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2009-08-03 CC PacketNIbertville City of Albertville Council Agenda smn� umm UWkW ft city Ufa. AUGUST 3, 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 July 20, 2009 regular City Council minutes (pgs. 1-8) 7. l& CONSENT AGENDA All items with an asterisk () are considered to be routine in nature by the City staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member, staff, or citizen so requests. In such event, the item will be removed from the Consent Agenda; a separate discussion will take place during the General Order of Business and considered in its normal sequence on the agenda that will require a separate motion. Items 8.D.1. Building Dept. — Building Official's Report (pgs. 9-10) 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 11-16) 8.E.2. Finance — Albertville Fire Relief Resolution (pgs. 17-19) 8.F.1. City Clerk — Albertville Lions Intoxicating License (pgs.29-30) 8.I.1. Engineering — Albertville Townhomes LOC Reduction (pgs. 37-39) 8. DEPARTMENT BUSINESS A. Fire Department City of Albertville Council Agenda August 3, 2009 Page 2 of 4 B. Public Works Department C. Utilities Department (WWTP) D. Building Department 1). Accept the Building Official's Report dated July 28, 2009 (pgs. 9-10) E. Finance Department 1). 0 Authorize the Monday, August 3, 2009 payment of the claims that includes check numbers 027311 to 027342 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 11-16) 2). Approve Resolution No. 2009-027 entitled a Resolution approving the Annual Retirement Benefit for the Albertville Volunteer Fire Department set at $1,740 that would be effective January 1, 2010 (pgs. 17-19) 3). Adopt Resolution No. 2009-028 increasing the rate for the storm water utility as follows effective September 2009. Storm Water rates (bimonthly): (pgs. 21-23) • Storm water 1 Residential $8.00 flat fee (increase of $1.00) • Storm water 2 Residential $11.12 flat fee (increase of $1.39) • Storm water 3 Residential $20.00 flat fee (increase of $2.50) • Non-residential impervious 0-5% $12.58 per acre (increase of $1.57) • Non-residential impervious 6-35% $23.70 per acre (increase of $2.96) • Non-residential impervious 36-65% $33.32 per acre (increase of $4.16) • Non-residential impervious 66-100% $59.96 per acre (increase of $7.49) �inance Golf Course $2.00 per acre 4). Director's Update on TIF 10 and TIF 11 (no action needed) (pg.25) 5). Finance Director's Monthly Report dated July 28, 2009 (pgs. 27-28) F. City Clerk 1). 0 Approve a 1-Day Temporary Intoxicating Liquor License application submitted by the Albertville Lions for the Annual Albertville Fire Department Retirement Dinner that is a social event where retirees are invited that will be held at the Albertville Fire Hall on Saturday, September 19, 2009 from 3:00 p.m. to 12:00 mid -night; and, Reduce the $220 City fee for the 1-Day Temporary Intoxicating Liquor License to $55.00; and, To allow intoxicating liquor to be served in a city owned (public) facility (pgs. 29-30) 2). Amend Title 5, Chapter 5, Section 3 of the 2005 Albertville Municipal City Code Exception language as follows: The location of the live outdoor musical performance must be at least one -hundred twenty feet 120' from any residence located in a residential zoning district OR Approve the request submitted by the 152 Club and the Albertville Lions for a Temporary Outdoor Music Permit on Saturday, September 12, 2009 at 5794 Main Avenue NE for the hours of 2:00 p.m. to 12:00 mid -night; and, Approve the request submitted by the 152 Club and the Albertville Lions for a Temporary M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 1-A Agenda.doc Meeting Date: August 3, 2009 City of Albertville Council Agenda August 3, 2009 Page 3 of 4 Outdoor Music Permit on Saturday, October 3, 2009 at 5794 Main Avenue NE for the hours of 2:00 p.m. to 12:00 mid -night (pgs. 31-34) G. City Council 1). Oral Update on the Joint Powers Water Board meeting (if applicable) H. Planning and Zoning 1). Approve Ordinance No. 2009-012 entitled an Ordinance Amending Section 10- 7-7 (General Standards) of Chapter 7 (Sign Regulations) of the Albertville Building and Development Regulations (Title 10) of the 2005 Albertville Municipal City code, Relating to the Number of Temporary and Portable Signs Allowed (pgs. 35-36) 2). Discuss 54 Street NE Townhomes Re -Development 3). Oral Update on Billboards I. Engineering 1). 