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2009-07-06 CC Packet,'�•��, City of Albertville Council Agenda r wrq. ft ana ur.. JULY 6, 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 June 15, 2009 regular City Council minutes (pgs. 1-12) B. Approve June 22, 2009 special City Council minutes (pgs. 13-14) 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.E.1. Finance — Water Disconnection Policy (pgs.15-18) 8.E.2. Finance — Authorizing & Documenting Inter -fund Loan to Fund Negative Fund balances; and, Authorizing & Documenting Inter - fund Loan/Advances from Sewer Access Fund (pgs.19-22) 8.E.3. Finance — Transfer Funds (pgs. 23-25) 0 8.E.4. Finance — Reimburse Certain Expenditures -Bond Proceeds (pgs. 27-30) 8.E.5. Finance — Accept Albertville Lions Donation (pg. 31) 8.E.6. Finance — Semi-monthly Payment of Claims (bills) (pgs. 33-41) City of Albertville Council Agenda July 6, 2009 Page 2 of 4 8.F.1. City Clerk — St. Albert Church request to block street (pgs. 53-54) 8. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department C. Utilities Department (WWTP) D. Building Department E. Finance Department 1). 0 Approve and. Implement the Water Disconnection Policy (pgs. 15-18) 2). 0 Approve Resolution No. 2009-023 entitled a Resolution Authorizing and Documenting Inter -Fund Loan to Fund Negative Fund balances; and, approve Resolution No. 2009-024 entitled a Resolution authorizing and documenting inter -fund loan/advances from Sewer Access Fund (pgs.19-22) 3). 0 Approve Resolution No. 2009-025 entitled a Resolution to Transfer Funds (pgs. 23-25) 4). 0 Adopt Resolution No. 2009-026 entitled a Resolution Declaring the Official Intent of the City of Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City (pgs. 27-30) 5). 0 Accept a $2,000.00 Donation from the Albertville Lions; disperse a $2,000.00 payment to the Albertville Friendly City Days Committee (pg. 31) 6). 0 Authorize the Monday, July 6, 2009 Payment of Claims (bills) for check numbers 0271.89 to 027247 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 33-41) 7). Accept the Final Audit, sign the DOR51 forms and Pay the Sales Tax amount due no later than September 8, 2009; and, Work with the water customers whom owe sales tax as per the findings in the Sales Tax Audit to collect payment of taxes owed (pgs. 43-44) 8). Refund six water accounts that were overcharged Joint Powers Water District due to duplicate metered services attached to them in the amount of $135,287.06 and net the refunds with the normal monthly utility billing reconciliations to Joint Powers; and, refund one water account that was overcharged Albertville Water District due to duplicate metered services attached to it in the amount of $5,941.84 (pgs. 45-46) 9). Accept the Finance Director's Financial Report dated June 30, 2009 (pgs. 47-49) 10). Set dates for 2009 Budget Workshop(s) (discussion item) (pg. 51) F. City Clerk 1). 0 Accepting the St. Albert Catholic Church request to semi -block off Lander Avenue NE; the portion that runs between the St. Albert Catholic Church and St. Albert Parish Center for the annual Parish Festival celebration that will be held on Saturday, July 18 from 5:00 p.m. to 10:00 p.m. and Sunday, July 19 from 6:00 MAPublic Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 1-A Agenda.doc Meeting Date: July 6, 2009 City of Albertville Council Agenda July 6, 2009 Page 3 of 4 a.m. to 7:00 p.m. The St. Albert Catholic Church stated they would notify the Albertville Fire Department and the Wright County Sheriff's Department that the portion of the street will be semi -blocked should there be an emergency (pgs. 53- 54) G. City Council 1). Oral Update on the Joint Powers Water Board meeting 2). City Engineer Designation H. Planning and Zoning I. Engineering 1). Accept the City Engineer's Project Status Report dated July 1, 2009 (pgs. 55-57) J. Legal 1). Approve Agreement Regarding City of Albertville Master Planned Unit Development Agreement Towne Lakes (pgs. 59-62) K. Administration 1). Farmers Market in Central Park Shelter (discussion item) 2). Authorization to Acquire Tax Forfeit Land for Public Use (discussion item) 9: CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS July 2009 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 11 7:00 p.m. Planning and Zoning Commission meeting 17 7:00 p.m. City Council meeting 24 6:00 p.m. Joint Powers Water Board meeting 31 7:00 p.m. Committee of the Whole Workshop (tentative) September 2009 7 all day Labor Day observed — City Offices closed 8 7:00 p.m. r � s City Council meeting s , , � �w 9 7:00 p.m. Planning and Zoning Commission meeting M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 1-A Agenda.doc Meeting Date: July 6, 2009 City of Albertville Council Agenda July 6, 2009 Page 4 of 4 14 6:00 p.m. 21 7:00 p.m. 28 6:00 p.m. 28 7:00 p.m. 11. ADJOURNMENT STMA Ice Arena Board meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 1-A Agenda.doc Meeting Date: July 6, 2009 °- " A,lbertville Mayor and Council Communication June 29, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to approve the Monday, June 15, 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; and, Motion to approve the Monday, June 22, 2009 special 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 15, 2009 regular Council minutes and June 22, 2009 special Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 City Council minutes RCA.doc Agenda Item No. 6. Meeting Date July 6, 2009 .A\1bcrtvi11c sama Toum ►M.o. 09 aty mL ALBERTVILLE CITY COUNCIL JUNE 15, 2009 MINUTES ALBERTVILLE CITY HALL Mayor Klecker called the regular Albertville City the Pledge of Allegiance was said. ROLL CALL PRESENT: Mayor Ron Klecker, Council rhi Dan Wagner, City Attorney Mike Couri, City Brixius, City AdministratQlatr Kruse, and ABSENT: none TI ER to order at 7:00 PM which 1rry=,Sorensen, John Vetsch, and tfstad, City Planner Alan Miller — no comments Mayor Klecker b'`ught to the ouncil's attention that a resident had a couple of items to discuss with the Council ,<�:>. Lynda Hughes residingt 11473 — 58to Street NE discussed the noise that came from the Full Moon Saloon Bar & Grill on Thursday, Friday, and Saturday. Ms. Hughes contacted the Wright County Sheriff's Dept. regarding the level of noise. The Sheriff on duty visited the establishment and talked to the manager on duty regarding the noise complaint. Ms. Hughes shared that this was not the first time the music was loud. Ms. Hughes was informed by the owner that customers are holding the door(s) open. Yet, when she visited the establishment in late May, she noticed that the door(s) was propped open with a board and not by a customer. Ms. Hughes wanted to know if the City can or would do anything more about the noise. Ms. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. b. Meeting Date July 6, 2009 3 City of Albertville City Council Minutes June 15, 2009 Page 2of10 Hughes was aware that the Council recently passed an Ordinance regarding noise coming from establishments and would like the City to enforce the ordinance. Ms. Hughes second concern was Friendly City Days. In previous years, Ms. Hughes would enjoy or put up with the Friendly City Days activities; however, over the last 3-4 years there has been more and more activities scheduled that does not allow her easy access to and from her home. On Friday morning her husband could not get to work because there was a car parked at the end of the driveway. She was able to leave her home on Saturday rogling only to come home to the street being roped off for a bed race. Two years ago there was''a Western type of event held on Main Avenue, in which shots were being directed 1pw€_ds her home. Ms. Hughes was not informed as to what events or activities were going to take p% throughout Friendly City Days. City Administrator Kruse did contact the Wright County Sheri the noise complaints against Full Moon Saloon BaX c: Grill. C: City could administer a fine to the establishment for the liquor Couri recommended inviting the licensee to the next Council and set the fine then. Having the licensee present would give; themselves. If the Council wished, they"" puld administer a the liquor license. Sorensen brought up the fact that Full Moon Salo Wednesday, July 1, 2009. Vetsch commented" is Monday, July 6, which06`11 be after the liqu the meeting on Monday, Tune 29 7:00 p.m. W meeting for Monday;' bqi-622 at 7't,U p.m. It was June 22, 2009 at 7:00 p a a Spiral ,Albertvill discussing the Fuli Moon Saiooar &'ritll notifrcationt© ull4&6wSalo6&Aar & Griller 7� s Dept. to 6 a summary of Attorney Couritad=that the rise -noise violator. However, irg to discuss the complaint 'her the opportunity to defend fine or consider suspending 's liquor license expires on the nex'reguarly schedule Council meeting license expires. Sorensen suggested holding ner then recommended setting a Special ie;, consensus of the Council to set Monday, City Council meeting for the purpose of ,e complaints. Council directed staff to send the Special meeting. Couiaci +erected staff to ctct theidly City Days Committee to bring it to their attention the probletri o concerns that nda Hughes has been experiencing over the past 3-4 years with the Friendly Days event E AMENDMENTS T AGENDA There were no amendments to the agenda; therefore, the following motion was made: MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Monday, June 15, 2009 regular City Council agenda as presented. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doe Agenda Item No, 6. Meeting Date July 6, 2009 21 City of Albertville City Council Minutes June 15, 2009 Page 3 of 10 MINUTES Monday, June 1, 2009 regular City Council minutes MOTION BY Council member Sorensen, seconded by Council member Wagner to approve the Monday, June 1, 2009 regular City Council minutes as presented, which will be printed and signed; after signing the minutes will be scanned and the electronic scarified version will be kept on file in the office of the City Clerk that will serve as the official copy. Motion carried unanimously. CONSENT AGENDA CONSENT AGENDA All items with an asterisk (0) are considered to be routs m nAMb - by the City staff and will be enacted by one motion. There will be no separate discussio cif` these' items unless a Council member, staff, or citizen so requests. In such event, the iteaw111 be removed from the Consent Agenda; a separate discussion will take place wring the General Order of Business and considered in its normal sequence on the a# dA that will require *s ate motion. Mayor Klecker inquired if there were any iteri%s to be pulled from the Consent Agenda for further discussion; upon hearing na comments the folloy ing motion tp�'accept the Consent Agenda was made: MOTION BY Council %6-64 ber Fay, seconded by Cpu cil member Vetsch to approve the Monday, June 15, 2009 Cosnt geda that, included the following items: Adept the R iW. .Ig Offib bl's Report dated June 9, 2009; and mw �1*4uthorize the M€�tit3 y, June141 ,009 Payment of Claims (bills) for check numbers 021&-, to 027185 as Anted et the bills specifically pulled, which are passed by separatnotion; and Approve Resolution lea. 2009-022 entitled a Resolution Accepting Low Bid for 2009 Sealcoat and rt„ 0 Accept the t ey's Report dated June 10, 2009 No items were pulled that required a separate discussion and motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT — no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. 6. Meeting Date July 6, 2009 City of Albertville City Council Minutes June 15, 2009 Page 4 of 10 PUBLIC WORKS DEPARTMENT — no comments UTILITIES DEPARTMENT (WWTP) — no comments BUILDING DEPARTMENT Accept the Building Official's Report dated June 9, 2009 MOTION BY Council member Fay, seconded by C Building Official's Report dated June 9, 2009. Moti FINANCE DEPARTMENT &Authorize the Monday, June 15, 2009 .payment of Claims* 027185 as presented except the bills speczfictxliy pulled, which MOTION BY Council member Fay, seconded by Monday, June 15, 2009 Payment of Claims (bills)_> presented except the bills carried unanimously._,.,,,,---,,, . CITY Oral Update pulled, whzh are pas Vets h to accept the check numbers 027130 to -ed by separate motion nber'Vetsch to the authorize the "ers 0271.30 to 027185 as by separate motion. Motion Board meeting (if applicable) Council member Wr e an overview of the STMA Ice Arena Board meeting that was held on Monday, June 8, 2 Wagner displayed the Innovative Structure, which is an alternative building structure (fabric covering) that is being considered for the expansion of the STMA Ice Arena. There was discussion during the Arena meeting about raising the fees at the arena. It is still unknown as to where the funds for the expansion are going to come from. It will basically be up to the two cities to finance the project. It is the STMA Board's impression that the STMA School District will, most likely, not be financially supporting the expansion. