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2009-06-15 CC Packet11.1 Nibertville City of Albertville Council Agenda JUNE 15, 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, June 1, 2009 regular City Council minutes (pgs. 1-13) 7. 0 CONSENT AGENDA All items with an asterisk O 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 8.D.1. Building Dept. — Monthly Report (pgs. 14-15) 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 16-25) 8.I.1. Engineering — Award 2009 Sealcoat Resolution (pgs. 28-30) 8.11. Legal — Attorney's Report (pgs. 32-34) 8. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department City of Albertville Council Agenda June 15, 2009 C. Utilities Department (WWTP) Page 2 of 3 D. Building Department 1). 0 Accept the Building Official's Report dated June 9, 2009 (pgs. 14-15) E. Finance Department 1). 0 Authorize the Monday, June 15, 2009 Payment of Claims (bills) for check numbers 027130 to 027185 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 16-25) F. City Clerk G. City Council 1). Oral Update on the STMA Ice Arena Board meeting 2). Oral Update on the Planning and Zoning Commission (if applicable) H. Planning and Zoning 1). STMA Hockey Arena Expansion — Innovative Structures (discussion) (pgs. 26- 27) I. Engineering 1). 0 Approve Resolution No. 2009-022 entitled a Resolution Accepting Low Bid for 2009 Sealcoat Project (pgs. 28-30) J. Legal 1). 0 Accept the City Attorney's Report dated June 10, 2009 (pgs. 32-34) 2). Recommend offering $24,143.50 to Hoey Advertising for Relocation Costs of the Billboard (pgs. 36-55) 3). Charter Communications, Inc. Restructuring Update (for your information) (pgs. 56-59) K. Administration 1). I-94 Westbound Collector -Distributor Road Final Design - Project Update (for your information) (pg. 60) 2). Accessory Building/Conditional Use Billing (discussion item) 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS June 2009 22 6:00 p.m. Joint Powers Water Board meeting 29 7:00 p.m. Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 1-A Agenda.doc Meeting Date: June 15, 2009 City of Albertville Council Agenda June 15, 2009 Page 3 of 3 July 2009 2 all day Independence Day observed — City Offices closed 6 7:00 p.m. City Council meeting 13 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 26 7:00 p.m. Committee of the Whole Workshop (tentative) August 2009 3 7:00 p.m. City Council meeting 10 6:00 p.m. STMA Ice Arena Board meeting it 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 Labor Day observed — City Offices closed 8 7:00 p.m. City Council meeting 9 7:00 p.m. Planning and Zoning Commission meeting OWEPA 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 28 7:00 p.m. Committee of the Whole Workshop (tentative) 11. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 1-A Agenda.doc Meeting Date: June 15, 2009 A,1bertvijle Mayor and Council Communication June 10, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Monday, June 1, 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, Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: June 1, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\06 15 2009 City Council minutes RCA.doc Agenda Item No. 6. Meeting Date June 15, 2009 I Albertville Snwl •ram ttvina. ft aty Ufa. ALBERTVILLE CITY COUNCIL JUNE 1, 2009 MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE — CALL TO.ORDER Mayor Klecker called the regular Albertville City which time the Council and those present recited, ROLL CALL PRESENT: Mayor Ron Klecker, Council me -be Larry Sorensen, City Attorney Mike Couri, ty 1 Brixius, City Administrator Larry Kruse, and (ity ABSENT: none OTHERS PRESS Tina 7:00 PM Public Works Supervisor Tim ODUCTI Jeff Lehn of 11558 — 57" Street NE expressed his disappointment of purchasing the 30-foot strip of land that lies north of his property from the City. Prior to the consideration of buying the land he did not experience water problems in his backyard. A construction company came in over the past month and dug out a drench or a Swale near or through the 30-foot strip cause the water to drain closer to his lot. If Mr. Lehn would have known this is what was going to happen he would not have purchased the land. In 2008, when the transaction of the purchase took place City staff graded the land and it worked great. As was stated earlier, another entity came in a disturbed the work that the City did. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 2 City of Albertville City Council Minutes June 1, 2009 Page 2 of 12 The question arose as to what the City could do to assist in correcting the dredging of the Swale or drainage ditch. It was reported that the City has the authority to control or monitor the drainage and utility area throughout the City. If a resident or other company has altered the drainage, the City can do their best to find out who was responsible for the alteration of the drainage and enforce the Ordinance requiring the individual(s) to correct the situation. Following the discussion, Council directed the City Engineer and Public Works Supervisor to visit the property to evaluate what appears to have transpired since the,ding work was done by the City." AMENDMENTS TO THE AGENDA Mayor Klecker looked to the Council and staff to to the June 1, 2009 agenda. The following items 9.I.1. Engineering - CSAH 37 West Utility 9.J.1. Legal — Dominium Utility Easement 9.K.2. Administration —Noise MOTION BY Council member Wagner, seco Monday, June 1, 2009 regular City Council ag 9.I.1. Engineering CA West Utility 71 9.J.1. Legal — Doml um Utill basement 9.K.2. Motion May 18, 2 MOTION BY Cow Monday, May 18, 2( signed; after signing on file in the office c unanimously. ise minutes if there were any Utility to be made Sorensen to approve the items: ion Project Private Utility Agreement ember Wagner, seconded by Council member Sorensen to approve the ular City Council minutes as presented, which will be printed and iinutes will be scanned and the electronic scanned version will be kept City Clerk that will serve as the official copy. Motion carried M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 City of Albertville City Council Minutes June 1, 2009 Page 3 of 12 PUBLIC HEARING 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 Mayor Klecker opened the public hearing at 7:14 p.m. Albertville's preferred I-94 layout has been submitted to the Minn Transportation, who has approved the final layout for improvemen CSAH 19 and CSAH 37 to 1-94 within the Albertville city limits: on Monday, June 1 from 4:30 p.m. to 6:30 p.m. to gather input for individuals attended the open house and all had positive.,--",mments when it was going to be constructed. It was reiterated that this is the layout that MnDOT has a to take public comments for and against the proposed 1a Council will be asked to consider a resolution of support. There were no public comments. Mayor Klecker closed the public hearing 7: MOTION BY Council Resolution No. 2009-0 signed and scanned, �hf Council members Sorei member Vetsch ODDose VAGA ON OF ALLEY BET STREET %WITHIN THE E COMMENT;;, APPROVE THE VACATIOM D" PORT SOUTH OF THE BUINGTC esgt Commissioner of t ofthe interchange access at Ctty staff held an open house the genal public. Four (4) about throject and inquired purpose 12 the he the City to n, seconded by Council member Wagner to approve ►lution fold, Layout Approval, which will be printed, will serve hs, the City's official copy. Mayor Klecker, 1 Fay votin > rn favor of the Resolution. Council cilutoi. Motion carried. OF 11548 57TH STREET NE AND 11558 57TH 'S ADDITION; OPEN UP VACATION OF ALLEY FOR PUBLIC SOLUTION NO.2009-020 ENTITLED A RESOLUTION APPROVING 'OF AN ALLEY THAT LIES NORTH OF 57TH STREET NE AND [ORTHERN RAILROAD WITHIN THE CITY OF ALBERTVILLE Mayor Klecker opened ,lie public hearing at 7:16 p.m. Staff demonstrated to the Council and public the location of the alley that the applicant is asking to be vacated. The alley is no longer in use for access to the property; therefore, is no longer needed. Staff researched and reviewed the legal description, and following Council approval new legal descriptions will be drafted. After approval and new legal descriptions prepared, staff will M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 51 City of Albertville City Council Minutes June 1, 2009 Page 4 of 12 ensure that the new calculated legal description(s) will be recorded at the Wright County Government Center. There was concern from the Council as to how the legal description(s) would be drafted. Staff would contact the resident or residents to schedule a time for a surveyor to visit the site to obtain the proper location of the alley and how it would be divided. Mayor Klecker asked if there was anyone in the audience regarding an alley way near the property of 11548 — 57th Street NE. Kurt Neidermeier of 11548 — 571h Street NE confirmed that ther,�",-'aro` currently in place in the rear of his lot. Mr. Neidermeier was okay wi l . The portion of the alley being vacated shall b alley, based on parcel frontage to the alley, 2. New parcels and legal descriptions shall be e of the alley to the existing parcels; 3. New property markers shall be placed in the property owners; 4. City Council shall approve a lot corndhor 5. The property owners shall record the new' County. The City shall receive coples of the 6. The City shall retain a, drainage and utrlty e 7. The City Clerk sha11 exe'ute the necessaiy'pa portion of the al y. Mayor Klecker closed 7:21 p.m. ished among the of a portion of ent markers s recommendation: that abut the the approfiate portion locations, at the expense of the with the nev legal,descriptions; properties an,,,, gal descriptions with the jcghdeddocuments for their files; merit por`the entire alley width; and �erwork to complete the vacation of said MOTION B1''Coember4etsch, seconded by Council member Fay to approve ResoluA, n No 09 20-02� ntitled=; apqsolution Approving the Vacation of a Portion of an Alley that Lr Qrth of 57th Stre\tTE anduth of the Burlington Northern Railroad within the City of Alberftl as presented,'�ch w>11`1e printed, signed, and scanned; the scanned version will serve as the 's official co Motion carried unanimously. i 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. M:Tublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 5 City of Albertville City Council Minutes June 1, 2009 Page 5of12 Mayor Klecker inquired if there were any items to be pulled from the Consent agenda for further discussion. Items 9.B.1. Public Works — Kalland Avenue NE Sidewalk 9.B.2. Public Works — Accept PW Supervisor Report ft 9.D.1. Building Dept. — Accept Building Officials Report 9.E.1. Finance — Semi-monthly Payment of Claims( No items were pulled from the June 1, 2009 Consent Agenda. MOTION BY Council member Vetsch, seconded by Council member day to approve the Monday, June 1, 2009 Consent Agenda that included the 811owing items 9.B.1. Approve the Parks and Recreation Cor�ai 0- ee's recommendation to tc pt the bids from French Lake Curb Co. to install approximately'00 Feet of due foot wide side tivalk located on the west side of Kalland Avenue NE between 57th Ste N °andantar Court,NE in the amount not to exceed $20,419 9.B.2. 0 Accept the Public Works Supervisor's Report dated may 27, 2009 9:D.1. 0 Accept the Building Official's Rrtdated May 26,:t09 9.E.1. 0 Authorize the Monday, June 1,' DU9 rent of Claims b 1ls) for check numbers 027088 to 027125 Motion carried FIRE DEP PUBLIC WW'RKs DEP. Approve the Perks and Recreation Committee's recommendation to accept the bids from French Lake Curd* . to invt 11 approximately 800 feet of five foot wide side walk located on the west side ofKallandite NE between 57`h Street NE and Kantar Court NE in the amount not to exceed $20,419 MOTION BY Council member Vetsch, seconded by Council member Fay 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. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 .1 City of Albertville City Council Minutes June 1, 2009 Page 6 of 12 Accept the Public Works Supervisor's Report dated May 27, 2009 MOTION BY Council member Vetsch, seconded by Council member Fay to accept the Public Works Supervisor's Report dated May 27, 2009. Motion carried unanimously. UTILITIES DEPARTMENT (WWTP) — no comments BUILDING DEPARTMENT Accept the Building Official's Report dated May 26, 20 MOTION BY Council member Vetsch, seconded Building Official's Report dated May 26, 2009. N, FINANCE DEPARTMENT AVAuthorize the Monday, June 1, 2009 027125 MOTION BY Council Monday, June 1, 20091 presented. Motion cant CITY Staff is e king for a Co"" Local b rd of Appeal anti, Assessor's Office on Tuesddj County Gove"""' t Center, Council member,ech and< Equalization Trammg Seto Tuesday, September CITY COUNCIL Vetsch, I ember Fay to;cept the d unanimously. „ s Claims (b ) ills. ar_ check numbers 027088 to ,. i Cound�06mber Fay to the authorize t the check numbers 027088 to 027125 as , who would be available to attend the upcoming 2009 raining Session to be held by the Wright County rather 8, 2009, from 1:00 p.m. - 4:00 p.m. at the Wright St. NW in Room 120, Buffalo, MN 55313 orensen volunteered to attend the 2009 Local Board of Appeal and that will be held at the Wright County Government Center on Oral Update on the Joint Powers Water Board meeting (if applicable) A brief oral update was given on the May 26, 2009 Joint Powers Water Board meeting. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 7 City of Albertville City Council Minutes June 1, 2009 Page 7 of 12 PLANNING AND ZONING 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 56`h Street NE within the City of Albertville Council and staff were aware of the fact that a resident constructed a 2,J- ,,,square foot detached accessory building that is located seven feet from the west property ling. According to the 2005 Albertville City Code, a Conditional Use Permit (CUP) and a Vaange for the side -yard set back are required. The structure was constructed without prior approval, haever, the applicant has submitted such application for review. Below is a list of findings that were given as it pertain Afto the variance: • Undue hardship will not result if the variwe is defied because the p roel provides alternative locations for the shed to be located • The applicant is responsible for the current locatiarif the detached accessory building. • The building was constructed without prior building permit approval from the City. • Staff and Planning Commission have xecommended denilof the variance request. The Findings of Facts relating to the Conditional UsPexmit (CUP) ire as follows: • There is a demonstrated need and potential .foroninued use of the shed and storage. \ • The shed has an evidei function related to the principal use. • The exteri t h of tli �*ed is similar to the house. • The request is c�mliant�wtth Section 4O0F. • Staff and Planning G�mmIssIor� l�ae recommended approval of the conditional use p�rmtt \ \ \ • he following c+ itdrt1 s ar suggested to be placed upon the approval: Applicant shal ' ceive bil ding permit approval; "1 detached acsory `building shall meet all setback requirements; • No o`ommercialr home occupations may be conducted in either accessory Jil buildinp,A', and • Screeni g;,ze accessory building shall be provided on the side yard with a six foot privac}ence, 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. There was discussion as to the type of screening from the front that should be used. Three (3) trees were recommended to breakup the view of the structure from the street. The applicant would like to install a 6-foot maintenance free privacy fence that would be connected up with the neighboring chain link fence. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 I City of Albertville City Council Minutes June 1, 2009 Page 8of12 The structure's intended use as of today is for storage of lawn and winter equipment; otherwise, storage of the resident's motorcycle. There was concern with future property owners who might turn the structure into a Home Occupational business, which the home owner would need to apply for a Home Occupational Permit that would be reviewed by the Building Official/Zoning Administrator to ensure it meets all the requirements. MOTION BY Council member Vetsch, seconded by Council member Wagner to approve 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) W�a Second Accessory Building over 150 Square Feet located at 10690 56th Street NE wmn.the City of Albertville as presented, that will be printed, signed, and scanned; the scanned versz©n will serve as the City's official record. Motion carried unanimously. Approve Ordinance No. 2009-010 entitled an Orditi4nee amen for Installation) and Section 11-9-5 (Financial Guartnee) oft Regulations (Title 11) of the 2005 Albertville Municipal'Cz`ty G security amounts required by the city and requirements of a b presented, which a final copy will be printed„and signed; the sa electronic scanned version will be kept on the office of tl official record Due to a recent incident (Agreement for Installat Subdivision Regulatian deposit or security am credit. The amendment 1. To acd4angu the req Bred to be su'I ii*ovements involy e irre�0cable letter of cry 2. To add large to the letter of creel -called prepared an OA ng Section I 9greement Albertville SubdA, ion le, relating to deposit or issuing a letter of credit as red copy will be scanned; the City Clerk and serve as the to Section 11-9-4 action 11-9-5 tFinancial Guarantee) of the Albertville 11iz the 2005 Albertville Municipal City Code, relating to luird by the City andkrequirements of a bank issuing a letter of sed,thy fallowing rev < ons: uvision Ordinance detailing the deposit or security amount by applicant in a Developer's Agreement for the n the ptttig process, whether through an escrow deposit, an 't, or a,c�!" ified check to the City (Section 11-9-4B); and division Ordinance detailing the requirements if an irrevocable by the City (Section 11-9-5B). The Ordinance Amendifif was presented to the Planning and Zoning Commission at the d Tuesday, March 10, 209 regular meeting, in which they expressed concerns with restricting it to a bank that has a branch within 100-miles of the Albertville City Hall. The Commission felt this may discourage national developers from proposing projects in the Albertville city limits. Staff proposed and added language to the amendment, allowing the City council to make an exception to this requirement, which was presented to the Planning and Zoning Commission at the Tuesday, May 12, 2009 meeting. M:Tublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 City of Albertville City Council Minutes June 1, 2009 Page 9 of 12 Below is an additional revision that was recommended during the meeting. 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 TO THE 100 MILE LIMIT 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. MOTION BY Council member Fay, seconded by Council member V, per to approve Ordinance No. 2009-010 entitled an Ordinance amendingSection 11=Agreement for , Installation) and Section 11-9-5 (Financial Guarantee) of the Albertville Subvision Regulations (Title 11) of the 2005 Albertville Municipal City Cody, r`elatmg to deposit or�urity amounts required by the city and requirements of a bank issuabig a letter of credit as amendadding "to the 100 mile limit" language, which a final copy wlll b�printed and signed; the sig ed copy will be scanned; the electronic scanned version will be kept on file 'the ,office of the City Clerk and serve as the official record. Motion carried unanimously. ENGINEERING Authorize City staff to enter into an Encroachrnentgreemt with Xcel Energy regarding the installation and operation f xrc1 cipal sewer and water syst,�ms within the CSAH 37 right-of- way, conditioned upon V e reviews � r;the City Attarizey, and to; { Authorize City staff to reczmede reviously reproved CSAH 37 Utility Extension plans such that the 111�x re Elect t�uirem vt existing electrical utility easement and can be constructedrt`a�orc�ce with recorded easement documents. Potential revisions may 9w include,g*ting the prb ' utili�' l pnm.,ents and/or eliminating the proposed 12-inch watt Revisions tha crease t ; 1 construction contract amount shall be approved by the City CrAW,cil. c � It was noted thatr. Niemeyfcompleted his requirements for the Niemeyer Trailer Sales. The plat and other docit;nts w brought to Wright County Government Center for recording on Thursday, May 28, 209 Following the recording, it was brought to staff s attention that the utility extensions proposed, as part of the CSAH 37 Utility Extension project, are located in an easement Xcel Energy acquired by condemnation proceedings in 1992. Xcel Energy also informed the City that the work being proposed would require an encroachment and would be subject to the conditions of the recorded easement documents. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doe Agenda Item No. 6. Meeting Date June 15, 2009 10 City of Albertville City Council Minutes June 1, 2009 Page 10 of 12 The Council approved construction plans have been reviewed by Xcel Energy. Xcel will permit the work and proposed locations f the utilities provided they are constructed in accordance with the terms of the easement and Xcel's encroachment agreement. The contractor has been very patient during the process in working with the applicant as well as City staff as various issues arise. In addition to the recent knowledge of the recorded easement documents, the contractor has been very cooperative in assisting the City with the Xcel Energy situation. MOTION BY Council member Wagner, seconded by Council member Fay to authorize City staff to enter into an Encroachment Agreement with Xcel Energy'regt ogig the installation and operation of municipal sewer and water systems within the CSAH 37 right,of--way, conditioned upon the review of the City Attorney, and to; authorize Qttyl.staff to revise/amend the previously approved CSAH 37 Utility Extension plans such that.t& plans' reflect the reqWrsxuents of the existing electrical utility easement and can be constfucted in accordance with thrded easement documents. Potential revisions may includeT,s ng the proposed utility � ents and/or eliminating the proposed 12-inch watermain. Rdiisions haf'increase the total construction contract amount shall be approved by the City euncil. With staffs recommendation: 1. Continue to work with Xcel Energy add<the City's Contractor to coordinate, pole supporting, and de -energize of the lines to faci>tate safe installation of the trunk water and sewer mains as proposed, and or with minp� adaustments t their alignments if necessary. 2. If it is determined that the; proposed, is nq easible, proceed with'44,,, le 8-i 14 As previously approved, til6\`Ity 1 bond or an inter -fund loan.' 1 to C ouncil tnN revte be paid*h sewer tr'Q connedoft charges and LEGAL st or timing Q f the installation of the municipal utilities, as ninate the extension of the 12-inch trunk watermain and h watermain etension. �nttially fund the project in its entirety by issuance of a e'>d the<cthstruction contract amount will be presented City's contribution to the lift station ($48,592), which will Uect costs, including financing, will be paid through gXfby Niemeyer Trailer Sales. Motion carried Dominium ManagemeUtility and Easement It was reported that the Dominium Management office contacted staff regarding the Utility Easement for the Albertville Meadows Townhomes located within Westwind 3rd Addition. Two (2) issues were raised; one involved an error in the legal description that was given to the City; second dealt with the Developers Agreement, in which some of the patios encroached over the easements by approximately twelve inches. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 11 City of Albertville City Council Minutes June 1, 2009 Page 11 of 12 Staff looked to the Council to set the first meeting in July as a Public Hearing to deal with the two issue in the Westwind 3rd Addition. MOTION BY Council member Fay, seconded by Council member Sorensen to set Monday, July 6, 2009 or a meeting soon thereafter to hold a Public Hearing relating to the Dominium Management Utility and Easement. Motion carried unanimously. ADMINISTRATION Accept the City Administrator's Written Report dated May 27, Council accepted the City Administrator's written Noise — Disturbing the Peace The topic of loud vehicle noise was brought up. Council w6" d Department to be notified that Albertville residents are experl 1 noise around 571h Street NE and CSAH 19 area::. Staff will info issue a citation if possible to the individual viotting the City Co possibly ordering signage to be placed along VSAH x 10 jet,.the City will be enforcing the Noise Ordinance, which may or may creating the excessive noise.- {, Mayor J it to the *5104's 27, which wx;} ` 6:00 9 7 00>t 1.1-14 'ryes 12 50 p.m. 14 30 p.m. 15 7:00 p.m. 22 6:00 p.m. 29 7:00 p.m. G MEETINGS like the Wright County Sheriff's cng loud excessive vehicular rrn tie Sheriff s Department to de There was discussion about general public know that the not discourage residents from review ihcoming meetings and calendar of events. ion the July meeting for the Joint Powers Water Board STMA Ice Arena Board meeting Planning and Zoning Commission meeting Albertville Friendly City Days Albertville vs. St. Michael friendly challenge " Albertville FCD Grande Day Parade City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc km Agenda Item No. 6s Meeting Date June 15, 2009 12 City of Albertville City Council Minutes June 1, 2009 Page 12 of 12 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. August 2009 3 7:00 p.m. 10 6:00 p.m. 11 7:00 p.m. 17 7:00 p.m. 24 6:00 p.m. 31 7:00 p.m. September 2009 7 all day 8 7:00 p.m. 9 7:00 p.m. 14 6:00 p.m. 21 7:00 p.m. 28 6:00 p.m. MO Jun( Independence Day observed — City Offices closed City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Independence Day obse>I d City. Offices closed City Council meeting a1,1�,' Planning end Zoning Commission mtg STMA Ice Argil Board meeting "v City Council meeti'<rl.� , <, Joint Powers 1Water'Boardm eel'ini! by Council member Wagner to adjourn the unanimously. Bridget Miller, City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-01-09 B-drafts.doc Agenda Item No. 6. Meeting Date June 15, 2009 13 A,lbertvijle Mayor and Council Communication T- LWh,9. M% caw ue.. June 9, 2009 Brief Description Building/Zoning Dept. May 09 Monthly Report Recommended Action None. Background Activity report for Council review • Construction Activity: We had 61 permits processed in May for a total value of $618,647. The permit activity consisted of storm related reroof, reside, finish basements, additions, decks, and fence permits. We also had one (1) commercial tenant finish permit at the Outlet Mall for Maurices Clothing Store. • Storm Damage: Storm damage repair, permit activity, and inspections continue. • 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. Assist Public Works high grass and weed enforcement with inspections and notices. The Building Department recently reported to the Council with regard to Vacant Dwellings, suggesting consideration of an ordinance amendment to address these properties and this draft ordinance is currently being reviewed and prepared by the City Attorney. • 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 continue to generate 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 Tech M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 BO Report for May 2009.doc Agenda Item No. O.L. l.. Meeting Date June 15, 2009 51 May 2009 Building Dept Revenue Report Sub Total 2009 Less SAC, WA Storm Water, S & W & Meter Less Signs Valuation Permit Fees $ 618,647.00 $ 12,362.05 MAY 2009 TOTAL BUILDING DEPT REVENUE 2008 Valuation Permit Fees Sub Totals $ 556,336.00 $ 19,686.37 Less SAC, WA Storm Water, S & W & Meter $ 8142T00 Less Signs $ 79,39 MAY 2008 TOTAL BUILDING DEPT REVENUE INSPECTIONS May 148 Daily Average 10 Year To Date 1019 $ 12,362.05 $ 11,179.98 15 N. �bcrtvill e Mayor and Council Communication sm" ro,.., ,,,�, sb 43ty Ur.. June 11, 2009 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, June 15, 2009 payment of the claims that includes check numbers 027130 to 027185 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. 027135 C&C Consultants — grant writer to complete grant application for 2009 to purchase turn -out gear and helmets Check No. 027140 Dean Eull — reimbursement for mileage to attend Fire Fighter I Training Check No. 027149 FYCC — Second half payment for 2009. This was increased from $4,500 to $10,000. Check No. 027161 Midwest Landscapes — payment recommended by City Engineer for planting trees in Albertvilla's, see attached report Check No. 027175 Roy C., Inc- two doors needed repair (not closing properly and occasionally set off security alarms) in City Hall Check No. 027181 Weidners Plumbing — Repair a leak in one of boilers at City Hall 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. M:\Public Data\Requests for Council Actions (RCA)\2009\06 15 2009 Finance Bills Report (RCA).doc Agenda Item No. 8. E. I . Meeting Date June 15, 2009 Mayor and Council Communication — June 11, 2009 Finance — Payment of Claims Page 2 of 2 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, 4Larry. e City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail, Engineers recommendation for payment M:\Public Data\Requests for Council Actions (RCA)\2009\06 15 2009 Finance Bills Report (RCA).doc Agenda Item No. 8. E.1. . Meeting Date June 15, 2009 10100 Premier Bank Paid Chk# 027130 E 101-42000-212 Paid Chk# 027131 E 601-49450-417 E 101-45100-417 E 602-49400-417 E 101-43100-417 E 101-43100-417 E 601-49450-417 E 101-45100-417 E 602-49400-417 E 101-41940-405 E 101-45100-417 E 602-49400-417 E 101-45100-417 E 601-49450-417 E 601-49450-417 E 101-43100-417 E 60� 49400-417 E 101 '45100-417 E 101-41940-405 E 10 1 -42000-405 Total A�Ibcrtvillci Check Detail Register June 15, 2009 Check Amt Invoice Comment 6/15/2009 ALBERTVILLE PIT STOP Motor Fuels $23.40 771 fuel Total ALBERTVILLE PIT STOP $23.40 6/15/2009 ARAMARK UNIFORM SERVICES Uniform Rentals $21.33 Uniform Rentals $21.33 Uniform Rentals $21.32 Uniform Rentals $21.33 Uniform Rentals $23.48 Uniform Rentals $23.46 Uniform Rentals $23.48 Uniform Rentals $23.48 Repair/Maint - Buildings $88.37 Uniform Rentals $17.88 Uniform Rentals $17.88 Uniform Rentals $17.88 Uniform Rentals $17.86 Uniform Rentals $13.03 Uniform Rentals $13.03 Uniform Rentals $13.03 Uniform Rentals $13.04 Repair/Maint Buildings $88.37 Repair/Maint - Buildings $19.14 ARAMARK UNIFORM SERVICES $498.72 629-6735014 swr uniforms 629-6735014 pks uniforms 629-6735014 wtr uniforms 629-6735014 pw uniforms 629-6739757 pw uniforms 629-6739757 swr uniforms 629-6739757 pks uniforms 629-6739757 wtr uniforms 629-6739758 mops, mats, towels 629-6744461 pks uniforms 629-6744461 wtr uniforms 629-6744461 pw uniforms 629-6744461 swr uniforms 629-6749242 swr uniforms 629-6749242 pw uniforms 629-6749242 wtr uniforms 629--6749242 pks uniforms 629-6749243 mops, mats, towels 629-6749244 mats Paid Chk# 027132 6/15/2009 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $30.95 796183 coffee Total BERRY COFFEE COMPANY $30.95 Paid Chk# 027133 6/15/2009 BERTELSON E 101-42400-200 Office Supplies (GENERAL) $53.24 04062009 office supplies Total BERTELSON $53.24 Paid Chk# 027134 6/15/2009 BOLTON & MENK, INC E 101-41710-303 Engineering Fees $75.00 0124917 Towne Lakes 5th Addition E 492-49000-303 Engineering Fees $227.50 0124918 52nd st prelim eng report E 101-41710-303 Engineering Fees $312.50 0124919 hunters pass E 101-41710-303 Engineering Fees $95.00 0124920 Towne Lakes 6th Addition E 494-49000-303 Engineering Fees $2,232.50 0124921 CSAH 19 & 50th St. E 101-41710-303 Engineering Fees $472.50 0124923 Town Homes #2008-01 E 503-00000-303 Engineering Fees $5,112.95 0124924 CSAH 37 utiliy extension E 101-41710-303 Engineering Fees $95.00 0124925 Niemeyer Trailer sales E 604-49660-303 Engineering Fees $380,00 0124926 sidewalk albert villas E 604-49660-303 Engineering Fees $802.50 0124927 landscaping albert villas E 101-43100-303 Engineering Fees $1,405.00 0124928 seal coat improvements E 101-42400-303 Engineering Fees $47.50 0124929 Building Permits E 101-41700-303 Engineering Fees $2,066.50 0125033 mapping, misc, applications E 101-41710-303 Engineering Fees $162.50 0125033 outlet mall E 101-41710-303 Engineering Fees $162.50 0125033 alb, bus, park E 101-41710-303 Engineering Fees $162.50 0125033 alb, crossing E 101-41700-303 Engineering Fees $760.00 0125033 staff & council meetings E 468-49000-300 Professional Srvs (GENERAL) $1,693.00 0125033 1-94 G 101-22831 Woodside - Karston Cove $47.50 015033 karston cove 3 Total BOLTON & MENK, INC $16,312A5 M:\Public Data\City Council\Council Packet inform ation\2009\06-15-09\06 15 2009 Finance Bills Posted Batch.doc Agenda Item No. 8. 11+ . 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Meeting Date June 15, 2009 Mayor and Council Communication -May 27, 2009 Finance --Payment of Claims Page 2 of 6 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027135 6/15/2009 C&C CONSULTANTS E 101-42000-111 Other (Fire Admin) $1,100.00 3521 firefighters grant application for 09 Total C&C CONSULTANTS $1,100.00 Paid Chk# 027136 6/15/2009 CENTER POINT ENERGY E 101-41940-383 Gas Utilities $43.59 0509 5954 Main E 101-42000-383 Gas Utilities $50.76 0509 11350 57th E 101-41940-383 Gas Utilities $616.86 0509 5959 Main Ave Ne E 101-45100-383 Gas Utilities $7.04 0509 5801 lander E 101-43100-383 Gas Utilities $64.75 05098 11822 63rd St Ne E 601-49450-383 Gas Utilities $76.32 05098 11728 63rd St Ne Total CENTER POINT ENERGY $859.32 Paid Chk# 027137 6/15/2009 CHARTER COMMUNICATIONS E 101-42000-321 Telephone $12.47 052809 cable service Total CHARTER COMMUNICATIONS $12.47 Paid Chk# 027138 6/15/2009 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $431.33 11188 Animal Control Service Total CITY OF MONTICELLO $431.33 Paid Chk# 027139 6/15/2009 CITY OF ST. MICHAEL E 101-45000-598 Pledges & Contributions $3,275.00 06092 pmt # 2 library (Apr -June 2009) E 101-45000-598 Pledges & Contributions $4,487.50 06092 pmt # 2 senior center (Apr -June 2009) Total CITY OF ST. MICHAEL $7,762.50 Paid Chk# 027140 6/15/2009 DEAN EULL E 101-42000-331 Travel Expenses $217.50 52809 Firefighter I Training Total DEAN EULL $217.50 Paid Chk# 027141 6/15/2009 DJ'S TOTAL HOME CARE CENTER E 101-45100-210 Operating Supplies (GENERAL) $81.24 38988 hydrant bury E 601-49450-210 Operating Supplies (GENERAL) $6.38 38990 tools E 101-45100-210 Operating Supplies (GENERAL) $13.59 38994 pvc pipe E 101-45100-210 Operating Supplies (GENERAL) $19.38 38995 elbows, pvc pipe E 101-41940-405 Repair/Maint - Buildings $40.45 39017 carpet cleaner E 101-45100-210 Operating Supplies (GENERAL) $2.12 39029 cored plug E 101-45100-210 Operating Supplies (GENERAL) $8.49 39031 tools E 601-49450-210 Operating Supplies (GENERAL) $22.12 39066 aluminum foil E 601-49450-210 Operating Supplies (GENERAL) $13.82 39068 v belts paint thinner tape E 601-49450-210 Operating Supplies (GENERAL) $41.49 39163 tools E 101-45100-210 Operating Supplies (GENERAL) $47.87 39340 poly sprayer 2 gal measure cup E 101-45100-210 Operating Supplies (GENERAL) $27.37 39356 pvc pipe and adapter E 101-45100-210 Operating Supplies (GENERAL) $1.26 39357 hardware E 101-45100-210 Operating Supplies (GENERAL) $3.72 39360 elbow