0 Accept the municipal improvements of the Albertville Town Home project and commence the 2-year warranty period; and to reduce Letter of Credit No. 290 to no less than $32,218 conditioned upon all outstanding balances owed to the City being paid in full (pgs. 37-39) 2). Accepting the quote from Oman Brothers, Inc., in the amount of $3,200, to complete the bituminous trail segment located on Outlot B of the Towne Lakes 6th Addition (pgs. 41-45) 3). Accept the City Engineer's Progress Report dated July 28, 2009 (pgs. 47-49) J. Legal K. Administration 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS August 2009 1.0 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 21 5:30 p.m. Albertville vs. St. Michael Bowling competition 24 6:00 p.m. Joint Powers Water Board meeting 31 7:00 p.m. Committee of the Whole Workshop (tentative) September 2009 7 all day Independence Day observed — City Offices closed M:\Public Data\City Council\Council Packet infonnation\2009\08-03-09\08 03 2009 1-A Agenda.doc Meeting Date: August 3, 2009 City of Albertville Council Agenda August 3, 2009 Page 4 of 4 8 7:00 p.m. City Council meeting 9 7:00 p.m. Planning and Zoning Commission meeting 14 6:00 p.m. STMA Ice Arena Board meeting 21 7:00 p.m. City Council meeting 28 6:00 p.m. Joint Powers Water Board meeting 28 7:00 p.m. Committee of the Whole Workshop (tentative) October 2009 5 7:00 p.m. City Council meeting 12 all day Columbus Day observed — City Offices closed 12 6:00 p.m. STMA Ice Arena Board meeting 12 7:00 p.m. Family -Youth Community Cooperative (FYCC) 13 7:00 p.m. Planning and Zoning Commission meeting 19 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) November 2009 2 7:00 p.m. City Council meeting 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting l l all day Veterans' Day observed — City Offices closed 16 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting 26 all day Thanksgiving Day observed — City Offices closed 30 tentative A. City of Albertville; City of St. Michael and STMA School Board meeting (location to be determined) 11. ADJOURNMENT M:\Public Data\City Council\Council Packet infonnation\2009\08-03-09\08 03 2009 1-A Agenda.doc Meeting Date: August 3, 2009 NbertAlle Mayor and Council Communication r�UA-11�.9%vatyup- July 27, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to approve the Monday, July 20, 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, BACKGROUND: The City Council appoint or designate an individual that 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 to the Council to review and amend as necessary at the next scheduled meeting. KEY ISSUES: • Minutes are to reflect the motions made by the Council during a regular and or special City Council meeting. • Minutes may include a summary of the Council's and staff s discussion of agenda items at a regular and or special City Council meeting. • Amend the content of the minutes if necessary to reflect the true action taken or statements made. • Approve the minutes that have been prepared by the Recording Secretary as presented in the Council packet. POLICY/PRACTICES CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: July 20, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 City Council minutes RCA.doc Agenda Item No. 6. Meeting Date August 3, 2009 A,Ibc ty Sn bcM Town Uwing. ft aty Ufa. ALBERTVILLE CITY COUNCIL JULY 20, 2009 MINUTES PLEDGE OF ALLEGIANCE — CALL TO ORDER Mayor Klecker called the regular Albertville City which time the Pledge of Allegiance was said. PRESENT: Mayor Ron Klecker, Counc Larry Sorensen, City Attorney Mike Cou Brixius, City Administrator Larry Kruse, Mayor Klecker wan under City Council, 7:00 PM p.m., at Wagner, John Vetsch, and tfstad, City Planner Alan ;now if there were any changes to the agenda. One item was added was the discussion on I-94 Rollover. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the Monday, July 20, 2009 regular City Council agenda with the following amendments: City Council 3. I-94 Rollover discussion Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 07-20-09 B-drafts.doc Agenda Item No. 6. Meeting Date August 3, 2009 City of Albertville City Council Minutes July 20, 2009 Page 2 of 7 MINUTES July 6, 2009 regular City Council minutes MOTION BY Council member Fay, seconded by Council member Wagner to approve the Monday, July 6, 2009 regular City Council minutes as presented, which will be printed and signed; after signing the minutes will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy \Motion carried unanimously. CONSENT AGENDA CONSENT AGENDA . All items with an asterisk () are considered to be ro fW> in na rit 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 pia during the Genera Order of Business and considered in its normal sequence on the agerida't iat will require a sbvarate motion. Mayor Klecker inquired if there were any items to MOTION BY Council member ,etsch, seconded FIRE DEPA 'I`MENT — no PUBLIC WORKS discussion by Council member Wagner to approve the flowing item: 8.E.1. Authorize the Monday, nkimbers 027252 to 027304 as presented. Approve the Parks andTecreation Committee's recommendation to accept the low bid of Omann Brothers Paving to overlay the basket ball court; reclaim, grade, compact base, install new asphalt in the tennis court. Install new color surface and lines to both courts Public Works -Parks Supervisor Guimont