lots from financial liability has been reviewed by Scherer Brothers'
attorney. She has requested clarifications to the developer's agreement, which I
have prepared and sent to her last week. I have not heard back from her yet, but
will follow up later this week.
• Niemeyer Trailer Sales. I spoke with Niemeyer's attorney regarding her
suggested changes to the developer's agreement. We are revising the agreement
now and expect to meet sometime in mid -February to finalize the agreement.
• LaBeaux Station. The revised LaBeaux Station developer's agreement has been
returned. I have sent out the consent form for the bank to sign and am waiting for
it to be returned.
• Parkside Commercial. I will be sending the revised Developer's Agreement to
the Developer for signature shortly.
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8 j Attorney Report 15, February 17, 2009.doc
Agenda Item No. 8.t/ 3.
Meeting Date February 17, 2009
Couri, MacArthur, Ruppe LLP
Page 3 of 3
• Hoey Sign Relocation Compensation. I have briefly looked at the Federal
Highway Administration's interpretation of its landlord/tenant relocation rules as
they relate to Hoey, but have not completed my review of this issue. We have
talked briefly with Gerhardt Knechtl, and understand that he did not forward the
intended relocation compensation to Hoey. Mr. Knechtl is on vacation at this time
and will speak with us again after he has a chance to review the paperwork upon
his return, which should be in the next two weeks. One possible course of action
is to see if we can get Mr. Knechtl to forward the money to Hoey and Hoey to
agree that it accepts the money in full compensation for its relocation costs.
M:\Public Data\City Council\Council Packet information\2009\02-17-09 (Tue)\02 17 2009 8 j Attorney Report 15, February 17, 2009.doc
Agenda Item No. 8.y .
Meeting Date February 17, 2009
45
Albertville
SmaY Town wbm. Me 43W Ills.
Mayor and Council Communication
February 12, 2009
SUBJECT: ADMINISTRATION -SUNRISE PLUMBING/C J'S LAUNDROMAT, 11135 61ST ST NE
# A, ALBERTVILLE MINNESOTA, PID# 101033002020
RECOMMENDATION: It is respectfully requested the Mayor and Council consider the
following motion:
Motion to forgive CJ's Laundry (M & J Properties, LLC property owner) utility bill by
$2,748.58 for Albertville's portion of the water bill and $11,993.93 for Albertville's sewer bill
for a total of $14,742.51 resulting from a meter reading error in the City's billing system dating
back to discussion held in 2007.
BACKGROUND: When installing a new remote radio read water meter, the City discovered a
meter reading error in C J's Laundromat, (M & J Properties) Utility Bill. The reading was one
decimal place off, thus the account was under billed for the past eleven years. Earlier, the council
reviewed information that staff brought forward and tabled any decision on the account until
after the Joint Powers Board took action. Following this, a committee again met with Mr.
Savitski and Mr. Jones and again tabled any decision. Staff is now bringing this forward for
council consideration.
Historically Albertville's policy in cases like this is to go back one year and allow the account
owner to make payments without interest or penalty. Prior balances would be forgiven. The City
is installing new remote reading meter throughout the City and occasionally City staff deals with
a limited number of accounts that have similar problems. As a matter of routine business staff
meets with customers and makes arrangement for payments. This account is unusual in that it is
Albertville largest account and the meter error is so large.
On Monday, August 27, 2007, the Joint Powers Board met and our understanding is the Board
was sympathetic to the situation but felt they were already waiving as much as $50,000 in water
fees over the years. Legally, state statute says that for errors the statute of limitation applies (6
years). However, the Board is sympathetic to the situation and wants to be as fair as possible.
They are requiring staff to go back one year for the Joint Powers portion and will allow the
customer up to two full years to pay it without any penalties or interest. The one year bill is as
follows:
Albertville Water
$2,748.58
Albertville Sewer
$11,993.93
JP Water
$8,183.18
MN Sales Tax
$531.92
Total bill
$23,457.61
M:\Public Data\Requests for Council Actions (RCA)\2009\02 1709 Admin - RCA (M and J Laundry Utility Bill).doc
Agenda Item No. XA.
Meeting Date February 17, 2009
V.
Mayor and Council Communication — February 12, 2009
Administration — CJ's Laundromat Utility Bill
Page 2 of 2
KEY ISSUES:
• CJ's Laundromat owner John Jones has stated his business can not afford to pay any back
billing and may not be able to stay in business with Albertville's current rate structure.
• CJ's is a renter and the ultimate responsible party if Mr. Jones does not pay is the
building owner M & J Properties, LLC.
• Historically, when errors are found, the City has goes back one year.
• CJ's Laundromat can not go back and collect revenue from past customers, or adjust rates
for water that has already been consumed.