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. 5. Meeting Date July 6, 2009 2 City of Albertville City Council Minutes June 15, 2009 Page 5 of 10 Oral Update on the Planning and Zoning Commission meeting (if applicable) Council member Wagner reported that the Planning and Zoning Commission meeting was cancelled; therefore, there is nothing to report at this time. PLANNING AND ZONING STMA Hockey Arena Expansion — Innovative Structures (discus City Planner Brixius displayed the information on Innovative was forwarded to him, which the STMA Hockey Board 1s cc the ice arena. According to the 2005 Albertville Municipal C standards that require a certain amount of brick and ace on sl Albertville city limits. The proposed structure does ri"eet As stated in Appendix A: Zoning Ordinance; Chapter Requirements, Section 1000.1: Purpose:`` development performance standards. Thes compatibility of uses; to prevent urban bli; safety and general welfare of the residents purpose of hdards are Accessory Buildings, Uses and Equipment: Sib: The same or similar tT building ma in the principal building; All accessory buildings building on the lot P"00"hipatible" mans that the not different from the primal butdn from an cause: a. A difference to a and Code, there structures that the expansion of the Building and Performance is to establish general l 4esigned to assure and to enhance the health, L Section 1000.4: on I "Bonding Type and Standards: Part 1. 1 shall he'used in the accessory building and 11 also be compatible with the principal rior appearance of the accessory building is hetic and architectural standpoint as to ty as determined by the city council. In Chapter 1100: Gen Yard, Ierea and Building Regulations; Section 1100.1: Purpose: This chr identifies yala� t area, °building size, building type and height requirements in each dlri zoning dstrt Section 110� ; Bu1lg Type and Construction: A. Exterior Materials: No galvanized c?finished steezalvalum or unfinished aluminum buildings (walls or roofs), except those s ' afi cg all site fed to have a corrosive designed finish such as corten steel shall be permitted in anY g strict, except in association with farming operations or as allowed by section 1000.4 o't'nrinance; and, B. Architecture and Aesthetics: Buildings in all zoning districts shall maintains high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety, and general welfare; and, C. Exterior Finishes: Exterior building finishes shall consist of materials comparable in grade and quality to the following: 1. Brick. 2. Natural stone. 3. Decorative concrete block. 4. Cast in place concrete or precast concrete panels. 5. Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood or cypress. 6. Curtain wall panels of steel, fiberglass and aluminum (nonstructural, non -load bearing), M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doe Agenda Item No. 6. Meeting Date July 6, 2009 7 City of Albertville City Council Minutes June 15, 2009 Page 6 of 10 provided such panels are factory fabricated and finished with a durable non -fade surface, and their fasteners are of a corrosion resistant design. 7. Glass curtain wall panels. 8. Stucco. 9. Vinyl. 10. Other materials determined to be acceptable by the city council; and, D. Wall Area Calculation: For purposes of calculating exterior building material requirements, the total wall area of structures shall be calculated by taking the total solid surface area. The solid surface area shall encompass all exterior surfaces including any portion of overhead garage doors with windows but excluding all other windows and doors; and, E. Business Districts: Building type and construction requirements within business districts shall be governed by the applicable provisions of the respective zoning district in which a use is located `.rich, F.,.-Industrial Districts: In industrial districts, all buildings constructed of curtain wall pa gr finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stolne ari' tectural concrete cast in place or precast concrete panels on all wall surfaces. Except fo "walls i t ftlace a public right of way, the required wall surface treatment may allow a maxaum'of sevenfhi,,fiue percent (75%) of the metal or fiberglass wall to remain exposed if it is,cnrdinated into the archt,etural design. For building walls which face public rights of way or 4but residential uses, the r6i�14x�d wall surface treatment may allow a maximum of fifty pereet `(�50%) ,o the metal or fiberglass wall to remain exposed if it is coordinated into the architectural di e,19, In summary, the council needs to decide'whether they want to amend the Albertville City Code to allow this type of structure or not. What is mown is how cable the material used for the structure is —how will the sun affect the maertaTipw does it hold up'to various weather conditions. Another consideration to take into; account t the cost of the structure and wondering how long the building last will It was discussed as to whether , not a public facility should be held to the same standardszs a ` riyate or commercial. It is the general cons h tts of the C� b ncil that the City must be held to the same standard or higher than other commerce dev lopes Wpt. Knowin that redevelopment will be forthcoming, the proposed areu� expansion h ilc ca 110, t9#� City's code. No form'' action was I; at thisytte as the Innovative Building Solutions was for discussion ENGINEERING Approve Resolut"i `Nb. 2009-022 entitled a Resolution Accepting Low Bid for 2009 Sealcoat Project �`` MOTION BY Council member Fay, seconded by Council member Vetsch to approve Resolution No. 2009-022 entitled a Resolution Accepting Low Bid for 2009 Sealcoat Project. LEGAL M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. 6. Meeting Date July 6, 2009 City of Albertville City Council Minutes June 15, 2009 Page 7of10 Accept the City Attorney's Report dated June 10, 2009 MOTION BY Council member Fay, seconded by Council member Vetsch to accept the City Attorney's Report dated June 10, 2009 as presented. Motion carried unanimously. Recommendation to offer $24,143.50 to Hoey Advertising for Relocation Costs of the Billboard sign In 2007, the City of Albertville purchased property from C planning for an interchange at CSAH 19 and Interstate 94. Advertising located on that property, which had a lease on September 2008. The City obtained an estimate from Sc Scenic Sign Corp. indicated that the sign was in good shape ani $22,150.00. At the time, the City planned for a three;party agr( $22,150.00 to Hoey Advertising to move the billboard s addrtl That agreement fell through when Hoey Advertising acid ecl location for the billboard and Hoey was never paid. When city staff initially researched the issue,_# terminating Hoey's lease, but rather letting to relocation assistance and damages. Howeyf MNDOT, city staff now concluded that under' Hoey does qualify for relccatl on benefits even lease rights. concluded in connection with llboard owned by Hoey nechtl property that expired in ;n Corp. tdi, 6-ocate the sign. could be relo��te,d for ment that would royade nab property ownedl 'y Knechtl. 1 could not agree on the new City was not according to its %girls, Hoey was not entitled conferring wili representatives from plicable Weral Uniform Relocation Act, City does�nothing to impair Hoey's existing Hoey does qualify as a disc, d pjt'son under the Federal Uniform Relocation Act. 42 USC 4601(6) states tl a displacedxson is` pin who moves personal property from real property duo to "CgUisi' ion of th"t eal property'as part of a federally funded project. Hoey has now submitted# . olairn th gh its attorney Marc Manderscheid, for payment of t relocatbit expenses. The c'lttn is f6rM,438.02, which Hoey seeks as reimbursement for tearing down thA, sign, scrappm 'tt and erecting a new monopole sign with new sign faces. According fo., 2005 Albertle Municipal City Code, the City's ordinances do not require that the new billboarr� signs be erect ed on a monopole sign. Under the Federal Urf='Relocation Act, the City must now make a determination of relocation benefits HoW`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 WPublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. 6. Meeting Date July 6, 2009 City of Albertville City Council Minutes June 15, 2009 Page 8of10 the hearing officer made a determination as to the amount to be paid, either party 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 ( and can be used as a basis for payment. The cost found by the estimate was $22,150.00 16weVer, the estimate was given in January 2006 and the sign was not moved until October 26,6$. Therefore, it should be adjusted for inflation. According to the consumer price index, tllb adjustment from January 2006 to October 2008 is approximately 9%. Therefore, the total amount suggested by the estimate and inflation is $24,143.50. Therefore, based on the analysis, staff recc relocation costs. This amount is sufficient 143.50 to Ho ins in the fed for ................ MOTION BY Council member Wagner, seconded by Council;member Sorensen to find that Hoey Advertising does qualify as a displa cd person under t ederal Uniform Relocation Act for the relocation of its billboard that was on sty purchased proey and to authorize payment of $24,143.50 in relocation compensation based up4 Scenic Sign Cirpany's estimate to move the Hoey billboard of $22,150 and the remaining anounieing an adjustment to this estimate for the increase in the consumer price index from the t-m the 6stim to was obtained in January, 2006. Motion carried Charter Communications, Re r u turfing Upd4o (for your information) Charter Caminumcata In sere written notification to the City regarding the restructuring of the bu 6ass. Charter Cdil unica d ,Ir>r. has filed a pre -arranged financial restructuring docun` under Chapter rt the Baril t' iptcy Code ("Reorganization"). Charter and its subsidiariiE we continued 1 provide`'"services to their customers as usual. Charter obtained authority fro3 h Bankruptc�`ourt to continue paying franchise fees and amounts due under its Franchise Agree�ts, to use's cash for normal business operations, to continue to honor all of �:: its current customer gr4W and to pay all of it vendors in the normal course of business. According to the notiy harter is asking the Albertville City Council to adopt a Resolution Consenting to the Reorganization. Staff would like to obtain additional information as to how this would affect the Albertville Franchise Agreement. MOTION BY Council member Sorensen, seconded by Council member Wagner to table Resolution entitled Consent to Charter Restructuring that was submitted by Charter Communications, Inc. to allow City Attorney Couri time to obtain additional information and M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. 6. Meeting Date July 6, 2009 10 City of Albertville City Council Minutes June 15, 2009 Page 9 of 10 details as to what is expected of the City of Albertville regarding the proposed filing of bankruptcy and the Cable Franchise Agreement. Motion carried unanimously. ADMINISTRATION I-94 Westbound Collector -Distributor Road Final Design - information) There was no discussion on the I-94 Westbound Co Accessory Building/Conditional Use Billing (c In April 2009, a resident of Albertville s Accessory Building, which required a C Council's attention that the resident was for consultant fees for a variance. It was brought up that the should not be charged for accessory building did nQ; they needed to movethe M. Mayor Klecker which they added a Noise Ordinance V Application for a Detached [P). It was brought to the >cc, `which they were billed variance; therefore, the applicant felt they Dwever, staff acknowledged that the setbacks. The applicant was aware that the application. request to remove the consultant's fees for MEETINGS ouncil to review the upcoming meetings and calendar of events, in meeting to be held on Monday, June 22 at 7:00 p.m. regarding the against Full Moon Saloon Bar & Grill. June 2009 22 6:00 p.m. Joint Powers Water Board meeting 29 7:00 p.m. Committee of the Whole Workshop (tentative) July 2009 2 all day Independence Day, observed — City Offices closed 6 7:00 p.m. City Council meeting M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. 