waited for any comments from the Council regarding the proposed park improvement. Hearing no comments the following motion was made: M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 07-20-09 B-drafts.doc Agenda Item No. 6. Meeting Date August 3, 2009 0 City of Albertville City Council Minutes July 20, 2009 Page 3 of 7 MOTION BY Council member Sorensen, seconded by Council member Fay to approve the Parks and Recreation Committee's recommendation to accept the low bid of Omann Brothers Paving to overlay the basket ball court; reclaim, grade, compact base, install new asphalt in the tennis court; install new color surface and lines to both courts at an estimated cost of the project for the City is $ 36,500. Funds from the League of Minnesota Cities Insurance Trust will pay for $7,750 of the cost. The remaining balance of $28,750 would come from the Park Building fund ($8,043) and the Park Improvement fund ($20,707), which has a fund balance of $8,043 and $20,707 respectively. Motion carried unanimously. Approve setting up the skate board park in the outdoor ice rank urea pna,or to the August 23'd weekend; then taken down (removed) following the Labor Dayweekend.' t 7`h). Staff has the discretion to remove the equipment at any time if the user "! behavior is not ducive to a positive park atmosphere OR Direct staff to advertise and sell the skate board park equipments ,the highest bad with the City retaining the right to reject all bids Public Works -Parks Supervisor Guimont exp] communities or other entities looking for sa pdtential of setting up the equipment one last equipment in the outdoor rink area. Staff felt; lot, which may cut down on the, kids loitering to the Council that the City has noticed a few I equipment: `Guimont discussed the however, staff wi4ited to install the ea mould be less\ accessible to the parking Klecker was concerned .With the ki loitering arapnd or potentially causing problems. Klecker recalled that about 3' 4 yeas ago when the City had the� skateboard park, the City would receive a number of complaints abort be kld hanging around and the inappropriate language that was used. Sometimes the kidserex�'t even using>�e.skateboard park, they would park their cars close by Irk ollcter to:?b out wltl rend. Kleeker appeared somewhat hesitant in installing the equipment: Other Co`u#u41 members hackncerns wvith the hockey rink area becoming damaged; therefore, questioning Cher this is a gc�d decision. Council took into account that the summer is about 1/2 over so the e�q�pment wou not be up for very long. Following the discussion and debate a motion was made "e Council. MOTION BY Counco ember Sorensen, seconded by Council member Fay to approve staff to set-up the skate board park equipment in the outdoor hockey rink area within Central -City Park prior to the July 25th weekend; then take down or remove the skate board park equipment following the Labor Day weekend (Sept 7th). Staff has the discretion to remove the equipment at any time if the user's behavior is not conducive to a positive park atmosphere. Council directed staff to put up signage and skate board park rules for the individuals using the equipment. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 07-20-09 B-drafts.doc Agenda Item No. 6. Meeting Date August 3, 2009 M City of Albertville City Council Minutes July 20, 2009 Page 4 of 7 UTILITIES DEPARTMENT (WWTP) — no comments BUILDING DEPARTMENT — no comments FINANCE DEPARTMENT Authorize the Monday, July 20, 2009 Payment of Claims (bills) fo,check numbers 027252 to 027304 as presented except the bills specifically pulled, which j4 `e passed by separate motion MOTION BY Council member Vetsch, seconded by.council member Wagriera authorize the Monday, July 20, 2009 Payment of Claims (bills) for -check numbers 027252 to 0273Q4 as presented except the bills specifically pulled, which a ,ssed by separate motion CITY CLERK — no comments CITY COUNCIL Oral Update on the STMA 1'ce Aea Board me Council member Wagner gave an p`V'�rview of the STMA Ice Arena Board meeting, in which the STMA Ice Arena Managerfitch pies ted the pote> al of an outdoor rink. The cost estimate for an outdoor rink would be ppzoxim i y ,00,�00. Wagner was not sure if there would be much of a ob-00 a h64o, proceed with an ouulbor rink versus a structure. Oral Upd on the Planning ixnd Zo*g Commission meeting Council membe0 :ay reportedhat the Planning and Zoning Commission reviewed the Ordinance amendment to mcr* the'elnporary Portable Signs. The Commission approved the ordinance revising the date to JMw" 19, 2010, at which time the Commission and Council could re- evaluate whether to cod roue throughout the remainder of 2010. Fay noted two (2) other items that were discussed that included 541h Street NE development and Scott Dorenbush's resignation. The homes along 541h Street were built in the late 1970's that required a large front -yard