E 101-45100-210 Operating Supplies (GENERAL) $3.72 39367 bushing, pipe E 101-45100-210 Operating Supplies (GENERAL) $2.22 39380 tee, nipple E 601-49450-210 Operating Supplies (GENERAL) $6.37 39401 termnl E 601-49450-210 Operating Supplies (GENERAL) $22.33 39408 grease -marine, tote all pro E 601-49450-210 Operating Supplies (GENERAL) $20.14 39529 sleeve, comprsn elbow brush delux gloves E 101-45100-210 Operating Supplies (GENERAL) $45.60 39531 hardware Total DJ'S TOTAL HOME CARE CENTER $429.68 Paid Chk# 027142 6/15/2009 DOCUMENT DESTRUCTION SERVICE E 101-41400-200 Office Supplies (GENERAL) $30.00 138085 doc. Distruction Total DOCUMENT DESTRUCTION SERVICE $30.00 M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 Finance Bills Posted Batch.doc Agenda Item No. O. E. I . Meeting Date June 15, 2009 19 Mayor and Council Communication -May 27, 2009 Finance - Payment of Claims Page 3 of 6 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027143 6/15/2009 DON'S AUTO & REPAIR E 101-42000-212 Motor Fuels $49.78 56165 fuel E 101-42000-212 Motor Fuels $64.56 56189 fuel E 101-42000-212 Motor Fuels $23.58 56274 fuel E 101-42000-212 Motor Fuels $9.07 56317 fuel E 101-42000-212 Motor Fuels $66.04 56324 fuel E 101-42000-212 Motor Fuels $25.89 56389 fuel E 101-42000-212 Motor Fuels $13.95 56437 fuel Total DON'S AUTO & REPAIR $252.87 Paid Chk# 027144 6/15/2009 EMBARQ- MO E 101-41940-321 Telephone $15.42 052309 Idst Total EMBARQ- MO $15.42 Paid Chk# 027145 6/15/2009 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $449.15 42622 replace valve in engine Total EMERGENCY APPARATUS MNTC $449.15 Paid Chk# 027146 6/15/2009 ESS BROTHERS & SONS, INC. E 101-43100-403 Repair/Maint- Catch Basins $215,13 MM1566 M black (catch baisins) Total ESS BROTHERS & SONS, INC. $215.13 Paid Chk# 027147 6/15/2009 FEDERATED CO-OPS, INC. E 601-49450-210 Operating Supplies (GENERAL) $58.36 f30588 sunny place 20 LB. E 10145100-210 Operating Supplies (GENERAL) $293.35 f31031 trimec 992 2.5 gal whole oats sunny place 50 LB. E 101-45100-210 Operating Supplies (GENERAL) $297.85 f31080 sulfate potash baggin fert per ton E 101-45100-210 Operating Supplies (GENERAL) $69.18 f31099 plant food whole oats E 101-45100-210 Operating Supplies (GENERAL) $20.77 f31181 tsp 2 E 101-45100-210 Operating Supplies (GENERAL) $177.15 f31194 buccaneer plus 2.5 GAL. E 101-45100-210 Operating Supplies (GENERAL) $74.50 f31196 22-0-7-6 turf energiz E 101-45100-210 Operating Supplies (GENERAL) $160.53 f31341 trimec 992 2.5 Total FEDERATED CO-OPS, INC. $1,151.69 Paid Chk# 027148 6/15/2009 FRIENDLY CITY DAYS COMMITTEE E 101-45000-596 Friendly City Days $4,250.00 0609 queens committee (scholarships) Total FRIENDLY CITY DAYS COMMITTEE $4,250.00 Paid Chk# 027149 6/15/2009 FYCC E 101-45000-598 Pledges & Contributions $10,000.00 0609 for 2nd half of 09 Total FYCC $10,000.00 Paid Chk# 027150 6/15/2009 GOIN POSTAL E 601-49450-322 Postage $10.42 430 Postage Total GOIN POSTAL $10.42 Paid Chk# 027151 6/15/2009 INTERNATIONAL CODE COUNCIL E 101-42400-433 Dues and Subscriptions $100.00 2710081 governmental member dues JS Total INTERNATIONAL CODE COUNCIL $100.00 Paid Chk# 027152 6/15/2009 IVERSON REUVERS, LLC E 604-49660-304 Legal Fees $280.00 5298 albertville vs. S.E.H Total IVERSON REUVERS, LLC $280.00 Paid Chk# 027153 6/15/2009 JANICE BARTHEL G 101-22900 Rental Deposit Escrow $100.00 6909 park rental deposit Total JANICE BARTHEL $100.00 M:\Public Data\City Council\Council Packet inform ation\2009\06-1 5 -09\06 15 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E. 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Meeting Date June 15, 2009 20 Mayor and Council Communication —May 27, 2009 Finance — Payment of Claims Page 4 of 6 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027154 6/15/2009 JOINT POWERS BOARD E 602-49400-372 JP Dist $39,503.55 0609 E 602-49400-376 JP Fed Wtr Test $1,172.24 0609 E 602-49400-374 JP Dist Pen $1,121.09 0609 E 602-49400-376 JP Fed Wtr Test $27.58 0609 E 602-49400-371 JPDIST COMBO $27.52 0609 E 602-49400-373 JP Dist II Low $24.77 0609 E 602-49400-375 JP Access $7.00 0609 Total JOINT POWERS BOARD $41,883.75 Paid Chk# 027155 6/15/2009 KONRAD MATERIAL SALES, LLC E 101-43100-404 Repair/Maint - Machinery/Equip $228.44 1250843 Total KONRAD MATERIAL SALES, LLC $228.44 Paid Chk# 027156 6/15/2009 LEAGUE OF MINNESOTA CITIES E 101-41300-433 Dues and Subscriptions $49.79 2009 E 101-41400-433 Dues and Subscriptions $49.79 2009 Total LEAGUE OF MINNESOTA CITIES $99.58 Paid Chk# 027157 6/15/2009 MAGIC WATER E 101-42000-404 Repair/Maint - Machinery/Equip $98.00 11385B Total MAGIC WATER $98.00 Paid Chk# 027158 6/15/2009 MENARDS - BUFFALO E 101-45100-530 Improvements $77.46 13684 Total MENARDS - BUFFALO $77.46 Paid Chk# 027159 6/15/2009 METRO ASPHALT & CONCRETE SERVI E 602-49400-407 R/M - Water Mains $1,543.00 608 Total METRO ASPHALT & CONCRETE SERVI $1,543.00 Paid Chk# 027160 6/15/2009 METROPOLITAN UNDERGROUND SERV E 101-43100-224 Street Overlayment $1,887.00 14001-09 Total METROPOLITAN UNDERGROUND SERV $1,887.00 JP DIST fed wtr test JP DIST pen wtr test pen JPDIST combo JP DIST II low JP access 5 Gal. tack 09 directories 09 directories case of sport top 20oz bottled water rotary file, fender washer, deer fence completion of driveway repair as per contract remove and replace asphalt street Paid Chk# 027161 6/15/2009 MIDWEST LANDSCAPES E 604-49660-300 Professional Srvs (GENERAL) $20,734.12 T15573-0001 supplied and planted trees as per contract Total MIDWEST LANDSCAPES $20,734.12 Paid Chk# 027162 6/15/2009 MIDWEST PLAYSCAPES INC E 101-45100-530 Improvements $671.65 3871 oval to round tranisition tube Total MIDWEST PLAYSCAPES INC $671.65 Paid Chk# 027163 6/15/2009 MINNESOTA DEPT OF LABOR & INDU E 101-41940-405 Repair/Maint -Buildings $100.00 0609 elevator license Total MINNESOTA DEPT OF LABOR & INDU $100.00 Paid Chk# 027164 6/15/2009 MTI DISTRIBUTING, INC. E 101-45100-404 Repair/Maint - Machinery/Equip $483.27 670161-00 cylinder lift Total MTI DISTRIBUTING, INC. $483.27 Paid Chk# 027165 6/15/2009 MWOA E 601-49450-208 Training and Instruction $225.00 0609 annual conference Total MWOA $225.00 M:\Public Data\City Council\Council Packet infonnation\2009\06-15-09\06 15 2009 Finance Bills Posted Batch.doc Agenda Item No. t3.E.1 . Meeting Date June 15, 2009 21 Mayor and Council Communication -May 27, 2009 Finance - Payment of Claims 10100 Premier Bank Paid Chk# 027166 6/15/2009 N. A. C. E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41910-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41910-306 Planning Fees Total N. A. C. Check Amt Invoice Comment $28.70 18555 $207.40 18555 $343.45 18555 $378.87 18555 $632.48 18556 $529.60 18556 $500.00 18557 $2,620.50 Paid Chk# 027167 6/15/2009 NAGELL APPRAISAL & CONSULTING E 494-49000-300 Professional Srvs (GENERAL) $725.00 15707 Total NAGELL APPRAISAL & CONSULTING $725.00 54th st district sign Ord. amend - temp Sub. Div. Ordinance Amend agendas, billboards, decks wagenershed neidermeier alley sraff council & planning meetings trial and prep 19 Assessments Paid Chk# 027168 6/15/2009 NEWMAN TRAFFIC SIGNS E 101-45100-530 Improvements $67.44 T1-008158 signs Total NEWMAN TRAFFIC SIGNS $67.44 Paid Chk# 027169 6/15/2009 NORTH COUNTRY QUALITY BLDRS G 101-22800 Landscaping Escrow $3,000.00 5-26-09 refund landscape Total NORTH COUNTRY QUALITY BLDRS $3,000.00 Paid Chk# 027170 6/15/2009 NORTHERN SAFETY CO., INC. E 101-43100-226 Sign Repair Materials $282.93 p242203401023 step-n-lock v.panel Total NORTHERN SAFETY CO., INC. $282.93 Paid Chk# 027171 6/15/2009 NOW CARE MEDICAL CENTERS E 601-49450-300 Professional Srvs (GENERAL) $21.00 0509 Testing E 602-49400-300 Professional Srvs (GENERAL) $21.00 0509 Testing Total NOW CARE MEDICAL CENTERS $42.00 Paid Chk# 027172 6/15/2009 OMANN BROTHERS E 101-43100-404 Repair/Maint - Machinery/Equip $87.91 8301 A.0 mix Total OMANN BROTHERS $87.91 Paid Chk# 027173 6/15/2009 ONVOY, INC E 601-49450-321 Telephone $35.50 090602009658 3% phone/data network E 602-49400-321 Telephone $35.50 090602009658 3% phone/data network E 101-41940-321 Telephone $709.98 090602009658 60% phone/data network E 101-42400-321 Telephone $236.66 090602009658 20% phone/data network E 101-42000-321 Telephone $82.83 090602009658 7% phone/data network E 101-43100-321 Telephone $82.83 090602009658 7% phone/data network Total ONVOY, INC. $1,183.30 Paid Chk# 027174 6/15/2009 REED BUSINESS INFORMATION E 101-43100-223 Seal Coating $179.58 4174809 2009 seal coat improvement E 101-43100-223 Seal Coating $179.58 4178420 2009 seal coat improve Total REED BUSINESS INFORMATION $359.16 Paid Chk# 027175 6/15/2009 ROY C., INC E 101-41940-405 Repair/Maint - Buildings $187.50 45998 2 doors need repair Total ROY C., INC $187.50 Paid Chk# 027176 6/15/2009 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $54.23 01N14311 paper E 101-41400-200 Office Supplies (GENERAL) $63.00 01N14672 sanitizer Total S & T OFFICE PRODUCTS $117.23 M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 Finance Bills Posted Batch.doc Page 5 of 6 Agenda Item No. 0.E.I . Meeting Date June 15, 2009 22 Mayor and Council Communication —May 27, 2009 Finance — Payment of Claims Page 6 of 6 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027177 6/15/2009 SUN PRESS & NEWSPAPERS E 101-41100-351 Legal Notices Publishing $36.90 914843 ph cup schuur-wagner E 101-41100-351 Legal Notices Publishing $113.16 919969 vacation neidermeier Total SUN PRESS & NEWSPAPERS $150.06 Paid Chk# 027178 6/15/2009 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) $1,950.00 1669 1-94 Total TINKLENBERG GROUP $1,950.00 Paid Chk# 027179 6/15/2009 TRYCO LEASING INC E 101-42000-310 Other Professional Services E 101-41400-413 Office Equipment Rental Total TRYCO LEASING INC Paid Chk# 027180 6/15/2009 WASTE MANAGEMENT E 601-49450-384 Refuse/Garbage Disposal E 101-45100-384 Refuse/Garbage Disposal E 101-43100-384 Refuse/Garbage Disposal Total WASTE MANAGEMENT $113.24 4331 lease copier $689.62 4332 lease copier $802.86 $72.48 4994893-1593- garbage removed $55.50 4994893-1593- garbage removed $55.32 4994893-1593- garbage removed $183.30 Paid Chk# 027181 6/15/2009 WEIDNERS PLUMBING & HEATING CO E 101-41940-405 Repair/Maint -Buildings $144.10 227212 temperature control service call E 101-41940-405 Repair/Maint - Buildings $1,193.56 227213 repair in boiler Total WEIDNERS PLUMBING & HEATING CO $1,337.66 Paid Chk# 027182 6/15/2009 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $40,880.00 patrol-09-6 June service Total WRIGHT CTY SHERIFFS PATROL $40,880.00 Paid Chk# 027183 6/15/2009 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $4,500.00 0509 May recycling Total WRIGHT RECYCLING $4,500.00 Paid Chk# 027184 6/15/2009 XCEL ENERGY E 101-41940-381 Electric Utilities $33.18 514165980759 5700 labeaux AVE NE unit signal E 101-41940-381 Electric Utilities $4.38 516443911659 10820 kantar CT NE E 101-43160-381 Electric Utilities $5,083.13 51690/038059 street lights Total XCEL ENERGY $5,120.69 Paid Chk# 027185 6/15/2009 ZONA GUTZWILLER R 602-00000-99999 UNALLOCATED UTILITY $179.78 ub0509 refund overpd UB Total ZONA GUTZWILLER $179.78 10100 Premier Bank $176,394.83 Fund Summary 101 GENERAL FUND 468 CSAH 19 RAMPS/I 94 Project 492 52nd st Industrial Park 494 CSAH 19 & 50th St. (South 19) 503 CSAH 37 Utilities 601 SEWER FUND 602 WATER FUND 604 STORM WATER 10100 Premier Bank $97,811.11 $3,643.00 $227.50 $2,957.50 $5,112.95 $707.41 $43,738.74 $22,196.62 $176, 394.83 M:\Public Data\City Council\Council Packet inform ation\2009\06-15-09\06 15 2009 Finance Bills Posted Batch.doc Agenda Item No. 8. E. 2.. Meeting Date June 15, 2009 23 DtrSIGNING FOR A BETTER TOMORRdw Bolton & Menk is an equal oppo tunity employer 24 Sales tax paid by Midwest Landscapes.. Prices shown are installed prices. 