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2009-03-16 CC PacketNtvi11e City of Albertville Council Agenda b�r MARCH 16, 2009 7:00 PM isted PUBLIC COMMENTS -The City of Albertville welcomes nd encourages public hearings areslcheduled asic input on lsuchsslo that on the agenda or of general community interest. Advertised p the public is afforded an opportunity to speak• Citizens ishing to s shouldandicate so and will be afforded an ddress the Mayor and Council regarding specific agenda items, other than publichearings opportunity during the discussion of said item, Council llling and athattime did not include ian opportunity to ens wishing to speak on matters not listed on the agenda (or items on the agenda speak) are always afforded the opportunity to do so underantizens e limited to five (5) minutes lIn usually scheduled at the beginning and end of the agenda. Presentations 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. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. MINUTES A. Approve Monday, March 2, 2009 regular City Council minutes (pgs. 1-14 7. W CONSENT AGENDA All items with an asterisk (0) are considered to be routine 1 be discussion of these terns unless a enacted by one motion. There will be no separate 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 to Parks Comm. (pg• 15) 8.C.1. Public Works Department — Appointmentpt — Monthly Report s.17-19 8.D.1. Building DSemi-mo Semi-monthly Payment of Claims (bills) (pgs• 21-27) 8.E.1. Finance 9) 8.F.1. City Clerk — One -Day Liquor License (pork chop dinner) (pg. 2 0 8,F,2. City Clerk — One -Day Liquor License (Scherber Benefit) (pg. 31) 8, DEPARTMENT BUSINESS A. Fire Department B. Utilities Department (WWTP) City of Albertville Council Agenda March 16, 2009 Page 2 of 5 C. Public Works Department 1). 0 Accept the Parks and Recreation Committee's recommendation to appoint LeRoy Berning who resides at 10514 Karston Avenue NE in Albertville to fill the vacant Albertville Parks and Recreation Committee position previous held by Denise Prow effective immediately (pg. 15) D. Building Department 1). 0 Accept the Building Official's Report dated March 5, 2009 (pgs. 17-19) E. Finance Department 1). 0 Authorizing the Monday, March 16, 2009 payment of the claims that includes check numbers 026782 to 026826 as presented except the bills specifically pulled, which will require a separate discussed and a motion made approving all checks (pgs. 21-27) F. City Clerk 1). 0 Approve a One -Day 3.2% Malt Liquor License applications submitted by the Albertville Lions for an Fund Raiser to be held at St. Albert Parish Center on Saturday, March 28, 2009 from 2:00 p.m. to 1:00 a.m. (pg. 29) 2). 0 Approve a One -Day 3.2% Malt Liquor License application that has been submitted by the Albertville Lions for a Pork Chop Dinner to be held at St. Albert Parish Center on Saturday, April 18, 2009 from 4:00 p.m. to 8:00 p.m. (pg. 31) 3). Approve or Deny the Renewal of the Annual Liquor Licenses for the following: (pgs. 33-34) a. 2009-2010 Off -Sale 3.2% Malt Beverage Liquor License to Coborn's Grocery Store b. 2009-2010 Off -Sale Intoxicating Liquor License to Westside Liquor, Inc. for Westside Liquor Store C. 2009-2010 Off -Sale Intoxicating Liquor License to Hackenmueller's Inc. for Hack's Liquor d. 2009-2010 Off -Sale Intoxicating Liquor License to Coborn's Liquor Store e. 2009-2010 Off -Sale Intoxicating Liquor License to C.L. Gentile Inc. for Geez Sports Bar & Grill; and, 2009-2010 On -Sale Intoxicating Liquor License to C.L. Gentile Inc. or Geez Sports Bar & Grill; and, 2009- 2010 Special Sunday Liquor License to C.L. Gentile Inc. for Geez Sports Bar & Grill E 2009-2010 On -Sale Intoxicating Liquor License to D. Michael B's II Inc. for D. Michael B's; and, 2009-2010 Special Sunday Liquor License to D. Michael B's II Inc. for D. Michael B's g. 2009-2010 On -Sale Intoxicating Liquor License to Northwest Metro Restaurant Ventures LLC for Majors Sports Cafe; and, 2009-2010 Special MAPublic Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 1-A Agenda.doc Meeting Date: March 16, 2009 City of Albertville Council Agenda March 16, 2009 Page 3 of 5 Sunday Liquor License to Northwest Metro Restaurant Ventures LLC Majors Sports Cafe h. 2009-2010 On -Sale Intoxicating Liquor License to Cosmic Foods for Space Aliens Bar & Grill; and, 2009-2010 Special Sunday Liquor License to Cosmic Foods for Space Aliens Bar & Grill i. 2009-2010 On -Sale Intoxicating Liquor License to Rancho Grande Inc. for Rancho Grande; and, 2009-2010 Special Sunday Liquor License to Rancho Grande Inc. for Rancho Grande j. 2009-2010 On -Sale Intoxicating Liquor License to Cedar Creek Golf Course LLC for Cedar Creek Golf Course; and, 2009-2010 Special Sunday Liquor License to Cedar Creek Golf Course LLC for Cedar Greek Golf Course k. 2009-2010 On -Sale Wine License to Hong Thai Inc. for Hong Thai; and, 2009-2010 On -Sale 3.2% Malt Beverage License to Hong Thai Inc. for Hong Thai G. City Council 1). Oral Update on the STMA Ice Arena Board meeting (Tom Fay and/or Larry Sorensen) 2). Oral Update on the Planning and Zoning Commission meeting (Dan Wagner) H. Planning and Zoning 1). Approve Ordinance No. 2009-006 OPTION TWO entitled an Ordinance amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to accessory building regulations, 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. 35-44) I. Engineering J. Legal 1). REVIEW the Preliminary Assessment Roll for improvements to the Albert Villas 6th Addition; which includes Special Assessments in the amount of approximately $45,000 against twenty-nine (29) undeveloped lots in Albert Villas 6th Addition, all of which are owned by Lakeland Construction Finance, LLC, for the cost of completing punch list items (pgs. 45-48) K. Administration 1). Renew InFIT Training LLC Lease of 5975 Main Avenue NE, (pgs. 49-50) 2). I-94 Westbound Collector Distributor Final Design Proposals (pgs. 51-53, plus 3 consultant proposals): 3). City Administrator's Written Report dated March 12, 2009 (pgs. 55-60) M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 1-A Agenda.doc Meeting Date: March 16, 2009 City of Albertville Council Agenda March 16, 2009 Page 4 of 5 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS March 2009 23 6:00 p.m. Joint Powers Water Board meeting (possibly re -scheduled) 30 7:00 p.m. Cities of Albertville & St. Michael and STMA School Board Joint Workshop (STMA School Board Room) 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) May 2009 4 7:00 p.m. City Council meeting 11 6:00 p.m. STMA Ice Arena Board meeting 12 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 26 7:00 p.m. Committee of the Whole Workshop (cancelled) June 2009 1 7:00 p.m. City Council meeting 8 6:00 p.m. STMA Ice Arena Board meeting 9 7:00 p.m. Planning and Zoning Commission meeting 11-14 varies Albertville Friendly City Days 12 5:00 p.m. Albertville vs. St. Michael friendly challenge (tentative) 14 1:30 p.m. Albertville FCD Grande Day Parade 15 7:00 p.m. City Council meeting 22 6:00 p.m. Joint Powers Water Board meeting 29 7:00 p.m. Committee of the Whole Workshop (tentative) 11. MOTION TO CLOSE THE REGULAR CITY COUNCIL MEETING TO GO INTO A CLOSED SESSION (5 minute recess to clear Council Chamber) M:\Public Data\City Council\Council Packet infonnation\2009\03-16-09\03 16 2009 1-A Agenda.doc Meeting Date: March 16, 2009 City of Albertville Council Agenda March 16, 2009 Page 5 of 5 12. CLOSED SESSION A. Discuss the Lawsuit - City of Albertville vs. SEH — update City Council on Mediation 13. MOTION TO RECONVENE THE REGULAR CITY COUNCIL MEETING 14. MOTION TO TAKE ACTION ON CLOSED SESSION DISCUSSION IF NECESSARY 15. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 1-A Agenda.doc Meeting Date: March 16, 2009 A1bcrtvijjc Mayor and Council Communication smd i� WWI;. a% 0tv uf. March 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, March 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 designates the City Clerk as the routine person to attend the regular City Council meetings and 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: • Approve the minutes that have been prepared by the individual that served as the Recording Secretary during the regular City Council meeting as presented in the Council packet. POLICY/PRACTICES CONSIDERATIONS: It is 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, r Larry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: March 2, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 4-A City Council minutes.doc Agenda Item No. 6. Meeting Date March 16, 2009 A�Ibcrtvillc a,w. T, Lh*bll�. 09 Cty un.. ALBERTVILLE CITY COUNCIL MARCH 2, 2009 MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE — CALL TO ORDER Mayor Klecker called the Albertville City Council Girl Scouts present to come to the front of the Cou Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council m John Vetsch, City Attorney Mike Couri City Nafstad City AdministratorLarry Kruse, Fin Miller ABSENT: none Others Sheriff NS — PRESENTATIONS — to order at 7:00 lead in the 7:00 PM asked the ae'of ay, Dan Wagner, Larry Sorensen, and Pxius, Assistant City Engineer Adam Tina Lannes, and City Clerk Bridget ial Jon Sutherland, and Wright County PROCLAMATION ... PROCLAIMING MARCH S, 2009 TO MARCH 14, 2009 AS GIRL SCOUT WEEK Mayor Klecker acknowledged the Girl Scouts that were present along with the Girl Scout Leaders and parents. Klecker then informed the members that the City has prepared a Proclamation, which Klecker proceeded to read. Klecker informed the Leaders there were copies of the Proclamation to distribute among the troops. On behalf of the Albertville City Council, Klecker thanked the girls for a great job serving as a Girl Scout. Klecker wanted the girls to know how proud the City is to have young girls eager to learn and grow into strong women. Again, Klecker thanked the girls and leaders for attending the meeting and informed them they are more than welcome to stay or they could leave. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 City of Albertville City Council Minutes March 2, 2009 Page 2 of 13 MINUTES February 17, 2009 (Tuesday) regular City Council minutes Mayor Klecker inquired if the Council wanted any changes to the February 17, 2009 (Tuesday) regular City Council minutes. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Tuesday, February 17, 2009 regular City Council minutes as present, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the officral copy TMotion carried unanimously. 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 none,in the audience that wanted to discuss an item that was not on the agend SNOWMOBILE CONCERNS — ISSUES 'PROBLEM$ Mayor Klecker began by staling he„asked to pub the subject of snowmobiles on the agenda. Klecker reported that this year seems to have beets busier than the past couple years with the number of complaints4%. ding sh obilers m Albertville. Mayor Klecker acknowledged that there were members from`zitFoxtilers. Snowmobil'Club present in the audience to discuss the concern. Kleckex asked the`rrtel ersieTlpr assistance or help in policing the snowmobilers by passing s tan to the rest. Leumg'know that the City has been receiving a number t complamts' lnd>vtls driving on private property. Klecker informed the W mertk present to let the er snov c bfilers know that it is against the City Code to drive or �_ ride on ptt'�qt property.� Foxtailer mem 5,16'm ohn Bernie responded by recommending the resident put up signs 11 prohibiting snowrnnhlers frrim traveling on their property. Berning agreed and knew it was against the City Ora aa3 o drive on private property. It is only allowed on city side streets that are in direct route Wa regular snowmobile trail. City Administrator Kruse wanted it known that the City appreciates the Foxtailers Snowmobile Club and would like to work together to get the message out to the other members or, if possible, other general snowmobilers as to what the rules and regulations are within the Albertville city limits. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 3 City of Albertville City Council Minutes March 2, 2009 Page 3 of 13 Wright County Sheriff Deputy reiterated that the sheriff's office has received numerous calls about snowmobilers traveling throughout Albertville. It is sometimes difficult to track or catch the violator in the act. Foxtailer member Tom Berning brought to the Council's attention that there are probably 2,000 snowmobiles registered in Albertville, of which there is less than 100 that are members of the Foxtailers Snowmobile Club out of the 2,000 snowmobiles that are registered. Berning informed the Council that the Foxtailers do their best to teach snowmobile safetyto youth and other adults, which the Foxtailers could add the Albertville City Code Section that&rtans to the snowmobile regulations as a hand-out. Mayor Klecker thanked the Foxtailers for attending the meeting and they would give in regulating the snowmobile traffic thr90jjho1it All AMENDMENTS TO THE AGENDA Mayor Klecker asked the Council and staff if there were an City Council agenda. Klecker wanted to`'add_ Wright County of the agenda. MOTION BY Council member Sorensen, March 2, 2009 regular Albertville City Counc aecla as unanimously. CONSENT AGENDA the assistance vents to the March 2, 2009 under the Workshop portion r to approve the Monday, Motion carried 0 CON$FNT A'MDA All Itel with an asterisk) are deed to be routine in nature by the City Staff and will be W enacted' 'y one motion Theme yvill be oUseparate discussion of these items unless a Council member or ttzen so requests In such event, the item will be removed from the General Order R. of Business 6i nsidered m s normal sequence on the agenda. Mayor Klecker asks the council members or staff wished to pull any of the items from the March 2, 2009 Conse "A��enda. Council wanted to pull items 9.E.1. Authorize the Monday, March 2, 2009 Payment of Claims (bills) for check numbers 026750 to 026777 as presented except the bills specifically pulled, which are passed by separate motion; 9.11.1. Approve Ordinance No. 2009-005 entitled an Ordinance amending Section 500.