6. Meeting Date July 6, 2009 11 City of Albertville City Council Minutes June 15, 2009 Page 10 of 10 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. 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. ADJOURNMENT MOTION BY Council Mol City Council meeting STMA Ice Arena Board me Planning and Zoning Comn City Council meeting Joint Powers Water Boar Committee of the Whole W Labor Day observed - City Council- meeting i Planning and Zoning 4 STMA Ice Arena Boai City Council. meeting;. Joint Pow ers;WaterB M meeting} Council member Sorensen to adjourn the at 9:20 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-15-09 B-drafts.doc Agenda Item No. 6. Meeting Date July 6, 2009 12 A�Ib&ncarti �rw ftty tits. ALBERTVILLE CITY COUNCIL SPECIAL MEETING JUNE 22, 2009 MINUTES ALBERTVILLE CITY HALL ROLL CALL 7:00 PM PRESENT: Mayor Ron Klecker, Council members Tom Fay, John Vetsch, Dan Wagner, and Larry Sorensen, City Administrator Larry Kruse ABSENT: none OTHERS PRESENT: John and Kelly Mabusth, Full Moon Saloon and Sgt. Butch Darsow, Wright County Sheriff's Office. CALL TO ORDER Mayor Klecker called the special meeting to order to discuss alleged noise ordinance violations related to the door being propped open when live music was playing at the Full Moon causing a nuisance to the neighborhood. Full Moon Saloon owner John and Kelly Mabusth were present for the meeting. Mr. and Mrs. Mabusth stated they have tried really hard to keep the bars doors closed and have directed the band to keep the music volume down to a reasonable level. Mabusth stated that he does not hire bands back if they don't comply with his request to keep the music volume reasonable. The Council reviewed an e-mail from the Wright County Sheriff's Department outlining that they responded to a complaint and that they found the door propped open with a 2" x 4" board. The Sheriff's Department issued a verbal warning to not prop the door open. The e-mail noted that customers frequently come and go resulting in the door being open a lot when it is busy even if the door is not propped open. City Administrator Kruse stated that the City had received a number of verbal complaints about loud music coming from the Full Moon. City Administrator Kruse visited with City Attorney Mike Couri and identified several options for the Council to consider as follows: 1) Issue a fine (possibly following the fine schedule for compliance checks -serving minors - $500 first offense, $1,000 second offence, $2,000 third offence and loss of license) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts M 06-22-09 L-draft.doc 13 City of Albertville City Council Minutes June 22, 2009 Page 2 of 2 2) Issue a warning 3) Amend the ordinance to require establishments hosting live music and DJ's to have a double door or entry to contain the music or noise. 4) Establish an Ordinance limiting the hours bands can play with a single door (no entry). 5) Any combination of the above or do nothing. The City Council stated they appreciated the Full Moon business in Albertville. The Council values all businesses; however felt very strongly that the City did not want establishments like the Full Moon negatively impacting the neighborhoods where they reside. The Council by consensus decided to issue a strong warning to Mr. and Mrs. Mabusth stating that if the City finds the Full Moon doors being propped open and/or loud music emanating from the business, the Council will pursue one of the above options. Further, they directed the Sheriff's Department to issue an Ordinance Violation if they respond to complaints and find the Full Moon in violation of the Ordinance. ADJOURNMENT MOTION BY Council member Wagner, seconded by Council member Sorensen to adjourn the June 22, 2009 meeting at 7:50 p.m. Motion carried unanimously. Larry Kruse, City Administrator (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 06-22-09 L-draft.doc 14 Albertville Mayor and Council Communication June 29, 2009 SUBJECT: FINANCE DEPARTMENT —WATER DISCONNECTION POLICY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve and implement the Water Disconnection Policy as on file in the Office of the City Clerk. BACKGROUND: The City of Albertville currently does not have a written policy regarding water disconnection for non-payment. It is recommendation develop a written policy which is approved by City Council. KEY ISSUES: • Identify Disconnection policies and procedures • Identify Appeal Process for Disconnection POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve policies and programs to be in accordance with regulation of local government. FINANCIAL CONSIDERATIONS: There is no new financial impact, at this time. This written policy is what the City of Albertville has been following and implemented five (5) years ago. Since the City of Albertville implemented this practice there has been a significant drop in large outstanding water bills and assessments for non-payment. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve policies and programs to be in legal compliance of the federal and state laws. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Water Disconnection Policy M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance water disconnect policy RCA.doc Agenda Item No. 0.E. I.. Meeting Date July 6, 2009 City of Albertville Utility Disconnect Policy The purpose of this policy is to establish the guidelines for disconnection of utilities (water/sewer) services for non-payment of utility bills. 1. The City may discontinue service to any water consumer for non-payment of charges upon due notice. 2. The City shall send ;mailed notice for a discontinuance of water service to a delinquent customer when an account is one billing cycle delinquent or failure to follow an agreed upon payment plan. The notice provides the customer with the reason for disconnection; date payment is due to avoid disconnection of service; and, the date of disconnection. The notice to the tenant and/or owner will be mailed (first class) at least two weeks prior to the disconnection date. 3. The City shall supplement the mailed notice with a door hanger posted the day prior to shut-off, 4. When water is disconnected, there shall be a disconnection and a reconnection fee charged to the account. The amount the disconnection charge and reconnection charge is set annually by the City Council. Water shall not be restored to the premises, which has been disconnected, until payment of all delinquent water and sewer bill (including the disconnect/reconnect fees) are made in full, or a satisfactory arrangement for payment has been made. 5. The City may work with individuals for satisfactory payment arrangements on a case -by -case basis. Options for payment are, but not limited to: A. Payment in full by cash, check, direct pay, or credit card. B. Monthly payments by cash, credit card, check, or direct pay. C. Require a minimum of the average of two (2) billing cycles as a deposit to keep services active. The city must pay interest on deposits in accordance to Minn. Stat. 325E.02. D. Certify to property taxes. All payment arrangements must be documented in writing. If pre -agreed payment arrangements are not made, a door hanger shall be posted and the account shall be shut-off. Following the breach of payment, the account including disconnection and reconnection fee must be paid in full prior to reactivating the account. 17 6. The City will not shut water off on the last business day of the week and the day prior to a holiday. 7. The city will not disconnect water service if there is a bankruptcy filed for bills outstanding from the filing date of the bankruptcy (includes all charges prior to the date of filing, as they become part of the bankruptcy proceedings). The account shall be closed out and a new account created. The city may disconnect water service if there is a bankruptcy filed for delinquent bills after the filing date of the bankruptcy. If the City did not receive notice from the courts of such bankruptcy, it is the responsibility of the filer to provide proof of bankruptcy proceedings to the City. 8. If a premises has been disconnected the city utility department gives the city building official notice of the property to verify occupancy issues are not being violated. Appeal Process Step 1. Customers must first exhaust working with the Finance and Utility Department staff and if arrangements are not satisfactory to the customer, they will be referred to the City Administrator. Step 2. Customers may submit a written appeal to the City Council. Note: During the appeal process the City will not shot off service while the appeal is pending. The City must follow all requirements by the law, state, for notice of disconnection, i.e., apartments (special notice in common areas). W, bertvi ll A,1e Mayor and Council Communication smd *T_ wk.o. ft tiw ur.. June 29, 2009 SUBJECT: 0 FINANCE — RESOLUTIONS AUTHORIZING AND DOCUMENTING INTER -FUND LOANS/ADVANCES FROM THE SEWER ACCESS FUND RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following four resolutions: Motion to approve Resolution No. 2009-023 entitled a Resolution Authorizing and Documenting Inter -Fund Loan to Fund Negative Fund balances. Inter -Fund Loan from Sewer Access Fund (204) to 2003A GO Imp Bond Fund (357) in the amount of $958,116 to fund the negative balance in the debt service fund. Inter -Fund Loan from Sewer Access Fund (204) to Prairie Run Capital Project Fund (473) in the amount of $691,373 to fund the negative balance in the capital project fund. Inter -Fund Loan from Sewer Access Fund (204) to Industrial Park Capital Project Fund in the amount of $14,251 to fund the negative balance in the capital project fund. Inter -Fund Loan from Sewer Access Fund (204) to CSAH 19 & 50' St., South 19 (494) Capital Project Fund in the amount of $32,231 to fund the negative balance in the capital project fund. Inter -Fund Loan from Sewer Access Fund (204) to Phil Morris Lift Station Capital Project Fund (501) in the amount of $129,210 to fund the negative balance in the capital project fund. Inter -Fund Loan from Sewer Access Fund (204) to MacIver Capital Project Fund (502) in the amount of $272,999 to fund the negative balance in the capital project fund. Inter -Fund Loan from Sewer Access Fund (204) to CSAH 37 Utilities Capital Project Fund (503) in the amount of $33,068 to fund the negative balance in the capital project fund. Inter -Fund Loan from Sewer Access Fund (204) to Franklin Sewer Extension Capital Project Fund (504) in the amount of $1,185 to fund the negative balance in the capital project fund. Motion to approve Resolution No. 2009-024 entitled a Resolution authorizing and documenting inter -fund loan/advances from Sewer Access Fund (204) at an interest rate of 3.0%. BACKGROUND: Throughout the year, the City Council approves projects with plans to issue bonds or some other type of financing at a later time. Inter -fund loans provide interim financing until the other financing is completed. In some cases inter -fund loans are the primary source to finance projects that have a very short financing term. An example of this is carrying M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance Loan RCA.doc Agenda Item No. 8.E.2. Meeting Date July 6, 2009 Mayor and Council Communication — June 29, 2009 Finance Director — Resolution No. 2009-023 & Resolution No. 2009-024 Page 2 of 2 assessments for a project for a few years where it is not cost effective to issue new debt. At least annually, City Staff and auditors review and recommend inter -fund loans/advances to fund running negative balances so as to remain in compliance with Generally Accepted Accounting Principles (GAAP). POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all inter -fund loans/advances. FINANCIAL CONSIDERATIONS: At least annually, the City of Albertville must fund all negative running balances for Capital Projects, Debt Service or other miscellaneous funds in accordance with General Accounting Principals (GAAP). The inter -fund loan or advance is a loan from Sewer Access Charge Fund (SAC) to the respective negative balance funds at an interest rate of equal to the rate of investment earned by the City's investments. Included in the loan is a financial commitment detailing the source of funds to repay the loan. These inter -fund loans are an inexpensive way to fund some City activities instead of issuing bonds. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, Larry R. se City Admi istrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2009-023, Resolution No. 2009-024 M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance Loan RCA.doc Agenda Item No. 8. E.2. Meeting Date July 6, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-023 A RESOLUTION AUTHORIZING AND DOCUMENTING INTER -FUND LOAN TO FUND NEGATIVE FUND BALANCES WHEREAS, the Albertville City Council has reviewed its annual audit; and WHEREAS, an interfund loan is hereby established in the amount of $2,132,433.00 with funds to be allocated in to the following: Fund 357 2003A GO Imp Bond $958,116.00 Fund 473 Prairie Run $691,373.00 Fund 492 Industrial Park $14,251.00 Fund 494 9A H 19 & 50th St. (South $32,231.00 Fund 501 Phil Morris Lift Station $129,210.00 Fund 502 Maclver $272,999.00 Fund 503 CSAH 37 Utilities $33,068.00 Fund 504 Franklin Sewer Extension $1,185.00 NOW THEREFORE, BE IT RESLOLVED by the Albertville City Council to approve an inter -fund loan from Fund 204 of $2,132,433.00 effective December 31, 2008 at an interest rate of 3.0%. Adopted by the Albertville City Council this 6th day of July 2009 Ron Klecker, Mayor Bridget Miller City Clerk 21 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-024 A RESOLUTION AUTHORIZING AND DOCUMENTING INTER -FUND LOAN/ADVANCES FROM SEWER ACCESS FUND (204) WHEREAS, the Albertville City Council has reviewed its policy for funds running negative balances; and WHEREAS, an interfund loan is hereby established to approve interfund loan advances at all times throughout the year from fund 204 at an interest rate of 3.0% NOW THEREFORE, BE IT RESLOLVED by the Albertville City Council approve an interfund loan from Fund 204 and advances at all times throughout the year at an interest rate of 3.0% Adopted by the Albertville City Council this 61h day of July 2009 Ron Klecker, Mayor Bridget Miller City Clerk M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-024 (loan-advances).doc 22 A.lb£rtVill£ Mayor and Council Communication s..ar t uMr p. eta aw ur.. June 29, 2009 SUBJECT: FINANCE — RESOLUTIONS TRANSFERRING FUNDS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following resolution: Motion to approve Resolution No. 2009-025 entitled a Resolution to Transfer Funds. Transfers of $111,915.00 from the Closed Bond Fund (300) and the 1996A GO TIF Bond (353) and $15,267.00 from 1992A GO Imp Bond Fund (322) to Closed Bond Fund (300) were to close out bond funds (322 and 353). Transfer of $28,886.00 from the General Fund (101) to the I-94 Fund (468) is an annual transfer of monies budgeted for transportation to pay for the activities for the I-94 projects each year. Transfers of $54,154.00 from Capital Outlay Fund (102) to City Hall Project (482) to close out and fund the project. Transfers of $46,596.00 from the General Fund (101) to the Capital Outlay Fund (102) as per budgeted amounts for future capital items. Transfers of $1,385.00 from the General Fund (101) to New Ice Sheet Fund (500) to fund negative balance. Transfers of $295,885.00 from the General Fund (101) to Closed Capital Projects Fund (400) to fund negative balance. Transfers of $63,767.00 from the Park Dedication Fund (201) to Capital Outlay Fund (102) to reimburse for winter park. Transfers of $4,966.00 and $2,652.00 from Capital Outlay Fund (102) to TIF # 10 Mold Tech (410) and TIF # 11 Land of Lakes (411) to fund negative balances. Transfers of $107,766.00 from 70th Street Fund (497) to MacIver Fund (502) to correct Fund Balances. BACKGROUND: Annually, City Staff and auditors review and recommend transfer of funds for designated purposes, bond payments, or to fund a negative balance. M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance Transfer RCA.doc Agenda Item No. 8. L' +3. Meeting Date July 6, 2009 Mayor and Council Communication — June 29, 2009 Finance Director — Resolution No. 2009-025 Page 2 of 2 POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all fund transfers. FINANCIAL CONSIDERATIONS: Plan funding options on continuing and new projects. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, Larry R. use City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2009-025 M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance Transfer RCA.doc Agenda Item No. 8.E• 3. Meeting Date July 6, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-025 A RESOLUTION TRANSFER FUNDS WHEREAS, the Albertville City Council has reviewed its annual audit; and NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following actions are implemented: Transfer $111,915.00 from the Closed Bond Fund # 300 to Fund # 353 1996A GO TIF Bond. Transfer $15,267.00 from the 1992 A GO Imp Bond Fund # 322 to Fund # 300 Closed Bond Fund. Transfer $1,385.00 from the General Fund # 101 to Fund # 500 New Ice Sheet Capital Project Fund. Transfer $28,886.00 from the General Fund # 101 to Fund # 494 CSAH 19 Ramps/I-94 Capital Fund. Transfer $46,596.00 from the General Fund # 101 to Fund # 102 Capital Outlay Fund. Transfer $295,885.00 from the General Fund # 101 to Fund # 400 Closed Capital Projects Fund. Transfer $63,767.00 from the Park Dedication # 201 to Fund # 102 Capital Outlay Fund. Transfer $54,154.00 from the Capital Outlay Fund # 102 to Fund # 482 City Hall Capital Project Fund. Transfer $4,966.00 form the Capital Outlay Fund # 102 to Fund # 410 TIF #10 Mold Tech. Transfer $2,652.00 from the Capital Outlay Fund # 102 to Fund # 511 TIF #11 Land of Lakes Transfer $107,766.00 from 70th Street Capital Fund # 497 to Fund # 502 MacIver Capital Fund. Adopted by the Albertville City Council this 61h day of July 2009. 25 °"4R `1bcrtvi11c Mayor and Council Communication June 29, 2009 SUBJECT: 0 FINANCE - CSAH 37 WEST STREET AND UTILITY PROJECT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to adopt Resolution No. 2009-026 entitled a Resolution Declaring the Official Intent of the City of Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City. BACKGROUND: The City has reviewed concept plans for a development on CSAH 37 West known as the Niemeyer, Miller and Progressive Building System properties. It is the consensus of the Council that the City will complete a feasibility study for streets, water, sewer, storm sewer and sanitary lift station to serve these properties located between CSAH 37, the BNSF Railway and the westerly corporate limits of the City. BMI proposed to develop a report that identified a reasonable estimate of the cost to extend water and sewer service to the three (3) parcels lying west of Kadler Avenue NE and north of CSAH 37. Components of the report included a narrative of existing conditions and proposed improvements, conceptual layouts of a sanitary sewer system and water system and estimated costs of the proposed improvements. Included in the report was be a cost -per -lot estimate, should the City desire to impose a Utility Connection Fee on the benefiting properties. City Council passed Resolution No. 2008-014 entitled a Resolution Declaring the Official Intent of the City of Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City. This prior resolution did not have the amount to be reimbursed which is required by bond council. KEY ISSUES: It is Staff s recommendation that the utilities be incorporated into a connection charge and the street assessed to the benefited properties. POLICY CONSIDERATIONS: It is the Mayor and City Council's policy to approve all contacts with consultants for Feasibility Studies and other services M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance CSAH 37 W Triangle Project RCA.doc Agenda Item No. 8. E.4. Meeting Date July 6, 2009 Mayor and Council Communication — June 29, 2009 Finance - CSAH 37 West Street and Utility Project Page 2 of 2 FINANCIAL CONSIDERATIONS: Passing this resolution provides the City of Albertville the ability to reimburse certain costs from the bond proceeds. The amount to be reimbursed must be in the resolution for bond council to approve such reimbursements. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract with consultants for Feasibility Studies. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2009-026 M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance CSAH 37 W Triangle Project RCA.doc Agenda Item No. 8.F.4. Meeting Date July 6, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-D A (® DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville (the "City") as follows: 1. The City reasonably intends to make expenditures for the project described in Exhibit A (the "Project"), and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount described in Exhibit A. 2. The City Clerk is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the City Council at the earliest practicable date and shall be filed with the official books and records of the City as provided in Section 3. 3. This resolution is intended to constitute a declaration of official intent for purposes of Treas. Reg. § 1.150-2 and any successor law, regulation, or ruling. Approved by the City Council of the City of Albertville this 6th of July, 2009 Ron Klecker, Mayor Bridget Miller, City Clerk 29 City of Albertville County of Wright Resolution No. 2009-oa,(Q Page 2 EXHIBIT A TO OFFICIAL INTENT RESOLUTION ADOPTED JUNE 15, 2009 Date of Maximum Principal Declaration Description of Project Amount of Debt for Project June 15, 2009 CSAH 37 W. St. & Utility $500,700 Project M N, ""`*� A,1bertville Mayor and Council Communication Smd 7— L"M. No 43W Ufa. June 29, 2009 SUBJECT: 0 FINANCE — ALBERTVILLE LIONS DONATION RECOMMENDATION: The Albertville Lions has recently donated funds to the City, which are for the purpose of assisting with the Friendly City Days expenses. It is respectfully requested that the Mayor and Council consider the following motion: Motion to accept a donation in the amount of $2,000.00 from the Albertville Lions and deposit the donation of $2,000.00 to the Friendly City Days fund (805). BACKGROUND: According to the Minnesota State Statute, the City receipts and accepts donations from non-profit organization that are re -directed to other various entities. Staff places the item on the agenda to accommodate the Mayor and Council to ask questions, review, and accept donations that are submitted to the Finance Department by organizations. KEY ISSUES: • It is the City's policy to monitor the finances of the City; therefore, to acknowledge and accept donations that are submitted by various organizations. POLICY CONSIDERATIONS: The Mayor and City Council to acknowledge and accept donations on behalf of other committee's within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial impact on the city. Normally, the funds are collected and the City of Albertville issues a check Friendly City Days. They do have an escrow account here and the donation would just be deposited into that fund instead of issuing a check. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to acknowledge and accept donations that are submitted by various organizations received by the City of Albertville. Respectfully submitted, _f Larry R.4,ruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Albertville Lions Donation to Friendly CD.doc Agenda Item No. O.E.S. Meeting Date July 6, 2009 K A\1bertvijle Mayor and Council Communication sma ram, u�..t OW ur . June 30, 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, July 6, 2009 payment of the claims that includes check numbers 027189 to 027247 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. 027193 Autotext - Fire Dept. purchased re -usable open house banner using donation monies Check No. 027194 Budget Blinds — Fire Dept. purchased blinds for the offices in the Fire Hall Check No. 027195 Davis, Jeff — Reimbursement — FD fire barrier tape Check No. 027204 Eull, Jay — Reimbursement — batteries for S.C.B.A Check No. 027219 Midwest Landscapes — Payment No. 2 and Final Payment recommended by City Engineer for planting trees in Albert Villa's, see attached report Check No. 027240 T & S Trucking of Buffalo — street sweeping during Friendly City Days — Billing Friendly City Days Committee for 1/3 of the bill. 