POLICY CONSIDERATIONS: The City's current policy is to go back one year and allow the
customer to make payments. If the Council determines this bill represents a unique situation, it
will not create precedence in how future billing errors are handled as the Council has the
discretion to handle these issues on a case by case basis.
FINANCIAL CONSIDERATIONS: Past practice would indicate CJ's Laundromat (M & J
Properties, LLC) are responsible to make arrangement to pay the outstanding bill or have it
assessed to the property taxes. Being this transaction happened in 2007, it would not affect the
2009 Utility Budget, but would reduce receivables by the $14,742.51.
LEGAL CONSIDERATIONS: The City has the legal authority to certify delinquent utility
bills to the Wright County Auditor for collection through the property tax system. In November,
City staff brings forward a list of delinquent accounts for certification and the Council holds a
public hearing on the matter. Following the public hearing, the Council can make adjustments
and/or certify the entire amount to be assessed against the property. The City Council also has
the authority to write off delinquent accounts or make any necessary adjustments it deems
necessary.
Res ctFinistrator
Larry
City A
Department/Responsible Person: Administration/Larry Kruse, City Administrator
Attachments: None
M:\Public Data\Requests for Council Actions (RCA)\2009\02 1709 Admin - RCA (M and J Laundry Utility Bill).doc
Agenda Item No. XA.
Meeting Date February 17, 2009
21
A\1bertvijle Mayor and Council Communication
S-cM T� wuw. ok caw Ur..
February 12, 2009
SUBJECT: ADMINISTRATION - CITY NEWSLETTER — GOING FROM PRINTED AND MAILED
VERSION TO ONE PUBLISHED ON THE WEB AND E-MAILED TO THOSE ON AN E-MAIL LIST
RECOMMENDATION: It is respectfully requested the Mayor and Council consider the
following motion:
Motion to direct staff to discontinue bulk printing and mailing of the newsletter and to instead go
to publishing a monthly newsletter on the City's web -site and electronic dispersion (email) to
those who request to be on an email list.
BACKGROUND: The City annually sends out six to eight editions of a city-wide newsletter to
educate and inform residents about City issues. In 2008, the City had seven mailings at a cost of
$5,631.17. In 2009, the City has budgeted of $6500, which includes printing and mailing. With
recent losses in the City's property equalization aid, staff recommends going to an electronic
version to save money.
KEY ISSUES:
A newsletter published on the web will not reach households and businesses that do not
have internet access.
Assuming enough staffing, it may be possible to generate a monthly newsletter instead of
the current bi-monthly schedule.
Individuals and businesses can request to get on an email list whereby the publication is
emailed.
POLICY/PRACTICES CONSIDERATIONS: N/A
FINANCIAL CONSIDERATIONS: Potentially, $6,500 can be saved by going to the
electronic version.
LEGAL CONSIDERATIONS: The City Council is not obligated to publish a City newsletter.
Publication and distribution of a newsletter is at the discretion of the City Council.
Respectfully Submitted
LLse
City Administrator
Department/Responsible Person: Larry Kruse, City Administrator
Attachments: None
M:\Public Data\Requests for Council Actions (RCA)\2009\02 1709 Admin - Newsletter Mailed to electronic version RCA.doc
Agenda Item No. 8.K.2.
Meeting Date February 17, 2009
A,bertville
SnicM Taum urrq. Big at, ML
MEMORANDUM
Date: February 12, 2009
To: City Council
From: Larry R. Kruse, City Administrator
Re: General Update
BUDGET
Staff has been discussing strategies to cut expenses and enhance revenues to make up the loss of
State Aid. Over the next few months, a number of recommendations will be coming forward
such as the RCA in your Council packet to go from a mailed newsletter to an electronic version.
In the office, Building Technician Leonhardt has been assisting the Finance Department with the
annual audit work and the City Clerk Department consuming approximately one-third of her
time. All Departments have been asked to limit overtime only to essential functions and
emergencies. January's lack of snow has provided some relief to the snow removal budget.
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.
FYCC FUNDING
Superintendent Ziegler, City Administrator Derus and I have been meeting to identify a plan to
manage the Park and Recreation and Community Programming with the assumption that Federal
Funding will end in June. There is nothing formal to report at this time other than we are
exploring options from wrapping it into Community Education to the City's handling those
duties on our own.
I-94 PROJECT
The contract with the Tinklenberg Group has been signed and we will continue to seek Federal
Funding for the west -bound portion of the I-94 Project. Requests for proposals to complete final
design are out to four firms, with responses scheduled for late February.
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
M_\Public Data\City Administrator\2009\02-17-2009 City Admin Report.doc
Agenda Item No. O. K.3.
Meeting Date February 17, 2009
51
Mayor and Council Communication — February 12, 2009
Administrator — Written Report
Page 2 of 2
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.