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Home I Productl Faq I Select your appli © 2008 Sprung Instant Structures Ltd. © 2008 Sprung Instz 2008 Sprung Insta Terms of use Privacy Policy I ISO 9001 http://www.sprung.com/en/Product/index.php 27 6/11/2009 A.1beBig rtvijle Mayor and Council Communication r� June 10, 2009 SUBJECT: 0 ENGINEERING — 2009 SEALCOAT IMPROVEMENTS RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the acceptance of the lowest bid received for the 2009 Sealcoat Improvements. It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve Resolution No. 2009-022 entitled a Resolution Accepting Low Bid for 2009 Sealcoat Project. BACKGROUND: As directed by the Council, the approved 2009 Seal Coat Improvements project was advertised and on June 9, 2009, bids were opened for the 2009 Seal Coat Improvements project. A total of three (3) bids were received with quotes ranging from $99,044.50 to $119,204.00 and as tabulated below Pearson Brothers, Inc. of Hanover, Minnesota, submitted the low bid for the project. Pearson Brothers, Inc. specializes in the application of bituminous seal coating and has successfully completed the City's seal coat projects for the last four years. It is recommended that the contract in the amount of $99,044.50 be awarded to Pearson Bros., Inc. KEY ISSUES: • Low Bid for the project is $99,044.50 • Low Bid Received by Pearson Bros., Inc. POLICY CONSIDERATIONS: Acceptance of bids and proposals is subject to Mayor and City Council approval. FINANCIAL CONSIDERATIONS: The 2009 seal coat budget is $35,000.00 and the 2009 overlay budget is $170,000. The City also currently holds approximately $18,600 designated for the seal coating of the Kollville Estates 3rd Addition. The total balance of the reserved/designated funds for bituminous projects is approximately $223,600. M:\Public Data\Requests for Council Actions (RCA)\2009\06 15 2009 Engineering 2009 Sealcoat Award (RCA).doc Agenda Item No. 8.1.1. . Meeting Date June 15, 2009 Mayor and Council Communication — June 10, 2009 Engineering — 2009 Sealcoat Improvements Page 2 of 2 LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to accept or reject bids for municipal improvements. Respectfully submitted, Larry R. use City Administrator Department/Responsible Person: Engineering and Public Works/ Engineer Adam Nafstad and Public Works Supervisor Tim Guimont Attachments: Resolution No. 2009-022 M:\Public Data\Requests for Council Actions (RCA)\2009\06 15 2009 Engineering 2009 Sealcoat Award (RCA).doc Agenda Item No. 8.1.. l.. Meeting Date June 15, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-022 RESOLUTION ACCEPTING LOW BID FOR 2009 SEAL COAT PROJECT WHEREAS, plans and specifications for seal coating certain City streets have been prepared by Bolton & Menk, Inc. and such plans and specification have been presented and approved by the Albertville City Council; and WHEREAS, pursuant to an advertisement for bids for the proposed improvements, bids were received, opened and tabulated according to law; and WHEREAS, it appears that Pearson Bros., Inc. of Hanover, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: l . The bid of Pearson Bros., Inc. said "Low Bidder" in the amount of $99,044.50 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid. 2. Said bid of said Low Bidder is accepted. 3. The City Administrator and City Clerk are hereby authorized and directed to enter into a contract with said "Low Bidder" for the construction of said improvements for and on behalf of the City of Albertville. Approved by the City Council of the City Albertville this 15t' day of June 2009. Ron Klecker, Mayor Bridget Miller City Clerk 30 L � F " s t"-L7-0 To: Larry Kruse, City Administrator; Albertville City Council From: Mike Couri Date: June 10, 2009 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • Highway 19 South Improvement. The Court portion of the Psyk trial is finished. We are just finishing our closing brief to the Court, which is due on June 24th. Reply briefs are due on July 10th. The judge has 90 days after that date to make her decision. A decision is likely to come down sometime in September. Leuer's appeal is scheduled for one more day of trial on August 1 Oth. That decision will likely not come out until sometime in November or December. • XCEL and Wright Hennepin Franchise Agreement. Xcel has sent back a final draft which I believe is acceptable. I am now sending that to Wright Hennepin for their review and comment. Once both companies are in agreement, the franchise agreements will be placed on the City Council's agenda. • Prairie Run. On June 4th we submitted a draw on the letter of credit to Alpine Capital for the delinquent special assessments in the amount of $217,000. I talked with Dane Swenson of Alpine Capital and he was not sure if they can get the funds to pay us, as the banks financing Alpine will have to advance the funds to Alpine. Alpine has until June 12t1i to cut the check. If they fail to do so, the City can sue Alpine and seek a judgment against them, which would then be docketed in the counties where Alpine owns property. If Alpine does not pay, we still have the full amount of the special assessments outstanding against approximately 19 lots in Prairie Run, Our only fear is that as the penalties and interest accrue on the M;\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 Legal Attorney Report 16, June 15, 2009.doc T Agenda Item No. 8.J .1. Meeting Date June 15, 2009 32 Mayor and Council Communication — June 10, 2009 Legal — Attorney's Report Page 2 of 3 delinquent special assessments, the total due may at some point exceed the value of the lots. I should know by Monday's City Council meeting whether Alpine is going to pay the City. I also spoke to Alpine regarding the dissolution of the homeowners' association in the area where the private street is located. Alpine is in the process of foreclosing on most of the lots on the private street and will likely reestablish the homeowners' association once they get possession of the property in about five months. • TIF Districts. Neither the Fehns nor the Barthels can find any of the documentation we are looking for. We are now looking into having them provide some sort of substitute documentation that may satisfy the state auditor • Towne Lakes 61h Addition. I am in the process of modifying the developer's agreement per M&I Bank's request. That should be before the City Council in July. We have filed an answer in the litigation, but no further action has been taken by any of the parties. I expect either the bank or Hennen to file a motion for summary judgment sometime in the next few months. • Towne Lakes Water Bill. The agreement to have Scherer Brothers pay the $19,000 in water bills in exchange for the City releasing Scherer Brothers remaining 5 lots from financial liability has been reviewed by Scherer Brothers' attorney. I am awaiting her changes to that agreement. She was supposed to have them to me nearly two weeks ago, and I am waiting for her to return my phone call on this issue. • Hoey Sign Relocation Compensation. That issue is on the Council's agenda for this meeting with an accompanying memo. • Dominium Townhome Easement Vacation. The surveyor for Dominium apparently read the easement descriptions wrong and erroneously concluded that we did not vacate enough easement area. It turns out the easement vacation legal description was properly prepared and no additional easement need be vacated. There are a two minor encroachments into our utility easements by Dominium that need to be addressed. We are working with the developer on how to address these encroachments and will likely have a recommendation to the Council at the first meeting in July. M:\Public Data\City Council\Council Packet infonnation\2009\06-15-09\06 15 2009 Legal Attorney Report 16, June 15, 2009.doc Agenda Item No. 8.J . 1 « Meeting Date June 15, 2009 33 Mayor and Council Communication — June 10, 2009 Legal — Attorney's Report Page 3 of 3 CSAH 37 West Trunk Utility District. The ordinance establishing this sub- district will go to the Council for approval once the contract is let. That should happen after the water main/Xcel easement issues are resolved. Vacant Housing Registration Ordinance. We are working on a vacant house registration ordinance and will forward it to City Staff later this week for review. M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 Legal Attorney Report 16, June 15, 2009.doc Agenda Item No. 8.11 . Meeting Date June 15, 2009 34 iyj Fo I a 707 To: Albertville City Council From: Mike Couri, Sarah Schwarzhoff CC: Marc Manderscheid; Gregory Thompson Date: June 11, 2009 Re: Hoey Billboard Relocation In 2007, the City of Albertville purchased property from Gerhard Knechtl in connection with planning for an interchange at CSAH 19 and Interstate 94. Located on that property was a billboard owned by Hoey Advertising, which had a lease on the Knechtl property which expired in September 2008. The City obtained an estimate from Scenic Sign Corp. to relocate the sign. Scenic indicated that the sign was in good shape and could be relocated for $22,150.00. At the time, the City planned for a three party agreement that would provide $22,150.00 to Hoey to move the billboard to additional property owned by Knechtl. That agreement fell through when Hoey and Knechtl could not agree on the new location for the billboard and Hoey was never paid. When our office initially researched this issue, we concluded that since the City was not terminating Hoey's lease, but rather letting it expire according to its terms, Hoey was not entitled to relocation assistance and damages. However, after conferring with representatives from MNDOT, we now conclude that under the applicable Federal Uniform Relocation Act, Hoey does qualify for relocation benefits even if the City does nothing to impair Hoey's existing lease rights. Hoey does qualify as a displaced person under the Federal Uniform Relocation Act. 42 USC 4601(6) states that a displaced person is any person who moves personal property from real property due to acquisition of that real property as part of a federally funded project. Hoey has now submitted a claim, through its attorney Marc Manderscheid, for payment of relocation expenses. The claim is for $82,438.02, which Hoey seeks as reimbursement for tearing down the old sign, scrapping it, and erecting a new monopole sign with new sign faces. The City's ordinances do not require that the new sign be a monopole sign. When asked why Hoey did not reuse the existing billboard sign (as was proposed under the Scenic Sign quote), Mr. Manderscheid replied that Hoey was told by someone from the City that the City expected Hoey to install a monopole sign. No one from the City's building inspection department (or anyone else that we know of at the City) has made such a statement, and Mr. Manderscheid was unable to identify who made that statement (he was going to check with his client to see if the person allegedly making the statement was known). Even if we M:\Public Data\City Council\Council Packet information\2009\06-15-09\0615 2009 Legal Hoey Billboard relocation memo 2.doc Q Agenda Item No. i71'( o {)\a Meeting Date June 15, 2009 C assume that such a statement was made by someone from the City, "expectations" do not trump the City's ordinances. From a relocation standpoint, Hoey could have relocated the existing billboard sign using the same sign faces the multiple steel I-beam supports as set out in Scenic Sign Company's proposal. Under the Federal Uniform Relocation Act, the City must now make a determination of relocation benefits Hoey is entitled to and make an offer to Hoey for relocation expenses under the Federal Uniform Relocation Act. Pursuant to 42 USC 24.10, Hoey can then either accept the City's offer or appeal the City's decision. The appeal goes to the City and the City must appoint