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2009-06-01 CC PacketNbErtville City of Albertville Council Agenda s o Toom urrw. ft 019 um. JUNE 1, 2009 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In any case, citizens are asked to complete a `Request to Speak Card'. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. MINUTES A. Approve the Monday, May 18, 2009 regular City Council minutes (pgs. 1-10) 7. PUBLIC HEARING A. I-94 Design Layout Presentation; Open up I-94 Westbound Collector Distributor Project for Public Comment; and, approve Resolution No. 2009-011 entitled a Resolution for Layout Approval (pgs. 11-12) B. Vacation of Alley between the properties of 11548 57th Street NE and 11558 57th Street NE within the Eull's Addition; Open up Vacation of Alley for Public Comment; and, approve Resolution No. 2009-020 entitled a Resolution Approving the Vacation of a Portion of an Alley that Lies North of 57th Street NE and South of the Burlington Northern Railroad within the City of Albertville (pgs. 13-17) 8. 40 CONSENT AGENDA All items with an asterisk () are considered to be routine in nature by the City staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member, staff, or citizen so requests. In such event, the item will be removed from the Consent Agenda; a separate discussion will take place during the General Order of Business and considered in its normal sequence on the agenda that will require a separate motion. Items 9.11.1. Public Works — Kalland Avenue NE Sidewalk (pgs. 19-21) 9.11.2. Public Works — Accept PW Supervisor Report (pg. 23) City of Albertville Council Agenda June 1, 2009 Page 2 of 3 9.D.1. Building Dept. — Accept Building Officials Report (pgs. 25-26) 9.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 27-32) 9. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department 1). 0 Approve the Parks and Recreation Committee's recommendation to accept the bids from French Lake Curb Co. to install approximately 800 feet of five foot wide side walk located on the west side of Kalland Avenue NE between 57th Street NE and Kantar Court NE in the amount not to exceed $20,419 (pgs. 19-21) 2). 0 Accept the Public Works Supervisor's Report dated May 27, 2009 (pg. 23) C. Utilities Department (WWTP) D. Building Department 1). 0 Accept the Building Official's Report dated May 26, 2009 (pgs. 25-26) E. Finance Department 1). Authorize the Monday, June 1, 2009 Payment of Claims (bills) for check numbers 027088 to 027125 (pgs. 27-32) F. City Clerk 1). Staff is looking for a Council member who would be available to attend the upcoming 2009 Local Board of Appeal and Equalization Training Session to be held by the Wright County Assessor's Office on Tuesday, September 8, 2009, from 1:00 p.m. - 4:00 p.m. at the Wright County Government Center, 10 2nd St. NW in Room 120, Buffalo, MN 55313 (pg. 33) G. City Council 1). Oral Update on the Joint Powers Water Board meeting H. Planning and Zoning 1). Approve Resolution No. 2009-021 entitled a Resolution Denying a Variance to the Side -yard Setback of 10 feet and Approving a Conditional Use Permit CUP) for a Second Accessory Building over 150 square -feet located at 10690 56t Street NE within the City of Albertville (pgs. 35-47) 2). Approve Ordinance No. 2009-010 entitled an Ordinance amending Section 1I- 9-4 (Agreement for Installation) and Section 11-9-5 (Financial Guarantee) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code, relating to deposit or security amounts required by the city and requirements of a bank issuing a letter of credit 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 (pgs. 49-52) M:\Public Data\City Council\Council Packet information\2009\06-01-09\06 012009 1-A Agenda.doc Meeting Date: June 1, 2009 City of Albertville Council Agenda June 1, 2009 Page 3 of 3 I. Engineering J. Legal K. Administration 1). Accept the City Administrator's Written Report dated May 27, 2009 (pgs. 53-54) 10. CITIZENS OPEN FORUM - (continued if necessary) 11. ANNOUNCEMENTS and or UPCOMING MEETINGS June 2009 8 6:00 p.m. STMA Ice Arena Board meeting 9 7:00 p.m. Planning and Zoning Commission meeting 1.1-14 varies Albertville Friendly City Days 12 5:00 P.M. Albertville vs. St. Michael friendly challenge " (iame 0n" 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) July 2009 2 all day Independence Day observed — City Offices closed 6 7:00 p.m. City Council meeting 1.3 6:00 p.m. STMA Ice Arena Board meeting 14 7:00 p.m. Planning and Zoning Commission meeting 20 7:00 p.m. City Council meeting 26 6:00 p.m. Joint Powers Water Board meeting August 2009 3 7:00 p.m. City Council meeting 10 6:00 p.m. STMA Ice Arena Board meeting 11 7:00 p.m. Planning and Zoning Commission meeting 17 7:00 p.m. City Council meeting 24 6:00 p.m. Joint Powers Water Board meeting 31 7:00 p.m. Committee of the Whole Workshop (tentative) September 2009 7 all day Independence Day observed — City Offices closed 8 7:00 p.m. City Council meeting 9 7:00 p.m. Planning and Zoning Commission mtg. *1.. ft 14 6:00 p.m. STMA Ice Arena Board meeting 21 7:00 p.m. City Council meeting 28 6:00 p.m. Joint Powers Water Board meeting 12. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2009\06-01-09\06 012009 1-A Agenda.doc Meeting Date: June 1, 2009 Albertville Mayor and Council Communication Smog 1� LMno .t OW Uh. May 26, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Monday, May 18, 2009 regular City Council minutes as presented, which a final copy will be printed; signed; then 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: During a Council meeting an individual serves as a Recording Secretary to document motions made on items, topics, or subjects on the agenda or brought up in 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 Recording Secretary as presented in the Council packet. Amend the content of the minutes if necessary to reflect the true action taken or statements made. POLICY/PRACTICES CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Respectfully submitted, r' Larry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: May 18, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 City Council minutes RCA.doc Agenda Item No. 6. Meeting Date June 1, 2009 A�Ibcr tyi ALBERTVILLE CITY COUNCIL MAY 18, 2009 MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE — CALL TO ORDER Mayor Klecker called the regular Albertville City Co uiCil meeting to order the Pledge of Allegiance was said. RECOGNITIONS 'PRESENTATIONS — None CITIZENS OPIP"',FORUIVI \ None 7:00 PM m., which om Fay, Larry. Sorensen, John Vetsch, and Adam Nafsarl, City Planner Alan AMENDMENTS TO THE AGENDA Mayor Klecker wanted to know if there were any changes to the agenda. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No. 6. Meeting Date June 1, 2009 F City of Albertville City Council Minutes May 18, 2009 Page 2 of 9 Monday, May 18, 2009 regular City Council agenda adding Mayor Klecker request report on his attendance at the Annual Mayor's Association Meeting to Council reports section. Motion carried unanimously. MINUTES Approve the Monday, May 4, 2009 regular City Council minutes MOTION BY Council member Sorensen, seconded by Council yr Monday, May 4, 2009 regular City Council minutes, printed and si minutes will be scanned and the electronic scanned version will be the City Clerk that will serve as the official copy. Motion parried i CONSENT AGENDA CONSENT AGENDA All items with an asterisk O are consideredtc enacted by one motion. There will be no separai member, staff, or citizen so requests. In such ei Agenda; a separate discussion will take place .dt considered in its normal segpenc, on the agency Mayor Klecker mqu� there were any items be routine in nap . discussion of tl ent `the :item will Vetsch to approve the ifter signing the nlfile in the office of by the City staff and will be items unless a Council from the Consent the General Order of Business and will req*f6 a separate motion. pulled for further discussion 9.F.1. Authorize the Monday, MAR I " 2Q09 Payment of Claims (bills) for check numbers 027029 to 0278 asresented except the billy specifically pulled, which are passed by separate motion; ,9.1. Apprb three (> Day 3.2% Malt Liquor License application(s) submitted by the Albwalle Lions for the annual F��liy City Days that will be held within the Lions Pavihon.:acted on Main Aue NE from Friday, June 12 thru Sunday, June 14; 9.G.2. Approve t$e`3nnesota LawlGambling LG240B for Excluded Bingo Application submitted by the St. Albert Catholic Aid conduct Excluded Bingo at the St. Albert Parish Center located at 5700 Main Avenue NE within the Albertville city limits for an event to be held on June 13, 2009 and November 20Q9, which a signed copy of the gambling permit will be kept on file in the office of the City; 9.G.3. Approve Resolution No. 2009-015 entitled a Resolution Approving a Three -Dad Gambling Permit for the Albertville Lions for the Period Commencing June 12, 2009 to June 14, 2009 to be held within Central -City Park (Lions Pavilion) as presented; 9.G.4. Approve Resolution No. 2009-016 entitled a Resolution Approving the Renewal of the Gambling Permit for the Albertville Lions at Major's Sports Caf6 located at 5651 LaCentre Avenue NE within the Albertville city limits as presented; 9.G.5. Approve Resolution No. 2009-017 entitled a Resolution Approving Renewal of the Gambling Permit for the Albertville Lions Club that includes Pull -Tab's, Tipboards, Paddlewheels, and Raffles at Geez' Sports Bar & Grill, 5788 Main Avenue NE within the Albertville city limits as presented; 9.G.6. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No. 6. Meeting Date June 1, 2009 3 City of Albertville City Council Minutes May 18, 2009 Page 3 of 9 Approve Resolution No. 2009-018 entitled a Resolution Approving the Renewal of the Gambling Permit for the Albertville Lions at Cedar Creek Bar & Grill located at 5700 Jason Avenue NE within the Albertville city limits; 9.G.7. Approve Resolution No. 2009-019 entitled a Resolution Approving Renewal of the Gambling Permit for the Albertville Lions at the 152 Club located at 5794 Main Avenue NE within the Albertville city limits as presented; 9.G.8. Approve the New Application for a 2009-2010 On -Sale 3.2% Malt Beverage Liquor License to MLB Restaurats Investment for Carbone's contingent upon Minnesota State Alcohol and Gambling approval, at which time the City Clerk will issue the license, <%J.1. Approve to reduce the Albertville Marketplace Letter of Credit to no less than $15,225,ccirdrtio end upon all outstanding balances owed to the City being paid in full MOTION BY Council member Fay, seconded by Consent Agenda pulling payment of claims for a q unanimously. WINTER PARK SOFTBALL FIELD The Parks Committee reported they had`reviewe( Park regarding balls hitting their fence and landit recommended installation of a 4 foot high eha'iri I approximately 200 feet long. Staff provided a quo job. Some Council members expressed conceiia there are so many other park ptot ties and little Couri what liability th�y might lave should a City Attorney Cour>'s4W, it is City has discretionary >mmait financially afford�certain imp 'c An alter -five shorter problems his„ significant ty Council's Wh,limits the a comps, in their to approve the )ne of the neighbors of Winter he Park's Committee with a la foot net (14 feet high) by r Nimatefy $5,250 to complete the much on this fence, when Council asked City Attorney go beyond the fence and hurt someone. retion if they want to install a fence. The T's liability when the City can not suggested giving the City time to study if the 5,000 plus fence investment. MOTION BVY<ouncil member Vetch, seconded by Council member Wagner to install the 14 foot high fenc&--" inter Pa& Council members Vetsch and Wagner voted aye and Council members Sorens6fi�� and; Mayor Klecker voted nay. Motion failed. MOTION BY Council riember Sorensen, seconded by Council member Fay to approve installation of a temporary five to seven foot fence installed in a manner to protect the neighbor's fence, with the idea that this issue may be revisited later this year to determine if the permanent fence is really needed. Mayor Klecker, Council member Sorensen and Fay voted aye, and Council members Vetsch and Wagner voting nay. Motion carried. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No. 6. Meeting Date June 1, 2009 N City of Albertville City Council Minutes May 18, 2009 Page 4 of 9 DEPARTMENT BUSINESS LEGAL Niemeyer Trailer Sales —Amendment to the Developer's Agreement Mr. Tim Niemeyer of Niemeyer Trailer Sales approached the City Council requesting removal of the following paragraph in the Niemeyer Development Agreement, which requires him to maintain a letter of credit guaranteeing payment of the special assessx>tI ei. for his private road. "The special assessments referred to in this paragraph are estimated to be approximately $52,402.75. The effect of this paragraph >s to allow the City to retain the developer's letter of credit in the amount of the unpaid special assessments (reducing the letter of credit as payments on the special assessments are rbide) until all special assessments are fully paid. The special assessments will likely be fully paid over a ten year period. If the developer fails to rr ake any of'the special assesshient payments when due, the City would have the developer's letter `of credit to draw onto make the required payments. The property at issue has,ssessed value of $530,300, but City Staff believes that the purchase agreement between the current owner and Niemeyer set a purchase price much hi�than the assessed value ". Staff reported that removal of the assessment guarantee does,not be fit the City and is primarily meant to guarantee timely cash_ flow to make boond;paymentstated the City is well secured by the land should assessments hot;be paid on time and interest charged will compensate the City for this time delay. MOTION BY Council paragraph fro9144 DeN Mayor Klecker to delete the following "The spCal assessmentsferred lln this paragraph are estimated to be approximately $ ,4 2.75. The effect a this pa"agr h is to allow the City to retain the developer's letter ry ,edit in the am t uxht of the `unpaid special assessments (reducing the letter of credit as-'pments on the special assessments are made) until all special assessments are fully pail, the speciaassessments will likely be fully paid over a ten year period. If thevloperils to make any of the special assessment payments when due, the City wove the developer's letter of credit to draw on to make the required payments. The property at issue has an assessed value of $530,300, but City Staff believes that'"the purchase agreement between the current owner and Niemeyer set a purchase price much higher than the assessed value." Voting aye, Mayor Klecker, Council members Fay, Sorensen and Wagner. Voting nay Council member Vetsch. Motion carried. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No. 6. Meeting Date June 1, 2009 5 City of Albertville City Council Minutes May 18, 2009 Page 5 of 9 FIRE DEPARTMENT Fire Chief Tate Mills - Fire Code Update (152 Club) Fire Chief Mills reported the majority of life safety issues have been completed at the 152 Club. Although a number of smaller items remain, he does not recommend any enforcement action. Mills reported that both he and Building Official Sutherland will continue to work with the 152 Club on the remaining fire compliance items. ` PUBLIC WORKS DEPARTMENT— no comments UTILITIES DEPARTMENT (WWTP) — no BUILDING DEPARTMENT — no comments FINANCE DEPARTMENT Authorize the Monday, 027084 as presented e. MOTION BY Council member the payment of check numbers CITY 2009 Payment:of Claims fir check numbers 027029 to W is specificall�'ulled, which: are passed by separate motion. SO,ensen, seconded b . Council member Wagner to authorize 027t 29 0 027084 M&ion carried unanimously. Appro free (3) 1-Day' % Mal-ftiquor License application(s) submitted by the Albertville Lions for the dual Friendy ity Days that will be held within the Lions Pavilion located on Main Avenue ll Aom Frida�`June 12 thru Sunday, June 14 MOTION BY Council melriber Fay, seconded by Council member Sorensen to approve the following motions; appe three (3) 1-Day 3.2% Malt Liquor License application(s) submitted by the Albertville Lioris for the annual Friendly City Days that will be held within the Lions Pavilion located on Main Avenue NE from Friday, June 12 thru Sunday, June 14. Motion carried unanimously. &Approve the Minnesota Lawful Gambling LG240B for Excluded Bingo Application submitted by the St. Albert Catholic Aid to conduct Excluded Bingo at the St. Albert Parish Center located M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No. 6. Meeting Date June 1, 2009 City of Albertville City Council Minutes May 18, 2009 Page 6 of 9 at 5700 Main Avenue NE within the Albertville city limits for an event to be held on June 13, 2009 and November 22, 2009, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Minnesota Lawful Gambling LG240B for Excluded Bingo Application submitted by the St. Albert Catholic Aid to conduct Excluded Bingo at the St. Albert Parish Center located at 5700 Main Avenue NE within the Albertville city limits for an event to be held,on June 13, 2009 and November 22, 2009, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk. Motion carried unanimously. Approve Resolution No. 2009-015 entitled a Resolution Approving a Three -Day Gambling Permit for the Albertville Lions for the Period Commencing June 12, 2009 t6 `, e 14, 2009 to be held within Central -City Park (Lions Pavilion) as presented MOTION BY Council member Fay, seconded by Council member''Sorensen to approve Resolution No. 2009-015 entitled a Resolution Approving a Three -Day Gambling Permit for the Albertville Lions for the Period Commencing June 12, 2009 to dune 14, 2009 to be held within Central -City Park (Lions Pavilion) as presente0-Motion carried unanimously A`Approve Resolution No. 2009-016 entitled,a Resolution Approving the Renewal of the Gambling Permit for the Albetvflle Lions at Major's Sports Cafe located at 5651 LaCentre Avenue NE within the AZbertville'citV limits as preented MOTION BY Council me>rnber E4y ,sqconded by Council member Sorensen to approve Resolution Nq 2009-01.6 entitled a Resolutio1 Approving the Renewal of the Gambling Permit for the Albertville ` bbxis at MajSports Cafe'located at 5651 LaCentre Avenue NE within the Alberto le city limits akpnted.'emotion carried unanimously. `Approve R©lution No. 20(19-017 entitled a Resolution Approving Renewal of the Gambling Permit for the A ertville Lion Club that includes Pull -Tab's, Tipboards, Paddlewheels, and Raffles at Geez' s,'� ^ts Bar\ & Grill, 5788 Main Avenue NE within the Albertville city limits as presented MOTION BY Council member Fay, seconded by Council member Sorensen to approve Resolution No. 2009-017 entitled a Resolution Approving Renewal of the Gambling Permit for the Albertville Lions Club that includes Pull -Tab's, Tipboards, Paddlewheels, and Raffles at Geez' Sports Bar & Grill, 5788 Main Avenue NE within the Albertville city limits as presented. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No. 6. Meeting Date June 1, 2009 7 City of Albertville City Council Minutes May 18, 2009 Page 7 of 9 ;Approve Resolution No. 2009-018 entitled a Resolution Approving the Renewal of the Gambling Permit for the Albertville Lions at Cedar Creek Bar & Grill located at 5700 Jason Avenue NE within the Albertville city limits MOTION BY Council member Fay, seconded by Council member Sorensen to approve the following motion. Approve Resolution No. 2009-019 entitled a Resolution Approving Ren wal of the Gambling Permit for the Albertville Lions at the 152 Club located at 5794 MainAvenue NE within the Albertville city limits as presented. MOTION BY Council member Fay, seconded by Resolution No. 2009-018 entitled a Resolution Al for the Albertville Lions at Cedar Creek Bar & Gr Albertville city limits. Motion carried unanimous! Approve the New Application for a License to MLB Restaurats Investment for and Gambling approval, at which time the MOTION BY Council New Application for a: Restaurats Investment=>l approval, at which time CITY /im Fay, arboA contingent i City Clbrk will issue meeting. member Sore nsento approve the the Renewal of the Gamblinc Permit at 5700 Jason Avefi-u6=NE-within the m-baie ,4.2/0 malt Beverage Liquor 's contingen't �ponMinnesota State Alcohol ►twill issue the ,, cvnse ouncil ;member Sorensen to approve the Malt Beverage Liquor License to MLB i Minnesota State Alcohol and Gambling license. Motion carried unanimously. Council mernb r Fay and Wagner reported the Board is in the process of doing Arena Manager Fitch's annual r;w. Stated youth Hockey reported increased number of players and teams. Reported the STM hoard discussed the unlikelihood of an arena expansion in the near future and is seeking info rrrrpn n development of another outside rink. City Administrator Kruse presented an overview of the property tax impacts for Albertville and St. Michael if a $5,000,000 arena was constructed. Albertville's annual debt service would increase approximately seven percent, an amount almost impossible in light of the economy. At the Arena Board meeting St. Michael stated they could not afford to participate at this time. Kruse presented an alternative whereby both cities could annuaj,�eserve $50,000 each which could be match through increased arena rates generating approximately $200,000 per year. The Council expressed interest in this concept. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No_ 6. Meeting Date June 1, 2009 M. City of Albertville City Council Minutes May 18, 2009 Page 8 of 9 Oral Update on the Planning and Zoning Commission meeting Council member Wagner reported the Commission will be recommending approval of Mr. Wagener's storage building, which was the subject of much past discussion. PLANNING AND ZONING — no comments ENGINEERING MOTION BY Council member Fay, seconded by ADMINISTRATION Heard the City Adm Downtown Plat:— City lot C ity iA dministrator Kruse seekng drection from the letter be sent to both the 15 sell the lot adjoining the RE can use the parmg area the th parking lots and ate Ci to no less than $15,225 laid in full. Motan'carried s rep t dated May;l4, 2009 l th Downtown Plat and land trade has been finalized and was 16 sale and development of the lot. The Council directed a and 6eez informing them of the City's intent to advertise and tracks. Further to inform the Downtown businesses that they )ugh the fall or until sold giving them time to finish their seed this area to grass later this fall after the volleyball season. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. May 2009 25 all day Memorial Dav observed — City Offices closed 26 6:00 p.m. Joint Powers Water Board meeting M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doe Agenda Item No. V. Meeting Date June 1, 2009 9 City of Albertville City Council Minutes May 18, 2009 Page 9 of 9 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 1.144 varies Albertville Friendly City Days 12 5:00 p.m. Albertville vs. St. Michael friendiv challenge `Game On' 1.4 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 mcettng 29 7:00 p.m. Committee of the Whole Worshop.th Monday - tentative) July 2009 2 all day 6 7:00 p.m. 13 6:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 26 6:00 p.m. 26 7:00 p.m. August 2009 3 7:00 10 6:00 11 7:00; 17 7:06 24 6:00 uu p.m. MOTION Bouncil mem meeting at 9 30'p Motion Independence Day o.bs�&i red - City City Council meet]<n STMA Ice Arena Board.meeti Planning and Zoning 66o > s4on City Council meeting Joint Powers Water Board rneetn Committee cif the. Whole Workshop ve) Sorensen, seconded by Council member Wagner to adjourn ried unanimously. Larry Kruse, City Administrator (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 05-18-09 L-draft.doc Agenda Item No. 6. Meeting Date June 1, 2009 10 A.1b£Y" tvill£ Mayor and Council Communication May 27, 2009 SUBJECT: PUBLIC HEARING - I-94 INTERCHANGE LAYOUT APPROVAL (MNDOT PROJECT NUMBER (S.P. 8680-145) RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: Motion approve Resolution No. 2009-011. entitled a Resolution For Layout Approval as presented. BACKGROUND: The Albertville City Council has submitted to the Commissioner of Transportation Albertville's preferred I-94 Layout. The Commissioner of Transportation has approved the final layout for improvement of the interchange access at County State Aid Highway (CSAH) 19 and CSAH 37 to Interstate Highway 94 within the City of Albertville; and seeks the final approval of the City of Albertville. Such final layouts are on file in the Minnesota Department of Transportation Office, St. Cloud, Minnesota, being marked, labeled, and identified as Layout No. 113, S.P. 8680-145, from 4,100 feet west of CSAH 19 to 4,600 feet east of CSAH 37. Further, the Layout is on file with the Albertville City Clerk. KEY ISSUES: An open house has been scheduled for Monday, June lst from 4:30 p.m. to 6:30 p.m. to gather public input A public hear will be held at the regular City Council meeting, Monday, June, 1, 2009 at 7:00 p.m. Council action is required by September 1, 2009. POLICY/PRACTICES CONSIDERATIONS: Minnesota State Statute 161.164 provides guidance on this matter. FINANCIAL CONSIDERATIONS: None LEGAL CONSIDERATIONS: According to State Statute (161.164, Subd.2), requires that the City notice a public hearing within 15 days of receipt of MnDOT's letter (April 6, 2009). A 30 day minimum public notice must be given before the hearing and a hearing must be held within 60 days of receiving MnDOT's letter. Within 90 days of receiving MnDOT's letter the City must take action. Respectfully submitted, ( t91V1,-j K Larry Amse City Administrator Department/Responsible Person: Administration/Larry Kruse, City Administrator Attachments: Resolution No. 2009-011 M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Public Hearing 1-94 Resolution.doc Agenda Item No. ! .A. Meeting Date June 1, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-011 RESOLUTION FOR I-94 LAYOUT APPROVAL At a meeting of the City Council of the City of Albertville, held on tl following Resolution was offered by Council member and sat to wit: WHEREAS, the Commissioner of Transportation has approved a fin improvement of the interchange access at County State". Highway to Interstate Highway 94 within the City of Albertv.Ille,=and seeks the WHEREAS, said final layouts are on file in the IVY St. Cloud, Minnesota, being marked, labeled and from 4,100 feet west of CSAH 19 to 4,600 feet east WHEREAS, improvements to city layouts. NOW, THEREFORE, Trunk Highway within. 1,11 Upon the call of the The ATTEST: Mayor _ 7; and day of June, 2009, the by Council member for the 19 and CSAH 37 thereof: and of Transportation Office, No. 1B, S.P. 8680-145, been included in the said final LVED that laid final layouts for the improvement of said mits be and''are hereby approved. voted in favor of the Resolution: against its adoption: Dated I do hereby certify thAA6 foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Albertville, Minnesota at a duly authorized meeting thereof held on the lst day of June, 2009, as shown by the minutes of said meeting in my possession. scal City Clerk MAPublic Data\Resolutions\2009 Resolutions\R 2009-011 (I-94 MnDOT Municipal Consent ) approved.doc 12 �b£Y"'tV1ll£ Mayor and Council Communication Sams I— wbmj. No at. Ur - May 19, 2009 SUBJECT: PUBLIC HEARING — KURT NEIDERMEIER APPLICATION FOR THE VACATION OF A PORTION OF AN ALLEY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion adopt Resolution Number 2009-020, approving the vacation of a portion of an alley that lies north of 571h Street NE and south of the Burlington Northern Railroad within the City of Albertville. BACKGROUND: Mr. Kurt Neidermeier has submitted an application for the vacation of a portion of an alley that is adjacent to his property. Along with the application, a Petition and Agreement to pay costs associated with a petition to vacate the alley has been signed by the adjacent property owners: Kurt Neidermeier, Stu Ryan, and Jeffrey Lehn. KEY ISSUES/FINDINGS: • The City believes that this portion of the alley is no longer needed for city purposes; this portion of the alley would best serve the public if it were returned to tax rolls; and that it is in the interest of the public to vacate the said portion of the alley. • The portion of the alley being vacated shall be divided among the properties that abut the alley, based on parcel frontage to the alley: Parcels 101013001060, 101013001032, and 101013001040. • New parcels and legal descriptions shall be established by adding the appropriate portion of the description of the alley to the existing parcel legal descriptions. The following lots shall be established: • Parcel A: The legal description of PID 10 10 13 001060, owned by Jeffry Lehn, along with the legal description of the vacated alley to be added (underlined): • Sect-01 Twp-120 Range-024 EULL'S ADDN Block-001 LTS6&7 EX E10.12FT OF LT7 BLK1 ALSO TH PRT OF VAC ALLEY LY N OF LTS6&7 E OF NLY EXT OF W LN OF SD LT6& W OF NLY EXT OF W LN OF SD E 10.12FT OF LT7, PLUS E7FT OF TH PRT OF VAC ALLEY LY between ELY LN of LTS 3 4&5 BLK 1 EULL'S ADDITION TO ALBERTVILLE & the WLY LN of LT6 BLK 1 & its NLY EXT OF SD EULL'S ADDITION TO ALBERTVILLE, Wright County, Minnesota. • Parcel B: The legal description of PID 101013001032, owned by Kurt Neidermeier, along with the legal description of the vacated alley to be added (underlined): • Sect-01 Twp-120 Range-024 EULL'S ADDN Block-001 LTS 3,4&5 BLK 1 EX W89.53FT THOF & EX N26FT OF LT3, PLUS W7FT OF TH PRT OF VAC ALLEY LY between ELY LN OF LTS 3 4&5 BLK 1 EULL'S ADDITION TO ALBERTVILLE & WLY LN of LT 6 BLK 1 & its NLY EXT OF SD EULL'S M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Planning Neidermeier RCA.doc Agenda Item No. f . . Meeting Date June 1, 2009 Mayor and Council Communication — May 19, 2009 Public Hearing — Kurt Neidermeier Alley Vacation Request Page 2 of 2 ADDITON TO ALBERTVILLE EX W7FT OF THE N26FT OF SD VAC ALLEY Wright County, Minnesota. • Parcel C: The legal description of PID 101013001040, owned by Stuart Ryan, along with the legal description of the vacated alley to be added (underlined): • Sect-01 Twp-120 Range-024 EULL'S ADDN Lot-003 Block-001 N26FT OF LT 3 BLK 1 EX N3.5FT OF W100FT(001031) EX W89.53FT(001041) PLUS W7FT OF the N26FT OF TH PRT OF VAC ALLEY TH LY between ELY LN OF LTS 3 4&5 BLK 1 EULL'S ADDITION TO ALBERTVILLE & WLY LN OF LT 6 BLK 1 AND NLY EXT OF SD EULL'S ADDITION TO ALBERTVILLE. • City Council shall approve a lot consolidation with the new legal descriptions. • New property markers shall be placed in the appropriate locations, at the expense of the property owners. • The property owners shall record the new properties and legal descriptions with the County. The City shall receive copies of the recorded documents for their files. • The City shall retain a drainage and utility easement over the entire alley width. • The City Clerk shall execute the necessary paperwork to complete the vacation of said portion of the alley. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the City Council. FINANCIAL CONSIDERATIONS: There does not appear to be any financial concerns at this time. LEGAL CONSIDERATIONS: In accordance with Council procedures, the City has the authority to vacate an alley and retain a drainage and utility easement over the entire alley width, which staff is proposing at this time. Respectfully submitted, davv'-A C R—jc�� Larry Rse City Administrator Department/Responsible Person: Public Hearing-Planning/Al Brixius, City Planner Attachments: Resolution. No. 2009-020 M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Planning Neidermeier RCA.doc Agenda Item No. / . B. Meeting Date June 1, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-020 RESOLUTION APPROVING THE VACATION OF A PORTION OF AN ALLEY THAT LIES NORTH OF 57T11 STREET NE AND SOUTH OF THE BURLINGTON NORTHERN RAILROAD WITHIN THE CITY OF ALBERTVILLE WHEREAS, the City of Albertville has duly published and mailed notice of a public hearing to consider the vacation of an alley, legally described as: That portion of the Alley that lies between the easterly line of Lots 3, 4, and 5, Block 1, EULL'S ADDITION TO ALBERTVILLE and the westerly line of Lot 6, Block 1 and its northerly extension of said EULL'S ADDITION TO ALBERTVILLE, Wright County, Minnesota. WHEREAS, Kurt Neidermeier has applied for the vacation of said portion of the alley; and WHEREAS, a Petition and Agreement to pay costs associated with a petition to vacate an alley has been signed by adjacent property owners: Kurt Neidermeier, Stu Ryan, and Jeffrey Lehn; WHEREAS, a public hearing was conducted by the City Council at the June 1, 2009 City Council meeting; and WHEREAS, the City believes that said portion of the alley is no longer needed for city purposes; and WHEREAS, the City believes that said portion of the alley would best serve the public if it were returned to tax rolls; and WHEREAS, the City believes that it is in the interest of the public to vacate said portion of the alley; WHEREAS, the Albertville City Council has received the alley vacation application, Petition, and staff RCA and agrees with the staff recommendation. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota, hereby approves the proposed alley vacation, based on the following findings of fact and decision: Findings of Fact: A. The City finds that the portion of the alley described above is no longer needed for city purposes; and M:\Public Data\Resolutions\2009 Resolutions\dra$\R 2009-xxx Neidermeier Alley Vacation.doc 15 City of Albertville County of Wright Resolution No. 2009-020 Page 2 B. The City finds that said portion of the alley would best serve the public if it were a tax - generating property; and C. The City finds that it is in the interest of the public to vacate that said portion of the alley. Decision: Based on the foregoing information, the City Council hereby APPROVES the alley vacation, subject to the following conditions: 1. The portion of the alley being vacated shall be divided among the properties that abut the alley, based on parcel frontage to the alley; 2. New parcels and legal descriptions shall be established by adding the appropriate portion of the alley to the existing parcels; 3. New property markers shall be placed in the appropriate locations, at the expense of the property owners; 4. City Council shall approve a lot consolidation with the new legal descriptions; 5. The property owners shall record the new properties and legal descriptions with the County. The City shall receive copies of the recorded documents for their files; 6. The City shall retain a drainage and utility easement over the entire alley width; and 7. The City Clerk shall execute the necessary paperwork to complete the vacation of said portion of the alley. Adopted by the Albertville City Council this 1st day of June, 2009. Attachment: Site Location Map Ron Klecker, Mayor Bridget Miller, City Clerk M:Tublic Data\Resolutions\2009 Resolutions\draft\R 2009-xxx Neidertneier Alley Vacation.doc 16 Wright County, MN Last Data Upload: 5/1912009 6:30:12 AM Date Created: 5/19/2009 Map Scale: 1 in = 78 ft env Pars _arts _art Labels 1tgfT*wnshlp .nA% tassls MANCL :T'L AUNCL 4MAT`ECL VML rAwskdo q"wy is Hwy tz Il developed by The Schneider Corporation Schn6ker www.schneidercorp.com 17 1b0rtvijl- Mayor and Council Communication May 27, 2009 SUBJECT: 0 PUBLIC WORKS — KALLAND AVENUE NE SIDEWALK IMPROVEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve the Public Works Committee's recommendation to accept the bids from French Lake Curb Co. to install approximately 800 feet of five foot wide side walk located on the west side of Kalland Avenue NE between 57th Street NE and Kantar Court NE in the amount not to exceed $20,419. BACKGROUND: At the April 20, 2009 regular City Council meeting, staff was authorized to solicit bids for the installation of the Kalland Avenue NE sidewalk and identified it as a high priority pending funding and neighborhood acceptance. The City received four quotes for the Kalland Ave. sidewalk. Concrete Ect. $22,900. Imholt Concrete Construction Inc. $22,600 Duncombe Concrete Inc. $22,482 French Lake Curb Co. $20,419 All of the contractors have done work for the City of Albertville in the past except Concrete Ect. Following acceptance of the bids, staff will host a pre -construction meeting with abutting properties to keep them informed. KEY ISSUES: • There is already sidewalk on Kalland Avenue NE south of Kantar Court NE and filling in this missing segment will enhance pedestrian connections to existing trail systems. • This corridor is used by children walking to and from the bus stop. • Mail boxes would have to be moved to the east side of Kalland Avenue NE. • Letters were sent out to the property owners and the City did not receive any negative comments about the project. • Could be a good time to do this project with contractors being slow. POLICY/PRACTICES CONSIDERATIONS: N/A FINANCIAL CONSIDERATIONS: The estimated cost of the project is $25,000 with city staff moving the mailboxes and doing yard restoration. Currently, there is approximately $99,000 in the Park Trail Construction Fund. M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Public Works Sidewalk RCA.doc Agenda Item No. 9.B. I . Meeting Date June 1, 2009 Mayor and Council Communication — May 27, 2009 Public Works — Kalland Avenue NE Sidewalk Installation Page 2 of 3 LEGAL CONSIDERATIONS: The City Council has the authority to make pedestrian improvements in the right-of-way. If the amount of the contract is estimated to exceed $25,000 but not to exceed $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Respectfully submitted, Larry use City Administrator Department/Responsible Person: Public Works/Tim Guimont, Public Works Supervisor Attachments: None M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Public Works Sidewalk RCA.doc Agenda Item No. 7.B. I . Meeting Date June 1, 2009 Mayor and Council Communication — May 27, 2009 Public Works — Kalland Avenue NE Sidewalk Installation M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Public Works Sidewalk RCA.doc Page 3 of 3 Agenda Item No. 9.B.1. Meeting Date June 1, 2009 11.1 �bertvill e Mayor and Council Communication May 27, 2009 SUBJECT: 0 PUBLIC WORKS DEPARTMENT REPORT RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Public Works Supervisor's Department Report, Parks Maintenance Report and other Street Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Public Works Report. Streets We have done some patching with more to do. There are several catch_ basins in town needing repair. We will do some ourselves and have contractors repair some. Parks Things are getting busy with Friendly City Days on its way. The ball and soccer fields are all being utilized. We have fertilized all of the fields and have begun to spray for weeds but the weather hasn't been cooperating. Several repairs have been made on the sprinkler systems around town. All are up and running now. A section of a tube slide at Oakside Park was replaced by staff because it was damaged. A 7'x100' net was placed at Winter Park on the property line at 10422 62nd Street NE. KEY ISSUES: n/a POLICY CONSIDERATIONS: The Mayor and Council review monthly 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 matters. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Public Works/Tim Guimont, Public Works Supervisor Attachments: none M:\Public Data\City Council\Council Packet information\2009\06-01-09\06 012009 Public Works Report.doc Agenda Item No. 9.B.2. Meeting Date June 1, 2009 �, �b£r"tV1ll£ Mayor and Council Communication May 26, 2009 Brief Description Building/Zoning Department Monthly Report Recommended Action None. Background Department activity report for Council review • Construction Activity: We had sixty (60) permits processed in April for a total value of $1,279,533. The permit activity consisted of storm related reroof, reside, finish basements, additions, decks, and fence permits. We also issued one (1) demolition permit for an accessory building at 5888 Lamont Avenue NE. If anyone can figure out the location of that building I will get ya a free cup of coffee at City Hall! • Storm Damage: Storm damage repair, permit activity, and inspections continue, I am guessing when I estimate we have approximately 25 % of this work to complete. • Planning and Zoning, Rental Housing, Miscellaneous Enforcement, Foreclosures: Various enforcement activities for the month include, but are not limited to, monitoring, inspecting, and follow up with vacant and or foreclosed properties. We have a rash of vacant properties with high grass and we assist Public Works with this work. Inspections and Notices are in process and these will be mowed by the City if needed. The Building Department recently reported to the Council with regard to Vacant Dwellings, suggesting consideration of an ordinance amendment to address these properties. The Council discussed the amount and various work these properties require and directed Staff to prepare a Vacant Property Registration Ordinance. • We have worked on answering numerous and various zoning enforcement activities, residential and commercial construction and development questions, sign violations including the removal of signs, rental licensing, and inspections. Foreclosed properties that have sold are generating work with various repairs and improvements being made. Fire Code Inspections with the Fire Department: I continue to work and assist the Fire Chief on various Fire Code issues. Recommendation None Submitted through: Larry Kruse, City Administrator Originated by: Jon Sutherland, Building Official/Zoning Administrator Tori Leonhardt, Building Permit Technician M:\Public Data\City Council\Council Packet inform ation\2009\06-01-09\06 012009 BO Report for April 2009 Permit Activity.doc Agenda Item No. 9.D. i.. Meeting Date June 1, 2009 April 2009 Building Dept Revenue Report Sub Total Sub Totals 2009 Less SAC, WA Storm Water, S & W & Meter Less Signs Valuation Permit Fees $ 672,681.00 $ 12,583.78 $ 486.83 APRIL 2009 TOTAL BUILDING DEPT REVENUE 2008 Less SAC, WA Storm Water, S & W & Meter Less Signs Valuation Permit Fees $ 579,871.00 $ 23,597.04 $ 11,102.52 $ 473.35 APRIL 2008 TOTAL BUILDING DEPT REVENUE INSPECTIONS April 144 Monthly Average 8 Year To Date 871 $ 12,096.95 $ 12,021.17 N >.lbertvijl£ Mayor and Council Communication ,, �. ft 43tv Ur.. May 27, 2009 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, June 12009 payment of the claims that includes check numbers 027088 to 027125 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. 027089 Autotext — This is to change the decals on the fire trucks to fall in line with Wright County procedures Check No. 027097 Franz Reprographics — order folders that hold the Mylar's (City's Copy of Final Plats) PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and verified the invoices and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Finance Bills Report (RCA).doc Agenda Item No. 9.E. I.. Meeting Date June 1, 2009 A,lbertVille Small Town Uving. Big GtV Ufa. Check Detail Register June 1, 2009 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027088 6/1/2009 AFLAC G 101-21710 Other Deductions $16.16 955110 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 027089 6/1/2009 AUTOTEXT E 101-42000-580 Other Equipment $630.00 FD Lettering county wide chage Total AUTOTEXT $630.00 Paid Chk# 027090 6/1/2009 COURT & MACARTHUR RUPPE, PLLP E 101-41610-304 Legal Fees $2,465.00 Niemeyer Trailer Sales E 468-49000-304 Legal Fees $1,612.50 1 94 Ramps E 473-00000-304 Legal Fees $37.50 Prairie Run Litigation E 473-00000-304 Legal Fees $212.50 Prairie Run - Improvements E 494-49000-304 Legal Fees $825.00 CSAH Assessment Appeal - Phyk E 494-49000-304 Legal Fees $18,250.00 CSAH 19 Assessment - Leuer E 502-49000-304 Legal Fees $75.00 CSAH 37 E 101-41600-304 Legal Fees $4,725.00 general E 101-41610-304 Legal Fees $382.50 TI 6th Street E 101-41600-304 Legal Fees $150.00 Xcel Franchise E 101 41610-304 Legal Fees $127.50 TL 5th E 60449660-304 Legal Fees $262.50 Villas Drainage E 604-49660-304 Legal Fees $225.00 Albert Villas 6th E 101-41600-304 Legal Fees $37.50 TIFS E 101-41610-304 Legal Fees $42.50 Marketplace Total COURT & MACARTHUR RUPPE, PLLP $29,430.00 Paid Chk# 027091 6/1/2009 EGGEN'S DIRECT SERVICE, INC. E 601-49450-212 Motor Fuels $67.95 143604 WWTP gas E 601-49450-212 Motor Fuels $21.00 143616 WWTP gas E 101-43100-212 Motor Fuels $54.00 143620 PW gas E 101-43100-212 Motor Fuels $37.64 143627 PW gas E 101-43100-212 Motor Fuels ($118.50) 143627 overpayment E 101-43100-212 Motor Fuels $34.00 143634 PW gas E 101-43100-212 Motor Fuels $59.03 143639 PW gas E 101-43100-212 Motor Fuels $24.60 143641 PW gas E 602-49400-212 Motor Fuels $49.50 143650 WWTP E 101-43100-212 Motor Fuels $23.75 144295 PW gas E 101-43100-212 Motor Fuels $13.06 144296 PW gas E 101-42400-212 Motor Fuels $62.48 144297 Bldg Dept E 101-45100-212 Motor Fuels $63.42 144300 PW gas E 101-45100-212 Motor Fuels $4.00 144301 PW gas E 101-45100-212 Motor Fuels $30.60 144305 PW gas E 602-49400-212 Motor Fuels $57.00 144308 WWTP E 101-45100-212 Motor Fuels $10.00 144337 PW gas E 101-43100-212 Motor Fuels $31.00 144349 PW gas E 101-43100-212 Motor Fuels $40.00 144351 PW gas E 101-45100-212 Motor Fuels $39.09 144355 PW gas E 101-45100-212 Motor Fuels $46.91 144370 PW gas Total EGGEN'S DIRECT SERVICE, INC. $650.53 M:\Public Data\City Council\Council Packet information\2009\06-01-09\06 012009 Finance Bills Posted Batch.doc Agenda Item No. 9..G..i.. Meeting Date June 1, 2009 W. Mayor and Council Communication -May 27, 2009 Finance - Payment of Claims Page 2 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027092 6/1/2009 EMBARQ - TX E 101-41940-321 Telephone $31.19 497-3695 E 101-45100-321 Telephone $16.11 497-2215 E 101-41940-321 Telephone $29.90 vmail E 101-42000-321 Telephone $31.01 497-1340 E 101-42000-321 Telephone $31.01 497-7474 E 101-41940-321 Telephone $31.19 497-0452 E 101-41940-321 Telephone $7.05 Idst E 101-41940-321 Telephone $31.19 497-3486 E 101-41940-321 Telephone $151.12 taxes surchg E 101-41940-321 Telephone $31.19 497-3704 E 601-49450-321 Telephone $31.19 497-0269 E 601-49450-321 Telephone $16.11 497-1888 E 101-42000-321 Telephone $33.33 497-0261 E 101-43100-321 Telephone $31.19 497-0774 Total EMBARQ - TX $502.78 Paid Chk# 027093 6/1/2009 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $4,574.41 42112 Truck repair FD Total EMERGENCY APPARATUS MNTC $4,574.41 Paid Chk# 027094 6/1/2009 FASTENAL COMPANY E 602-49400-210 Operating Supplies (GENERAL) $3.44 MNTC462228 PW Total FASTENAL COMPANY $3.44 Paid Chk# 027095 6/1/2009 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $122.26 Total FEDERATED CO-OPS, INC. $122.26 Paid Chk# 027096 6/1/2009 FIRE INSTRUCTION & RESCUE EDUC E 101-42000-208 Training and Instruction $270.00 07792 Total FIRE INSTRUCTION & RESCUE EDUC $270.00 Paid Chk# 027097 6/1/2009 FRANZ REPOGRAPHICS E 101-41400-200 Office Supplies (GENERAL) $109.15 70056 Total FRANZ REPOGRAPHICS $109.15 Paid Chk# 027098 6/1/2009 GOPHER STATE ONE -CALL E 602-49400-209 Locates $126.87 9040288 E 601-49450-209 Locates $126.88 9040288 Total GOPHER STATE ONE -CALL $253.75 Paid Chk# 027099 6/1/2009 GOV FINANCE OFFICERS ASSOC E 101-45100-433 Dues and Subscriptions $160.00.35006 Total GOV FINANCE OFFICERS ASSOC $160.00 Paid Chk# 027100 6/1/2009 IMHOLTE CONCRETE CONSTRUCTION E 101-43100-224 Street Overlayment $2,000.00 34 Total IMHOLTE CONCRETE CONSTRUCTION $2,000.00 Paid Chk# 027101 6/1/2009 JOHN DEERE LANDSCAPES E 101-45100-210 Operating Supplies (GENERAL) $108.27 51219230 Total JOHN DEERE LANDSCAPES $108.27 Paid Chk# 027102 6/1/2009 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $24.32 29738 E 101-41400-413 Office Equipment Rental $120.74 29739 E 101-41400-413 Office Equipment Rental $61.00 29740 Total MINNESOTA COPY SYSTEMS $206.06 Seed and soil right to know FD Mylar portfolios Locates - Water Dept Locates - Sewer Dept Tina Lannes annual dues 57th & Lander rotor, elec. Glove, spray body and nozzel hunter copy machine copy machine Copy machine M:\Public Data\City Council\Council Packet information\2009\06-01-09\06 012009 Finance Bills Posted Batch.doc Agenda Item No. 7.E.1. Meeting Date June 1, 2009 29 Mayor and Council Communication -May 27, 2009 Finance - Payment of Claims Page 3 of 5 10100 Premier Bank Paid Chk# 027103 E 203-00000-310 Other Professional Services Total MN DEPT. OF TRADE/ECON. DEV Paid Chk# 027104 6/1/2009 MTR SERVICES INC E 602-49400-408 R/M - Water Services Total MTR SERVICES INC Paid Chk# 027105 6/1/2009 NAPA AUTO PARTS E 601-49450-404 Repair/Maint - Machinery/Equip E 101-45100-404 Repair/Maint - Machinery/Equip Total NAPA AUTO PARTS Check Amt Invoice Comment 6/1/2009 MN DEPT. OF TRADE/ECON. DEV. $594.04 June Fraser Loan Pymt $594.04 $312.50 3980a Jumping Jack Rental - 4 seasons park $312.50 $130.62 501134 battery, core deposit $44.89 504800 interior door handle $175.51 Paid Chk# 027106 6/1/2009 NEXTEL COMMUNICATIONS E 101-41400-323 Nextel Radio Units $37.38 718183318-090 nextel phones E 101-41500-323 Nextel Radio Units $58.99 718183318-090 nextel phones E 101-41300-321 Telephone $68.10 718183318-090 nextel phones E 101-42000-321 Telephone $71.24 718183318-090 nextel phones E 101-43100-323 Nextel Radio Units $51.16 718183318-090 nextel phones E 101-42400-323 Nextel Radio Units $37.38 718183318-090 nextel phones E 101-45100-323 Nextel Radio Units $51.16 718183318-090 nextel phones E 602-49400-323 Nextel Radio Units $56.08 718183318-090 nextel phones E 601-49450-323 Nextel Radio Units $56.08 718183318-090 nextel phones Total NEXTEL COMMUNICATIONS $487.57 Paid Chk# 027107 6/1/2009 NORTHERN SAFETY CO., INC. E 101-43100-215 Shop Supplies $35.54 P242203401015 protective eyewear pw Total NORTHERN SAFETY CO., INC. $35.54 Paid Chk# 027108 6/1/2009 NORTHERN TOOL & EQUIPMENT E 101-43100-582 C/O -Misc. Equipment $598.63 4062006268 compactor Total NORTHERN TOOL & EQUIPMENT $598.63 Paid Chk# 027109 6/1/2009 OMANN BROTHERS E 602-49400-407 R/M - Water Mains $2,850.00 21201 repair wtr main E 101-43100-400 Repair/Maint - Paved Rd $412.31 8240 ac mix Total OMANN BROTHERS $3,262.31 Paid Chk# 027110 6/1/2009 PITNEY BOWES - MACHINE RENTAL E 101-41400-413 Office Equipment Rental $621.00 078715AP09 Machine Rental postage Total PITNEY BOWES - MACHINE RENTAL $621.00 Paid Chk# 027111 6/1/2009 PURCHASE POWER E 604-49960-322 Postage $41.52 Postage E 101-41400-322 Postage $166.07 Postage E 602-49400-322 Postage $98.61 Postage E 601-49450-322 Postage $212.79 Postage Total PURCHASE POWER $518.99 Paid Chk# 027112 6/1/2009 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $189.02 01 N12176 Total S & T OFFICE PRODUCTS $189.02 Paid Chk# 027113 6/1/2009 S.E.H. E 468-49000-303 Engineering Fees E 468-49000-303 Engineering Fees $1,512.60 215945 $731.16 217524 Total S.E.H. $2,243.76 paper, pens, hilighters, folders 194 194 M:\Public Data\City Council\Council Packet information\2009\06-01-09\06 012009 Finance Bills Posted Batch.doc Agenda Item No. 