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to grant a variance 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; and 9.K.1.. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 4 City of Albertville City Council Minutes March 2, 2009 Page 4 of 13 Direct staff to establish a uniform compensation for all standing boards - commissions - committees on a base rate per meeting attended effective immediately. Hearing the items that were pulled from the Consent Agenda, Klecker entertained a motion from the Council approving the Consent Agenda pulling the three (3) items, which will be discussed in the General Order of Business and a separate motion made. MOTION BY Council member Wagner, seconded by Council memberFay to approve the Monday, March 2, 2009 Consent Agenda pulling items 9.E.1., 9.H, end 9K.1., which the items will be removed from the Consent Agenda and considered in its normal sequence on the General Order of Business on the agenda and will require a separate moon lotion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT Fire Chief Mills thanked Council member Wagner for serving its Council support; and attending the quarterly Fire Department meetings. Mrlls event on to inform the Council that the Albertville Fire Department and Albertville Lions will be hosting.a Pork chop Dlnrier on Saturday, April 18 and will be held at the St. Albert Parish Center. Mills brought to the Councl's attention that the*ire Department is planning an Open House for Saturday, June 13 The` ire De"A ent would life to block off the far eastern entrance to the parking lot to allow for a helicoptbe present during the open house. Mills gave a brief, date on theirst`Ynp�ct�cn';'�which was the main reason for his attendance. Staff con nst�kthe&noutAandmg issues at various establishments by follow-up visits or F calls 4 �t ° N , . �a PUBLIC W0" DEPARTMEI no comments UTILITIES DEPART1VIEi "WWTP) — no comments BUILDING DEPARTMENT — no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 5 City of Albertville City Council Minutes March 2, 2009 Page 5of13 FINANCE DEPARTMENT Authorize the Monday, March 2, 2009 Payment of Claims (bills) for check numbers 026750 to 026777 as presented except the bills specifically pulled, which are passed by separate motion Council member Wagner inquired about check no. 026769 that was noted in the Key Issues of the report. Wagner wanted additional reasoning as to why the City was paying for the taxes and why didn't the vendor bill for the taxes. Finance Director reported that the vendor didn't include sales tax, , the park equipment that was purchased in 2008. Since the original purchase, the vendor was,-",,audr4edand was flagged for sales tax. Therefore, the vendor needed to correct the minor Wr of charging sales tax. Wagner questioned why the City should pay if it was Lannes stated that if the City did not accept the inre Apr the subject to being in error of our audit. If the unpaid invo>be vv would most likely result in paying the sales tax plus a penalty conclusion, if the City doesn't pay the saes tax now the City c twice during an audit. City Administrator Kruse added to the back other governmental entities were exempt frc legislation removing the exec t;<a making purchases. 's error. tax, then the Ci# would be 3vered durml; an audit it not paying the sales tax. In d end up paying the sales tax the fact that years ago Cities and `fin recent years, the State passed table for paying sales tax on Mayor Klecker asked if th were; a Iy other checks .for discussion; if not, would someone like to make a motion a t4orizing fhe 11-arch 2j 0{l a r ient of claims. The following motion was made. t MO"T.1.,,,BY Council mbnber Wagers seconded by Council member Sorensen to authorize the Moric�yVlarch 2, 2009 :uyment of Claims (bills) for check numbers 026750 to 026777 as G . presented, veh includes thll(s) that were specifically pulled and a separate discussion was held. The checill be sign6,d by the authorized personnel and scanned with supporting documents; the eIeoonically scanned version will be kept on file in the office of the Finance Director that will sere the City's official record. Motion carried unanimously. Accept the Finance Director's Monthly Report dated February 19, 2009 Finance Director Lannes reported that included in the packet are the 4th Quarter 2008 budget to actual finances. Lannes noted that both revenues and expenditures should be at 100%, which revenues are at 94.1% and expenses are at 82.8%. Lannes asked if the Council had any other questions or concerns regarding the Finance Report. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 6 City of Albertville City Council Minutes March 2, 2009 Page 6 of 13 CITY CLERK - no comments CITY COUNCIL Oral Update on the Joint Powers Water Board (JPWB) meeting (Tom Fay and or Ron Klecker) Mayor Klecker noted the basic portion of the meeting was normal dealt with Well No. 9 and how JPWB would be treating the water Well No. 9. JPWB Engineer reposted on how it will be sporadic: and to ensure its quality. PLANNING AND ZONING Approve Ordinance No. 2009-005 entitled an Ordinance ami of the Albertville Zoning Ordinance (Appendix A) of the 0011 relating to the number of Council votes needed to grant a vat copy will be printed and signed; the signed copy will be scan, will be kept on file in the office of the City Ciei and serve as Mayor Klecker acknowledged that Ordinance No. Agenda for discussion. \\ City Planner Brixius reported the reason for updal ; the original ordinance'`Wpp;,,,passed d adopted in 1? State Statutes to a majority dote off -hp Qouncil; the bringing the qqg; gip, compli' with SW*atute Fo No. 2009-0 votes neect,to grant a MOTION BYyor 1 2009-005 entitled`?` Ordinance (Append a. the was Majority of the time ng to be stored in to meet the standards Section 500.2 procedures) rtville Municipal City Code as presented, which a final he electronic scanned version �cial record from the Consent the Albertville City Code was the fact that Z... Since then, legislature amended the ore, staff reviewed the City's Code and is asked the Council for a motion to approve City Code relating to the number of Council seconded by Council member Fay to approve Ordinance No. amending Section 500.2 (Procedures) of the Albertville Zoning 2005 Albertville Municipal City Code relating to the number of Council votes needed t grant a variance, which was pulled from the Consent Agenda and a separate discussion was held, and 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. Motion carried unanimously. `Approve Ordinance No. 2009-007 entitled an Ordinance Amending Section 200.2 (Definitions); Section 1000.9 (Drainage Plans); and Section 5000.4 (General Standards) of the M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 City of Albertville City Council Minutes March 2, 2009 Page 7of13 Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations 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; AND Approve Ordinance No. 2009-009 entitled Ordinance Amending Section 11-1-3 (Definitions); Section 11-6-2 (Preliminary Plat); Section I1-7-5 (Lots); Section 11-7-10 (Drainage System); Section 11-7-12 (Erosion and Sediment Control); Section 11-8-6 (Drainage); and Section 11-9-1 (Improvements Required) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Micipal City Code Relating to Stormwater Regulations as presented, which a final copyv.—Ill be>_printed and signed; the signed copy will be scanned; the electronic scanned version wilt le kept on file in the office of the City Clerk and serve as the official record;;:,. MOTION BY Council member Wagner, seconded by C Ordinance No. 2009-007 entitled an Ordinance Amend: 1000.9 (Drainage Plans); and Section 5000.4 ria Ordinance (Appendix A) of the 2005 Albertville Muri'c Regulations as presented on the Consent Agenda, which the signed copy will be scanned; the electronic scanned of the City Clerk and serve as the official record; AND i entitled Ordinance Amending Section 11 1- (Definition Section 11-7-5 (Lots); Section 11-7-10 (Drainage Sediment Control); Section 11-8-6 (Drainagd); and the Albertville Subdivision Regulations (TitleAl) Relating to Stormwater Regulat« as presented, t the signed copy will be scanned, `, l .electronic scai of the City Clerk and' eVwp, as the ducial record as final copy will be printed- x sign, the signed co version will be kep1 on file it Motion carrr«dZianlcsly. 01 fin; City Plafih6 's Oral Updat&4, ENGINEERING \ nmmei { LEGAL the >unci member ray to, approve ig Section 200.2 ttions); Section indards) of the Albertville. Zoning ,al City Code Relating to Stormwater final copy>will be printed and signed; ersion will be kept on file in the office pprove Qrdinance No. 2009-009 Sectiinll-6, 2 (Preliminary Plat); ); Section 11=7-12 (Erosion and >, 1-9-1 (improvements Required) of 2011lbertville Municipal City Code i a final copy will be printed and signed; version will be kept on file in the office ented on the Consent Agenda, which a ill be scanned; the electronic scanned k and serve as the official record. Set Monday, April 6, 2009 at 7:00 p.m. or soon thereafter to hold an Assessment Hearing to consider Special Assessments in the amount of approximately $45,000 against the undeveloped lots in Albert Villas 6th Addition for the cost of completing punch list items that will be held at the Albertville City Hall, 5959 Main Avenue NE, Albertville, Minnesota M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 City of Albertville City Council Minutes March 2, 2009 Page 8 of 13 MOTION BY Council member Wagner, seconded by Council member Fay to set Monday, April 6, 2009 at 7:00 p.m. or soon thereafter to hold an Assessment Hearing to consider Special Assessments in the amount of approximately $45,000 against the undeveloped lots in Albert Villas 6th Addition for the cost of completing punch list items that will be held at the Albertville City Hall, 5959 Main Avenue NE, Albertville, Minnesota as presented on the Consent Agenda, which a public notice will be prepared and published by Wright County, which a copy of the notice will be scanned and the electronic version will be kept on file in the office of the City Clerk that will serve as the official record; and Property Tax S Wright County and mailed to the appropriate property owners. Approve Ordinance No. 2009-008 entitled an Ordinance Violations Prior to Issuance of a Liquor License as prese and signed; the signed copy will be scanned; the electron in the office of the City Clerk and serve as the offica rec City Attorney Couri began by noting this is a Fire Code not a Building Code issue. Couri went on to explain that basically grandfathered in with Building ode the facility needs to be brought up to Fire 1 76,dy heard from the Fire Chief earlier this evening, ` establishments throughout Albertville and idn doing their best to get the establishments to cal The progress from the estabhshrrtbnts has been concerns. correct the violations ; The estabil �ents are l Fire Department or the Building De&artment to longer to get a response firm some of the props be prepared by -d unanimously Chi,&ction of Fire Code a fiQ' opy will be printed version vt?l be kept on file endment to the`City Code and ing was built 40-years ago it is if it is a Fire Code violation ibinted out that as -the Council iig on inspecting in violation. Staff has been with the Fire Code Standards. going anid appears to be taking some time to 60-days of written notice from either the ct the violations and it has been taking Mayor Klecker asked the Coundj Wif they had arty concern regarding Ordinance No. 2009-008 that relat'to requiremenlo come' dire Code violations. Council h�nber Vetsch had Gncerns with the proposed ordinance amendment, which he wanted staff t$ wake sure tho cjty is going at this the right way. Council member F -brough np the fact that the swing of the entrance door has been swinging the wrong way for o4*;ift years. Mayor Klecker asked `if there were any other comments or questions. If there were none, Klecker looked to the Council to make a motion regarding Ordinance No. 2009-008. MOTION BY Council member Sorensen, seconded by Council member Wagner to approve Ordinance No. 2009-008 entitled an Ordinance Requiring Correction of Fire Code Violations Prior to Issuance of a Liquor License 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 M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc pp Agenda Item No. 6.A. Meeting Date March 16, 2009 9 City of Albertville City Council Minutes March 2, 2009 Page 9of13 of the City Clerk and serve as the official record 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. Motion carried unanimously. ADMINISTRATION Direct staff to establish a uniform compensation for all standing boards commissions - committees on a base rate per meeting attended effective immediate) Mayor Klecker reported that the establishment of a uniform compensa, on was removed from the Consent Agenda to allow for discussion. City Administrator Kruse informed the Council that thb-PPlann rig and Zoning mmission members are compensated whether there is a meeting or not; however, the Park§ aid Recreation Committee are paid only when there is a meeting and �he memb.6 attends. Staff wanted to make the payment process