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\07 06 2009 Finance Bills Report (RCA).doc Agenda Item No. 8. E.6. Meeting Date July 6, 2009 33 Mayor and Council Communication — June 30, 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, Larry R. se 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\07 06 2009 Finance Bills Report (RCA).doc Agenda Item No. Q.E.6. Meeting Date July 6, 2009 i A�Ibcrtvillf:if Check Detail Register July 6, 2009 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027189 7/6/2009 AFLAC G 101-21710 Other Deducations $16.16 362407 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 027190 7/6/2009 ALBERTVILLE CAR CARE CENTER E 101-45100-404 Repair/Maint - Machinery/Equip $26.99 31666 repair tire, install tube Total ALBERTVILLE CAR CARE CENTER $26.99 Paid Chk# 027191 7/6/2009 ALL STAR CHEMICAL CORP E 101-42000-200 Office Supplies (GENERAL) $294.78 pint bottle w trigger sprayer Total ALL STAR CHEMICAL CORP $294.78 Paid Chk# 027192 E 101-45100-417 E 601-49450-417 E 101-43100-417 E 602-49400-417 E 601-49450-417 E 602-49400-417 E 101-43100-417 E 101-45100-417 E 101-41940-405 Total Paid Chk# 027193 E 101-42050-437 7/6/2009 ARAMARK UNIFORM SERVICES Uniform Rentals $21.32 629-6753953 Uniforms Pks Uniform Rentals $21.33 629-6753953 uniforms Wtr Uniform Rentals $21.33 629-6753953 uniforms PW Uniform Rentals $21.33 629-6753953 uniforms Swr Uniform Rentals $13.03 629-6758682 Sewage Dept. - Uniform Sery Uniform Rentals $13.03 629-6758682 Water Dept - Uniform Sery Uniform Rentals $13.03 629-6758682 Public Works -Uniform Sery Uniform Rentals $13.04 629-6758682 Parks Dept - Uniform Sery Repair/Maint - Buildings $84.71 629-6758683 ch twis, mats, etc ARAMARK UNIFORM SERVICES $222.15 7/6/2009 AUTOTEXT Misc. Donations Total AUTOTEXT Paid Chk# 027194 7/6/2009 BUDGET BLINDS E 101-42000-521 C/O - Fire Hall Total BUDGET BLINDS Paid Chk# 027195 7/6/2009 DAVIS, JEFF E 101-42000-200 Office Supplies (GENERAL) Total DAVIS, JEFF $225.00 060109 $225.00 $498.42 0509 $498.42 $62.77 $62.77 Paid Chk# 027196 7/6/2009 DJS TOTAL HOME CARE CNTR FIRE E 101-42000-200 Office Supplies (GENERAL) $33.83 0390085/1 Total DJS TOTAL HOME CARE CNTR FIRE $33.83 Paid Chk# 027197 7/6/2009 DOCUMENT DESTRUCTION SERVICE E 101-41400-300 Professional Srvs (GENERAL) $30.00 138930 Total DOCUMENT DESTRUCTION SERVICE $30.00 Paid Chk# 027198 7/6/2009 EDP OF WRIGHT COUNTY E 101-41100-433 Dues and Subscriptions $75.00 031209 Total EDP OF WRIGHT COUNTY $75.00 re -usable open house banner blinds fire barrier tape bungee cord, flat washers doc. Destruction transportation plans for WC M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E.6. Meeting Date July 6, 2009 35 Mayor and Council Communication -June 30, 2009 Finance - Payment of Claims Page 2 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027199 7/6/2009 EGGEN'S DIRECT SERVICE, INC. E 101-43100-212 Motor Fuels $37.50 0143755 gas E 101-43100-212 Motor Fuels $40.50 0143792 gas E 101-43100-212 Motor Fuels $47.14 0144233 gas E 101-43100-212 Motor Fuels $9.25 0144285 gas E 602-49400-212 Motor Fuels $59.50 0313318 gas E 101-45100-212 Motor Fuels $45.09 0313318 gas E 101-43100-215 Shop Supplies $63.25 3103151 gas/supplies E 101-45100-212 Motor Fuels $29.00 3103151 gas E 101-43100-212 Motor Fuels $9.00 3103152 gas E 101-45100-212 Motor Fuels $46.00 3103160 gas E 101-43100-212 Motor Fuels $51.63 3103160 gas E 601-49450-212 Motor Fuels $67.00 3103160 gas E 101-45100-212 Motor Fuels $9.00 3103160 gas E 101-43100-212 Motor Fuels $6.77 3103160 gas E 101-42400-212 Motor Fuels $71.69 3103160 gas E 101-43100-212 Motor Fuels $57.00 3103160 gas E 602-49400-212 Motor Fuels $47.00 3103160 gas E 101-45100-212 Motor Fuels $51.74 3103173 gas E 602-49400-212 Motor Fuels $10.60 3103173 gas E 101-43100-212 Motor Fuels $11.00 3103173 gas Total EGGEN'S DIRECT SERVICE, INC. $769.66 Paid Chk# 027200 7/6/2009 ELECTRIC PUMP, INC. E 601-49450-404 Repair/Maint - Machinery/Equip $101.18 0038778-IN shorten cord E 601-49450-404 Repair/Maint - Machinery/Equip $12,731.01 0038851-IN new pump replaced E 601,-49450-404 Repair/Maint - Machinery/Equip $2,611.26 0038872-IN rebuild mixer Total ELECTRIC PUMP, INC. $15,443.45 Paid Chk# 027201 7/6/2009 EMBARQ - TX E 101-42000-321 Telephone $31.19 7634970261283 497-7474 E 101-41940-321 Telephone $7.05 7634970261283 Idst E 101-45100-321 Telephone $16.11 7634970261283 497-2215 E 101-41940-321 Telephone $31.19 7634970261283 497-0452 E 101-43100-321 Telephone $31.19 7634970261283 497-0774 E 101-42000-321 Telephone $31.19 7634970261283 497-1340 E 101-41940-321 Telephone $31.19 7634970261283 497-3695 E 101-41940-321 Telephone $31.19 7634970261283 497-93704 E 101-41940-321 Telephone $151.20 7634970261283 taxes and surcharge E 101-42000-321 Telephone $34.28 7634970261283 497-0261 E 601-49450-321 Telephone $16.11 7634970261283 497-1888 E 601-49450-321 Telephone $31.19 7634970261283 497-0269 E 101-41940-321 Telephone $31.19 7634970261283 497-3486 Total EMBARQ - TX $474.27 Paid Chk# 027202 7/6/2009 EMBARQ - TX 2 E 101-41940-321 Telephone $15.48 10003669890609 Idst Total EMBARQ - TX 2 $15.48 Paid Chk# 027203 7/6/2009 ENGINEERING AMERICA, INC E 601-49450-404 Repair/Maint - Machinery/Equip $254.36 9091 element Total ENGINEERING AMERICA, INC $254.36 Paid Chk# 027204 7/6/2009 EULL, JAY E 101-42000-585 C/O - Air Packs Total EULL, JAY Paid Chk# 027205 7/6/2009 FASTENAL COMPANY E 601-49450-404 Repair/Maint - Machinery/Equip E 601-49450-404 Repair/Maint - Machinery/Equip Total FASTENAL COMPANY $438.97 0609 batteries for S.C.B.A $438.97 $10.23 mntc462955 Truebolt $1.85 mntc462971 parts $12.08 M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E.6. Meeting Date July 6, 2009 W Mayor and Council Communication —June 30, 2009 Finance — Payment of Claims Page 3 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027206 7/6/2009 FIRE INSTRUCTION & RESCUE EDUC E 101-42000-208 Training and Instruction $1,080.00 07891 NFA leadership Total FIRE INSTRUCTION & RESCUE EDUC $1,080.00 Paid Chk# 027207 7/6/2009 FIRST TEAM, INC E 101-45100-210 Operating Supplies (GENERAL) $116.88 26569 titan actuator Total FIRST TEAM, INC $116.88 Paid Chk# 027208 7/6/2009 FORD CONSTRUCTION CO INC E 601-49450-404 Repair/Maint - Machinery/Equip $3,000.00 1740 remove old pump Total FORD CONSTRUCTION CO INC $3,000.00 PaidtChk# 027209 7/6/2009 GOPHER STATE ONE -CALL E 601-49450-209 Locates $105.20 9050288 wtr locates E 602-49400-209 Locates $105.20 9050288 swr locates Total GOPHER STATE ONE -CALL $210.40 Paid Chk# 027210 7/6/2009 GRAINGER E 601-49450-404 Repair/Maint- Machinery/Equip $9.27 9014515945 socket, relay,11 E 601-49450-404 Repair/Maint - Machinery/Equip $36.10 9015597033 startcapacitor, 216-259 mfd 330 vac, round E 601-49450-587 C/O - Tools $808.02 9015597041 insulation multimeter kit E 601-49450-404 Repair/Maint - Machinery/Equip $16.53 9904860757 resistor E 601-49450-404 Repair/Maint - Machinery/Equip $36.10 9904860765 startcapacitor Total GRAINGER $906.02 Paid Chk# 027211 7/6/2009 GREENBERG IMPLEMENT INC E 101-45100-404 Repair/Maint - Machinery/Equip $303.24 PS50503 parts CTR-GOV'T Total GREENBERG IMPLEMENT INC $303.24 Paid Chk# 027212 7/6/2009 HAWKINS, INC E 601-49450-217 Chemicals - Ferric Chloride $212.92 soda ash grade Total HAWKINS, INC $212.92 Paid Chk# 027213 7/6/2009 HEALTH PARTNERS E 601-49450-130 Employer Paid Ins (GENERAL) $1,236.29 32424994 emp health & dental E 101-41400-131 Employer Paid Health $834.82 32424994 emp health & dental E 101-41500-131 Employer Paid Health $921.56 32424994 emp health & dental E 101-45100-130 Employer Paid Ins (GENERAL) $927.86 32424994 emp health & dental E 101-43100-130 Employer Paid Ins (GENERAL) $1,982.12 32424994 emp health & dental G 101-21706 Group Insurance Payable $2,625.16 32424994 emp health & dental Emp port E 101-42400-130 Employer Paid Ins (GENERAL) $2,590.96 32424994 emp health & dental E 602-49400-130 Employer Paid Ins (GENERAL) $1,236.28 32424994 emp health & dental E 101-41300-131 Employer Paid Health $513.15 32424994 emp health & dental Total HEALTH PARTNERS $12,868.20 Paid Chk# 027214 7/6/2009 INTERNATIONAL CODE COUNCIL E 101-42400-433 Dues and Subscriptions $50.00 0709 certification Total INTERNATIONAL CODE COUNCIL $50.00 Paid Chk# 027215 7/6/2009 KENNEDY & GRAVEN E 101-41000-300 Professional Srvs (GENERAL) $112.75 89891 general financial bond info Total KENNEDY & GRAVEN $112.75 Paid Chk# 027216 7/6/2009 KJOLHAUG ENVIRONMENTAL SERVICE G 101-22825 Hunters Pass Escrow $433.25 50936 hunters pass montoring Total KJOLHAUG ENVIRONMENTAL SERVICE $433.25 M:\Public Data\City Council\Council Packet inform ation\2009\07-06-09\07 06 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E.6. Meeting Date July 6, 2009 37 Mayor and Council Communication -June 30, 2009 Finance - Payment of Claims Page 4 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027217 7/6/2009 MCFOA E 101-41300-483 Dues and Subscriptions $35.00 0609 membership Total MCFOA $35.00 Paid Chk# 027218 7/6/2009 METRO FIRE E 101-42000-310 Other Professional Services $97.03 34872 new guys helmet stickers E 101-42000-404 Repair/Maint - Machinery/Equip $775.12 34876 for leader #11 Total METRO FIRE $872.15 Paid Chk# 027219 7/6/2009 MIDWEST LANDSCAPES E 604-49660-300 Professional Srvs (GENERAL) $3,010.00 pmt # 2 and Final Total MIDWEST LANDSCAPES $3,010.00 Paid Chk# 027220 7/6/2009 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $112.74 31441 copy machine CH E 101-41400-413 Office Equipment Rental $74.42 31442 copy machine CH Total MINNESOTA COPY SYSTEMS $187.16 Paid Chk# 027221 7/6/2009 MN DEPT OF TRANSPORTATION E 203-00000-310 Other Professional Services $594.04 0709 fraser loan Total MN DEPT OF TRANSPORTATION $594.04 Paid Chk# 027222 7/6/2009 MTI DISTRIBUTING, INC. E 101-45100-404 Repair/Maint -Mach i nery/Equip $690.47 673820 cylinder lift Total MTI DISTRIBUTING, INC. $690.47 Paid Chk# 027223 7/6/2009 MTR SERVICES INC E 101-43100-403 Repair/Maint - Catch Basins $987.80 3992a jackhammer, concrete repair E 101-43100-403 Repair/Maint - Catch Basins $717.36 3993a materials & labor E 101-43100-403 Repair/Maint - Catch Basins $1,089.00 3994a 4 yards of concrete, sealer, strip forms E 604-49660-300 Professional Srvs (GENERAL) $225.00 3995a ditch cleaning 63rd ST Total MTR SERVICES INC $3,019.16 Paid Chk# 027224 7/6/2009 NAPA AUTO PARTS E 601-49450-210 Operating Supplies (GENERAL) $27.79 708925 seat cov E 101-43100-404 Repair/Maint - Machinery/Equip $30.66 710201 solenoid E 101-45100-404 Repair/Maint - Machinery/Equip $65.49 710384 lamp, switch Total NAPA AUTO PARTS $123.94 Paid Chk# 027225 7/6/2009 NEXTEL COMMUNICATIONS E 101-41500-323 Nextel Radio Units $58.99 0609 nextel phones E 101-41300-321 Telephone $68.10 0609 nextel phones E 101-42000-321 Telephone $78.47 0609 nextel phones FD E 602-49400-323 Nextel Radio Units $56.08 0609 nextel phones E 101-42400-323 Nextel Radio Units $37.38 0609 nextel phones E 101-41400-323 Nextel Radio Units $37.38 0609 nextel phones E 101-45100-323 Nextel Radio Units $51.16 0609 nextel phones E 601-49450-323 Nextel Radio Units $56.08 0609 nextel phones E 101-43100-323 Nextel Radio Units $51.16 0609 nextel phones Total NEXTEL COMMUNICATIONS $494.80 Paid Chk# 027226 7/6/2009 NORTH AMERICAN CLEANING CORP E 101-41940-405 Repair/Maint -Buildings $419.61 37302 may service CH E 101-42000-405 Repair/Maint -Buildings $138.45 37302 may service FD Total NORTH AMERICAN CLEANING CORP $558.06 M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Bills Posted Batch.doc Agenda Item No. S.E.6. Meeting Date July 6, 2009 Mayor and Council Communication -June 30, 2009 Finance - Payment of Claims Page 5 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027227 7/6/2009 NORTH CENTRAL LABORATORIES E 601-49450-210 Operating Supplies (GENERAL) $136.94 252511 rain/snow gauge Total NORTH CENTRAL LABORATORIES $136.94 Paid Chk# 027228 7/6/2009 NORTHERN WATER WORKS E 602-49400-250 Meters for Resale $750.00 s01194271.001 equninox software Total NORTHERN WATERWORKS $750.00 Paid Chk# 027229 7/6/2009 OMANN BROTHERS E 101-43100-403 Repair/Maint - Catch Basins $88.50 8337 A.0 mix Total OMANN BROTHERS $88.50 Paid Chk# 027230 7/6/2009 OMANN SHINGLE RECYCLING E 101-43100-401 Repair/Maint - Unpaved $70.29 9263 crushed asphilt con -bit E 101-43100-401 Repair/Maint - Unpaved $83.47 9265 crushed asphilt con -bit Total OMANN SHINGLE RECYCLING $153.76 Paid Chk# 027231 7/6/2009 PIPELINE SUPPLY, INC. E 602-49400-408 R/M - Water Services $140.24 S2623528 curb stop Total PIPELINE SUPPLY, INC. $140.24 Paid Chk# 027232 7/6/2009 PITNEY BOWES - MACHINE RENTAL E 101-41400-322 Postage $338.43 0609 postage E 604-49960-322 Postage $87.34 0609 postage E 602-49400-322 Postage $207.42 0609 postage E 601-49450-322 Postage $458.51 0609 postage Total PITNEY BOWES - MACHINE RENTAL $1,091.70 Paid Chk# 027233 7/6/2009 PITNEY BOWES -SUPPLIES E 101-41400-200 Office Supplies (GENERAL) $316.73 622665 ink for postage machine E 101-41400-200 Office Supplies (GENERAL) ($287.70) 646010 credit for ink for postage machine Total PITNEY BOWES - SUPPLIES $29.03 Paid Chk# 