5975 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. In the meantime, their building lease contract is up for renewal and they
have requested continuing the current contract with a 90 day exit notification.
ARENA FEASIBILITY REPORT
We continue to work with ARY to complete the Arena Feasibility Study. At the last meeting
several options were presented to scale the project back. Our primary focus right now is to work
with the Ballard King and Associates to refine the financial feasibility report.
M:\Public Data\City Administrator\2009\02-17-2009 City Admin Report.doc
Agenda Item No. 8.K.3.
Meeting Date February 17, 2009
52
STATE OF MINNESOTA
COUNTY OF WRIGHT
Hennen Construction Co.
DISTRICT COURT
TENTH JUDICIAL DISTRICT
File No:
Plaintiff,
V.
AMENDED
Contractor Property Developers Company, a COMPLAINT
Minnesota corporation; Alliance Bank, a
corporation; and City of Albertville,
a Minnesota municipal corporation,
Defendants.
Plaintiff Hennen Construction Co., as and for its amended Complaint, alleges as
follows:
PARTIES
1. Plaintiff Hennen Construction Co. (hereafter "Plaintiff') is and was a duly
organized and existing Minnesota corporation with its principal place of business located
at 2128 196th Street East, Clearwater, MN 55320.
2. Upon information and belief, Defendant Contractor Property Developers
Company (hereafter "CPDC") is a Minnesota corporation with its principal place of
business at 3030 Centre Pointe Drive, #800, Roseville, MN 55113.
3. Upon information and belief, Defendant Alliance Bank (hereafter
"Alliance") is a Minnesota corporation with its principal place of business at 55 East
Fifth Street, S. 115, St. Paul, MN 55101.
4. Defendant City of Albertville (hereafter "City") is a Minnesota municipal
corporation with its city hall located at 5979 Main Avenue NE, Albertville, Minnesota
JURISDICTION AND VENUE
5. This Court has jurisdiction over this matter pursuant to Minn. Stat. Section
44.01, which grants general jurisdiction over claims of this type to this Court.
6. Venue is appropriate in this Court pursuant to Minn. Stat. Section 542.01
because the Defendants conducted business in the loth Judicial District and Wright
County is the county in which the work under the contract was performed.
FACTUAL ALLEGATIONS
7. On or about September 7, 2005, CPDC and the City entered into a contract
entitled "City of Albertville Planned Unit Development Agreement Towne Lakes 6th
Addition" (hereafter "Development Agreement") concerning development of that
property located in Wright County, Minnesota, legally described as Lots 1 through 44,
Block 1; Lots 1 through 5, Block 2; Outlot A and Outlot B, Towne Lakes Sixth Addition,
County of Wright, State of Minnesota (hereafter "Property")
8. Pursuant to Section 6.A. of the Development Agreement, Defendant CPDC
agreed to provide the City with an irrevocable letter of credit as security that obligations
of Defendant CPDC under the Development Agreement would be performed.
9. Pursuant to Section 6.B. of the Development Agreement the City has the
right to draw on the Letter of Credit to, among other things, fulfill the obligations of
Defendant CPDC under the Development Agreement.
10. Section 3.E. of the Development -Agreement provides in relevant part that
the City has the right to draw on the Letter of Credit to pay any contractors who
performed work on any municipal improvements whom Defendant CPDC failed to fully
pay for performance of their work in the development of the Property.
11. On or about December 20, 2005, Defendant Alliance established an
irrevocable letter of credit No. 6512-117 in favor of the City (hereafter the "Letter of
Credit") for the account of Defendant CPDC in the aggregate amount of $652,408.00.
The Letter of Credit was given to insure the performance of Defendant CPDC's
obligations to the City under the Development Agreement. The maturity date of the
Letter of Credit is December 20, 2008. A true and correct copy of the Letter of Credit
and Defendant Alliance's letter dated December 21, 2007 extending the maturity date of
the Letter of Credit until December 20, 2008 is attached hereto as Exhibit A, and its terms
are incorporated herein by this reference.
12. On or about September 21, 2005, Defendant CPDC entered into a contract
with Plaintiff entitled "Agreement Between Owner and Contractor on the Basis of a
Stipulated Price" (hereafter the "Contract"). The terms of the Contract are incorporated
herein by reference. A true and correct copy of the Contract is attached hereto as Exhibit
B and its terms are incorporated herein by reference.
13. Pursuant to Article 1 of the Contract, Plaintiff was to furnish all the
materials and equipment and perform all of the work described as Utilities and Streets for
the development of the Property.
14. Pursuant to the Contract, Defendant CPDC agreed to pay Plaintiff for the
work performed by Plaintiff for the development of the Property.