for all standing boards, commissions- ox offi n%ttees have a uniform way of compensating them for their service as a member. Klecker asked the Council members how they""--,feelon the issue,t.hev agree, Klecker entertained a motion from the Council to efther'approye ,or deny the proposed recommendation. M„ MOTION BY Council member Vetsch, seconded by�Connl member Wagner to direct staff to establish a uniform compensation .for all standin'boards - commissions - committees on a base rate per meeting attended`effective Immediately as presented on the Consent Agenda, which was pulled and a separate dls iy ion was' held. Motion carried unanimously. Accept City Administrator Kruse`�d if theinncil had any questions or concerns regarding the Written Ipt that was included in th packet. ETINGS Mayor Klecker asked t"Council to review the upcoming meetings and calendar of events. ANNOUNCEMENTS AND OR UPCOMING MEETINGS March 2009 8 2:00 a.m. Daylight Savings Begins (Sunday) 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 10 City of Albertville City Council Minutes March 2, 2009 Page 10 of 13 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 (STMA School Board Room) April 2009 6 5:30 p.m. 2009 Local Board of Appeals and Adjustments 6 7:00 p.m. City Council meeting; 1.3 6:00 p.m. STMA Ice Arena Board meeting 13 7:00 p.m. Family -Youth Community Coo-ative (FYCC) 14 7:00 p.m. Planning and Zoning Comm>tYon1�' ing 20 7:00 p.m. City Council meeting 27 6:00 p.m. Joint Powers Water Boa ting 27 7:00 p.m. Committee of the Whole Workshop (tentative) _„ COUNCIL WO Mayor Klecker ,asked for a ss before going into the Council workshop. Discu 10rdinance No 20 M06 OIMON TWO entitled an Ordinance amending Section �> A 1000.4 (t�essory Buildm;kUses aid Equipment) and Section 200.2 (Definitions) of the Albertville Z,qning Ordinan#o (Appendix A) of the 2005 Albertville Municipal City Code relating to accry buildirl regulations as presented, which a final copy will be printed and signed, the si0"d coprwill be scanned; the electronic scanned version will be kept on file in the office of teCly Clerk and serve as the official record City Planner Brixius began by reiterating the ordinance amendment was brought up by a recent resident's violation of the Zoning Section of the 2005 Albertville Municipal City Code. The resident came before the City Council in November 2008, which the resident asked the Council to review and consider amending the accessory building size and process. Following the discussion, staff got direction from Council and was under the impression to proceed with preparing an amendment to the Appendix A (Zoning Ordinance) of the Albertville City Code that dealt with accessory buildings. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 11 City of Albertville City Council Minutes March 2, 2009 Page 11 of 13 Brixius continued by explaining that staff brought it before the Planning and Zoning Commission at the December 2008 meeting and the commission appeared to be on board with the amendment. Staff prepared and presented three (3) Options for the Planning and Zoning Commission to review at the January meeting prior to an official Public Hearing. Planning and Zoning Commission reviewed the three (3) options, which Option 3 was the favorable recommendation that would allow for additional storage of equipment on a person's property. After the January 2009 Planning Commission meeting, staff informed llie'lCouncil that Option 3 was the Planning Commission's proposed recommendation. Upon reYiewing Option 3, staff was informed that Council was not in favor of Option 3. Council reported that they would like to see Option 1 as the recommended amendment to the Code. Brixii", entethe potential of going with Option 2, which would be a compromise of Option.., (3ption 3. Cecil wasn't completely in agreement with the compromise, but gave the impression for staff to proceed with the amendment. Staff prepared and held a Public Hearing during the February l0, 2009 Planning and Zoning Commission meeting, which the outcome was to go with Optipn 2. The Planning and Zoning Commission's intentions were to allow residents the accessory building for storage of the equipment or other items parked in the backyard Planning was hopeful he residents would be able to cleanup the lawns by storing the stuff in a g of some t"`pe. Council member Fay expressed his opinion, which as to avethe accessory building process the way it is. It seemed tg xrk >nthe past and i`4s fear of what could potentially happen to the backyards. If a prope�y'owner WI red an additional structure to store items, it is assumed that the resident would r si✓"itch on the ;process. The city would hope that the resident would follow the appropriate procedures applNrlg for a vanan `or conditional use permit or whatever was needed to recgi%approval fo dr struct an a c sc ty building or detached garage. Mayor"K cker agreed wtth Coune member Fay in the fact that the Zoning Section of the City Ruc.TCode kay the way rt is purrently�tten, which it works fine. Klecker pointed out that he would IiW hard time appi0ing the mendment with Option 1 or Option 2 that is being proposed. Xt er wanted Aff, to consider evaluating the fees charged to apply for a variance or a conditional u permit and Oybe lower the fees for the size of the structure being proposed. The discussion went kand forth between staff and Council for another 30-45 minutes as to :- . how to proceed with twimendment and informing staff as to what direction Council wants to take in amending the Accessory Building process. Council member Wagner didn't have a strong feeling one-way or the other on the Options. Council member Sorensen noted the 240 square -feet would be the max he would feel comfortable allowing, which Sorensen felt was almost too big for an accessory building. Basically, Sorensen was in the same opinion as Wagner and didn't really have a strong opinion. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No_ 6.A. Meeting Date March 16, 2009 12 City of Albertville City Council Minutes March 2, 2009 Page 12 of 13 Council member Vetsch agrees with the 240 square -feet as a max to allow. It was very obvious that Mayor Klecker and Council member Fay were opposed to the amendment. In conclusion of the discussion, staff reported they would review and prepare an Ordinance Amendment for Accessory Buildings for the March 16, 2009 regular City Council meeting. Report of activities of staff related to Vacant Property's in Albertville and consideration of i:ian Ordinance to regulate and require Registration of vacant pro Wrtie's within Albertville — Bldg Official Building Official Sutherland began by distributing a partial, lest of vacankv roperties in Albertville and reported on the various issues that have come up andjh work involved with vacant properties. Vacant properties are a burden to the city aril these properties cfMe additional work for city staff. Sutherland reviewed the various exists i regulations such as the building>code, rental ordinance, and hazardous building statute used to control.t maintenance ofproperties. Sutherland reported that there appears to be a lack of skill ox ability of the banks to grasp control of properties that are abandoned. There" ppears to be a certain window of time in the process of foreclosure or loss of the property where tie bars do not have cntrol 'This period of limbo causes work for the City in a variety of ways, phO -calls, inspection o properties that are not secure, legal review, boarding up, mowing the, grass, disconnectiotilities, re inspections to verify status, assessment of costs for work that is reqired, it t eation to the banks and the assistance of the City Attorney to insure due process. All departments of the City including the Sheriffs department e revolved ith this work ar Sutherland reviewed several exam , where inspection of vacant properties has a positive impact when othercode vio Wtxa 's are to NZI vC.4 d then are getting corrected. Other community 5 are n rmg ienting similar ordinances to register vacant dwellings. City ,Attey Couri added at the recent°`legislation amending the State Statutes has been passed, A,irequires coAting will the private utilities to notify the city when their service is disconnected* The Finance Directond Fire Chief are in support of creating a Registration Ordinance. Council discussed the,ssue and was unanimous in directing staff to work on an ordinance amendment that would implement a Vacant Property Registration process. Discussion and update on Municipal State Aid (MSA) — Engineer Assistant City Engineer Nafstad started off by informing the Council that the City will receive approximately $240,000 in Municipal State Aid. But in order to receive these funds there is a M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 13 City of Albertville City Council Minutes March 2, 2009 Page 13 of 13 process to go through, which staff has been working on for the past four years. There is an Annual MSAS step(s), which the City is allowed to designate 20% of streets to MSA. MSA streets are those streets that connect or run between two county roads. Nafstad pointed out there are certain requirements that need to be met to qualify for MSA. The majority of the funds go towards a construction fund, with the remainder going to maintenance. Over the years, the City has accumulated a fair amount of funds that should be spent by 2010. Again, there are guidelines that need to be followed when using or spending these MSA funds. Council brought up the potential to fix 601h Street NE, which runs east and west from Main Avenue NE to CSAH 37. Staff noted that in order to fix that ports t! of 60ch Street NE would need to meet the width and alignment requirements set by the MSA Standards. City Administrator Kruse noted that staff is in the process of evaluating the current conditions of the roads throughout Albertville. Staff will be presenting the analysis report' the Council at a future meeting for consideration of re -grading and or doing a major repair. Nafstad went on reporting there are 52.3 miles of miles are city roads. Nafstad noted that the next c acceptance to continue the process. Staff is asses streets throughout Albertville, which City Adam the assessment process, a report will be compiled streets could use general maintenance and what rc Council gave staff the streets and or roads w with the maintenance Motion by Sor' 10:11 p z �Motion s or streets in"Albertville, of which 36 >onentbrestep staff is looking for Council or evaluation the current condition of the or Kruse spoke about earlier. Following presented to' Council identifying what need>maior repair. otiiatibu to continue nth the procoss of evaluating the status of the the Al�rtville city limits. Then prepare a report on how to proceed pair that,mould be presen ,to the Council at a future meeting. agner to reconvene the regular City Council meeting at MOTION BY Con l meoer Sorensen, seconded by Council member Wagner to adjourn the Monday, March 2, 209, regular City Council meeting at 10:12 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 03-02-09 B-drafts.doc Agenda Item No. 6.A. Meeting Date March 16, 2009 14 Nlbertvillc Mayor and Council Communication S, .or'Sovana kJ•wro- •b caw ufw March 10, 2009 SUBJECT: 0 Appointment to the Parks and Recreation Committee RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: Motion to accept the Parks and Recreation Committee's recommendation to appoint LeRoy Berning who resides at 10514 Karston Avenue NE in Albertville to fill the vacant Albertville Parks and Recreation Committee position previous held by Denise Prow effective immediately. BACKGROUND: It has been the policy of the Albertville City Council to make annual appointments to fill certain offices and positions with the city government at the beginning of each year. However, throughout the year committee residents that have been appointed to serve on the various Commissions and Committees resign, leaving a vacancy to fill. KEY ISSUES: It is the City's policy to review and appoint individuals to serve on the various Commissions and Committees. POLICY CONSIDERATIONS: It is at the discretion of the Mayor and City Council whether to accept or reject the staff s recommendation of appointment. However, the recommendation for the appointment process typically require Mayor and Council consideration thereof at the appropriate time during the meeting, in which such amendments to the appointment that are made requires a motion and affirmative vote of the majority of the members present. FINANCIAL CONSIDERATIONS: There are minimal financial considerations as it relates to appointments to the Parks and Recreation Committee. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to appoint members to serve on Commissions or Committees. Respectfully submitted, Larry R. KA City Administrator Department/Responsible Person: Public Works/Tim Guimont Attachments: none M:\Public Data\1Requests for Council Actions (RCA)\2009\03 16 2009 PW-Parks Appointment RCA.doc Agenda Item NA. C. I . Meeting Date March 16, 2009 s A,lbertville Mayor and Council Communication u.