027234 7/6/2009 PREMIER ELECTRICAL CORP E 601-49450-404 Repair/Maint - Machinery/Equip $212.00 48166 wired new raw sewage pump Total PREMIER ELECTRICAL CORP $212.00 Paid Chk# 027235 7/6/2009 REED BUSINESS INFORMATION E 101-43100-223 Seal Coating $179.58 4187171 09 seal coat Total REED BUSINESS INFORMATION $179.58 Paid Chk# 027236 7/6/2009 RUSSELL SECURITY RESOURCE INC. E 101-41940-405 Repair/Maint - Buildings $13.95 A14875 brass key Total RUSSELL SECURITY RESOURCE INC. $13.95 Paid Chk# 027237 7/6/2009 S & T OFFICE PRODUCTS E 101-42400-200 Office Supplies (GENERAL) $17.90 01NJ7795 ppr E 101-42400-200 Office Supplies (GENERAL) $20.19 01NJ7796 purell E 101-41400-200 Office Supplies (GENERAL) $77.38 01 nk4332 cleaner,add roll, PPR E 101-42400-200 Office Supplies (GENERAL) $19.98 01nk4332 cleaner, flam duster, 2pk E 101-41400-200 Office Supplies (GENERAL) $233.22 11 NJ6033 ppr, ribbon, binders, clips, etc Total S & T OFFICE PRODUCTS $368.67 Paid Chk# 027238 7/6/2009 SENTRY SYSTEMS, INC. E 101-43100-405 Repair/Maint - Buildings $31.16 6000933 11822 63rd street NE E 101-42000-405 Repair/Maint - Buildings $4.21 6000933 fire alam test E 101-42000-405 Repair/Maint - Buildings $30.26 601688 11350 57th street NE Total SENTRY SYSTEMS, INC. $65.63 M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E.. Meeting Date July 6, 2009 9 Mayor and Council Communication -June 30, 2009 Finance - Payment of Claims Page 6 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027239 7/6/2009 SHERWIN-WILLIAMS CO E 101-41940-405 Repair/Maint -Buildings $35.04 0609 paint CH Total SHERWIN-WILLIAMS CO $35.04 Paid Chk# 027240 7/6/2009 T & S TRUCKING OF BUFFALO, INC E 101-43100-227 Street Sweeping $630.00 333 hrs., sweeping Friendly city days, 6-11, 6-14, 6-15 Total T & S TRUCKING OF BUFFALO, INC $630.00 Paid Chk# 027241 7/6/2009 TRYCO LEASING INC E 101-42000-310 Other Professional Services $113.64 4371 FD coppier E 101-41400-413 Office Equipment Rental $692.05 4372 Coppier lead CH Total TRYCO LEASING INC $805.69 Paid Chk# 027242 7/6/2009 USA BLUE BOOK E 602-49400-210 Operating Supplies (GENERAL) $129.29 822809 corePRO sr. sampler Total USA BLUE BOOK $129.29 Paid Chk# 027243 7/6/2009 USABLE LIFE E 101-41300-131 Employer Paid Health $54.29 0709 Emp STDis Ins E 601-49450-130 Employer Paid Ins (GENERAL) $9.00 0709 Emp life ins E 601-49450-130 Employer Paid Ins (GENERAL) $34.27 0709 Emp STDis Ins E 602-49400-130 Employer Paid Ins (GENERAL) $9.00 0709 Emp life ins E 602-49400-130 Employer Paid Ins (GENERAL) $34.25 0709 Emp STDis Ins E 101-42400-130 Employer Paid Ins (GENERAL) $69.48 0709 Emp STDis Ins E 101-43100-130 Employer Paid Ins (GENERAL) $49.19 0709 Emp STDis Ins E 101-43100-130 Employer Paid Ins (GENERAL) $9.30 0709 Emp life ins E 101 ;41500-131 Employer Paid Health $4.95 0709 Emp life ins E 101-45100-130 Employer Paid Ins (GENERAL) $5.40 0709 Emp life ins E 101-41400-131 Employer Paid Health $6.60 0709 Emp life ins G 101-21710 Other Deducations $7.50 0709 Emp life ins Emp Port E 101-41500-131 Employer Paid Health $35.53 0709 Emp STDis Ins E 101-41300-131 Employer Paid Health $14.10 0709 Emp life ins E 101-45100-130 Employer Paid Ins (GENERAL) $19.55 0709 Emp STDis Ins E 101-42400-130 Employer Paid Ins (GENERAL) $22.35 0709 Emp life ins E 101-41400-131 Employer Paid Health $22.81 0709 Emp STDis Ins Total USABLE LIFE $407.57 Paid Chk# 027244 7/6/2009 VACKER, INC E 101-45100-530 Improvements $1,046.15 623 Oakside park entrance sign Total VACKER, INC $1,046.15 Paid Chk# 027245 7/6/2009 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $1,026.00 865 testing Total WATER LABORATORIES INC $1,026.00 Paid Chk# 027246 7/6/2009 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities $407.59 Street Lights E 101-45100-381 Electric Utilities $218.04 Parks E 601-49450-381 Electric Utilities $70.34 lift station Total WRIGHT-HENNEPIN COOPERATIVE $695.97 M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Bills Posted Batch.doc Agenda Item No. O.E.6. Meeting Date July 6, 2009 M Mayor and Council Communication —June 30, 2009 Finance — Payment of Claims Page 7 of 7 10100 Premier Bank Paid Chk# 027247 E 101-43160-381 E 101-43100-381 E 601-49450-381 E 601-49450-381 E 601-49450-381 E 601-49450-381 E 101-43160-381 E 101-45100-381 E 101-45100-381 E 101-41940-381 E 101-43160-381 E 101-43160-381 E 101-41940-381 E 101-42000-381 E 101-45100-381 E 101-41940-381 E 101-43160-381 E 101-43160-381 E 101-43160-381 E 601-49450-381 E 101-45100-381 E 101-41940-381 E 601-49450-381 Fund Summary 7/6/2009 XCEL ENERGY Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Total XCEL ENERGY 10100 Premier Bank 101 GENERAL FUND 203 REVOLVING LOAN 601 SEWER FUND 602 WATER FUND 604 STORM WATER Check Amt Invoice Comment $24.48 5145796403509 $254.37 5146897849609 $283.72 5146897849609 $87.74 5146897849609 $37.24 5146897849609 $4,384.30 5146897849609 $40.99 5146897849609 $183.12 5146897849609 $9.24 5146897849609 $123.63 5146897849609 $72.24 5146897849609 $59.67 5146897849609 $59.13 5146897849609 $252.29 5146897849609 $9.73 5146897849609 $34.24 5146897849609 $33.52 5146897849609 $30.48 5146897850509 $22.64 5151123630509 $8.96 5154543269509 $3.63 5155564108509 $1,267.54 5180156992509 $22.76 5188259947509 $7,305.66 $63,083.18 10100 Premier Bank $28,172.95 $594.04 $28,174.63 $2, 819.22 $3,322.34 $63,083.18 11830 51 st 11822 63rd PW sewer lift station lift station 4940 Kaiser Swr sewage plant 5050 LeBeaux signal ballfield/rink picnic shelter auto protective Igt 5300 LeBeaux Light 5050 LeBeaux Light 5964 Main 57th Park shelter 6002 Main Ave 11060 61 st ST 11750 co 37 signal 5998 LeBeaux 5900 Co 18 swr 5799 Lander street lights 5900 Lymann Lift Station M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Bills Posted Batch.doc Agenda Item No. O. E .6. Meeting Date July 6, 2009 41 �lbertville Mayor and Council Communication June 29, 2009 SUBJECT: FINANCE — SALES TAX AUDIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions:_ Motion to accept the final audit; sign the Minnesota Department of Revenue DOR51 forms and pay the sales tax amount due in the amount of $18,260.43 in principal and $2,899.50 in interest for a total of $21,159.93 no later than September 8, 2009. Motion to work with the water customers whom owe sales tax as per the findings in the sales tax audit to collect payment of taxes owed. Further allow these customers two payment options the first option to pay in full and the second option to pay over a 12 month period. BACKGROUND: The State of Minnesota has completed their audit of the City of Albertville for sales and use tax. The audited period was from January 1, 2005 to April 30, 2009. The audit was broken down into four different categories. General MN Sales — The City of Albertville has general sales that we must collect and pay sales tax on. These items are mainly services provided such as mowing, rental, and dog licenses. The total amount of tax owed for general sales, that was not collected or paid, from 0 1/0 1/05 -04/3 0/09 was $241.30 plus interest 2. Water Sales — The City of Albertville sells water to commercial and industrial business that we must collect and pay sales tax on. The audit reviled that 127 out of 171 commercial accounts were not charged tax on the sale of Albertville District water. Tax was collected on Joint Powers District water. This has been corrected for the 127 accounts. The amount of tax owed water sales for these 127 accounts from 01/01/05-04/30/09 is $17,072.67 plus interest. 3. Purchases subject to sales tax — purchases that the City of Albertville made from vendors that were not taxed, including freight which is taxable, that the vendors did not charge. The total amount of tax owed for purchases, which was not paid, from 01/01/05-04/30/09 was $4,312.76 plus interest. 4. Fixed Assets — fixed assets purchased that either the item or the freight was not taxed by the vendor. The total amount of tax owed for fixed assets, which was not paid, from 01/01/05-04/30/09 was $125.39 plus interest. M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance sales tax audit RCA.doc Agenda Item No. 8. L' . f . Meeting Date July 6, 2009 4� Mayor and Council Communication — June 29, 2009 Finance Director — Sales Tax Audit Page 2 of 2 KEY ISSUES: The City of Albertville must pay the sales tax owed to the State of Minnesota no later than September 8, 2009. Taxes owed on, purchases and fixed assets the city would have paid for at the time if the vendor had charged tax. Water sales taxes owed the consumer would have paid at the time if taxes were added to the bill correctly. These taxes are owed by the consumers of commercial/industrial customers. Staff recommends that the customers are billed for the taxes owed, which they are responsible for, and provide two options. The first option is to pay in full and the second option is to pay over 12 months time. It is important for the consumer to pay the taxes so they have proof of payment due to the fact if they do not pay the City of Albertville for the taxes owed on water sales, if they are audited for the same time period they will be required to pay the state the amounts plus interest for the taxes on water sales not paid. The burden of proof is on the consumer, by paying the City of Albertville they will have proof of payment for taxes owed. The 127 commercial/industrial consumers who owe tax breaks down as follows: 104 users each owe sales tax for 01/01/05-04/30/05 in the amount of $200 or under 17 users each owe sales tax for 01/01/05-04/30/05 between $200 but under $530 6 users each owe sales tax for 01/01/05-04/30/05 between $550 but under $1,270 POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all payments. FINANCIAL CONSIDERATIONS: Taxes owed must be paid and the majority of the amount should be collected from the consumers whom owe the sales tax. The majority of the amount owed will come from the Water Fund. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Finance sales tax audit RCA.doc Agenda Item No. 8. E. ! . Meeting Date July 6, 2009 ZVI �bcrtville Mayor and Council Communication June 29, 2009 SUBJECT: FINANCE — JOINT POWERS WATER REFUNDS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to refund six water accounts (consisting of 86-00000060-00-8; 85-00004250-00-4; 80-00005000-00-9; 80-00005100-00-6; 83-00000900-00-0; and 81-00001795-00-5) that were overcharged Joint Powers Water District due to duplicate metered services attached to them in the amount of $135,287.06 with proceeds coming from the Joint Powers Water Board and temporarily financed by the City of Albertville Utility Fund. Motion to refund one water account no. 85-00004250-00-4 that was overcharged Albertville Water District due to duplicate metered services attached to it in the amount of $5,941.84; consisting of BACKGROUND: During the sales tax audit it was found that six (6) water accounts that were overcharged due to duplicate metered services for the Joint Powers Water portion of the bill. The duplicate charges started in January 2003. Since the error was found the accounts have been corrected. The total amount of duplicate charges comes to $135,287.06 in which over the years the City of Albertville has paid out to Joint Powers Board. Staff has worked with Joint Powers Staff to come to an agreement whereby the City of Albertville will refund these users and net the refunds out of the normal monthly collections paid to Joint Powers until the City of Albertville is paid back in full. Further, one Albertville account was overcharged Albertville District Water due to duplicate metered service in the amount of $5,941.84. Although it is unfortunate that these billing errors happened, the City and Joint Powers is doing the right thing by refunding these overpayments. KEY ISSUES: The six accounts include Old Castle Glass, STMA Schools, Albertville Clinic, and Albertville Meadows. POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all payments. M:\i'ublic Data\Requests for Council Actions (RCA)\2009\07 06 2009 water refund RCA.doc Agenda Item No. U. E.O. Meeting Date July 6, 2009 W Mayor and Council Communication — June 29, 2009 Finance Director — Joint Powers Water Refunds Page 2 of 2 FINANCIAL CONSIDERATIONS: Joint Powers will ultimately be responsible for the $135,287.06. The City of Albertville will pay the money up front, and be reimbursed through customer water payments over a three or four month period. The remaining Albertville billing error of $5,941.84 will be funded out of the 602 Water Utility Fund. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, �Yckj Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 water refund RCA.doc Agenda Item No. 8.E.8. Meeting Date July 6, 2009 [I `�""e Nib£r`fVlll£ Mayor and Council Communication s.nd� Town ur6q. � ctaa uH. June 30, 2009 SUBJECT: FINANCE DEPARTMENT REPORT RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. 1 ST QUARTER BUDGET TO ACTUAL Second (2nd) Quarter 2009 un-audited General Fund Summary of Revenues and Expenditures. Both Revenues and expenditures should be at 50%. Revenues are at 10.6% and Expenses are at 34.1%. 2009 Council Update GENERALFUND 31010 32100 32110 32120 32150 32210 32240 33401 33405 33406 33422 33620 34000 34101 34001 34050 34103 34105 34106 34107 34302 34780 34950 35000 36210 Agenda Item No. B.E. 9. Meeting Date July 6, 2009 -4� General Fund Revenue: 2009 2009 Actual % of Budget 6/25/2009 Bud et Current Ad Valorem Taxes 2,208,496 - 0.0% Business Licenses &Permits 59,500 68,848 115.7% Liquor Licenses 28,500 33,270 116.7% 3.2 Liquor Licenses 150 170 113.3% Sign Permits 2,500 2,600 104.0% Buildin Permits 177,321 44,597 25.2% Animal Licenses 700 240 34.3% Local Government Aid - - 0.0% Police Aid 25,500 - 0.0% Fire Aid 55,000 - 0.0% Other State Aid Grants 9,000 - 0.0% Count Grants &Aids 10,000 4,684 46.8% Charges for Services 13,000 7,327 56.4% Lease Payments - City Property 43,200 20,713 47.9% Administration Fees 151,010 75,505 50.0% Developer Fees 35,000 1,505 4.3% Zoning &Subdivision 7,000 900 12.9% Plan Check fee 42,412 10,066 23.7% Sale of Maps 100 50 50.0% PID/Le al Description Requests 250 - 0.0% Title Searches 250 200 80.0% Fire Protection Contract Charges 148,507 37,689 25.4% Park/City Hall Rental Fees 5,000 31500 70.0% Other Revenues 10,000 15,010 150.1% Fines &Forfeits 500 500 100.0% Interest Earnings 68,000 309 0.5% En ineer/As bunts 5,000 - 0.0% Reserves - Total Revenues $ 3,105,896 $ 327,683 10.6% Mayor and Council Communication - June 30, 2009 Finance Director - Monthly Report Page 2 of 3 General Fund Expenditures 2009 2009 Actual % of Budget 6/25/2009 Budget 41100 Council 46,645 12,186 26.1% 41300 Administrator 137,070 62,625 45.7% 41400 City Clerk 132,382 56,935 43.0% 41410 Elections 300 - 0.0% 41500 Financial Administration 131,342 57,491 43.8% 41550 City Assessor 33,000 28,922 87.6% 41600 City Attorney 31,450 8,288 26.4% 41700 City Engineer 57,000 21,798 38.2% 41800 Economic Development 10,000 9,060 90.6% 41910 Planning & Zoning 30,334 12,860 42.4% 41940 City Hall 139,800 32,210 23.0% 42000 Fire Department 275,662 86,636 31.4% 42110 Police 489,250 245,280 50.1% 42400 Building Inspection 287,835 126,638 44.0% 42700 Animal Control 3,200 2,403 75.1% 43100 Public Works - Streets 467,483 111,451 23.8% 43160 Street Lighting 80,000 31,621 39.5% 43200 Rec ling 48,000 22,500 46.9% 45000 Culture & Recreation 45,377 30,025 66.2% 45100 Parks & Recreation 165,882 68,687 41.4% Capital Reserves/1-94 493,884 31,784 6.4% Total Expenditures $ 3,105,896 $ 1,059,399 34.1% VARIANCES Revenue: o First Half taxes are not received until early July o Business licenses franchise fee from Charter o Other Revenues includes $7,245.89 from insurance due to the 2008 hail and wind storm o Interest is not allocated until year end. Expenses: o Property Assessment is complete for the year, therefore contract is paid in full o Economic Development is taxes on property, we will be over due to classification change to some parcels that the City of Albertville owns that are not tax exempt KEY ISSUES: n/a M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Report.doc Agenda Item No. 8.E.9. Meeting Date July 6, 2009 Mayor and Council Communication — June 30, 2009 Finance Director — Monthly Report Page 3 of 3 POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, Larry R. use City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Report.doc Agenda Item No. 8.E.9. Meeting Date July 6, 2009 Setting 2009 Budget Workshops "4'��r'1�P:+1 PM1�Y w�t,�lu, 7, 0 '�" � ' aF Sq Q% " 4 Su M Tu W Th F Sa 1 3 4 Iy 5 71 8 9 10 11 #, 15 16,17 18 12��' 19 ,. 21 22 23 24 25 26 28 1 29 30 31 Su M Tu I W Thl F Sa 1 ;t 2 y. 4 5 6 7 8 9 �°�' 0 PZ 11 12 13 14 15 16 18 19 20 21 22. 23 JP24 25 26 27 28 29 30 Su M Tul W Th F Sa 1 2 3 4 5 ry P2 6 TIN". ,°;, 9 10 11 12 13e1 15 16 17 18 19 20 22 23 24 25 26 Monday, July 6 — regular City Council meeting 7 p.m. Monday, July 13 — STMA Hockey Board meeting 6 p.m. (involves 2 council members, plus Larry K) Monday, July 20 — regular City Council meeting 7 p.m. Monday, July 27 — Jt. Powers Water Board meeting 6 p.m. (involves 2 council members) Tuesday, July 14 — regular Planning Commission meeting (involves 1 council member) Monday, August 3 — regular City Council meeting 7 p.m. Monday, August 10 — STMA Hockey Board meeting 6 p.m. (involves 2 council members, plus Larry K) Monday, August 17 — regular City Council meeting 7 p.m. Monday, August 24 — Jt. Powers Water Board meeting 6 p.m. (involves 2 council members) Monday, August 31— fifth Monday of the month (tentative Council workshop) Tuesday, August 11 — regular Planning Commission meeting (involves 1 council member) M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Finance Setting 2009 Budget Workshops.doc Ln N Agenda Item NA.E. 10. Meeting Date July 6, 2009 0+ ,Ibcrtvljle Mayor and Council Communication s..." 7o wr.w ft aw ur.. June 17, 2009 SUBJECT: 0 CITY CLERK — ST. ALBERT CATHOLIC CHURCH REQUEST RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion accepting the St. Albert Catholic Church request to semi -block off Lander Avenue NE; the portion that runs between the St. Albert Catholic Church and St. Albert Parish Center for the annual Parish Festival celebration that will be held on Saturday, July 18 from 5:00 p.m. to 10:00 p.m. and Sunday, July 19 from 6:00 a.m. to 7:00 p.m. The St. Albert Catholic Church stated they would notify the Albertville Fire Department and the Wright County Sheriff's Department that the portion of the street will be semi -blocked should there be an emergency. BACKGROUND: The Church has closed the street off for several years and it has not caused any problems and maybe makes their event safer by not having traffic during the festival. KEY ISSUES: It is the City's policy to review and consider requests from the general public that affects the safety and welfare of the public during celebrations or other events that are held within the Albertville city limits. POLICY CONSIDERATIONS: The Mayor and City Council review requests from the general public that affects the safety of the public during celebrations or other events that are held within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial implication to this request. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding requests from the general public that affects the safety of the public during celebrations or other events that are held within the Albertville city limits. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: St. Albert Catholic Church letter M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 City Clerk St Alberts Church street blocked request (RCA).doc Agenda Item No. S.F. I . Meeting Date July 6, 2009 Cat!'iol� c St. Albert's Catholic Church 11400 57th St. NE - P.O. Box 127 e o�� Albertville, MN 55301 rtVille, M7nnesTelephone: (763) 497-2474 Fax: (763) 497-7678 Email: stalbertmn@embargmail.com June 10, 2009 City of Albertville, Reason: Parish Festival —July 18th and 19th, 2009 Blocking Lander Avenue St. Albert's Catholic Church is requesting to have Lander Avenue, between the Church and Parish Center, blocked off for our annual Parish Festival on Saturday, July 18th, from 5:OOpm to 10:00pm and also on Sunday, July 19th, from the hours of 6:OOam to 7:OOpm. Please place our request on the agenda for approval at the next City Council Meeting on Monday, June 15, 2009. If you have any questions, please contact Rita Fay, Administrative Assistant at 763-497-2474. Thank you. 9 -,--& A Rita Fay Administrative Assistant 54 E3C3 L_T'C:>N 8. M F= N K , i r-.IG® Consulting Engineers & Surveyors � 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: June 29, 2009 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Albertville Engineer Subject: Project Status Update The following is a brief project status update as of June 29, 2009: 1. Niemeyer Trailer Sales It is anticipated that work will resume once the CSAH 37 Utility project is substantially complete. 2. CSAH 37 (West) Utility Extension —Niemeyer Development The City and Xcel have entered into an agreement that will allow for the installation of the utilities as proposed. The Notice of Award and Notice to Proceed have been issued to Nodland Construction and work commenced on the June 291h. During the week of the 291h, the Contractor will be focused on directional drilling the forcemain, as well as, the watermain crossing at Karston Ave. Construction of the lift station is expected to begin t he second week of July. 3. CSAH 19 Project 571h Street to Albertville Southerly Limits) The Contractor has replaced all dead and/or damaged plants in the center medians, as required by the warranty provisions, which will expire in the fall of 2009. Public Works staff has reviewed the replacements and recommends acceptance of the landscaping and irrigation improvements. It is expected that the County will finalize the project later this summer. 4. Hunters Pass Staff is working with the Developer to coordinate the completion of all remaining work and punchlist items. It is anticipated that all work, with the exception of acceptance of the wetland mitigation sites, will be complete by the end of the summer. 5. Phil Morris Lift Station Weather permitting; Oman Brothers will be completing the driveway this week. Once the driveway is complete, the site will be restored with topsoil and seed. M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Engineering Project Bolton & Menk.doc Agenda Item No. 8.I.1. Meeting Date July 6, 2009 55 Albertville Project Status Update 6/29/09 v Page 2 of 3 6. Towne Lakes 6th Addition Staff is working with the Owner (M&I) and their representative to amend the development contract and complete the trunk watermain in 2009. M&I has requested that the City complete the watermain loop and the project costs be assessed to the 6th Addition. The City Attorney has revised the Development Agreement and drafted an assessment agreement for M&I to review. Staff is also working to secure a trail easement should the City desire to complete the "Woods Trail" prior to the development of the 7th addition. Staff has been in contract with M&I's attorneys regarding the easement and should have a better understanding of M&I's position by the July 5th Council meeting. 7. Mapping The City's online GIS mapping system is complete and will be presented to staff the week of the 29tb 8. 2009 Municipal State Aid System Staff is reviewing potential street projects that could utilize MSA funds. The current MSA fund balance is approximately $1,000,000. Staff is working to rank and prioritize projects and ultimately develop and 5 year comprehensive street plan. 9. Albert Villas 6th Addition — 2009 Improvements Midwest Landscapes has completed t the landscaping improvements, which includes the addition of 81 trees. Westar Curb as been awarded the project and will begin the concrete replacements in mid -July. 10. 2009 Seal Coat Improvements The 2009 Seal Coat Improvement has been awarded to Pearson Bros. and it is expected that the work will be completed the week of June 29th 11. Winter Park Improvements The Contractors for the CSAH 37 project will be utilizing the Park's parking lot to install the forcemain. Once they are out of the parking lot, the Winter Park Contractors will be in to complete the remaining punchlist items and stripe the parking lot. 12. Franklin Property Sewer Extension It is expected that all remaining punchlist items will be completed by the second week of July. Upon all items are complete and with Mr. and Mrs. Franklins authorization, a recommendation for final payment and project acceptance will be submitted for Council approval. M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Engineering Project Bolton & Menk.doc Agenda Item No. 8.1. 1. Meeting Date July 6, 2009 Albertville Project Status Update l 6/29/09 Page 3 of 3 13. CSAH 37 Bridge Con estion Staff has submitted a request to MnDOT to investigate the ever increasing delays at the approaches to the CSAH 37 Bridge. MnDOT will, at minimum, evaluate the signal timing to ensure the signal system is managing the traffic as efficiently as the system is capable of. The State will also evaluate whether or not a protective - permissive signal head would improve intersection operations. 