an administrative hearing officer. In this case we would recommend that the City use an Administrative Law Judge from the Office of Administrative Hearings in St. Paul. They are independent of the City, have procedures in place to hold such a hearing and have held these types of hearings for government agencies in the past. By law, the City would have to pay the costs of the Administrative Law Judge (we were unable to get a cost estimate at this time). Once the hearing officer made a determination as to the amount to be paid, either parry could appeal to the Court of Appeals through a writ of certiorari. The amount of payment is determined under federal regulations. Hoey's claim is for the relocation of a billboard. Under 49 CFR 24.301(f) the relocation of an advertising sign requires a payment of "the lesser of. (1) the depreciated reproduction cost of the sign, as determined by the Agency, less the proceeds from its sale; or (2) the estimated cost of moving the sign, but with no allowance for storage." The City has an estimate that qualifies under (f)(2) and can be used as a basis for payment. The cost found by the estimate was $22,150.00. However, the estimate was given in January 2006 and the sign was not moved until October 2008. Therefore, it should be adjusted for inflation. According to the consumer price index, the adjustment from January 2006 to October 2008 is approximately 9%. Therefore, the total amount suggested by the estimate and inflation is $24,143.50. Mr. Manderscheid has made several other arguments for how Hoey should be paid. He has variously argued that the payment should be calculated generally as a business move, as a direct loss, or under the section for substitute personal property. We disagree. The billboard is clearly an advertising sign and should be treated as such. However, even if the other sections pointed out by Mr. Manderscheid are used, the payment amount is the same. General business moves are covered by 49 CFR 24.301(d), which allows payment under either a commercial move or a self move. Hoey hired a company to move the sign so it would be calculated under the commercial move section. For a commercial move, the measure of payment is based on an estimate of the cost to move the personal property and "at Agency's discretion, payment for a low cost or uncomplicated move may be based on a single bid or estimate." The estimate obtained from Scenic Signs is sufficient and the cost would be the same, $24,143.50. Direct losses are calculated under 49 CFR 24.301(g)14. Direct loss is defined in Robzen's Inc v. U.S., 515 F.Supp 228, 239 (1981) as a situation where the owner could move the personal property but chooses not to do so. Here, Hoey did move at least parts of the sign so it does not qualify as a direct loss. However, again, even if it did, the payment is based on the lesser of two options and one of the options is "the estimated cost of moving the item as is, but not including any allowance for storage." Again the payment would be based on the $24,143.50 adjusted estimate obtained from Scenic Signs. M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 Legal Hoey Billboard relocation memo 2.doc Agenda Item No. 0.1 �4 Meeting Date June 15, 2009 37 Substitute personal property under 49 CFR 24.301(g)16 is measured by the lesser of two options, one of which is the "estimated cost of moving and reinstalling the replaced item but with no allowance for storage." Again, returning to the estimated cost from Scenic Signs. No matter which argument is chosen, the result is the same. The payment is to be based on an estimate of what it would cost to move the sign. The City has obtained that estimate and should use it as the determination of payment. Furthermore, the courts have made clear in Supreme Oil Co v Metropolitan Transportation Authority, 157 F.3 148, 152 (1998) that an owner of property cannot force the City to pay for enhancements to the personal property moved. In Hoey's case, the City is not required to pay more so that Hoey can have a newer, monopole sign. Another issue that has been raised by Mr. Manderscheid is attorney's fees. However, any claim for attorney's fees must be based on a specific statute. Mr. Manderscheid has not identified where he bases his claim. Our research revealed two possible sources of attorney's fees. One source is Minn. Stat. 117.52, but it specifically states that it does not apply when federal funding is involved, so is not applicable in this situation. The second source is the Uniform Relocation Act, 42 USC 24.107. However it only applies in inverse condemnation situations which also is not applicable. There does not appear to be any statutory basis for a claim for attorney's fees. Therefore, based on the analysis above, we recommend offering $24,143.50 to Hoey for relocation costs. This amount is sufficient under any of the sections in the federal regulations. M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 Legal Hoey Billboard relocation memo 2.doc pp Agenda Item No. &S, - Meeting Date June 15, 2009 W RECEIVED FES 0 J 1009 13 r: c o s M o R e a "i February 5, 2009 Mr. Michael Couri Albertville City Attorney Couri, McArthur & Ruppe PLLP P.O, Box 369 St. Michael, MN 55376 22001DS Center 80 South 8th Street Minneapolis MN 55402-2157 tel 612.977.8400 fax 612.977.8650 612.977.8280 mmanderscheid@briggs.com Re: Relocation Benefits Claim from Hoey Outdoor Advertising, Inc. Mn/DOT Permit No. 3ad6250 Dear Mr. Couri: On or about October 23, 2007, the City of Albertville entered into a commercial purchase agreement with DDr. Gerhard Knecht] to acquire real property located along Interstate I-94 in Albertville. Hoey Outdoor Advertising, Inc. was in possession of a portion of the property as a location for one of Hoey's advertising signs. The United States Congress has adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC §4601 et sec ..), the "Uniform Act." The provisions of the Uniform Act are explained in a set of regulations adopted by the Federal Highway Administration, the lead federal agency, which are set forth at 49 CFR §24.1, et sec .. Hoey was a "displaced person" as defined in the relocation regulations. 49 CFR §24.2(9). It is our understanding that federal funds will be used to reimburse Albertville for its costs in this matter; thus, the federal regulations are applicable pursuant to 49 CFR §24,101. If federal money were not used, then Hoey would also be a "displaced person" pursuant to Minn. Stat. § 117.50, and entitled to receive those benefits specified in Minn. Stat. § 117.052, which provides that all public entities acquiring property shall provide all relocation assistance, services, payments and benefits required under the Uniform Act. Claims for relocation payments are to be supported by such documentation as may be reasonably required to support expenses incurred. 49 CFR §24.207, Hoey is seeking to be reimbursed its actual moving expenses incurred in moving and reestablishing a sign structure and its appurtenances from the original location to the replacement location. See 49 CFR §301. The following costs were incurred in actually moving and reestablishing a sign structure and its appurtenances. See 49 CFR §24.301(g). Documentation for each of the costs is attached as Exhibits A through F. Briggs and Morgan, Professional Association Minneapolis I Si. Paul I www.briggs.com tvlember - !ex iMundi, a Global Association of Independent Law Rrms 39 BRIGGS AND MORGAN Mr. Michael Couri February 5, 2009 Page 2 1, Building Permit. Hoey paid the City of Albertville the sum of $1,149.89 as building permit fees. This sum was paid on October 27, 2008. See Exhibit A. The sign footings passed the City's inspection on November 26, 2008. Id. The final inspection was granted on January 15, 2009. Id. See 49 CFR §24.301(g)(11). 2. Take Down of Old Structure. Hoey hired Scenic Sign Corp. to remove the existing billboard sign, salvage some of the steel, and scrap the remaining parts. An invoice in the amount of $4,625.00, dated December 18, 2008, is attached hereto as Exhibit B. The invoice amount should be reduced by the value of the salvaged steel. Hoey has secured a verbal estimate from Re -Alliance Recyclers in Minneapolis for the steel as having a salvage value of approximately $600. Thus, this part of the claim is for $4,025.00. See 49 CFR §24.301(g)(3). 3. Replacement Billboard Structure. By an invoice dated November 20, 2008, Hoey was billed the sum of $41,900.00 by Productivity Fabricators, Inc., for the replacement billboard structure. A copy of invoice number 7257 is attached hereto as Exhibit C. See 49 CFR §24.301(g)(16). 4. Replacement Structure Assembly and Installation. Hoey retained Schmieg- Washburn Industries, Inc., to assemble the parts of the replacement structure and to install it at the replacement site. Invoice number 7219, dated December 1, 2008, in the amount of $22,800.00 is attached hereto as Exhibit D. See 49 CFR §24.301(g)(16). 5. Electrification. The original sign structure was illuminated. In order to illuminate the replacement sign structure, it was necessary to move the power supply and install electrical service on the replacement structure. Hoey was charged the sum of 450.00 by Wright - Hennepin Cooperative Electric Association for the cost of moving the power supply, and an additional $4,100.00 by Pine Electric to install the electrical service. Total electrical installation charges were in the amount of $4,550.00. See invoices from Wright -Hennepin Cooperative Electric Association and Pine Electric, attached hereto as Exhibit E. See 49 CFR §24.301(g)(3). 6. Flex Face installation. Hoey incurred the cost of $513.76 to install the flex face on the replacement structure, including costs for materials and labor. Attached hereto as Exhibit F is a copy of the invoice from Signs Plus dated December 17, 2008, See 49 CFR §24.301(g)(3). 7. General Contractor Costs. Hoey arranged for the permitting, demolition, removal, acquisition, fabrication, and installation of the replacement sign structure through the use of several subcontractors. Hoey acted as its own general contractor for the project. Hoey estimates that the expenses incurred by its personnel in securing proper permits, negotiating the lease of the replacement site, and for its general contractor services, including the development and identification of the design documents, arranging and coordinating shipping, supervising removal and erection, and supervising installation, was approximately 10% of the total direct rF BRIGGS AND MORGAN Mr. Michael Couri February 5, 2009 Page 3 costs. Hoey seeks reimbursement of its personnel costs for permitting, negotiation, and general contractor services in the amount of $7,493.37, which sum is 10% of the direct costs incurred and billed. 49 CFR §301(g)(8), and (17)(v) and (vi). Pursuant to the applicable relocation regulations, Hoey is submitting the following claim for reimbursement of actual relocation costs in the amount of $82,438.02. Summary of Relocation Claim 1 Building Permit $1,149.89 2 Take Down 4,025.00 3 Replace Structure 41,900.00 4 Assemble Structure 22,800.00 5 Electrification 4,555.00 6 Install Flex 513.76 7 Supervision 7 494.37 Total Amount of Claim $82,438.02 Please make the City's check payable to Hoey Outdoor Advertising, Inc. Please send the City's payment to me at the above a ess. Please advise as to whether there will be any requirements for a receipt of payment. as call with any questions. . Enclosures cc: Schubert & Hoey Outdoor Advertising, Inc. Jamie Hukriede, Mn/DOT 2288285v1 41 c� •' '"'"we °'*. Date Recervdd . }�,��++• }�'i BUILDING PEAPPLICATION APPLICATION Date Notified V'G ! e 5959 Main Avenue srnaa Town urn. 04 my tMa. Albertville, MN 55301 , Cash, G Phone, 763497-3384 Fax 763-497-3210 :rrmit f ---------------------------------------- Site t Address:.5 �1 %� i(4'rC ( i BUILDING PEI+1W FEES i Business Name, � j �7 r { The Applicant is: {)weer Contractor _ Tenant. E: permit ! . Legal Description: 1 Surcharge 1 Addition Lot BlicR I t f i Plan Check l 3 1 t Owner: i Name 60ZHSJ&j j(�VCC/fr Address Engine-ing(site) f I City _ Ut EN'NA i d --2S MA St Zip � / ,3 0 I Mechanical t Phone (T� �rlt _( S'' (W) C f Fireplace (s) t ) 1 f Contractor: ` ,""V t Plumbing t Company Name t {�/!