�..t CtV UF- March 5, 2009 SUBJECT: 0 BUILDING DEPARTMENT FEBRUARY 2009 REPORT RECOMMENDATION: 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 23 permits processed in February for a total value of $180,357. Highlights in our permit activity are as follows; storm related reroof, reside, and window replacement permits, 3 finish basements, 1 sign, commercial plumbing/hvac, and a couple of water softeners. Several Temporary Certificates of Occupancy have been issue for the Albertville Meadows Rental Townhomes on County Road 37. Construction is typically slow this time of year, and road restrictions should be in effect within a couple of weeks. • Storm Damage: Storm damage repair, permit activity, and inspections continue, including City property. • Planning and Zoning, Rental Housing, Miscellaneous Enforcement, Foreclosures: Various enforcement activities for the month include, but is not limited to, monitoring and inspecting vacant and or foreclosed properties. Some of these properties are 10141 49th Street, 5472 Kahl Ave, 10586 48th Street, 4984 Kama Lane, 4890 Kama Lane, 4937 Kama Lane, 5502 Kali Ave, 5233 53rd Circle, 6202 Karmen Ave, 6179 Karmen Ave, 10567 Karston AVE, 10460 62nd Street, and 10568 62nd Street. Staff is working on a coordinated inspection, review, and reporting process for vacant properties. We have worked on answering numerous and 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. Fire Code Inspections with the Fire Department: I have worked and assisted the Fire Chief on various Fire Code issues, the next round of Commercial Fire inspections will be starting soon. M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 BO Report for February 2009.doc Agenda Item No. (D.D. l.. Meeting Date March 16, 2009 17 Mayor and Council Communication — March 5, 2009 Building Official — Monthly Report Page 2 of 2 • Review of Department by State Building Code Division: The Building Department was reviewed by the State Building Code Division for policies and procedures and the review was satisfactory. KEY ISSUES: All. 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.'tuse �- City Administrator Department/Responsible Person: Building Department/Jon Sutherland, Building Official Attachments: Permit Activity Report M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 BO Report for February 2009.doc n Agenda Item No. 8._D. I . Meeting Date March 16, 2009 February 2009 Building Department Activity/Revenue Report Valuation Permit Fees Sub Total 2009 $ 180,357.00 $ 4,167.13 Less SAC, WA Storm Water, S & W & Meter $ - Less Signs $ 296.55 FEB 2009 TOTAL BUILDING DEPT REVENUE 1 $ 3,870,58 2008 Valuation Permit Fees Sub Totals $ 495,400.00 $ 8,460.18 Less SAC, WAC Storm Water, S & W & Meter $ - Less Signs $ 410.87 FEB 2008 TOTAL BUILDING DEPT REVENUE $ 8,049.31 INSPECTIONS February 227 Monthly Average 15 Year To Date 519 19 w. lbertvijle Mayor and Council Communication s.neil Tours L""w. ft Cia+ ub.. March 10, 2009 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, March 16, 2009 payment of the claims that includes check numbers 026782 to 026826 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for final approval. KEY ISSUES: Check No. 026787 Bill Valerius — Fire Department donations account. Purchased cables and components for the meeting room at the Fire Department Audio Visual. Check No. 026794 Dennis Fehn Gravel — Payment # 4 for Winter Park (see Bolton & Menk attachment) Check No. 26803 Jasper Engineering — Repair a flow meter at the Waste Water Treatment Facility 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. City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail, Bolton & Menk Recommendation M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 Finance Bills Report (RCA).doc Agenda Item No. 8.E.I . Meeting Date March 16, 2009 21 A,lbertVille Small Town Living. Big City Ufa. Check Detail Register March 16, 2009 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026782 3/16/2009 ACTION FASTENING, INC E 101-42000-586 C/O - Pagers $2,694.45 19016 FD pagers E 101-42000-586 C/O - Pagers $89.46 19035 battery Total ACTION FASTENING, INC $2,783.91 Paid Chk# 026783 3/16/2009 ALBERTVILLE PIT STOP E 101-43100-212 Motor Fuels $61.60 10819 fuel E 101-43100-212 Motor Fuels $9.17 23870 fuel E 101-43100-212 Motor Fuels $50.15 24283 fuel E 101-42000-2.12 Motor Fuels $43.12 423012 FD Rescue truck E 101-43100-212 Motor Fuels $3.72 42308 fuel E 101-43100-212 Motor Fuels $8.87 654 Fuel . Total ALBERTVILLE PIT STOP $176.63 Paid Chk# 026784 3/16/2009 APPOLLO SYSTEMS - COMMERCIAL D E 101-45100-405 Repair/Maint - Buildings $20.24 88733 parks alarm Total APPOLLO SYSTEMS - COMMERCIAL D $20.24 Paid Chk# 026785 3/16/2009 ARAMARK UNIFORM SERVICES E 602-49400-417 Uniform Rentals $21.33 6296677977 Swr E 601-49450-417 Uniform Rentals $21.33 6296677977 Wtr E 101-43100-417 Uniform Rentals $21.33 6296677977 PW E 101-45100-417 Uniform Rentals $21.32 6296677977 Parks Dept - Uniform Sery E 101-45100-417 Uniform Rentals $14.65 6296682654 Parks Dept- Uniform Sery E 601-49450-417 Uniform Rentals $14.64 6296682654 Sewage Dept. - Uniform Sery E 101-43100-417 Uniform Rentals $14.65 6296682654 Public Works - Uniform Sery E 602-49400-417 Uniform Rentals $14.64 6296682654 Water Dept - Uniform Sery E 101-42000-405 Repair/Maint - Buildings $88.37 6296682654 City Hall Mats E 101-45100-417 Uniform Rentals $13.04 6296687353 Parks Dept - Uniform Sery E 101-43100-417 Uniform Rentals $13.03 6296687353 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $13.03 6296687353 Sewage Dept. - Uniform Sery E 602-49400-417 Uniform Rentals $13.03 6296687353 Water Dept - Uniform Sery Total ARAMARK UNIFORM SERVICES $284,39 Paid Chk# 026786 3/16/2009 BEAUDRY OIL COMPANY E 101-42400-404 Repair/Maint - Machinery/Equip $546.41 356395 55 GAL DRUM E 101-43100-212 Motor Fuels $930.86 742932 PW Total BEAUDRY OIL COMPANY $1,477.27 Paid Chk# 026787 3/16/2009 BILL VALERIUS E 101-42050-437 Misc. Donations $385.13 cables & Components FD Total BILL VALERIUS $385.13 Paid Chk# 026788 3/16/2009 BOLTON & MENK, INC E 101-41710-303 Engineering Fees $712.50 123055 TL 6th E 101-41700-303 Engineering Fees $237.50 123371 Albertville TH sign Variance E 101-41710-303 Engineering Fees $415.50 123372 Niemeyer Trailer Sales E 101-41700-303 Engineering Fees $142.50 123375 152 Club access application Total BOLTON &MENK, INC $1,508.00 Paid Chk# 026789 3/16/2009 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $10.86 153654183 Motor oil Total CARQUEST $10.86 M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 8. E. I . Meeting Date March 16, 2009 0 Mayor and Council Communication - March 10, 2009 Finance - Payment of Claims Page 2 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026790 3/16/2009 CENTER POINT ENERGY E 601-49450-383 Gas Utilities $867.10 WWTP gas E 101-41940-383 Gas Utilities $2,502.37 City hall E 101-43100-383 Gas Utilities $1,468.79 PW gas Total CENTER POINT ENERGY $4,838.26 Paid Chk# 026791 3/16/2009 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $431.33 11098 Jan animal control Total CITY OF MONTICELLO $431.33 Paid Chk# 026792 3/16/2009 CITY OF ST. MICHAEL E 101-45000-598 Pledges & Contributions $4,487.50 Senior Center pmt # 1 Jan - Mar 2009 E 101-45000-598 Pledges & Contributions $3,275.00 Library pmt #1 Jan -Mar 2009 Total CITY OF ST. MICHAEL $7,762.50 Paid Chk# 026793 3/16/2009 CROW RIVER NEWS NORTH E 101-41100-351 Legal Notices Publishing $371.46 Public Hearing Notices Total CROW RIVER NEWS NORTH $371.46 Paid Chk# 026794 3/16/2009 DENNIS FEHN GRAVEL & EXCAVATIN E 201-45200-300 Professional Srvs (GENERAL) $5,143.40 Winter Park Improvements Total DENNIS FEHN GRAVEL & EXCAVATIN $5,143.40 Paid Chk# 026795 3/16/2009 DJ'S TOTAL HOME CARE CENTER E 101-451,00-405 Repair/Maint - Buildings $2.75 37004 Liv Music furnace filters E 101-43100-215 Shop Supplies $2.65 37009 Less credit from 37413 E 101-43100-215 Shop Supplies $22.33 37026 pigtail lampholer, rivets E 601-49450-210 Operating Supplies (GENERAL) $44.70 37052 heat tape, grease cart E 101-45100-210 Operating Supplies (GENERAL) $70.48 37082 plbg supplies E 101-45100-210 Operating Supplies (GENERAL) $24.48 37160 Folding Pruning Saw E 101-45100-405 Repair/Maint - Buildings $39.98 37270 Bulb hiprss sodium E 101-43100-404 Repair/Maint - Machinery/Equip $50.46 37270 couple, bushings E 101-43100-404 Repair/Maint - Machinery/Equip $5.30 37290 hardware E 101-43100-215 Shop Supplies $8.51 37350 brush set E 602-49400-210 Operating Supplies (GENERAL) $47.88 37368 Lube, sealant, E 101-43100-215 Shop Supplies $7.43 37382 File rotary cylindr E 101-45100-405 Repair/Maint - Buildings $4.25 37392 Connector E 101-45100-405 Repair/Maint Buildings $37.21 37398 paint, bulbs E 101-43100-404 Repair/Maint - Machinery/Equip $17.00 37411 fuses E 101-43100-215 Shop Supplies $22.33 37424 exit bulb E 101-43100-215 Shop Supplies $26.61 37452 FLOOR SWEEPER Total DJ'S TOTAL HOME CARE CENTER $434.35 Paid Chk# 026796 3/16/2009 DON'S AUTO & REPAIR E 101-42000-212 Motor Fuels $61.48 55155 PW fuel E 601-49450-212 Motor Fuels $43.52 55215 PW fuel E 601-49450-212 Motor Fuels $45.60 55254 fuel E 101-42400-212 Motor Fuels $20.13 55262 Bldg Dept fuel E 101-43100-212 Motor Fuels $47.56 55263 PW Fuel E 101-43100-212 Motor Fuels $33.36 55268 PW Fuel E 601-49450-212 Motor Fuels $38.53 55292 PW Fuel Total DON'S AUTO & REPAIR $290.18 Paid Chk# 026797 3/16/2009 EMBARQ - TX E 101-41940-321 Telephone $122.29 taxes and surcharge E 601-49450-321 Telephone $36.69 497-0269 E 101-41940-321 Telephone $16.11 497-1888 M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 8. E. I . Meeting Date March 16, 2009 23 Mayor and Council Communication — March 10, 2009 Finance — Payment of Claims Page 3 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026797 3/16/2009 EMBARQ — TX (continued) E 101-41940-321 Telephone $36.69 497-3486 E 101-45100-321 Telephone $16.11 497-2215 E 101-41940-321 Telephone $39.67 497-0261 E 101-43100-321 Telephone $37.51 497-0774 E 101-41940-321 Telephone $37.51 497-0452 E 101-41940-321 Telephone $36.69 497-3704 E 101-41940-321 Telephone $36.69 497-3695 Total EMBARQ - TX $415.96 Paid Chk# 026798 3/16/2009 EMBARQ-MO E 101-41940-321 Telephone $10.98 phone Total EMBARQ- MO $10.98 Paid Chk# 026799 3/16/2009 FRERICHS CONSTRUCTION R 101-00000-32210 Building Permits $14&00 Return fee for Fire Box Albert TH Total FRERICHS CONSTRUCTION $148.00 Paid Chk# 026800 3/16/2009 GOIN POSTAL E 101-41400-322 Postage $11.98 289 PoS 7127 Total GOIN POSTAL $11.98 Paid Chk# 026801 3/16/2009 HEALTH PARTNERS E 101-42400-130 Employer Paid Ins (GENERAL) $2,590.96 emp health & dental E 101-41400-131 Employer Paid Health ($1,198.46) emp health & dental E 602-49400-130 Employer Paid Ins (GENERAL) $1,236.28 emp health & dental E 101-41500-131 Employer Paid Health $921.56 emp health & dental E 101-43100-130 Employer Paid Ins (GENERAL) $1,982.12 emp health & dental G 101-21706 Group Insurance Payable $2,625.16 emp health & dental E 601-49450-130 Employer Paid Ins (GENERAL) $1,236.29 emp health & dental E 101-41300-131 Employer Paid Health $513.15 emp health & dental E 101-45100-130 Employer Paid Ins (GENERAL) $927.86 emp health & dental Total HEALTH PARTNERS $10,834.92 Paid Chk# 026802 3/16/2009 HUBER CONSTRUCTION COMPANY R 101-00000-32210 Building Permits $8&00 6237 Kalenda Lane - Refund Permit Total HUBER CONSTRUCTION COMPANY $80.00 Paid Chk# 026803 3/16/2009 JASPER ENGINEERING & EQUIP CO E 601-49450-404 Repair/Maint - Machinery/Equip $932.60 153226 flow meter Total JASPER ENGINEERING & EQUIP CO $932.60 Paid Chk# 026804 3/16/2009 JOINT POWERS BOARD E 602-49400-371 JPDIST COMBO $1,216.92 JP Dist Combo E 602-49400-376 JP Fed Wtr Test $1,169.07 Fed wtr tst E 602-49400-374 JP Dist Pen $910.30 JP dist Pen E 602-49400-373 JP Dist II Low $763.59 JP Dist II low E 602-49400-375 JP Access $7.00 JP Access E 602-49400-372 JP Dist $36,929.33 JP Dist E 602-49400-376 JP Fed Wtr Test $22.06 Fed wtr test pen Total JOINT POWERS BOARD $41,018.27 Paid Chk# 026805 3/16/2009 KJOLHAUG ENVIRONMENTAL SERVICE G 101-22825 Hunters Pass Escrow $1,500.00 20946 Hunters Pass Monitoring Total KJOLHAUG ENVIRONMENTAL SERVICE $1,500.00 Paid Chk# 026806 3/16/2009 MAGIC WATER E 101-42000-404 Repair/Maint - Machinery/Equip $184.51 10784 water - FD Total MAGIC WATER $184.51 M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 8. E. L Meeting Date March 16, 2009 W Mayor and Council Communication - March 10, 2009 Finance - Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026807 3/16/2009 MIDSTATES EQUIPMENT & SUPPLY E 101-43100-400 Repair/Maint - Paved Rd $6,378.01 29019 Crack Sealant Total MIDSTATES EQUIPMENT & SUPPLY $6,378.01 Paid Chk# 026808 3/16/2009 N. A. C. E 101-41915-306 Planning Fees $17.70 18369 Albertville TH sign variance E 101-41915-306 Planning Fees $111.20 18369 Albertville Marketplace sign E 101-41915-306 Planning Fees $400.30 18369 Marketplace Conv. Store E 101-41915-306 Planning Fees $573.00 18369 Niemeyer Trailer Sales Total N. A. C. $1,102.20 Paid Chk# 026809 3/16/2009 NAPA AUTO PARTS E 101-43100-404 Repair/Maint - Machinery/Equip $108.09 489062 water pump E 101-43100-404 Repair/Maint - Machinery/Equip $289.56 490085 FD battery Total NAPA AUTO PARTS $397.65 Paid Chk# 026810 3/16/2009 NEXTEL COMMUNICATIONS E 101-41500-323 Nextel Radio Units $58.99 Nextel E 601-49450-323 Nextel Radio Units $56.08 Nextel E 602-49400-323 Nextel Radio Units $56.08 Nextel E 101-41300-321 Telephone $77.48 Nextel E 101-45100-323 Nextel Radio Units $51.16 Nextel E 101-43100-323 Nextel Radio Units $51.16 Nextel E 101-42400-323 Nextel Radio Units $37.38 Nextel E 101-41400-323 Nextel Radio Units $37.38 Nextel E 101-42000-321 Telephone $103.54 Nextel Total NEXTEL COMMUNICATIONS $529.25 Paid Chk# 026811 3/16/2009 NORTHERN WATERWORKS E 206-49400-250 Meters for Resale $21,872.66 1185259002 Water meters Total NORTHERN WATERWORKS $21,872.66 Paid Chk# 026812 3/16/2009 ONVOY, INC. E 101-42000-321 Telephone $83.33 90302009641 phone/data network E 101-43100-321 Telephone $83.33 90302009641 phone/data network E 101-42400-321 Telephone $238.11 90302009641 phone/data network E 101-41940-321 Telephone $714.29 90302009641 phone/data network E 601-49450-321 Telephone $35.71 90302009641 phone/data network E 602-49400-321 Telephone $35.71 90302009641 phone/data network Total