14. 52nd Street Improvements The Contractor was required to seal coat 52nd Street do to the surface imperfections that resulted from the cold weather paving operations. This work was added to the scope of work for the City's 2009 Seal Coat Improvements project and will be paid with retainage held on the 52nd Street Improvements project. It is expected that the recommendation for final payment and project acceptance will be presented to the Council in August. 15. Albertville Railway Exchange Plat Staff has met with Mr. Ryan and Mr. Lehn to discuss the rear yard swale. In review of the swale and hearing the concerns of both parties, staff believes that with minor modifications to the swale, both parties will be satisfied. It is believed that public works will be able to complete the modifications to the swale in early July. 16. Karston Cove 3rd Addition Staff is working with the Developer to complete the remaining work, including completion of the private driveways. The City has drawn the full letter of credit held for the Development, and will use those funds to complete the remaining work if the Developer in unable to do so. I will be at your July 5th City Council meeting to discuss any questions concerning these and/or other projects taking place in town. M:\Public Data\City Council\Council Packet information\2009\07-06-09\07 06 2009 Engineering Project Bolton & Menk.doc Agenda Item No. B.I. L Meeting Date July 6, 2009 57 � lbertvi 11c Mayor and Council Communication t WkwftclNuh. June 25, 2009 SUBJECT: LEGAL — MODIFICATION OF DEVELOPER'S AGREEMENT FOR TOWNE LAKES FIRST ADDITION RELATING TO DEVELOPER LOTS OWNED BY SCHERER BROS. LUMBER COMPANY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: Approve Agreement Regarding City of Albertville Master Planned Unit Development Agreement Towne Lakes. BACKGROUND: Towne Lakes First Addition was originally platted in 2001. Under the developer's agreement, the developer was to maintain the parks for the first five years of the development. In addition, the development agreement allowed the developer to place a temporary sales trailer on one of the lots in the development. The parks were outfitted with a sprinkler system which was connected to a water meter. The sales trailer was also connected to the water system and was metered. However, because both of these water uses were the first of their type in Albertville (this was our first privately maintained park and our first temporary sales trailer), neither of the meters were read or billed. In 2006 or 2007, the City realized that water meters were installed and had them read. The resulting bill for many years of water use was approximately $15,000. City staff discussed this issue in a conference call with Dave Hemple and Homer Tompkins of CPDC (the developer) and with Peter Scherer of Scherer Bros. Lumber, who held the mortgage on the property. At this discussion, it was agreed that the City would special assess this amount to Outlot G, which was an outlot that was under the control of the developer but was eventually scheduled to be deeded to the City. The developer's agreement required that this lot be deeded free and clear of any liens on the property. The City assessed the delinquent water amount to Outlot G. CPDC then deeded the property to the City early, before paying the special assessments on the property. The City ultimately paid the special assessments. By this time, CPDC had ceased to operate and Scherer Bros had taken back the five remaining lots that CPDC owned, one of which included the lot that contained the sales trailer. The City notified Scherer Bros. that, as successor to CPDC, the City was going to assess the water bill (which stood at $19,000 at this point with interest and penalties) entirely to the sales lot. Scherer Bros. attorney then contacted City Staff indicating that Scherer Bros. would challenge the special assessment on the basis that all properties in the development should be assessed for this cost unless the City could assure Scherer Bros. that the remaining Scherer Bros lots would not be held liable for any other unmet obligations of CPDC, unless all lots in the Towne Lakes First Addition were similarly billed or assessed for such costs. The City Attorney and Scherer Bros. attorney subsequently worked out the attached modification of developer's agreement which applies to the five lots owned by Scherer Bros. M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Legal -Finance TL Water bill RCA.doc Agenda Item No. O.J . l . Meeting Date July 6, 2009 Mayor and Council Communication — June 25, 2009 Legal — Amendment to Towne Lakes Developer's Agreement Page 2 of KEY ISSUES: Upon approval of the Amendment, Scherer Bros. will pay the City $19,059.48 in delinquent water billings, fully satisfying the outstanding balance. City Staff is aware of no other past due obligations of CPDC related to this plat, but if any other obligations do come to light, we can only collect against Scherer Bros. if we also collect equally from all lots (i.e. current homeowners) in the Towne Lakes First Addition plat. Scherer Bros. will not be responsible for any other past due water bills of CPDC (Staff is not aware of any that exist at this point). POLICY CONSIDERATIONS: By adopting the Amendment, the City will receive payment of the delinquent water balance but will give up its right to treat the Scherer Bros properties as still owned by the Developer for purposes of collecting past due amounts that may be owed by CPDC. If the City does not adopt the Amendment, we can still special assess the sales lot for the full amount, but we will likely get challenged in court on the assessment. Given the unusual nature of the special assessment, I am not sure how a court would rule on this issue. FINANCIAL CONSIDERATIONS: Passage of this Amendment will ensure that the City will receive the $19,059.48 that it is due for past water usage. If any additional monies are found to be due from CPDC in the future, the City would have to special assess all properties in Towne Lakes First Addition for such costs. LEGAL CONSIDERATIONS: The Amendment will be binding upon the lots owned by Scherer Bros. and will bind Scherer Bros to pay the City the $19,059.48 that is currently due. Respectfully submitted, Z?se City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney; Finance/Tina Lannes, Finance Director Attachments: Agreement Regarding City of Albertville Master Planned Unit Development Agreement Towne Lakes M:\Public Data\Requests for Council Actions (RCA)\2009\07 06 2009 Legal -Finance TL Water bill RCA.doc Agenda Item No. Q.J.1. Meeting Date July 6, 2009 061709 AGREEMENT REGARDING CITY OF ALBERTVILLE MASTER PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES This Agreement (this "Agreement") is entered into as of , 2009 by and between Scherer Bros. Lumber Co., a Minnesota corporation ("Scherer") and the City of Albertville, State of Minnesota (the "City"). RECITALS A. The City and Contractor Property Developers Company "("CPDC") entered into that certain City of Albertville Master Planned Unit Development Agreement Towne Lakes (the "Development Agreement") dated as of August 6, 2001 and filed September 14, 2001 as Document Number 756748. B. Scherer has acquired certain real property that is subject to the Development Agreement, including but not limited to Lot 1, Block 5, Towne Lakes lst Addition ("Lot 1, Block 5"). C. On April 25, 2008, the City notified CPDC and Scherer of its intent to specially assess Lot 1, Block 5 in the amount of Nineteen Thousand Fifty Nine Dollars and 48/100 ($19,059.48) in connection with certain water charges that were incurred but not paid during the time that CPDC owned such property (the "Unpaid Water Bill"). AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Payment of Unpaid Water Bill. Within five (5) business days of this Agreement, Scherer agrees to pay Nineteen Thousand Fifty Nine and 48/100 ($19,059.48) to the City. The City agrees that such payment shall constitute full payment of the Unpaid Water Bill, and that there are no additional unpaid water charges related to the acts or omissions of CPDC will be assessed against Lot 1, Block 5 or any other property owned by Scherer and subject to the Development Agreement. 2. Development Agreement Interpretation. The City hereby agrees that Scherer shall have no liability nor responsibility for performance under the Development Agreement that is different from the liability or responsibility for performance of the owners of similarly situated lots that are subject to the Development Agreement. 3. Financial Liability. The City hereby agrees that Scherer shall have no financial liability under Sections 5, 6, 7, 8 or 9 of the Development Agreement, except that Scherer shall remain liable for enforcement costs described in paragraph 8 of the Development Agreement in M:\Public Data\Development Agreements\2009 Scherer modification to DA (TL).DOC Agenda Item No, 8.11. Meeting Date July 6, 2009 61 Agreement Regarding - City Of Albertville Master Planned Unit Development Agreement Towne Lakes Page 2 of 2 the event Scherer violates the terms of the Developer's Agreement as modified by paragraph 2 of this Agreement. 4. Counterparts. This Agreement may be simultaneously executed in several counterparts, all of which shall constitute but one and the same instrument. The parties agree that this Agreement may be executed and delivered by each party by facsimile transmission, upon which this Agreement will be effective. By: Its Mayor By: Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ) SCHERER BROS. LUMBER CO. IN Peter L. Scherer Its President The foregoing instrument was acknowledged before me this day of June, 2009 by Peter L. Scherer, the President of Scherer Bros. Lumber Co., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of June, 2009 by and , the Mayor and Clerk, respectively of the City of Albertville, a , on behalf of the Notary Public 4576659_1.DOC M:\Public Data\Development Agreements\2009 Scherer modification to DA (TL).DOC Agenda Item No. 8.1 . L Meeting Date July 6, 2009 62 Alan R. Brixius From: <Craigalshouse@aol.com> To: <Abrixius@nacplanning.com>; <Jsutherland@ci.albertville.mn.us> Sent: Monday, June 22, 2009 11:21 AM Subject: 6589 Laketowne Place NE Gentlemen; As we discussed last week, I am attempting to find a tenant or buyer for the former 20,000 square foot Seasonal Concepts building at the subject address. I have hired Welch Company to market the property and for the last year and a half we have no retail parties interested. The retail and office market have virtually come to a standstill in this economic climate. We have offered the building at zero rent for 1 year and still have no interested parties. I would ask the city for 2 things: 1. If there is a need, a proposed use, or an idea please call me to discuss. I can sub -divide the building into smaller spaces. 2. We would like to market the building to professional schools such as business schools, vo-techs, training centers and the like. This use is presently not allowed in the 132-A zoning and would require a change. I currently do not have a prospect for this type of use, its only a marketing idea at this point. Please consider this proposed use and any other ideas you may have and call me at your earliest convenience at 612419-0619. Thank you. Craig Alshouse, owner An Excellent Credit Score is 750. See Yours in Just 2 Easy Steps! 7/5/2009 R. Michael 3150 Lander Avenue NE . St. Michael, MN 55376 . (763) 497-2041 . Fax (763) 497-5306 July 6, 2009 City of Albertville Mayor, Council Members and Staff 5959 Main Avenue NE PO Box 9 Albertville, MN 55301 Dear Mayor, Council Members, and Staff: As part of the St. Michael Daze & Knights Celebration, the St. Michael City Council and staff would like to extend a friendly challenge to the Albertville City Council members and staff to participate in a bowling competition. The competition will be held on Friday, August 21st at 5:30 p.m. at River Lanes Bowling Alley. We have reserved four lanes for the competition and are planning on a maximum of ten players from each city to play. Depending on time, we will likely be able to play two games and will calculate the average score of each city to determine the winner. Please respond by August 20th with a list of how many representatives from Albertville will participate, so we can plan accordingly. looking forward to seeing you on August 21st! Sincerely, j a44Vg"#U"q rZ�achman Mayor Enclosure