+j /' •d 141A0, License i! S & W f , I Address .:31 k- V(14.N� R, City i17U 1 St MYZip5 Water Meter t Contact Pelson ��%4b SCt�l City WAC t t i t Eho»e: fW ' G f ?y t3- (C) �� (� 7f +-c�Zi' 2t JP WAC f t 1 SAC t ame Address t Storm Water t t t city St Zip 1 License Chock I t t f t Pho tW) (C) (Fax) t Other, ,1 ! ( Type. of Work: t rOTA L t hTew Construction Residential 0 Addition C Alteration Eck ish $smt Construcdon srnmemial p Garagc(Shed ResidefP=of eplace iC��f�Tenant finish � Comm Plb Comm. H ( Type of Const. tz PM Use of Bldg Y t t Occupancy Group \j i Size of Structure, y Total Square Footage: Occupancy Load t Length_ First Floor t Width -Seomd Floor Zoning t Height r pwE rsEii G� t,Baseroent f ( Garage t Are Fire prinklersRequired? i Estimated Valuation of Work: vr� U V yjjjp t t Sepprt:te perrrdre are requirOdAT elec{ricd, pi—blregt headm9t wmd1arlon • or air conditioning." Special Approvals Do not nerd w pall reparpee permits for New Contrition Residentipt t t 1 hereby a40 thal l have read and aramuned Me oppllcoelon and tin that work whiA Ir beF bate Approved elwtl coat f . t with the pp,*wd#*w and %P►Mfi .mv . Profit&' All n$ .: _ Wrd Ii1y Fire Dept. pravbia+�of7aNsarrdordtaeM.vy lhls � - � kwut W. j-........_.. t rvilf! .w or am. City Engineer • P3>}icarrrs 3i&iatttre City Planner lit; works , . Approved t y uddins om Woo Approved IN* other ZF /kral Coodiriaos or Comments: 1VERPI 1FPV. I- T wK W n1u; - i-qy Me -County Assessor Y _Cas0oaw `- Yellaw.File � ra �EvAc?.'�,Dt.t5� Sim EXHIBIT A W i� CITY OF ALBERTVILLE IN:SPECTI NOTICE M T W TH F PERMIT NO. SCHf=D L3 ADDRESS pate Time OWNER PHONE CONTRACTOR PHONE x- FOOTINGS FgVNDATION 0 FIREPLACE AT, THROAT 0 INSULATION 0 DEMO 0 SITE INSPECT Q. 12 DRAIN TILE 0 PLUMBING FINAL ©G ADIPiG1E7GCAV. 0 PLUMBING Al © HEATING FINAL 0 COMPLAINT t 0 HEATING RI 0 FIREPLACE FINAL 0 FOLLOW-UP . D.FRAM1NG 0. FINAL 0 C3. ., w LJ CORRECT UNSAFE CONDITION, IMMEDIATELY Cq L1 STOP ORDER POSTED. CALL INSPECTOR. © 0 INSPECTION REQUIRED, CALL TO ARRANGE ACCESS. Ca)(Bldg. Dept. at 763.497 106 at least 24 hours in advance for an appointment. Owner/Contractor._ n,si#e . Inspector City of Albertville, 5975 Main Avenue NE, Albertville, MN 55301 Phone: 763-497-5106 Fax 763-497-3210 White Copy/ Inspector's Files Yeliow Copy/ Site Notice or 43 CITY OF ALBERTVILLE INSPECTION P9TICE M T W (T� F PERMIT NO. _ _� SCHEDULED t ADDRESS61 PatA Tim., OWNER PHONE CONTRACTOR, _ PHONE: "o C] FOOTINGS 0 FIREPLACE AT THROAT O DEMO IZ ❑ FOUNDATION 0 INSULATION ❑ SITE INSPECTION 0 DRAIN TILE 0 PLUMBING FINAL ❑ GRADING/EXCAV. 0 PLUMBING RI ❑ MECHANICAL FINAL O COMPLAINT © MECHANICAL RI F REPLACE FINAL ❑ FOLLOW-UP (I FRAMING {� FINAL 0 COMMENTS 6)1Cr D-�� OCc O w a - ti w CC O ni; VORK SATISFACTORY. PROCEED. ❑ 'PHOTO TAKEN L7 i✓QRRECT WORK & PIR.QCEEU ❑ 64RRECT WORK & CALL FOR RE -INSPECTION BEFORE COVERING. q © CORRECT UNSAFE CONDITION IMMEDIATELY O Q STOP ORDER POSTED. CALL INSPECTOR, U 0 INSPECTION REQUIRED_ CALL TO ARRANGE ACCESS. Call Bldg. Dept- at 763-497-3 x 3 least 24 hours in advance for an appointment. Owner/Contractor nz a Inspector City of Albertville, 59 Main Avenue NE, Albertville, MN 5.63.0.1 Phone: 763-497-3384 x 3 Fax: 763-497-3210 White Copy/ Inspector's Files Yellow Copyr Site Notice W 111101 BOX 481 % CLCW MN 56302 (3M 252-9400 Invoice INVOICE #; 005.36898-0 DATE: 12/18/OB CUSTOMER JOB DATE DATE CODE NUMBER ORDERED COMP SALESMAN TERMS SHUR&HO 36898 11/19/08 12/15/08 DEZORIK NET 30 *** SOLD TO k** SCHUBERT & HOEY OUTDOOR 2747 26TH AVE S MINNEAPOLIS MN 55406- ATTN: MIKE HYLANDSON k** JOB LOCATION k** CITY OF ALBERTVILLE I-94 ALBERTVILLE MN OTY DESCRIPTION _ UNIT PRIC$ TOTAL PRICE REMOVE EXISTING D/F BILLBOARD SIGN, CUT IBEAMS OFF AT GROUND LEVEL AND SAVE LIGHTING. SEND SAVABLE MATERIALS TO FOREST LAKE LOCATION AND SCRAP THE REST. 1 PER PROPOSAL 4,625.00 9,62:5.00 1 LESS DOWN PAYMENT REC'D 2,312.50- - (NOTE; * INDICATES TAXABLE ITEMS) S U B T 0 T A L 2,312 50 ------------- P L E A S E F A Y T H I S A M 0 U N T------------> 2,312.50 EXHIBIT B 45 Productivity Fabricators, Inc, 2332 Flatley Rd. Richmond, IN 47374 Phone # (765) 966.2896 Fax # (765) 9354230 Sold To: Schubert & Hoey Advertising 2747 26th Avenue South Minneapolis MN 55406 EXHIBIT C Ship To: Invoice Invoice # 7257 Date 11/20/2008 M To Pt T71 DV-C-V(JE* Envelope, told along bottom of shaftd strip PRODUCT I Do SCHMIEG-WASHBURN INDUSTRIES, INC. 39 W. Viking Dr. LITTLE CANADA, MINNESOTA 55117 (612) 483-1323 FAX (612) 486-9202 TO *ATE CUGTOMMA ORDER NO, SALESPERSON VIA 7219 i J _ _ ram• :�, Am - - ----------- �. � 1=80f 01100"0 EXHIBIT D 4 Me 47 PINE ELECTRIC JOB DESCRIPTION 57791 Freedom Road Pine City, MN 55063 320-629-7332 1-800-620-3919 Date DeUvered to Ph Nn !r :-IlLr M Wright -Hennepin Cooperative Electric Association P.O. Box 330, Rockford, MN 55373-0330 Metro: 763-477-3000 - 1-800-WHE•GOOP Maple Lake: 320.963-3131 - 24-Hour Fax 763477-3054 2/15/2008 Lime Construction Charge Agreement lilt: Hoey Outdoor Advertisng Account #: 10611436901, 2747 26th Ave S Minneapolis MN 55406-1: .ovation. 06 36CB 005 ervice Information: 94TH & School Lk Addition: Block: Lot: ►'York Order #: 492114 Job Order #: 1 season for Charge: CONSTRUCTION ALTERATION OHD/URD Breakdown of Charges: MOVE POLE 1 a@ 375.00 Each 375.00 MOVE ANCHOR 1 c@ 75.00 Each 75.00 Total Charges: C50,00 Note: Total does not include applicable sates tax or other required local, state, and federal fees. tgree to pay the above charge after the work has been completed. Final cost will be based on actual construction otaize, and will be invoiced after the work is completed. ignature: me homeowner or bultder is not ready for service when crews arrive at a mutually agreed upon time because they do not have an tnapeoted and approved ler socket or an adequate corridor to Instal cattle, a trip charge will be applied per the most recent Schedule of charges. Please sign and return in the envelope provided. Thank you! W XD EC-1?-2000 08:8e AM SIGNS PLUS Randy S. Salo 10887 Bolton Ave NW Monticello, MN 55362 (763)878-2142 Fox (763)878-2142 P.el Invoiace INVOICE0, BILL TO SHIRTO Sohubert Outdoor Advertising 2747 28th Ave. S. Mary Minnespolls, MN 60400 DC-SCRIPTION trfatatl wtbert & Hoey Outdoor Add Rex Wo;. 3/4 Cpmdult Tax on meterW RatChsts. M816061 EXIftff F DUE DATE RATE. AMOUNT 275,00 3 5.13 ssiep, 4i33 6,25 to 1 �167 10. i4 I subtowl 0-OM Tax Total 50 lViichael C. Couri. Andrew J: MacArthur Robert T. Ruppe•- *AIso licensrd in 111inuat 11,41sn licvn.sed in CGIfjbrniu March 19, 2009 COURT, jVACARTHUR & R UPPE, P.L.L.P. Attorneys at Law 70.5 Central Avenue East PO Box 369 St, Michael, NtN 55376-0369 Mr. Marc J. Manderscheid Briggs and Morgan 2200 IDS Center 80 South 8'h Street Minneapolis, MN 55402-8650 (763) 4971930 (763) 497-2399 (FAX) www. courimacarthur, com Kyle R. Hartnett Sarah E. Sch warzh of f RE: City of Albertville; Hoey Outdoor Advertising, Inc. Relocation Benefits Claim. Dear Mr. Manderscheid: I have received your letter dated February 5, 2009 and have reviewed the claims of Hoey Advertising, Inc. ("Hoey") relating to relocation benefits that Hoey believes it is entitled to. While the City of Albertville ("City") believes that the Code of Federal Regulations ("CFR") are not clear as to whether Hoey is entitled to compensation in a situation where the City acquires the underlying fee title to property on which your client has a lease and where that lease expires under its own terms without any interference from the City, the City had been willing to consider providing reasonable relocation compensation to Hoey in earlier negotiations between DDr. Knechtl, the City and Hoey. The City remains willing to provide reasonable compensation provided Hoey and the City can agree on the amount of such compensation. Hoey is currently claiming $82,438.02 in total relocation compensation. Assuming that Hoey is entitled to relocation compensation under the CFR, the City believes that the CFR limits Hoey's compensation to a much lower amount. 49 CFR §24.301(f) specifies the amount of relocation compensation for an advertising sign as follows: Advertising signs. The amount of a payment for direct loss of an advertising sign, which is personal property shall be the lesser o 51 Mr. Marc J. Manderscheid March 19, 2009 Page 2 of 3 (1) The depreciated reproduction cost of the sign, as determined by the Agency, less the proceeds from its sate; or (2) The estimated cost of moving the sign, but with no allowance for storage. (Emphasis added.) It is the City's position that because this section is specific to advertising signs, it governs the Hoey sign in place at the time the City acquired the property. The City's interpretation is consistent with MNDOT's interpretation of the CFR and MNDOT's past practice in calculating compensation when the land acquired contained a billboard. The Hoey sign in place at the time of the acquisition of the property by the City was a "V"-shaped sign supported by multiple wooden posts. On January 8, 2007, the City obtained an estimate from, Scenic Sign Corporation of the cost of moving the then - existing sign. That estimate was $22,150.00 (See enclosed quote). Because 49 CFR §24.301(f) explicitly limits compensation to the lesser of (1) or (2) above, Hoey's compensation should not exceed the $22,150.00 estimated cost of moving the sign. In addition to the limitations on compensation imposed by the CFR, I have reviewed the details of Hoey's claim and believe that even if 49 CFR §24.301(f) was not so explicit, Hoey would not be entitled to the amounts clamed. Specifically, Scenic Sign 'Corporation found the existing Hoey billboard to be in good condition. (See attached quote from Scenic Sign Corporation) As part of its $22,150.00 quote, Scenic proposed to reuse the billboard structures, substituting metal 1-beams set in concrete for the existing wooden supports. Hoey appears to have junked the existing sign and replaced it with an entirely new sign on a metal monopole. Even if 49 CFR §24.301(f) did not apply, I can find no justification in the CFR for the payment of the replacement of personal property that is not rendered unusable by the acquisition. It appears that Hoey has chosen to upgrade its billboard from the old structure to a modern, monopole structure. While that may make economic sense for Hoey, the City is not required to bear the cost of such a betterment of personal property by reason of its acquisition of the underlying fee interest in the real estate it acquired. The City remains prepared to settle Hoey's relocation claim for the estimated cost of moving the sign, $22,150,00, as determined by Scenic Sign Corporation and as is consistent with the provisions of 49 CFR §24.301(f). Upon confirmation that this offer is acceptable, I will draft a settlement agreement for approval by the City Council and execution by the parties. Thank you. Mr. Marc J. I'vfanderscheid March 19, 2009 Page 3 of 3 Enclosure Cc: Larry Kruse Greg Thompson, MNDOT Sincerely, Michael C. Couri COURI, MACARTHUR & RUPPE, P.L.L.P. 53 f'ECE t YED MAR 2 6 Z�Q9 G R G C M t} R G A N March 25, 2009 Mr. Michael Couri Albertville City Attorney Couri, McArthur & Ruppe PLLP P.O. Box 369 St. Michael, MN 55376 2200 IDS Center 80 South 8th Street Minneapolis MN 55402-2157 tel 612,977.8400 fax 612.977,8650 612.977,8280 tnmanderscheid@briggs.com Re: Hoey Outdoor Advertising, Inc. Claim for Relocation Benefits Dear Mr. Couri: I am in receipt of your letter dated March 19, 2009, which was in turn responding to the February S, 2009 Claim for Relocation Benefits of Hoey Outdoor Advertising, Inc. I am very surprised by both the tone and the contents of your letter. First, there should be no question but that Hoey is a "displaced person" within the meaning of the Uniform Relocation Act. 49 CFR §24.2(a)(4)(iii) provides that a "business" means any lawful activity that is conducted "[p]rimarily for outdoor advertising display purposes, when the display must be moved as a result of the project." A "displaced person" is any person or entity which "moves from the real property or moves his or her personal property from the real property." 