ONVOY, INC. $1,190A8 Paid Chk# 026813 3/16/2009 OREILLY AUTOMOTIVE INC E 101-43100-404 Repair/Maint - Machinery/Equip $98.25 1749169284 OIL FILTERS, OIL, FUEL FILTERS Total OREILLY AUTOMOTIVE INC $98.25 Paid Chk# 026814 3/16/2009 OXYGEN SERVICE COMPANY E 101-43100-215 Shop Supplies $74.23 63968 PW Acetylene E 101-43100-215 Shop Supplies $33.27 63969 PW Compressed 02 Total OXYGEN SERVICE COMPANY $107.50 Paid Chk# 026815 3/16/2009 POSTMASTER E 101-42000-433 Dues and Subscriptions $38.00 FD PO Box Total POSTMASTER $38.00 Paid Chk# 026816 3/16/2009 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $277.81 11940 Office supplies Total S & T OFFICE PRODUCTS $277.81 Paid Chk# 026817 3/16/2009 S.E.H. E 468-49000-303 Engineering Fees $1,619.14 214099 194 interchange Total S.E.H. $1,619.14 M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 8-E-1 Payment Posted Batch.doc Page 4 of 5 Agenda Item No. 8. E. L Meeting Date March 16, 2009 25 Mayor and Council Communication — March 10, 2009 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026818 3/16/2009 SCHARBER & SONS E 101-45100-404 Repair/Maint - Machinery/Equip $83.06 1019121 Ball bearings, roller chain Total SCHARBER & SONS $83.06 Paid Chk# 026819 3/16/2009 SCHWAAB INC E 602-49400-300 Professional Srvs (GENERAL) $14.91 2423562 UB stamp E 101-42400-200 Office Supplies (GENERAL) $66.80 2423562 Bldg rec'v stamp Total SCHWAAB INC $81.71 Paid Chk# 026820 3/16/2009 TRYCO LEASING INC E 101-42000-310 Other Professional Services $113.24 4209 copier lease FD E 101-41400-413 Office Equipment Rental $689.62 4210 copier lease Total TRYCO LEASING INC $802.86 Paid Chk# 026821 3/16/2009 USA LANDLORD CONSERVATION CO E 602-49400-210 Operating Supplies (GENERAL) $83.94 6132 LEAK DETECTOR DYE Total USA LANDLORD CONSERVATION CO $83.94 Paid Chk# 026822 3/16/2009 VEOLIA ENVIRONMENTAL SERVICES E 101-45100-210 Operating Supplies (GENERAL) $39.69 15546 Feb fuel chgs Total VEOLIA ENVIRONMENTAL SERVICES $39.69 Paid Chk# 026823 3/16/2009 WASTE MANAGEMENT E 101-45100-384 Refuse/Garbage Disposal $103.84 483637915933 garbage service E 601-49450-384 Refuse/Garbage Disposal $55.33 483637915933 garbage service E 101-43,100-384 Refuse/Garbage Disposal $48.32 483637915933 garbage service Total WASTE MANAGEMENT $207.49 Paid Chk# 026824 3/16/2009 WEIDNERS PLUMBING & HEATING CO E 101-41940-405 Repair/Maint - Buildings $1,419.00 226330 Contract 12/31108-1/30/09 Total WEIDNERS PLUMBING & HEATING CO $1,419.00 Paid Chk# 026825 3/16/2009 WRIGHT COUNTY JOURNAL -PRESS E 101-41400-433 Dues and Subscriptions $36.00 Annual Subscription Total WRIGHT COUNTY JOURNAL -PRESS $36.00 Paid Chk# 026826 3/16/2009 XCEL ENERGY E 101-43160-381 Electric Utilities $33.90 262146320 5700 Labeaux signal E 101-41940-381 Electric Utilities $4.33 262296106 10820 Kantar Ct E 101-43160-381 Electric Utilities $5,277.49 262296944 Street Lighting - 58-59-60 St. Total XCEL ENERGY $5,315.72 10100 Premier Bank $122,735.55 Fund Summary 101 GENERAL FUND 201 PARK DEDICATION 206 WAC FUND 468 CSAH 19 RAMPS/I 94 Project 601 SEWER FUND 602 WATER FUND 10100 Premier Bank $48,117.13 $5,143.40 $21,872.66 $1,619.14 $3,441.15 $42, 542.07 $122,735.55 M:\Public Data\City Council\Council Packet information\2009\03-16-09\03 16 2009 8-E-1 Payment Posted Batch.doc Page 5 of 5 Agenda Item No. 8.E.1.. Meeting Date March 16, 2009 26 • EBO L.T'ON Br- M F== N K , 11`-..1 C. Consulting Engineers & Surveyors " 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com March 5, 2009 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 RE: Winter Park Improvements City of Albertville, MN Contractor's Pay Estimate No. 4 BMI Project No.: R13.39086 Dear Mr. Kruse: Enclosed please find three (3) copies of Partial Pay Estimate No. 4 for the above referenced project. Payment No. 4 is solely an adjustment to the retained amount. Currently, five (5) percent of the total amount of the work completed is held as retainage. Based on the limited amount of work remaining, it is recommended that the retained percentage be reduced to two (2) percent and payment be made to the Dennis Fehn Gravel and Excavating in the amount of $5,143.40. For your information, the total amount due to the Contractor, including Pay Estimate No. 4 is $168,017.89. Please ensure that the total amount paid to date to Dennis Fehn, plus payment #4, does not exceed this amount. If everything meets your approval, please sign all three (3) copies, retain one (1) copy, return one (1) copy to our office, and submit one (1) copy along with payment to Dennis Fehn Gravel and Excavating, Inc., P.O. Box 256, 5050 Barthel Industrial Dr., Albertville, MN 55301. Please contact me if you have any questions regarding this estimate. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P.E. Albertville Engineer Enclosures — Partial Pay Estimate and Recapitulation (3 copies) DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 27 Nbertville Mayor and Council Communication smog T�.ft March 5, 2009 SUBJECT: 0 CITY CLERK — ALBERTVILLE 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 application that has been submitted by the Albertville Lions for a Pork Chop Dinner to be held at St. Albert Parish Center on Saturday, April 18, 2009 from 4:00 p.m. to 8:00 p.m. BACKGROUND: Throughout the year, the Albertville Lions host various events where a portion of the proceeds are donated to the Albertville Fire Department. When such applications are submitted to the City Clerk, staff prepares a recommendation to the Mayor and City Council for review and approval at a regular meeting. This allows the Council an opportunity to ask questions regarding the liquor license applications that are submitted to the City Clerk. KEY ISSUES: • Albertville Lions has not submitted previous applications in 2009 for a One -Day 3.2% Malt Liquor License. • Albertville Lions has proved proof of their Certificate of Insurance for Dram Shop to the City Clerk. • Council has the option to deny any One -Day 3.2% Malt Liquor License applications that have been submitted. 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. 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, J, Larry R. a -se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: Albertville Lions One -Day 3.2% Malt Liquor License application M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 Clerk (Lions Liq Lic pork chop) R.doc Q Agenda Item No. (?.F. I.. Meeting Date March 16, 2009 "`gas .A\Ib£r'tvill£ Mayor and Council Communication �.ft43tv Ut- March 5, 2009 SUBJECT: 0 CITY CLERK — ALBERTVILLE 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 the Albertville Lions for an Fund Raiser to be held at St. Albert Parish Center on Saturday, March 28, 2009 from 2:00 p.m. to 1:00 a.m. BACKGROUND: The Albertville Lions have submitted an application for a One -Day 3.2% Malt Liquor License for an event that will be held at the St. Albert Parish Center located within the Albertville city limits. Staff has prepared a recommendation for approval of the application. KEY ISSUES: • Albertville Lions has submitted one application in 2009 for a One -Day 3.2% Malt Liquor License. • Council has the option to deny any One -Day 3.2% Malt Liquor License applications that have been submitted. • The City Clerk has record of the Albertville Lions Certificate of Insurance for Dram Shop. 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. 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, a Larry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: Albertville Lions One -Day 3.2% Malt Liquor License application M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 Clerk (Lions Liq Lic Scherber) RCA.doc Agenda Item No. 8...R." .2. Meeting Date March 16, 2009 �bertvi lle Mayor and Council Communication s..mr«rn wxo. sis cdcv uf.. March 10, 2008 SUBJECT: CITY CLERK — ANNUAL LIQUOR LICENSES RENEWALS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion(s): Motion to approve the Annual Renewal of the 2009-2010 Off -Sale 3.2% Malt Beverage Liquor License to Coborn's Grocery Store. Motion to approve the Annual Renewal of the 2009-2010 Off -Sale Intoxicating Liquor License to Westside Liquor, Inc. for Westside Liquor Store. Motion to approve the Annual Renewal of the 2009-2010 Off -Sale Intoxicating Liquor License to Hackenmueller's Inc. for Hack's Liquor. Motion to approve the Annual Renewal of the 2009-2010 Off -Sale Intoxicating Liquor License to Coborn's Liquor Store. Motion to approve the Annual Renewal of the 2009-2010 Off -Sale Intoxicating Liquor License to C.L. Gentile Inc. for Geez Sports Bar & Grill; and, 2009-2010 On -Sale Intoxicating Liquor License to C.L. Gentile Inc. or Geez Sports Bar & Grill; and, 2009-2010 Special SundU Liquor License to C.L. Gentile Inc. for Geez Sports Bar & Grill. Motion to approve the Annual Renewal of the 2009-2010 On -Sale Intoxicating Liquor License to D. Michael B's II Inc. for D. Michael B's; and, 2009-2010 Special Sunday Liquor License to D. Michael B's II Inc. for D. Michael B's Motion to approve the Annual Renewal of the 2009-2010 On -Sale Intoxicating Liquor License to Northwest Metro Restaurant Ventures LLC for Majors Sports Cafe; and, 2009-2010 Special Sunday Liquor License to Northwest Metro Restaurant Ventures LLC Majors Sports Cafe Motion to approve the Annual Renewal of the 2009-2010 On -Sale Intoxicating Liquor License to Cosmic Foods for Space Aliens Bar & Grill; and, 2009-2010 Special Sunday Liquor License to Cosmic Foods for Space Aliens Bar & Grill Motion to approve the Annual Renewal of the 2009-2010 On -Sale Intoxicating Liquor License to Rancho Grande Inc. for Rancho Grande; and, 2009-2010 Special Sundaes uor License to Rancho Grande Inc. for Rancho Grande Motion to approve the Annual Renewal of the 2009-2010 On -Sale Intoxicating Liquor License to Cedar Creek Golf Course LLC for Cedar Creek Golf Course; and, 2009-2010 Special Sunday Liquor License to Cedar Creek Golf Course LLC for Cedar Greek Golf Course M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 Clerk Annual Liq Lie Renewals.doc Agenda Item No. 8.F.3. Meeting Date March 16, 2009 Mayor and Council Communication - March 5, 2009 City Clerk — Annual Renewal of Liquor Licenses Page 2 of 2 Motion to approve the Annual Renewal of the 2009-2010 On -Sale Wine License to Hong Thai Inc. for Hong Thai; and, 2009-2010 On -Sale 3.2% Malt Beverage License to Hong Thai Inc. for Hong Thai BACKGROUND: Annual Liquor License(s) run April 15 to April 15. In February, the State of Minnesota Alcohol and Gambling Department sends the applications to the City Clerk. The applications are forwarded to the appropriate establishments to complete and return to the City for Council review and approval. May 2008, the majority of establishments passed the semi-annual alcohol compliance check conducted by Wright County Services. However, during the second round of alcohol compliance checks that were conducted in November 2008 about four of the establishments failed and were fined. KEY ISSUES: • Approve all Liquor License Renewal Applications as submitted to the City Clerk provided the establishments will abide by the rules and restrictions set by the City, County, and State. • Consider denying the renewal of the Liquor Licenses based on failure to be incompliance with the City, County, or State requirements, which would include Fire Inspection or other Building Code violations. POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council's policy to review and approve liquor license applications to sell liquor at various business establishments within the Albertville city limits. FINANCIAL CONSIDERATIONS: The City collects a Liquor License fee that varies depending upon the type of license applied for (ie.: On -Sale Intoxicating $3,300; Special Sunday $220; Off -Sale Intoxicating $150; and Off -Sale 3.2% Malt $150). Denial of a license will affect the financial revenue for fees collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review, approve or deny; then direct staff to take action regarding any or all liquor license applications received by the City of Albertville. Respectfully submitted, ( y f Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 Clerk Annual Liq Lie Renewals.doc Agenda Item No. 8.F.3. Meeting Date March 16, 2009 Nlbertvillc Mayor and Council Communication sm" town uAw. ft aw ur- March 10, 2009 SUBJECT: PLANNING - ZONING ORDINANCE AMENDMENT — ACCESSORY BUILDING REGULATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve Ordinance No. 2009-006 OPTION TWO entitled an Ordinance amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to accessory building regulations, 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: Per Council directive, planning staff has included the size exception for lots over one acre in size in Option One. The only differences between Option One and Option Two are the following: (1) Option Two allows for a second accessory building provided it does not exceed 240 square feet in floor area, when accompanied by an attached or detached garage on the same lot; and (2) Option Two no longer utilizes conditional use permits, except for pole buildings in industrial districts and for some exceptions to height limitations on accessory buildings. KEY ISSUES: • A recent violation of the accessory structure zoning regulations prompted staff to review and re-examine the current regulations. • Overall, the Planning and Zoning Commission wished to grant greater flexibility in the standards than the City Council. • Staff prepared three Options that reflected the comments and concerns of the PZ Commission and City Council. • The PZ Commission recommended approval of Option Two. • Staff presented Option One and Two to the City Council, and Council directed staff to make revisions, which they have done so. • Staff is recommending approval of Option Two. POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council amend this section of the code by recommending Option Two. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this amendment. M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 Planning Access Bldg Ord Draft 2 RCA.doc Agenda Item No. 8 M A . Meeting Date March 16, 2009 Mayor and Council Communication — March 10, 2009 Planning — Zoning Ordinance Amendment — Accessory Building Regulations Page 2 of 2 LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, Larry R. City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-006 OPTION ONE & Ordinance No. 2009-006 OPTION TWO M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 Planning Access Bldg Ord Draft 2 RCA.doc Agenda Item No. 8...l. I.A . Meeting Date March 16, 2009 NE OPTION O CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009 - AN ORDINANCE AMENDING SECTION 1000.4 (ACCESSORY BUILDINGS, USES AND EQUIPMENT) AND SECTION 200.2 (DEFINITIONS) OF THE ALBERTVILLE ZONING ORDINAINCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO ACCESSORY BUILDING REGULATIONS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1000.4 is hereby repealed in its entirety and replaced with the following: 1000.4: ACCESSORY BUILDINGS, USES AND EQUIPMENT: A. Farm Operations Exempt: Farm operations are exempt from the requirements of this section. B. Single-Familv Accessory Uses: 1. Setbacks: a. Front Yard: No accessory use, building, structure, or equipment shall be allowed within a required front yard, except by conditional use permit. b. Side Yard: As required by zing district. c. Rear Yard (includes side yard within rear yard): Allowed to encroach into the required setback, but not less than ten (10,) feet.* d. Alley: Private garages having direct access onto an alley shall be set back twenty (20) feet from the alley lot line. *Exception: No such encroachment may occur on a required easement or in a required side yard setback abutting a street on a corner lot. 2. Size: a. Minimum Size: An attached or a detached garage shall not be less than 530 square feet in floor area. b. Maximum Size: An attached or a detached garage shall not: 1) Exceed 1,000 square feet of floor area, except by conditional use permit; 2) Exceed the ground coverage of the dwelling, except by conditional use permit; 3) Occupy more than 25% of the area of the rear yard; or 4) (Only for a detached building) Exceed 150 square feet in floor area, when accompanied by an attached garage on the same lot, except by conditional use permit. c. Cumulative Area: The total floor area of all accessory buildings and garages shall not exceed 1,150 square feet, except by conditional use permit. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Acc Bldg OPTION ONE (2nd version).doc Agenda Item No. 8.H.1. Meeting Date March 16, 2009 37 City of Albertville County of Wright Ordinance No 2009- Page 2 of 4 (Accessory Structure Regulations) OPTION ONE 3. Size Exception: An exception to the size requirements may be granted through an administrative permit, provided the following requirements are met: a. The parcel is one acre or greater in size; b. Any accessory building does not exceed the ground coverage of the dwelling; c. Any accessory building shall be screened from adjacent residential property, d. Any accessory building shall be constructed of the same or similar design and material as the principal building; and e. Commercial and home occupation uses are prohibited in any accessory building_ Number: a. No more than two (2) accessory storage buildings or aaraizes shall be allowed on one (1) or more single family lot under common ownership b. Exception: An exception for a third accessory building may granted, provided the following requirements are met: 1) Third accessory structure qualifies as an outdoor living space, as defined in Section 200.2; and 2) The cumulative floor area of all three accessory structures does not exceed the maximum allowed floor area (1,150 square feet). C. Commercial Accessory Uses: 1. Setbacks: All commercial accessory buildings shall meet the setbacks of the principal building. 2. Size: All commercial accessory buildings shall not exceed thirtv percent (30%) of the gross floor space of the principal building. 3. Number: No more than one (1) accessory building shall be allowed on any commercially -zoned property, except by conditional use permit. 4. Accessory buildings shall match the exterior finish of the principal building in color and materials. D. Multi -Family, Agricultural, & Industrial Accessory Uses: Except as otherwise noted, all accessory buildings and uses for all principal uses (other than single-family detached dwellings) shall conform to the setback requirements specified for the respective zoning district in which they are located. E. Height Limits: Except as expressly allowed by conditional use permit accessory buildings shall comply with the following height limitations: 1. Zoning District Maximum Height A-1 16 feet A-2 16 feet R-1 16 feet R-1 A 16 feet R-2 16 feet R-3 16 feet M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Ace Bldg OPTION ONE (2nd version).doc Agenda Item No. S.n. i.. Meeting Date March 16, 2009 City of Albertville County of Wright Ordinance No 2009- x_ (Accessory Structure Regulations) Page 3 of 4 OPTION ONE R-4 16 feet R-5 16 feet R-6 16 feet R-7 16 feet R-8 25 feet R-MH 15 feet - B-2 35 feet 13-2A 35 feet B-3 35 feet B-4 35 feet B-W 35 feet I-1 35 feet 1-2 35 feet P/1 35 feet 2. Accessory buildings, other than garages shall be limited to ten (10) feet in height on all two-family, quadraminium, or townhouse unit lots. Building Type And Standards: 1. The same or similar quality exterior building material (meaning exterior finish and color) shall be used in the accessory building and in the principal building, 2. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory buildingis s not different from the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity, as determined by the Citv Council: or b. A depreciation of neighborhood or adjacent property values. 3. Pole buildings, as defined in Section 200.2 of this Ordinance: a. Are prohibited in residential and commercial districts. b. Are permitted within the A-1 and A-2 Districts only in association with agricultural operations. c. Are allowed in industrial districts as a conditional use; provided the following are met: 1) The structure involves an expansion of an existing pole buildings 2) The design and building material conform to the character of the area in which the structure is located; 3) There is documented need for this type of construction; and 4) The provisions of Subsection 400.2F of this Ordinance are considered and satisfactorily met. G. Noisy Uses and Equipment in Side Yards: No accessory uses or eauinment. such as air conditioning units or condensers, which generate noise may be located in a side yard except for side yards abutting streets where eauinment is fully screened from view. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Acc Bldg OPTION ONE (2nd version).doc QQ Agenda Item No. (7. riTT�� .A . Meeting Date March 16, 2009 39 City of Albertville County of Wright Ordinance No 2009- x Page 4 of 4 (Accessory Structure Regulations) OPTION ENE H. Conditional Use Permits: ADiDlication for a conditional use hermit under this Section shall be regulated by Chapter 400 of this Ordinance. Such a conditional use permit may be granted; provided, the following are met: 1. There is a demonstrated need and potential for a continued use of the structure and the purpose stated; 2. The building has an evident reuse or function related to the principal use; 3. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare; and 4. The provisions of Subsection 400.2E of this Ordinance shall be considered and a determination made that the proposed activities is in compliance with such criteria. SECTION 2. Section 200.2 is hereby amended as follows: OUTDOOR LIVING Any detached accessory building utilized as a living space such as a SPACE: gazebo, screened porch, or play house. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of March 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Acc Bldg OPTION ONE (2nd version).doc Agenda Item No. B.H. I . Meeting Date March 16, 2009 2 F OPTION TWA CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009 - AN ORDINANCE AMENDING SECTION 1000.4 (ACCESSORY BUILDINGS, USES AND EQUIPMENT) AND SECTION 200.2 (DEFINITIONS) OF THE ALBERTVILLE ZONING ORDINAINCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO ACCESSORY BUILDING REGULATIONS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1000.4 is hereby repealed in its entirety and replaced with the following: 1000.4: ACCESSORY BUILDINGS, USES AND EQUIPMENT: A. Farm Operations Exempt: Farm operations are exempt from the requirements of this section. B. Single -Family Accessory Uses: 1. Setbacks: a. Front Yard: No accessory use, building, structure, or equipment shall be allowed within a required front .yard. b. Side Yard: As required b zoning district. c. Rear Yard (includes side yard within rear yard): Allowed to encroach into the required setback, but not less than ten (10) feet. d. No such encroachment may occur on a required easement or in a required side yard setback abutting a street on a corner lot. e. Alley: Private garages having direct access onto an alley shall be set back twenty (20) feet from the alley lot line. 2. Number: a. No more than two (2) accessorystorage torage buildings or garages shall be allowed on one (1) or more single family lot under common ownership. b. Exception: An exception for a third accessory building may be permitted, provided the following requirements are met: 1) Third accessory structure qualifies as an outdoor living space, as defined in Section 200.2; and 2) The cumulative floor area of all three accessory structures falls within the parameters of the floor area allowed (1,150 square feet). 3. Size: a. Minimum Size: An attached or a detached garage shall not be less than 530 square feet in floor area. b. Maximum Size: An attached or a detached garage shall not: M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Acc Bldg OPTION TWO (2nd version).doc Agenda Item No. &H. L Meeting Date March 16, 2009 41 City of Albertville County of Wright Ordinance No 2009- x_ (Accessory Structure Regulations) Page 2 of 4 0 1) Exceed 1,000 square feet of floor area; 2) Exceed the ground coverage of the dwelling; or 3) Occupy more than 25% of the area of the rear yard. PTIO., TWO 4) A second accessory building may be permitted provided it does not exceed 240 square feet in floor area, when accompanied by an attached or detached garage on the same lot. c. Cumulative Area: The total floor area allowed for all accessory buildings and garages shall not exceed 1,150 square feet. 4. Size Exception: An exception to the size requirements may be granted through an administrative permit; provided the following requirements are met: a. The parcel is one acre or greater in size; b. Any accessory building does not exceed the ground coverage of the dwelling; c. Any accessory building shall be screened from adjacent residential property; d. Any accessory building shall be constructed of the same or similar design and material as the principal building; and e. Commercial and home occupation uses are prohibited in any accessory building. 5. Design Standards/Covenants: These accessory building_ performance standards are qpplicable for all single family lots in the City, provided, however that these standards shall not be permitted where these design standards will supersede design standards or covenants that have been established as part of an approved residential planned unit development. Property owners shall demonstrate compliance with approved covenants/ design standards with the submission of a building permit for an accessory building, C. Commercial Accessory_ Uses: 1. Setbacks: All commercial accessory buildings shall meet the setbacks of the principal building. 2. Size: All commercial accessory buildinas shall not exceed thirtv Dercent (30%) of the gross floor space of the principal building 3. Number: No more than one (1) accessory building shall be allowed on any commercially -zoned property. 4. Accessory buildings shall match the exterior finish of the principal building in color and materials. D. Multi -Family, Agricultural, & Industrial Accessory Uses: Except as otherwise noted, all accessory buildings and uses for all principal uses (other than single-family detached dwellings) shall conform to the setback requirements specified for the respective zoning district in which they are located. E. Height Limits: Except as expressly allowed by conditional use permit, accessory buildings shall comply with the following height limitations: 1. Zoning District Maximum Height A-1 1 16 feet M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Acc Bldg OPTION TWO (2nd version).doc Agenda Item No. B.I . I . Meeting Date March 16, 2009 42 City of Albertville County of Wright Ordinance No 2009- x_ (Accessory Structure Regulations) Page 3 of 4 OPTION TWO A-2 16 feet R-1 16 feet R-1 A 16 feet R-2 16 feet R-3 16 feet R-4 16 feet R-5 16 feet R-6 16 feet R-7 16 feet R-8 25 feet R-MH 15 feet B-2 35 feet B-2A 35 feet B-3 35 feet B-4 35 feet B-W 35 feet I-1 35 feet 1-2 3 5 feet P/I 35 feet 2. Accessory building, other than garages, shall be limited to ten (10) feet in height on all two-family, quadraminium, or townhouse unit lots. Building Type And Standards: 1. The same or similar quality exterior building material (meaninii exterior finish and color) shall be used in the accessory building and in the principal building_ 2. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory buildingis s not different from the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity, as determined by the City Council; or b. A depreciation of neighborhood or adjacent property values. 3. Pole buildings, as defined in Section 200.2 of this Ordinance: a. Are prohibited in residential and commercial districts. b. Are permitted within the A-1 and A-2 Districts only in association with agricultural operations. c. Are allowed in industrial districts as a conditional use,• provided the following are met: 1) The structure involves an expansion of an existing pole building; 2) The design and building material conform to the character of the area in which the structure is located; 3) There is documented need for this type of construction; and 4) The provisions of Subsection 400.2F of this Ordinance are considered and satisfactorily met. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Acc Bldg OPTION TWO (2nd version).doc Agenda Item No. 8..1.1..1.. Meeting Date March 16, 2009 43 City of Albertville County of Wright Ordinance No 2009- x_ (Accessory Structure Regulations) ON TWO Page 4 of 4 OFTI G. Noisy Uses and Equipment in Side Yards: No accessory uses or equipment, such as air conditioning units or condensers, which generate noise, may be located in a side yard, except for side yards abutting streets where equipment is fully screened from view. H. Conditional Use Permits: ADDlicatlon for a conditional use hermit under this Section shall be regulated by Chapter 400 of this Ordinance. Such a conditional use permit may be granted; provided, the following are met: 1. There is a demonstrated need and potential for a continued use of the structure and the purpose stated; 2. The building has an evident reuse or function related to the principal use; 3. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare; and 4. The provisions of Subsection 400.2E of this Ordinance shall be considered and a determination made that the proposed activities is in compliance with such criteria. SECTION 2. Section 200.2 is hereby amended as follows: OUTDOOR LIVING Any detached accessory building utilized as a living space such as a SPACE: gazebo, screened porch, or play house. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of March 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-006 Acc Bldg OPTION TWO (2nd version).doc Agenda Item No. 8..H. l.. Meeting Date March 16, 2009 A,lbertville Mayor and Council Communication March 9, 2009 SUBJECT: LEGAL - PRELIMINARY ASSESSMENT ROLL TO COMPLETE ALBERT VILLAS 6TH ADDITION PUNCH LIST ITEMS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: to REVIEW the Preliminary Assessment Roll for improvements to the Albert Villas 6th Addition; which includes Special Assessments in the amount of approximately $45,000 against twenty-nine (29) undeveloped lots in Albert Villas 6th Addition, all of which are owned by Lakeland Construction Finance, LLC, for the cost of completing punch list items. BACKGROUND: On Monday, April 6, 2009 an Assessment Hearing will be held to consider Special Assessments in the amount of approximately $45,000 against the undeveloped lots in Albert Villas 6th Addition for the cost of completing punch list items. On November 31, 2005, Edina Development Corporation filed for Chapter 11 bankruptcy protection. At the time, it had not completed all of its obligations under the Albert Villas 6th Addition Developer's Agreement, leaving approximately $45,000 in punch list items (cracked curb and sidewalk, unplanted landscape trees, etc.) unfinished. The bankruptcy effectively discharged Edina Development from its remaining obligations under the Developer's Agreement, although the lots in the development remain bound by the terms of the Developer's Agreement. The City was secured by a letter of credit from Lakeland Construction Finance, LLC, a financing company that financed many developments in the Twin Cities area, including Albert Villas 6th Addition. That letter of credit expired in August 2008; before the City filed a claim on it (we missed the deadline by a few days). Even had the City claimed on the letter of credit, the City would not have been paid as Lakeland is insolvent and now under receivership in Hennepin County Court, with no creditors now being paid at this time. At least one other city in Wright County claimed on a Lakeland letter of credit prior to August, 2008, and has not been paid. Couri, MacArthur and Ruppe is aware of at least four cities that have claimed on Lakelands letters of credit, with none of them being paid. From what staff can tell, Lakeland has more than $40 million in obligations due that it has defaulted on. With no letter of credit to back the work to be done, Staff is recommending that the City special assess the vacant lots in the 6th Addition for the cost of the punch list items. The Developer's Agreement gives the City the power to special assess the developer's property in the event the letter of credit is insufficient to cover the developer's default. There are thirty two vacant lots in Albert Villas 6th Addition. Each lot would be special assessed approximately $1,551.72 per lot. M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 AV6 - PrelimAssess (RCA).doc Agenda Item No. 9.j.1.. Meeting Date March 16, 2009 Mayor and Council Communication — March 9, 2009 Engineering - Preliminary Assessment Roll - Albert Villas 6th Add. Page 2 of 2 KEY ISSUES: • Hearing to be held on April 6, 2009. • The City will incur approximately $45,000 to complete the punch list items for Albert Villas 6th Addition. • There is no letter of credit to draw on to reimburse the City for these expenses. • 29 vacant lots would each be special assessed approximately $1,551.72 • The final assessment amount will be based on the bids received and selected to complete the work. POLICY CONSIDERATIONS: The Developer's Agreement allows the special assessment of Developer's lots, but is silent as to which lots (i.e. all or some) should be special assessed. Staff is recommending special assessing the vacant lots as those are the lots the typically would remain in the Developer's ownership at this stage of the development, and thus best fits the intent of the Developer's Agreement. FINANCIAL CONSIDERATIONS: If the City chooses not to special assess these costs; the City would need to find $45,000 from the general fund or some other fund. There is no other way to recover these costs other than via special assessment. LEGAL CONSIDERATIONS: The Developer's Agreement authorizes the special assessment of the properties in the plat if the letter of credit is insufficient to cover the Developer's obligations. The Developer's Agreement does not require that all properties in the plat be special assessed. It is my belief that, in the absence of a provision to the contrary, the City can special assess the vacant lots only for the costs to complete the Developer's obligations. Respectfully submitted, Larry R. City Administrator Department/Responsible Person: Engineering/Adam Nafstad, Asst. City Engineer and Legal/Mike Couri, City Attorney Attachments: Preliminary Assessment Roll and map M:\Public Data\Requests for Council Actions (RCA)\2009\04 06 2009 AV6 - PrelimAssess (RCA). doe Agenda Item No. 9.J.1.. Meeting Date March 16, 2009 PRELIMINARY ASSESSMENT ROLL ALBERT VILLAS 6TII ADDITION IMPROVEMENTS ALBERTVILLE, MN March 9, 2009 ALBERT VILLAS 6TH ADD. PROPERTY ADDRESS PARCEL ID PROPERTY OWNER PROPOSED ASSESSMENT Lot Block 3 1 10548 49th Street 101-096-001-030 Lakeland Construction $1,551.72 8 1 10628 49th Street 101-096-001-080 Lakeland Construction $1,551.72 9 1 10642 49th Street 101-096-001-090 Lakeland Construction $1,551.72 10 1 10656 49th Street 101-096-001-100 Lakeland Construction $1,551.72 11 1 10670 49th Street 101-096-001-110 Lakeland Construction $1,551.72 12 1 10684 49th Street 101-096-001-120 Lakeland Construction $1,551.72 1 2 4965 Kalenda Ave 101-096-002-010 Lakeland Construction $1,551.72 2 2 4951 Kalenda Ave 101-096-002-020 Lakeland Construction $1,551.72 3 2 4939 Kalenda Ave 101-096-002-030 Lakeland Construction $1,551.72 4 2 4927 Kalenda Ave 101-096-002-040 Lakeland Construction $1,551.72 3 3 10603 48th Street 101-096-003-030 Lakeland Construction $1,551.72 4 3 10625 48th Street 101-096-003-040 Lakeland Construction $1,551.72 5 3 10643 48th Street 101-096-003-050 Lakeland Construction $1,551.72 6 3 10665 48th Street 101-096-003-060 Lakeland Construction $1,551.72 7 3 10683 48th Street' 101-096-003-070 Lakeland Construction $1,551.72 12 5 10761 49th Court 101-096-005-120 Lakeland Construction $1,551.72 15 5 10748 49th Court 101-096-005-150 Lakeland Construction $1,551.72 16 5 10734 49th Court 101-096-005-160 Lakeland Construction $1,551.72 1 6 4998 Kama Lane' 101-096-006-010 Lakeland Construction $1,551.72 1 7 4988 Kalenda Ave' 101-096-007-010 Lakeland Construction $1,551.72 2 7 10551 49th Street 101-096-007-020 Lakeland Construction $1,551.72 4 7 10607 49th Street 101-096-007-040 Lakeland Construction $1,551.72 6 7 10649 49th Street* 101-096-007-060 Lakeland Construction $1,551.72 8 7 4985 Kama Lane 101-096-007-080 Lakeland Construction $1,551.72 13 7 4929 Kama Lane 101-096-007-130 Lakeland Construction $1,551.72 16 7 4895 Kassel Ave' 101.096-007-160 Lakeland Construction $1,551.72 19 7 4906 Kalenda Ave 101-096-007-190 Lakeland Construction $1,551.72 23 7 4956 Kalenda Ave 101-096-007-230 Lakeland Construction $1,551.72 25 1 7 4980 Kalenda Ave 101-096-007-250 Lakeland Construction $1,551.72 " FINAL ADDRESS YET TO BE SET 1of1 TOTAL ASSESSMENT: $44,999.88 47 49TH ST CT ASSESSED LOTS (29) - PROPOSED ASSESSMENT RATE = $1551.72/LOT BOLTON aL MENK, 1"C% CITY OF ALBERTVILLE, MN ConsultingO,MN EngiMONT, MN a Surveyors ALBERT VILLAS 6TH. ADDITION IMPROVEMENTS MANKATO, MN FNRMONT, MN SLEEPY EYE, MN WILLMM, MN 8URNSALLE, MN C ASK& MN RAMSEY. MN AMES. K ASSESSMENT MAP k Menk, Inc. 2009, All Rights Reserved MARCH, 2009 FIGURE NO. 1 1100767\GD\700767ASSESSMEHf.Ewa 3/I1/09 9:19 em �lbcrtville Mayor and Council Communication smav— u.kw-.t yaw ur.. May 5, 2007 SUBJECT: ADMINISTRATION - 5975 Main Avenue Building Lease Renewal RECOMMENDATION: It is respectfully requested that the Mayor and City Council adopt the following motion: Motion to renew InFIT Training LLC Lease of 5975 Main Avenue NE, changing the lease term from a one-year lease to a month -to -month lease with a ninety (90) day exit clause for both parties starting May 15, 2009. The rate is to remain the same at $8.00 per square foot ($1,546.67) triple net with the lessee paying property taxes ($9,000/yr), building insurance ($600/yr), City pylon sign ($60 per month), utilities and applicable sales taxes. The City shall maintain the lawn and perform the majority of the removal of snow from the sidewalk and parking lot. Beginning January 1, 2010 and every January thereafter lease rate shall be automatically adjusted for inflation equal to the Consumer Price Index not to exceed 6%. Lessee is authorized to complete leasehold improvements to install a doorway between the first and second office in the Southeast portion of the building and to paint the interior of the building, with the lessee paying of all leasehold improvements. Employee parking shall be on the west side of the building. The City Attorney is directed to revise the lease documenting these and wher terms at the City Attorney's discretion. BACKGROUND: InFit has occupied the building since May of 2008, and has made all of their payments on a timely basis. Parking arrangements have worked well and in general InFit has been a good neighbor. New to the lease is changing the term of the Lease from a year-to-year lease to a month -to -month Lease with a 90-day exit clause. InFit would like to expand and can not do so on the current site. If they are able to find another location, they would like the opportunity to move with a 90-day notice. InFit has agreed to also lease a sign on the City's pylon sign at the prevailing rate for the same term as the building lease. POLICY/PRACTICES CONSIDERATIONS: The City does not have any policies relating to leasing of buildings. FINANCIAL CONSIDERATIONS: The City is generating $2,346.67 per month and InFit has always made timely payments. The current Lease would have a 3.85% increase effective in May of 2009. With the economic woes, it is believed that continued rental of the property by InFit is in the City's best interest. Postponing a Cost of Living increase until January of 2010 will result in the City forgoing $722.80. M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 5975 Main Avenue Lease Renewal RCA.doc Agenda Item No. 4 X 1. . Meeting Date March 16, 2009 Mayor and Council Communication — March 11, 2009 Administration — 5975 Main Avenue NE Building Lease Page 2 of 2 LEGAL CONSIDERATIONS: The City Council has the statutory authority to enter into property leases and agreements. It is the City Attorney's recommendation to continue to require the InFit Training LLC sign a personal guarantee, as typically these types of businesses do not have significant assets to back up the lease in the case of default. It is a common practice for these LLC's to sign personally. Respectfully submitted, '411, 'ArLkx- Larr R. Kruse' ruse' City Administrator Department/Responsible Person: Administration/Larry Kruse City Administrator Attachments: InFIT Training LLC offer letter M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 5975 Main Avenue Lease Renewal RCA. doe Agenda Item NANA. . Meeting Date March 16, 2009 Albertville Mayor and Council Communication March 10, 2009 SUBJECT: ADMINISTRATION - I-94 WESTBOUND COLLECTOR DISTRIBUTOR FINAL DESIGN PROPOSALS RECOMMENDATION: This space on the agenda is reserved for the City Council to review three proposals to complete the final design of the I-94 Collector Distributor Road. Staff has identified the following options: 1) Enter into a contract with one of the firms to complete the I-94 Westbound Collector Distributor Road final design to be completed in 2009, with the cost being paid via an inter -fund loan and repaid via the current transportation levy over a period of years to be determined. 