15. On or about August 24, 2007, Plaintiff satisfactorily completed all of its
work under the Contract.
16. The agreed price and fair and reasonable value of the work provided by
Plaintiff which is presently due and owed by Defendant CPDC is $89,938.82 plus
reasonable interest from August 25, 2007 until paid.
17. Defendant CPDC has made no complaint regarding a deficiency of
Plaintiff's work under the Contract, but has refused or otherwise failed to make final
payment under the Contract and the principal sum of $89,938.82 is due and owing to
Plaintiff.
COUNT ONE — BREACH OF CONTRACT WITH CPDC
18. Plaintiff realleges and incorporated by reference the allegations contained
in the preceding paragraphs.
19. Defendant CPDC entered into the Contract with Plaintiff whereby Plaintiff
agreed to furnish all the materials, equipment, and perform all the work described as
utilities and streets for the improvement of the Property, and which resulted in
improvements to the Property. Plaintiff has satisfied and fulfilled its contractual
obligations to Defendant CPDC.
20. Defendant CPDC breached the contract with Plaintiff by not compensating
Plaintiff as required under the contract for the materials, equipment and work furnished
and performed by Plaintiff.
21. As a direct and proximate result of Defendant CPDC's breach of the
Contract, Plaintiff has been damaged in the amount of $89,938.82, plus accumulated
reasonable interest as of August 25, 2007, costs, disbursements and attorney fees.
22. Plaintiff is entitled to judgment against Defendant CPDC for $89,938.82,
plus reasonable interest accrued as of August 25, 2007, costs, disbursements and attorney
fees.
COUNT TWO — ACCOUNT STATED
23. Plaintiff realleges and incorporates by reference the allegations contained in
the preceding paragraphs.
24. Defendant CPDC had a running account with Plaintiff listing the work
performed and materials furnished by Plaintiff.
owed.
25. Plaintiff sent billing statements to Defendant CPDC indicating the amounts
26. Defendant CPDC has not objected to any of Plaintiff's billing statements,
or Plaintiff's accounting of the running account with Plaintiff.
27. Defendant CPDC retained Plaintiff's billing statements for more than a
reasonable amount of time without raising any objection. Therefore, an account has been
stated between Plaintiff and Defendant CPDC. Plaintiff is therefore entitled to judgment
against Defendant CPDC for $89,938.82 plus reasonable interest as of August 25, 2007,
costs, disbursements and attorney fees.
COUNT THREE — THIRD PARTY BENEFICIARY
28. Plaintiff realleges and incorporates by reference the allegations contained in
the preceding paragraphs.
29. Plaintiff, as a contractor, performed work on Municipal Improvements as
defined by the Development Agreement, as a third party beneficiary to the Development
Agreement.
30. Pursuant to Section 6.13. of the Development Agreement, the City may
draw on the Letter of Credit to otherwise fulfill the obligations of Defendant CPDC under
the Development Agreement. Plaintiff is an unpaid contractor.
31. Defendant City refuses, or otherwise has failed, to draw on the Letter of
Credit for a specific purpose as identified in said Section 6.C. of the Development
without first receiving a court order authorizing such action.
32. Plaintiff is an intended third party beneficiary of the Development
Agreement and will be the recipient of the funds drawn by the City against the Letter of
Credit to fulfill the obligations of Defendant CPDC under the Development Agreement.
33. Plaintiff requests that this Court invoke its power to interpret contractual
rights and obligations, and find that the City is permitted, and order the City, to draw
against the Letter of Credit security for the payment of Plaintiffs work performed on the
Municipal Improvements identified in the Development Agreement.
WHEREFORE, Plaintiff requests judgment of the Court against Defendants as
follows.
1. On Count One, judgment against Defendant CPDC for the principal amount
of $89,938.82, together with reasonable interest as of August 25, 2007, costs and attorney
fees.
2. On Count Two, Judgment against Defendant CPDC for the Principal
amount of $89,938.82, together with reasonable interest as of August 25, 2007, costs and
attorney fees.
3. On Count Three, for a Declaration that Plaintiff is entitled to $89,938.82,
together with reasonable interest as of August 25, 2007 plus costs, disbursements and
attorney fees, to be drawn from the Letter of Credit, and ordering the City to draw upon
the Letter of Credit for said purpose.
Dated:
4. Awarding any other relief the Court may deem just and equitable.
Gries & Lenhardt, P.L.L.P.
By:
David J. Lenhardt (62169)
12725 43rd Street NE, S. 201
St. Michael, MN 55376
Telephone: 763-497-3099
Attorney for Plaintiff Hennen Construction Co.
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements, and reasonable
attorney and witness fees may be awarded pursuant to Minn. Stat. Sec. 549.211, subd. 2.
David J. Lenhardt