9.E. 1 . Meeting Date June 1, 2009 30 Mayor and Council Communication -May 27, 2009 Finance - Payment of Claims Page 4 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027114 6/1/2009 SENTRY SYSTEMS, INC. E 101-42000-405 Repair/Maint - Buildings $4.21 599233 FD alarm E 101-42000-405 Repair/Maint Buildings $30.26 600053 FD alarm E 101-43100-405 Repair/Maint Buildings $31.16 600053 PW alarm Total SENTRY SYSTEMS, INC. $65.63 Paid Chk# 027115 6/1/2009 SHERWIN-WILLIAMS CO E 101-41940-405 Repair/Maint - Buildings $35.04 74693 Paint Total SHERWIN-WILLIAMS CO $35.04 Paid Chk# 027116 6/1/2009 TATE MILLS E 101-42000-200 Office Supplies (GENERAL) $113.30 Service pins, hazmat pins Total TATE MILLS $113.30 Paid Chk# 027117 6/1/2009 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) $5,678.51 1660 DC Trip Total TINKLENBERG GROUP $5,678.51 Paid Chk# 027118 6/1/2009 UPBEAT SITE FURNISHINGS E 101-45100-530 Improvements $664.82 INVO081599 dome top Total UPBEAT SITE FURNISHINGS $664.82 Paid Chk# 027119 6/1/2009 USABLE LIFE E 101-41400-131 Employer Paid Health $22.81 StD Ins E 602-49400-130 Employer Paid Ins (GENERAL) $34.25 StD Ins E 602-49400-130 Employer Paid Ins (GENERAL) $9.00 Life Ins E 101-41500-131 Employer Paid Health $4.95 Life Ins E 601-49450-130 Employer Paid Ins (GENERAL) $34.27 StD Ins E 601-49450-130 Employer Paid Ins (GENERAL) $9.00 Life Ins E 101-42400-130 Employer Paid Ins (GENERAL) $69.48 StD Ins E 101-41300-131 Employer Paid Health $54.29 StD Ins E 101-41500-131 Employer Paid Health $35.53 StD Ins E 101-42400-130 Employer Paid Ins (GENERAL) $22.35 Life Ins E 101-45100-130 Employer Paid Ins (GENERAL) $19.55 StD Ins E 101-41300-131 Employer Paid Health $14.10 Life Ins E 101-43100-130 Employer Paid Ins (GENERAL) $9.30 Life Ins G 101-21710 Other Deducations $7.50 Life Ins E 101-41400-131 Employer Paid Health $6.60 Life Ins E 101-45100-130 Employer Paid Ins (GENERAL) $5.40 Life Ins E 101-43100-130 Employer Paid Ins (GENERAL) $49.19 StD Ins Total USABLE LIFE $407.57 Paid Chk# 027120 6/1/2009 VALERIUS, BILL E 101-42000-405 Repair/Maint - Buildings $5.76 reimburse for parts for rescue choke pull Total VALERIUS, BILL $5.76 Paid Chk# 027121 6/1/2009 VIKING SEWER & DRAIN CLEANING E 101-41940-405 Repair/Maint - Buildings $194.00 service call 5975 Main Total VIKING SEWER & DRAIN CLEANING $194,00 Paid Chk# 027122 6/1/2009 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $1,165.00 794 Testing Expense (CBOD-5) Total WATER LABORATORIES INC $1,165.00 Paid Chk# 027123 6/1/2009 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities $416.38 street lights E 601-49450-381 Electric Utilities $71.60 lift stations E 101-45100-381 Electric Utilities $208.84 pk lights Total WRIGHT-HENNEPIN COOPERATIVE $696.82 M:\Public Data\City Council\Council Packet inform ation\2009\06-01-09\06 012009 Finance Bills Posted Batch.doc Agenda Item No. 9. E. I . Meeting Date June 1, 2009 31 Mayor and Council Communication —May 27, 2009 Finance — Payment of Claims Page 5 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027124 6/1/2009 XCEL ENERGY E 101-43100-381 Electric Utilities $281.08 195767870 PW Bldg E 601-49450-381 Electric Utilities $4,565.04 195767870 Sewer Plant E 601-49450-381 Electric Utilities $36.43 195767870 4940 Kaiser Unit Sewer E 101-45100-381 Electric Utilities $9.24 195767870 Park Shelter - 11474 58th E 101-42000-381 Electric Utilities $255.29 195767870 11350 57th E 101-43160-381 Electric Utilities $191.09 195767870 Unit Signals E 101-41940-381 Electric Utilities $125.37 195767870 Light E 101-45100-381 Electric Utilities $109.17 195767870 Ball fields E 101-41940-381 Electric Utilities $56.90 195767870 5964 Main Ave E 101-43160-381 Electric Utilities $34.30 195767870 Unit Signal E 101-41940-381 Electric Utilities $32.88 195767870 6002 Main E 101-45100-381 Electric Utilities $9.34 195767870 Picnic Shelter 5801 Main E 101-43160-381 Electric Utilities $24.65 2718303315 11830 51st Street E 101-45100-381 Electric Utilities $3.57 271830609 5799 Lander Total XCEL ENERGY $5,734.35 Paid Chk# 027125 6/1/2009 YOCUM OIL COMPANY, INC. E 101-43100-212 Motor Fuels $913.93 fuel Total YOCUM OIL COMPANY, INC. $913.93 10100 Premier Bank $63,750.41 Fund Summary 101 GENERAL FUND 203 REVOLVING LOAN 468 CSAH 19 RAMPS/I 94 Project 473 PRAIRIE RUN 494 CSAH 19 & 50th St. (South 19) 502 Maciver 601 SEWER FUND 602 WATER FUND 604 STORM WATER 10100 Premier Bank $23,551.37 $594.04 $9,534.77 $250.00 $19,075.00 $75.00 $6, 543.96 $3,597.25 $529.02 $63, 750.41 M:\Public Data\City Council\Council Packet inform ation\2009\06-01-09\06 012009 Finance Bills Posted Batch.doc Agenda Item No. 9. 1E. I . Meeting Date June 1, 2009 32 �bertvflle Mayor and Council Communication May 26, 2009 SUBJECT: CITY CLERK — LOCAL BOARD OF EQUALIZATION TRAINING RECOMMENDATION: Staff is looking for a Council member who would be available to attend the upcoming 2009 Local Board of Appeal and Equalization Training Session held by the Wright County Assessor's Office who will be hosting a Local Board of Appeal and Equalization training session on Tuesday, September 8, 2009, from 1:00 p.m. - 4:00 p.m. at the Wright County Government Center, 10 2nd St. NW in Room 120, Buffalo, MN 55313. BACKGROUND: According to Minnesota Statutes, Section 274.014, Subdivision 2 provides that: "Beginning in 2006, and each year thereafter, there must be at least one member at each meeting of a Local Board of Appeal and Equalization who has attended an appeals and equalization course developed or approved by the commissioner within the last four years, as certified by the commissioner... " In 2006, Wright County recommended that at least two (2) voting members of the Board of Review attend the training. In the event that one of the voting members was unable to be present at the Local Board of Review process, the city would have a second trained voting member present at the meeting. As of today, Mayor Klecker has attended a Training Session in 2007; and Council members Tom Fay and Dan Wagner attended a Training Session in 2008. To ensure Albertville has a trained voting board member, staff recommends that another Council member attend the upcoming 2009 session. KEY ISSUES: • Ensuring that more than one Board member is Trained and Certified by the Commissioner. POLICY/PRACTICES CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Respectfully submitted, Larry R.1,46use City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 City Clerk Board of Review RCA.doc Agenda Item No. Qp F. I P Meeting Date June 1, 2009 1. b£i'tVlll �£ Mayor and Council Communication .§ mW Uft. May 19, 2009 SUBJECT: PLANNING DEPARTMENT — WAGENER CONDITIONAL USE PERMIT (CUP) FOR A SECOND ACCESSORY BUILDING OVER 150 SQUARE FEET AND VARIANCE TO THE SIDE YARD SETBACK FOR A 216 SQUARE FOOT DETACHED ACCESSORY BUILDING LOCATED SEVEN (7) FEET FROM THE WEST PROPERTY LINE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to adopt Resolution Number 2009-021 entitled a Resolution Denying a Variance to the Side -yard Setback of 10 Feet and Approving a Conditional Use Permit (CUP) for a Second Accessory Building over 150 Square Feet located at 10690 561h Street NE within the City of Albertville. BACKGROUND: Mr. Pete Wagener has constructed a 216 square foot detached accessory building that is located seven feet from the west property line. The accessory building was constructed without permit approval from the City. The Ordinance requires a conditional use permit for a second accessory storage building exceeding 150 square feet in floor area, when accompanied by an attached garage, and the Ordinance also requires a ten foot side yard setback for all accessory buildings. Therefore, Mr. Wagener has applied for a conditional use permit and variance. KEY ISSUES/FINDINGS: Variance: • Undue hardship will not result if the variance is denied because the parcel provides alternative locations for the shed to be located. • The applicant is responsible for the current location of the detached accessory building. • The building was constructed without prior building permit approval from the City. • Staff and Planning Commission have recommended denial of the variance request. Conditional Use Permit: • There is a demonstrated need and potential for continued use of the shed and storage. • The shed has an evident function related to the principal use. • The exterior finish of the shed is similar to the house. • The request is compliant with Section 400.2F. • Staff and Planning Commission have recommended approval of the conditional use permit. • The following conditions are suggested to be placed upon the approval: • Applicant shall receive building permit approval; • The detached accessory building shall meet all setback requirements; • No commercial or home occupations may be conducted in either accessory buildings; and M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Planning Wagener CUP & Variance Acc Bldg RCA.doc Agenda Item No. 9..R .. L Meeting Date June 1, 2009 Mayor and Council Communication — May 19, 2009 Planning — Wagener CUP and Variance for Detached Accessory Building Page 2 of 2 • Screening from the accessory building shall be provided on the side yard with a six foot privacy fence, running from the front of the garage to the back of the shed, and to be completed within one year of the conditional use permit approval. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the City Council. FINANCIAL CONSIDERATIONS: There does not appear to be any financial concerns at this time. LEGAL CONSIDERATIONS: In accordance with Council procedures, the City has the authority to approve or deny conditional use permit and variance requests. Respectfully submitted, vzA Larry R. se City Administrator Department/Responsible Person: Planning/ Al Brixius, City Planner Attachments: Resolution No. 2009-021 M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Planning Wagener CUP & Variance Acc Bldg RCA.doc Agenda Item No. 9.H.1. Meeting Date June 1, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-021 RESOLUTION DENYING A VARIANCE TO THE SIDE YARD SETBACK OF 10 FEET AND APPROVING A CONDITIONAL USE PERMIT FOR A SECOND ACCESSORY BUILDING OVER 150 SQUARE FEET LOCATED AT 10690 56' STREET NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Pete Wagener has applied for a conditional use permit for a second accessory building exceeding 150 square feet and a variance to the ten foot side yard setback for accessory buildings, on the property legally described as follows: Lot 17, Block 9, Parkside 3rd Addition. WHEREAS, the applicant is Pete Wagner, while the property owner is Connie Schuur; and WHEREAS, the applicant has constructed a 216 square foot detached accessory building located seven (7) feet from the west property line, on a property that already contains an attached garage; and WHEREAS, Section 1000.4B.2b.4 of the Zoning Ordinance requires that a conditional use permit be obtained for a second accessory storage building exceeding 150 square feet in floor area; WHEREAS, Section 1000.4B.8 of the Zoning Ordinance requires a ten foot side yard setback for all accessory buildings; WHEREAS, City staff has reviewed the submitted applications and plans and prepared a planning report dated May 6, 2009 addressing the conditional use permit and variance application; and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on May 12, 2009 to consider the conditional use permit and variance application; and WHEREAS, upon review of the staff report and hearing testimony from the public and the applicant, the Albertville Planning and Zoning Commission recommended denial to the Albertville City Council for the variance request, subject to the following findings of fact: 1. Undue hardship will not result if the variance is denied due to the existence of special conditions and circumstances, which are peculiar to the land, structure, or building involved because of the following: M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-Oxx (Wagener CUP & Variance Acc Bldg).doc 37 City of Albertville County of Wright Resolution No. 2009-021 Page 2 of 4 a. There are no special conditions and circumstances, which are peculiar to the land, structure, or building involved. b. The parcel provides alternative locations to place the storage shed and still meet setback requirements. 2. The applicant is responsible for the current location of the detached accessory building. It was placed there without prior building permit approval from the City; and WHEREAS, upon review of the staff report and hearing testimony from the public and the applicant, the Albertville Planning and Zoning Commission recommended approval to the Albertville City Council for the conditional use permit, based on the following findings: there is a demonstrated need and potential for the shed; the shed has an evident function related to the principal use; the exterior finish of the shed is similar to the house; and the request is compliant with Section 400.21', and subject to staffs recommended conditions, with a change to Condition #4, Screening from the accessory building shall be provided on the side yard with a six foot privacy fence, running from the front of the garage to the back of the shed, and to be completed within one year of the conditional use permit approval; and WHEREAS, the Albertville City Council met on June 1, 2009 to consider the conditional use permit and variance applications; and WHEREAS, the Albertville City Council has received the conditional use permit and variance applications, staff review documents, and the Planning and Zoning Commission recommendation, and agrees with the findings and recommendation of the Planning and Zoning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby denies the variance, subject to the following findings of fact and decision: A. The site is legally described as Lot 17, Block 9, Parkside 3rd Addition. B. The planning report dated May 6, 2009 from Northwest Associated Consultants is incorporated herein. C. Undue hardship will not result if the variance is denied due to the existence of special conditions and circumstances, which are peculiar to the land, structure, or building involved because of the following: a. There are no special conditions and circumstances, which are peculiar to the land, structure, or building involved. b. The parcel provides alternative locations to place the storage shed and still meet setback requirements. MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-Oxx (Wagener CUP & Variance Ace Bldg).doc W. City of Albertville County of Wright Resolution No. 2009-021 Page 3 of 4 D. The applicant is responsible for the current location of the detached accessory building. It was placed there without prior building permit approval from the City; and NOW, THEREFORE BE IT RESOLVED ALSO, that the City Council of Albertville, Minnesota hereby approves the conditional use permit, subject to the attached findings of fact and decision: A. The site is legally described as Lot 17, Block 9, Parkside 3rd Addition. B. The planning report dated May 6, 2009 from Northwest Associated Consultants is incorporated herein. C. There is a demonstrated need and potential for continued use of the shed and storage. D. The shed has an evident function related to the principal use. E. The exterior finish of the shed is similar to the house; and F. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Comprehensive Plan. G. The proposed use is consistent with permitted uses within the Residential Single Family District and will be compatible with present and future land uses of the surrounding area. H. The proposed use conforms to applicable Zoning Ordinance performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. J. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. K. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council hereby DENIES a variance for an accessory building to be located within the 10 foot side yard setback and APPROVES a conditional use permit for a second accessory building to exceed 150 square feet, subject to the following conditions: A. The applicant shall receive building permit approval from the City. B. The detached accessory building shall meet all setback requirements. If the detached accessory building is located within three feet (3') of the dwelling, the Building Code calls for special fire protection measures. M:\Public Data\Resolutions\2009 Resolutions\dra8\R 2009-oxx (Wagener CUP & Variance Ace Bldg).doc 39 City of Albertville County of Wright Resolution No. 2009-021 Page 4 of 4 C. No commercial uses or home occupations may be conducted in either the attached or detached accessory building. D. Screening from the accessory building shall be provided on the side yard with a six foot privacy fence, running from the front of the garage to the back of the shed, and to be completed within one year of the conditional use permit approval. Adopted by the Albertville City Council this lst day of June, 2009. Attachments: Exhibit A — Site Location Map Exhibit B — Site Plan Exhibit C — "Barn Storage Shed w/ Overhead Door" Drawing Exhibit D — Left Elevation Exhibit E — Right Elevation Exhibit F — Front Elevation Exhibit G — Site Photographs Ron Klecker, Mayor Bridget Miller, City Clerk MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-Oxx (Wagener CUP & Variance Acc Bldg).doc et City of Albertville zk� Site Location Map Source: City of Albertville, Wright County, DNR, & Northwest Associated Consultants. April, 2009. EXHIBIT Al 9,? CERTIFICATE OF SURVEY Pan'KENCO m 1 \\ Q j Lyr+ ir W zx 1 S s 17 I q RECEIVED N OCT 2 7 '2008 New ALL •7 ' j Propose o _ r Z • fZ _ = _ ttawo ti Hqp �O 4 _ 0 LOT _.a &LOCK _42 ;,M ! PARKSIDE .3RD ADOI TION M ! r , q�•9 9t�Z,3 WRIGHT COUNTY, MN -q... ; 9 p _ ... t. s s . _Jo $Q :'�*•+e.• 1 r_ O • .: s o 'tea,\_, .'3'•.r . • 7 ' GRAPHIC SCALE IJV FEET O DENOTES IRON MONUMENT S �•'�� o We hereby certify that this is o true and a9G 96s correct reoresentatlon of .o survey of the Q� 4 _ id• 1 boundaries of the load desertbesd oborras: It doss not purport to' show fmprovements encro ts. If on os rve3yed deny of 193 Sly me thisg • 4liYJ_, land Serr�neyor� M/nnesoto tte�se ivo. 74 99 N ets�a EJOSWX G mAv aEVAWN I YR-iqQ�. /A= a' 7QP t� 1•aJOY�A iir1Y + ''7 �'! � � 8Iv�1woEE7�as—[.Wo i77RVC1'gRS �'11l111f ARDIPOSEO fIEV�[170M rr» x.+� saes. arnw, rwv sssis jj,� QAfL g(p2.9 -----•► Qmcpm OFnR,�,wAW fza ELEK / oee�s�r sr soar per or N+a Low�Sr frost arv. � q 7 �• � �It� PAt'E, ' .._...A& ....t._ RaB W W I m co c ai o z r ni 43 ASPHALT SHINGLES ,,—ON 15 it ROOFING FELT ON 1 /2" PLYWOOD 1/2" PLYWOOD '—GUSSET ---GABLE END FRAMING �— 18" x2-1" LOUVER VENT ( 2) 2x8 W/ 1 /2" SPACER DOOR HEADER D LEFT ELEVATION PLYWOOD AT GARAGE S SCALE: 3 / 8 " ---Ix6 JAMB (RIPPED) —FRONT 2x 9 WALL j,= EN D QUAUTY PROJECT PLANS FROM: HDA, INC. ■ ST. LOUIS, MISSOURI DO-IT-YOf/RSELf SERIEST� ® COPYRIGHT 1995, ALL RIGHTS RESERVED This plan has been prepared to meet professional stag— SHEET NO. 5 dards of construction, A careful study of plan .instructions and dimensions is advised before starting Korb. TOTAL 3 IISIHX3 CJDCO tL � ui QQ — w m ., � O �7UOz Q m zQ—O O fl— Q — u— D:3Qh— W N 2 C� .JQU¢ ,E < N�LL-j Q mWU�-- .OU h 00 cv W W N v v W x a-NCLz x x r- — M_cn— — — 45 I FRONT ELEVATION SCALE: 3/8" = I' -O" U. N m ASPHALT SHINGLES = ON 1 5 4 ROOFING FELT W 18"x24" VENT W/ Ix9 TRIM (SEE DETAIL 0-2) I x 8 RAKE BOARD METAL DRIP EDGE Z FLASHING Ix9 CORNER BOARD 5 /8" VERTICAL SIDING ,(T- 1 1 ) Ix9 TRIM BOARD 8' - 0" x I' - 0" OVERHEAD GARAGE DOOR (SEE MANUFACTURER' S SPECIFICATIONS FOR INSTALLATION) GRADE SLAB FOUNDATION Photographs of Detached Accessory Building 10690 56th Street NE EXHIBIT G 47 Nbertville Mayor and Council Communication S—V Town uwh g. ft ON W.. May 19, 2009 SUBJECT: PLANNING - ORDINANCE AMENDING THE SUBDIVISION REGULATIONS, RELATING TO DEPOSIT OR SECURITY AMOUNT REQUIRED BY THE CITY AND THE REQUIREMENTS OF A BANK ISSUING A LETTER OF CREDIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to adopt Ordinance No. 2009-01.0, amending Section 11-9-4 (Agreement for Installation) and Section 11-9-5 (Financial Guarantee) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code, relating to the deposit or security amount required by the City and the requirements of a bank issuing a letter of credit. BACKGROUND: The City Attorney has prepared an amendment to the Subdivision Ordinance regarding the standards for a letter of credit, escrow deposit, or certified check. The amendment proposed the following revisions: 1. To add language to the Subdivision Ordinance detailing the deposit or security amount required to be submitted by the applicant in a Developer's Agreement for the improvements involved in the platting process, whether through an escrow deposit, an irrevocable letter of credit, or a certified check to the City (Section 11-9-413); and 2. To add language to the Subdivision Ordinance detailing the requirements if an irrevocable letter of credit is called for by the City (Section I 1-9-5B). KEY ISSUES/FINDINGS: Currently, the Subdivision Ordinance requires that the amount of an escrow deposit, letter of credit, or certified check is to be based upon the city engineer's estimate of the total cost of the improvements to be furnished under the contract, which shall equal 100% of the city engineer's estimate. The proposed amendment adds language regarding the specific amount of deposit or security required by the city. The proposed amendment also adds language regarding the requirements of a bank that provides a letter of credit. The Planning Commission considered the Ordinance Amendment at their March 10, 2009 meeting. • The Planning Commission discussed the possibility that the proposed amendment, which requires that an irrevocable letter of credit must be from a bank that has a branch within 100 miles of the Albertville City Hall, may discourage national developers from proposing M.