49 CFR §24,2(a)(9). 49 CFR §24.301(a) provides that any tenant who qualifies as a displaced person and who moves from a business "is entitled to payment of his or her actual moving and relaicd-expenses ....". Hoey fits each of the above definitions. Thus, it is simply extraordinary that the City continues to refuse to recognize Hoey's absolute entitlement to relocation assistance, services, payments and benefits. Your letter suggests that "the City had been willing to consider providing reasonable relocation compensation to Hoey in earlier negotiations...." I would note that this comment is worded in the past tense. You further state that the "City remains willing to provide reasonable compensation provided Hoey and the City can agree on the amount of such compensation." Such a threat to acknowledge statutorily required payments only if the recipient will waive its full claim is absolutely forbidden under the Relocation Regulations. 49 CFR §24.102(h) provides that an Agency should not take any coercive action in order to induce an agreement on the price to be paid for the property. 'Thus, the City's ongoing denial of its obligation_ to provide relocation assistance, services, payments, and benefits to Hoey is itself a violation of the Uniform Relocation Act. Hoey has submitted a fully documented claim for Briggs and Morgan, Professional Association Minneapolis I St. Paul I www.briogs.com Member - tex Mundi, a Global Association of independent Lava Firms BRIGGS AND MORGAN Mr. Michael Couri March 25, 2009 Page 2 relocation benefits based upon actual expenses incurred. It is simply unconscionable for the City to even suggest that Hoey is not a "displaced person" and that no payment at all will be made unless Hoey forfeits its statutory and regulatory rights. A knowing denial of Hoey's rights in this matter would appear to implicate 42 United States Code § 1983. The City is incorrect in making the assertions that it does based on 49 CFR §24.301(f). This section of the regulations defines the parameters for a relocation claim only when the displaced person is making a direct loss claim for an advertising sign. A "direct loss" claim is one made pursuant to 49 CFR §24.301(g)(14) which provides for an "Actual direct loss of tangible personal property" when the item is not relocated. In this instance, the advertising sign was relocated, as is clear from the documentation provided as a part of Hoey's claim. Section 301(f), the section cited by the City, is not applicable in this instance, since it specifically provides that it applies only when it is for "a payment for direct loss of an advertising sign...." As Hoey explained in its initial claim, Hoey is not making a direct loss claim for its advertising sign, but instead, it is making a claim for its eligible actual moving expenses pursuant to 49 CFR §301(g). Hoey has documented the reasonable expenses that it actually incurred in moving its billboard from one location on the property to a different location on the property Hoey is entitled to an explicit statement from the City of Albertville recognizing that Hoey was a "displaced person" as a result of the City's project. Hoey is entitled to reimbursement for the costs it actually incurred in moving its sign to the new location. Please reconsider your response of March 19, 2009, and advise me as to how the City of Albertville wishes to proceed in this MJM/kd cc: Schubert & Hoey Outdoor Advertising, Inc. Greg Thompson, Mn/DOT 2317384v1 55 June 3, 2009 Mr. Larry Kruse City of Albertville 5959 Main Avenue NE P.O. Box 9 Albertville, MN 55301 Re: Charter Communications, Inc. Restructuring Dear Mr. Kruse: As we informed you in February and April, 2009, Charter Communications, Inc. ("Charter"), the ultimate parent corporation of your franchisee, filed a pre -arranged financial restructuring under Chapter 11 of the Bankruptcy Code ("Reorganization"). This letter is to update you on Charter's process with respect to the restructuring. We are also asking that you adopt a resolution consenting to the Reorganization. On May 5, 2009, the Bankruptcy Court approved the Disclosure Statement filed in connection with the Company's proposed Joint Plan of Reorganization (the "Plan"). This approval authorized Charter to begin soliciting votes on the Plan, which it is currently underway. While in reorganization pursuant to Chapter 11, Charter and its subsidiaries have continued to provide services to their customers as usual. Charter obtained authority from the Bankruptcy Court to continue paying franchise fees and amounts due under its franchise agreements, to use its cash for normal business operations, to continue to honor all of its current customer programs and to pay all of its vendors in the normal course of business. As set forth in its proposed Plan, Charter will "assume," or agree to remain party to, all of its existing franchise agreements, including the agreement with your community, as of the Effective Date of the Plan. As part of this commitment, Charter has also requested that the Cure Bar Date, or time -limitation normally established by the Bankruptcy Court for filing and satisfaction of claims associated with assumed contracts, "shall not apply to any franchise or Executory Contract with a state or local franchise authority." We are pleased to have completed these significant steps in our Reorganization, which will significantly reduce debt and provide additional capital to Charter. The next major milestone in the Reorganization after the voting process will be a hearing, set for July 20, 2009, at which the judge will determine whether to confirm the Plan. 11720 Amber Park Dr., Suite 160 • Alpharetta, Georgia 30009 www.charter.com -M In April, 2009, we sent your community a Form 394 Application from Charter related to this financial reorganization. While it is not clear that your consent to the transaction is required by applicable bankruptcy law, we provided a draft consent resolution to help facilitate the consent process. We have included in this letter another copy of the draft resolution that was part of the Form 394 Application. In order to advance the process established by the bankruptcy court, we would ask that you adopt this resolution consenting to the Reorganization at your earliest convenience and return the executed resolution to me at: Charter Communications, Inc. 11720 Amber Park drive Suite 160 Alpharetta, GA 30009 Attn: Mr. Mark Brown Charter's operations are strong, and we continue to focus on enhancing our products and services. We are committed to emerging from this process as a stronger company. We look forward to serving our customers and our communities for many years to come. Thank you for your thoughtful consideration of our request. If you have any questions, please do not hesitate to contact me at 770-754-5269 or Tucker Carlson, Charter's Director of Government Relations, at 651-464-9707. Sincerely, AtA., 1;. &toov� Mark Brown Senior Director & Counsel Legal & Government Affairs Charter Communications, Inc Enclosures 11720 Amber Park Dr., Suite 160 • Alpharetta, Georgia 30009 www.charter.com 57 RESOLUTION NO. CONSENT TO CHARTER RESTRUCTURING WHEREAS, [Charter Entity] ("Franchisee"), an indirect, wholly -owned subsidiary of Charter Communications, Inc. ("Charter"), owns a cable television system (the "System") in the [LFA Type] of [LFA Name], [State] (the "Franchise Authority"); and WHEREAS, on March 27, 2009, Charter and certain of its subsidiaries filed voluntary petitions in the United States Bankruptcy Court for the Southern District of New York ("Bankruptcy Court") seeking relief under the provisions of Chapter 11 of Title 11 of the United States Code in order to effectuate a financial restructuring (Case No. 09-11435). WHEREAS, pursuant to the terms of agreements entered into between Charter and its key bondholders, Charter's current Class A Common Stock and Class B Common Stock will be cancelled and replaced with new voting stock owned by Paul G. Allen and such bondholders, as described in filings with the Bankruptcy Court (the "Transaction"), copies of which have been provided to the Franchise Authority. WHEREAS, the Franchise Authority has concluded that its approval is necessary for the above described Transaction and has been provided a FCC Form 394 and related information for such Transaction; and WHEREAS, the Franchise Authority has considered and approves of the Transaction described above. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Transaction described herein. 3. This Resolution shall be deemed effective upon adoption. 4. This Resolution shall have the force of a continuing agreement and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee. PASSED, ADOPTED AND APPROVED this day of , 2009. 58-A Name: Title: ATTEST: 59 From: David Nelson [mailto:dnelson@srfconsulting.com] Sent: Tuesday, June 09, 2009 3:00 PM To: Larry Kruse Cc: Adam Nafstad; Wayne Fingalson; Matt Hansen; Terry Humbert Subject: I94 WB CD Road Final Design - Project Update Larry: This is a quick note to let you know what's coming up on the CD road project. Surveys and Data Collection: Survey work is substantially completed. Utility coordination continues. Geotechnical Investigation: The field work for the subsurface investigation is complete. AET is preparing the wall foundation reports and subgrade recommendations. They have given us soil boring information and our wall design activities have begun. Roadway Design: We have completed most of the base design elements, such as alignments and profiles, typical sections, and cross sections (top surface). This information will be included in the 50% plan submittal next week. Drainage Design: Bolton & Menk has completed many basic drainage design activities. They believe they have a feasible location for the stormwater pond that is located east of the original location. The next step will be to call a pre-TEP meeting to discuss the impacts of the proposed pond location. Construction Staging and Traffic Control: We will include a schematic staging plan in the 50% submittal. We will want your feedback on the staging to make sure it is acceptable to the stakeholders. We are still looking to submit a 50% plan set on June 15. This will include alignments, profiles, typical sections, geometrics, existing utility locations, and a preliminary staging plan. We are maintaining the original schedule and things are going well. I would like to schedule the next PMT meeting for the end of June sometime to get everyone together and discuss comments that the PMT may have on the 50% plan set. Please look ahead a couple of weeks and let me know what days would work for you for either the week of the 22nd or the week of the 29th. Thanks Larry - talk to you soon. David Nelson, P.E. (MN, WI) Senior Associate SRF Consulting Group, Inc. Phone: (763) 475-0010 Ext. 6715 Fax: (763) 475-2429 Entail: dnelson@srfconsulting.com Web: http://www.srfconsulting.com/ M:\Public Data\City Council\Council Packet information\2009\06-15-09\06 15 2009 I-94 CD road Update.doc p �% I Agenda Item No. O..�' \a. J v Meeting Date June 15, 2009 ■N