2) Move to not accept any of the proposals at this time. 3) Table the issue until a later time with the understanding that delaying contract award may require extending the deadline beyond December of 2009. BACKGROUND: For the past ten years the City has been working towards improved I-94 access. The City has spent approximately $1,000,000 identifying an approved layout and acquiring right-of-way. The City was awarded an $800,000 Federal Grant, with $655,000 of those funds being already used to acquire right-of-way. The Minnesota Department of Transportation and Federal Highway recently stated our layout was ready for approval. To continue moving the project forward the next step would be to hire an Engineering Firm to complete the final design in preparation for bidding. On January 201h, the City Council requested staff invite WSB, SRF, BMI, and SEH to submit proposals to complete the I-94 Collector Distributor Road Final Design. The Federal Government is planning on issuing stimulus funds to assist the economic recovery. Priority will be given to project which are shovel ready and can put people to work and pump money into the economy as soon as possible. Albertville's I-94 Final Design will not meet the first deadline for funding, but may meet later funding cycles. Completion of the final design will enhance the city's likelihood of receiving Federal Stimulus Funding, and being included in the six -year Federal Transportation Reauthorization Bill. All proposals include the totality of work to bring the westbound portion of the I-94 project through an approved final design. MNDOT, Federal Highway and Wright County will all need to approve the plans. Further, we would like to get the City of Otsego's concurrence of the plans. Staff believes all proposals are comparable in scope and outcomes. Enclosed in your packet you will find three firms that responded as follows: M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 I-94 Final Design RCA.doc Agenda Item No. 8.K.2. Meeting Date March 16, 2009 Mayor and Council Communication — March 10, 2009 Administration - I-94 Collector Distributor Final Design Proposals Page 2 of 3 SRF $326,366.00 WSB $364,033.00 SEH $364,635.00 All three firms have excellent transportation experience and regularly work on interstate projects. It is staff s opinion that with the current economic condition, engineering firms are looking for work. The proposals reflect that this work in "on sale". Early estimates for this work during "normal times" were in the $500,000 to $600,000 range. In selecting a consultant the City may consider the following: • Professional excellence, demonstrated competence specialized experience of the firm • Staffing capability, workload and ability to meet schedules • Principals to be assigned and education and experience of key personnel • Nature and quality of completed work • Reliability and continuity of firm • Present level of minority utilization and an acceptable affirmative action plan • Contract costs • Knowledge of the project, community, and other agencies involved • Other factors deemed relevant to the contract effort KEY ISSUES: • Completing the study will enhance our likelihood of receiving Federal Stimulus Funding and being included in the six -year Federal Transportation Reauthorization Bill. • Engineering firms are looking for work and proposals are very competitive. • Having the project shovel ready is a way to keep the project moving towards completion. • If the project is delayed due to funding, the plans will not be obsolete. POLICY/PRACTICES CONSIDERATIONS: N/A FINANCIAL CONSIDERATIONS: Staff anticipates funding the I-94 Final Design via an inter -loan fund. In the past the City was levying $100,000 towards I-94 improvements and in 2009, the City lowered it to $80,000. In 2009, $40,000 of these dollars is dedicated towards lobbying our Congressional Delegation to fund the I-94 Project. The balance of unused funds can be dedicated towards repaying the inter -fund loan for final design. If the 2010 budget allows, staff would recommend increasing the 2010 budget for I-94 back up to the $100,000 level. However, it is too early to tell if the economy will improve and what other budget pressures we will have during budget development. It is anticipated that over the next five to six years the loan can be repaid with the current levy. The amount spent for lobbying will affect how quickly we can repay the loan. If the City receives federal funding for construction, the City can then wrap the loan amount into the long-term project financing. M.\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 I-94 Final Design RCA.doc Agenda Item No. 8..K.2. Meeting Date March 16, 2009 52 Mayor and Council Communication — March 10, 2009 Administration - I-94 Collector Distributor Final Design Proposals Page 3 of 3 LEGAL CONSIDERATIONS: The Mayor and Council have the statutory authority to contract with a professional firm to complete final engineering plans. The City has the discretion to invite qualified firms and has chosen an open and fair process. The City is not obligated to accept the lowest price proposal, quote or bid for professional services, as professional services are not subject to the competitive bidding law. The City should chose a consultant who best meets the needs of the City's base selection criteria mentioned above. Respectfully submitted, Larry R. e City Administrator Department/Responsible Person: Administration/Larry Kruse, City Administrator Attachments: WSB, SRF and SEH Proposals M:\Public Data\Requests for Council Actions (RCA)\2009\03 16 2009 I-94 Final Design RCA.doc Agenda Item No. 8.K.2. Meeting Date March 16, 2009 A,lbertville Youm Lh&mt. Mg Ow M6 Date: March 10, 2009 To: City Council From: Larry R. Kruse, City Administrator Re: General Update FYCC FUNDING Superintendent Ziegler, City Administrator Derus and I have been meeting to identify a plan to manage the Park, 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 ranging from Community Education take over the programming to each City managing our own programming. Community Education presented a draft budget if they take over the program and Sandy Greninger will be putting together a proposed budget if FYCC continues without Federal Funding and focuses on Parks and Recreation. I-94 PROJECT — WASHINGTON TRIP Mayor Klecker, Council member Fay and myself are scheduled to go to Washington on Wednesday, March 251h and Thursday, March 261h. Meetings are scheduled with Senator Klobuchar, Congresswoman Betty McCollum, Congressman Oberstar and Congresswoman Bachmann. NIEMEYER — CSAH 37 WEST PROJECT The plan was to present the Niemeyer Development Agreement, Ordinance creating the related water/sewer district and approving the final plat at the March 16th meeting. Finalizing the terms of the Development Agreement has taken longer than anticipated and we are tentatively scheduling it for the upcoming April 6th Council meeting. EMMA KRUMBEES RESTAURANT The most recent news is the restaurant will be opening in late April or early May sometime. CONSULTANT WORKSHEET Attached is a worksheet staff uses to track ongoing issues and projects. Please review and feel free to ask any questions about the status of these items. M:\Public Data\City Administrator\2009\Reports to Council\03-16-2009 City Admin Report.doc Agenda Item No. 8.K.3. Meeting Date March 16, 2009 55 �lb£rtvi i 1c s-A Town u.rw. we aw uf.. Updated March 17, 2009 Consultants "To Do List" City Planner - Alan: Consultant Staff Agenda March 17, 2009 9:00 a.m. Present to Present for Project Reports -Ordinances- Planning Proposed Item(s) Council RCA Due Date Commission (if Approval applicable) k v � i, ,4`s45" Tc�Ap �r i, 'r+A.'4`6h' (�y, jj�ryry t i n ! y� Y k °v Uzi Wi '*"tksY *vb�{ �}� .#� ?fin �? h.T f'. �y��+ } �N"�,�.,,.{' rc �� •. � ��•� ._ Ye . � �� .�Ni �i f .��5` 'S: 5 � � . 'n",� 'eft ��/�■� �c y,y � :' j, �« {F 3': s '�.^f'.. ¢u� fir p� ,y.(s,`m"a` T ti'{gwy S �; ;Y ,, tua r4;„, �4 �,a dc`a a•' st �s h+ '`` `,. r . ire" u �y„✓i�`+", �onvenxence {Store/Gas �� ' Pl� �l��d �/� Bld �e3'leW � g �,�tatlOIl%R65taUrantS RCA Res 31�b/09 � .' �/� �. ' approved by PZ)„ k c 3 Regs .stipulatuag no:' of Council Appendix A honing Ord , l ptr dotes - to `grant a an amend (text orr r 3d0 Admin Amend {Text`& map) from a 4/5's vote ofth PH field !14110, �41tl�i/tiJ (if Maps of the 20(l5 Albeiilie Council to a aa�oniy�,of the apto�d by P Municipal pity Cideouiicil 1Z A 3/16la9 .Qrd begs t�pulatiiig then no of OL1il Appendix pia `onr�g Ord Copt Voteseded to grant a conditiol " use permit &94J 40Q �� Admii CUPS of theR03 to a thewpd 'Hhe d Zllt�4j bl) 1brtvilleinac tpal Get Code?ac�l na�ont;of � Qrd 311/i? x�r f . F � 3 �2 Deftd�ance pxeard for �,, Teat amend to C�a t '�1�0��1,�� p ti rep I2GA ;amertdang then e Perf1tit 100t1 A rev�.`s� S '. t z` BA uu� h s[1s�tandade17/9� S $ p tha 2 A�ib��lle M77 ■y��. 1tGA Ord �dtre n n6,0 tlh f 5 tt ;s Nu } h #s"'=',_.,:'+xh =tom pt121fi1109 nt �� Guardian Angels Ongoing — tentative 2010 MAPublic Data\Committee Agendas\Consultant Staff Agendas\2009 Agendas\03-17-09 Cons Agenda(2-3 list carried forward).doc 57 A\1bertv;11e 7�UAW ffignbjUt- Assistant Citv Engineer Adam: March 17, 2009 Consultants "To Do" List Page 2 of 4 Project Reports -Ordinances- Present to Planning Present for Proposed Item(s) Commission (if Council RCA Due Date applicable) A royal Wr Process Pay Estimate Final - 701h St. East of CSAH 19 n/a TBD (rec'd 1/7/09) `; Alpert Villas btn Addit>«n y T3ald asessrnerttarsng = r fi Punch IJ�st �idewa�s and ` As�essmextt Roll n/a, � � - Cl4�t��ilQ9 y�-[�lrepaziy , CSA 3'� West Plraject , Authorize advertising bids nla C3pen;btds Olh4/09 dyer � N()T �eldermeyer AwwlCl R�A ��'�I1 'eolltdfiit CltY �; �� <" � �y r <�' l7Yd ii�vr! Ongoing project consultant Standard Street Spec n/a n/a staff 2/3/09 Ongoing project consultant Street Inventory Worksheet n/a n/a staff 2/3/09 Finalize construction and close Winter Park 06/01/09 out James Franklin - Construct. project Closeout 06/09 n/a 06/2009 Contract -sewer proj. Punch list items - consider CSAH 19 South n/a TBD closing out Finalize draft report for staff Stormwater Study Report review - tentatively due n/a TBD 11/2008 - put -off until 2009 Warranty Items and LOC Hunter's Pass issues (City to cover park n/a TBD under insurance) Ongoing project - due to Eng Albertville City Map(s) n/a n/a -Nov 2009 MAPublic Data\Committee Agendas\Consultant Staff Agendas\2009 Agendas\03-17-09 Cons Agenda(2-3 list carried forward).doc 58 A�Ibcrtvi j jc s.a r ung. ft crw Uf. March 17, 2009 Consultants "To Do" List Page 3 of 4 Project Reports -Ordinances- Present to Present for Asst. City Eng. cont'd RCA Due Date Planning Comm. Council Proposed Item(s) (if applicable) Approval Downtown Plat address drainage swale issue — n/a Plat recorded smoke test 2009 12/08 New STMA High School Punch list for utilities - STMA n/a TBD School ?? pond — close out MSA Ma p Finance — review funds before n/a to late City Attorney Mike: Project Reports -Ordinances- Present to Present for Proposed Item(s) RCA Due Date Planning Comm. Council (if applicable) A royal i I "" X �.f ." Y (. F ' �"St '�. F} t F`+ � F �,a' IN "f y., Y.• _T �,; � � Amend Dev�Agzee-� w�rtmg to s r � '�'� � Albertv;File Marketplace �1'lnl -hear from Lida Fisher & � fi n/a � �� +�orc �� or,�s) w Albe-Willas 6cn Add><#ro>d x �zs'a✓, � a �g IJ 1L � ; ongoing lawsuit —Pond Litigation— Closed session Albert Villas Dev request SEH to send technical n/a 03/16/09 info for neg't A t¢gg'-.'.. 'lnl�e(Netl�erTa D�trdplirv��ra1' .i.. �y 'yt ?� �, i7d ,[j�.i1iJ �F {3qi' �� ,. ��°.�'3 '.�:x '�..+ .. �j... �'�� X6�' jr� '✓�"+' �• £�, �?�i«'r i }�,'?£t'.n 3 �' 4�§�"Y �� }.iY,Ti'�k'� � '+T ,(,. �'�'nt��s'^"��`�E yS"` �"�" � � r�'.�4:�� "r MAPublic Data\Committee Agendas\Consultant Staff Agendas\2009 Agendas\03-17-09 Cons Agenda(2-3 list carried forward).doc +C 00 >,lbertvi l le smd T_ UrbW Me QW Uh, March 17, 2009 Consultants "To Do" List Page 4 of 4 Proposed Item(s) MIKE Project Reports - Present to Present for cont'd Ordinances - RCA Due Date Planning Comm. Council (if applicable) Approval Initiate I-94 Right -of -Way Bonnie Jo Kuka Purchase for BONNIE JO KUKA Stormwater Pond following 4405 COUNTY ROAD 92 N Federal Process MAPLE PLAIN MN 55359 Towne Lakes 51h LOC RCA for LOC due 05/04/09 renewed - expires 06/09 LOC 05/18/09 amount $56,000 Punch List - Update Billboard sign(s)-Hoey & relocation of Hoey billboard & n/a TBD Niemeyer site Niemeyer Barthel Bus TIF (going on 2+ Document qualified construction n/a TBD years) CSAH 19 South (Assess. -Psyk court 12/15&12/16 -Crow appeal(s)- ongoing process) 95 court 04/05 & 04/06 Animal Control Agreement On hold until further notice n/a TBD Prairie Run (residential) ongoing lawsuit - appeal(??) n/a n/a Revise Dev Agree (sidewalks & LaBeaux Station landscaping) triggered on lot -by- n/a TBD lot development or at wish of Council Amend Dev Agree - landscaping Parkside Commercial etc. - sent for developer approval n/a TBD & signatures Guardian Angels Dev. Agree - Ongoing - tentative 2010 M:\Public Data\Committee Agendas\Consultant Staff Agendas\2009 Agendas\03-17-09 Cons Agenda(2-3 list carried forward).doc