\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Planning (Ordinance Subd Regs LOC) RCA.doc Agenda Item No. 9.H.2. Meeting Date June 1, 2009 Mayor and Council Communication — May 19, 2009 Planning — Subdivision Ordinance Amendment: Deposit or Security Amount & Letter of Credit Bank Requirements Page 2 of 2 projects in the City. • Staff proposed and added language to the amendment, allowing the City Council to make an exception to this requirement. • The Planning Commission met on April 14, 2009 and recommended approval of the Ordinance, as amended. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. FINANCIAL CONSIDERATIONS: There does not appear to be any financial concerns at this time. LEGAL CONSIDERATIONS: In accordance with Council procedures, the City has the authority to amend an Ordinance. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Planning/ Al Brixius, City Planner Attachments: Ordinance No. 2009-010 M:\Public Data\Requests for Council Actions (RCA)\2009\06 012009 Planning (Ordinance Subd Regs LOC) RCA.doc Agenda Item No. 9...2. Meeting Date June 1, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009 — 010 AN ORDINANCE AMENDING SECTION 11-9-4 (AGREEMENT FOR INSTALLATION) AND SECTION 11-9-5 (FINANCIAL GUARANTEE) OF THE ALBERTVILLE SUBDIVISION REGULATIONS (TITLE 11) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO THE DEPOSIT OR SECURITY AMOUNT REQUIRED BY THE CITY AND THE REQUIREMENTS OF A BANK ISSUING A LETTER OF CREDIT THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 11-9-4 (Agreement for Installation) of Chapter 9 (Improvement Requirements), relating to the specific amount of deposit or security required by the city, is hereby amended as follows: 11-9-4: AGREEMENT FOR INSTALLATION B. The agreement shall require the applicant to make an escrow deposit or furnish an irrevocable letter of credit or a certified check as is determined by the city attorney, city engineer, and city administrator. The amount of the deposit or security is to_be based upon the city engineer's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection. The deposit or security shall equal one hundred percent (100%) of the city engineer's estimate of all municipal improvements, plus 150% of the estimated cost of all landscaping to be installed, plus 50% of the cost of on- and off -site improvements such as bituminous driveways, sod, and seeding. This amount may be reduced or increased upon approval of a city council resolution based upon such consideration as the size of the project, past performance by the applicant and/or financial credibility of the applicant, but in no case shall the amount be less than fifty percent (50%) of the city engineer's estimate. On request of the applicant, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event, and if evidence is presented that the described work and improvements have been paid for, the amount of the deposit may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. (Amended Ord. 1988-8, 9-8 1988; amd. by 2005 Code) SECTION 2. Section 11-9-5 (Financial Guarantee) of Chapter 9 (Improvement Requirements), relating to the requirements of a bank providing an irrevocable letter of credit, is hereby amended as follows: MAPublic Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-010 Subd.Ord LOC Standards (rev).doc EXHIBIT A 51 City of Albertville County of Wright Ordinance No. 2009 - 010 Subdivision Regulations re: Deposit or Security Amount Required by City & Requirements of a Bank Issuing a Letter of Credit Page 2 of 2 11-9-5: FINANCIAL GUARANTEE: B. Irrevocable Letter Of Credit: If an irrevocable letter of credit is required, it shall be payable to the order of the city and delivered to the city treasurer and city administrator in a sum equal to the amount calculated, as provided in section 11-9-4 of this chapter, as estimated by the city engineer for all the improvements to be furnished and installed by the applicant pursuant to the contract (developer's agreement), which have not been completed prior to the approval of the plat. The total cost shall include costs of inspection by the city. The irrevocable letter of credit must be from a bank which is insured by the FDIC and which has a branch within 100 miles of the Albertville city hall where the letter of credit can be drawn upon, unless an exception is approved by the City Council All letters of credit must automatically renew annually unless the issuing bank sends the city a letter via certified mail at least 60 days prior to expiration notifying the city that the letter of credit will not be renewed upon its stated expiration date. The irrevocable letter of credit shall be approved as to form by the city attorney and filed NN4ththe eit a . (Amended Ord. 1988-8, 9- 8-1988) THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 1 st day of June 2009. Ron Klecker, Mayor Bridget Miller, City Clerk MAPublic Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-010 Subd.Ord LOC standards (rev).doc EXHIBIT A 52 A\lb-crNiffe SnKM Toum ur611.02.0ty Ufa. MEMORANDUM Date: May 27, 2009 To: City Council From: Larry R. Kruse, City Administrator Re: General Update I-94 FEDERAL APPROPRIATION FUNDING Congresswoman Amy Klobuchar has submitted the City of Albertville's request for $450,000 to fund continued development of I-94 interchange improvements to the Appropriation Committee for their approval. We thank Congresswoman Klobuchar for her support of Albertville's project. We continue to encourage Congresswoman Klobuchar to include Albertville's $4.5 million dollar request in the upcoming Transportation Bill. I-94 LAYOUT PUBLIC HEARING/OPEN HOUSE SCHEDULED FOR JUNE 1, 2009 The City will host a public hearing on the final I-94 Layout at the regular June 1st City Council meeting. Pursuant to State Statute, the City is required to host a public hearing and adopt a resolution approving or disapproving the layout. City staff will host an open house from 4:30 p.m. to 6:30 p.m. prior to the Council meeting giving the public an opportunity to ask questions and learn more about the design prior to the public hearing. I-94 SIX LANE PROJECT I-94 Chamber representatives in conjunction with Cities along the corridor continue to lobby Washington for funding an additional lane. The good news is Representative Bachmann has included the six lane project in her submission for the Transportation Authorization Bill. But bad news is Representative Bachmann did not include the Albertville Interchange in her submission. CSAH 19 ASSESSMENT APPEALS The Psyk assessment appeal has completed the trial phase. Attorneys will be submitting their written final arguments in later May. The Leuer Munsterteiger, and Crow 95 Properties has one additional day of trial scheduled for August. A ruling on all three is not expected until later this fall. M:Tublic Data\City Administrator\2009\Reports to Council\06-01-2009 City Admin Report.doc Agenda Item No. . K L Meeting Date June 1, 2009 53 Mayor and Council Communication — May 27, 2009 Administrator — Written Report Page 2 of 2 PIT BULL DOG (DANGEROUS DOG) The Wright County Sheriff's Department has done a good job managing the Pit Bull incident at 10226 49th Street N.E. Although the neighborhood is still concerned, everyone seems to understand the process the City must follow when dealing with potentially dangerous dogs. In general, the City does not have an aggressive dog enforcement effort for routine dog issues. For the most part, dogs are licensed by the owners on an honor system, and then we respond to complaints. Following this incident some residents in this neighborhood would expect the City to be more aggressive in licensing dogs and enforcing the ordinances. 5975 MAIN AVENUE (Old City Hall) Infit Fitness continues to evaluate their space options. They are negotiating purchase of another business in Albertville. Currently, we do not have a lease and they will continue in the building through June. There is still a strong chance they will continue leasing with the City. WINTER PARK FENCE Public Works installed the temporary left outfield fence on Tuesday, May 261h. The netting is about 7.5 feet high by 100 feet long. The crew did an excellent job installing the fence and it does not detract from the park. The fence is not very strong, but should last the season assuming it is not vandalized. SENIOR HOUSING I continue to keep in touch with Guardian Angels as they continue to pursue a site for a future proj ect. CSAH 37 WEST UTILITY PROJECT On Thursday, May 28 we are scheduled to record the Niemeyer Plat and then sign the construction contract so we can proceed with our utility project. City Attorney Couri finalized amendments to the Development Agreement and everything on the City's part is ready to proceed. M:\Public Data\City Administrator\2009\Reports to Council\06-01-2009 City Admin Report.doc Agenda Item No. 9. K.1. Meeting Date June 1, 2009