setback, and the Commission will evaluate amending the setbacks. M:\Public Data\City Council\Council Minutes\2009 Minutes0rafts\M 07-20-09 B-drafts.doc Agenda Item No. 6. Meeting Date August 3, 2009 5 City of Albertville City Council Minutes July 20, 2009 Page 5 of 7 Sunday, July 12, 2009 Interstate 94 Rollover Council member Fay encouraged the Council and staff to contact the Albertville Mall to coordinate a meeting to discuss emergency evacuation plans. Fay was aware that with the recent rollover there was flammable liquid that was spilt. Since the liquid did not catch on fire, they rescue team needs to keep others back 1,000 feet; however, if the liquid would have catch on fire the rescue team would have needed a'/2 mile radius. That means the Albertville Mall would have needed to get everyone out of there. PLANNING AND ENGINEERING - LEGAL Review Ordinar City Attorney C Municipal City District resident present the Ordi accident on CSE concerned with the dangers of d educating noto, a group of indv Jeann ahand, involved tb_bl to alcohol on the home front. the leader in adolp .. g or enac based upon other difk vers Ile ool ,in to it became :garding Trade by A there is Is access s. Holland brought up the fact that the City of Chaska, MN was g a Social Host Ordinance. Chaska's Social Host ordinance is of a Social Host Ordinance. Council discussed whether or not to consider adopting a Social Host Ordinance. It was noted that the City of Otsego has adopted a Social Host Ordinance. The parents in the audience wanted the Cities of Albertville and St. Michael to work together by adopting a similar ordinance as a majority of the teenagers in the area are in the same school district. Pat Hackmann with the Wright County Safe Place approached the Council informing them that she was in support of the Social Host laws. As we all know, there is the understanding that there are laws in place stating that the Minnesota legal alcohol drinking age is 21. There is a tolerance M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 07-20-09 B-dratts.doc Agenda Item No. 6. Meeting Date August 3, 2009 City of Albertville City Council Minutes July 20, 2009 Page 6 of 7 of alcohol in the community. There are siblings, relatives, and friends of teenagers that are of the legal alcohol drinking age who are inviting the kids over to their place to "party". Council wanted staff to obtain a copy of Otsego's Social Host Ordinance and find out whether the ordinance is working or not for them. In summary, the Council was willing to continue moving forward and working with St. Michael in drafting and adopting a Social Host Ordinance. ADMINISTRATION Accept the City Administrator's Written Report dated July 1 City Administrator Kruse asked if the Council had any quc Irons=or concehi regarding his report. There were no additional comments or questi�aris�for the City Admmis,tor. ANNOUN Mayor Klecker asked the Council to review the upcoming m604 s and calendar of events, which there were no comments. July 2009 27 6:00 p.m. Joint Powers 'Watelt Board meeting 27 7:00 p fin. Committee of the August September 2009 7 all day Independence Day observed — City Offices closed 8 7:00 p.m. City Council meeting's 9 7:00 p.m. Planning and Zoning Commission meeting 14 6:00 p.m. STMA Ice Arena Board meeting 21 7:00 p.m. City Council meeting M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 07-20-09 B-drafts.doe Agenda Item No. 6. Meeting Date August 3, 2009 7 City of Albertville City Council Minutes July 20, 2009 Page 7 of 7 28 6:00 p.m. Joint Powers Water Board meeting 28 7:00 p.m. Committee of the Whole Workshop (tentative) October 2009 5 7:00 p.m. 1.2 all day 12 6:00 p.m. 12 7:00 p.m. 13 7:00 p.m. 19 7:00 p.m. 26 6:00 p.m. 26 7:00 p.m. November 2009 2 7:00 p.m. 9 6:00 p.m. 10 7:00 p.m. 11, all day 16 7:00 p.m. 23 6:00 p.m. 26 all day 30 tentative ADJOURNMENT MOTION BY Council Mol City Council meeting Columbus Day observed — City Offices closed STMA lee Arena Board meeting Family -Youth Community Cooperative-fFYCC Planning and Zoning Commission.jIne eting City Council meeting Joint Powers Water Board metmg Committee of the Whole W6rshop k (tentative) t#tive) City Council meetMg,, STMA lee Arenw Board Planning and Zoningb Veterans' Day observed City Council meeting Joint Pow*ftWater Board Jt. City of, STMA Sch Offices closed rved — City ffices closed �,it' y of St.,Michael and ee , OT oca io 'I" �' ti n to be determined) by 90uncil member Sorensen to adjourn the ",jng at 8:15 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) M:\Pubfic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 07-20-09 B-drafts.doc Agenda Item No.6. Meeting Date August 3,2009 �0 Nbertville Mayor and Council Communication July 28, 2009 Brief Description Building/Zoning Dept. June 09 Monthly Report Recommended Action None. Background Activity report for Council review • Construction Activity: We had 65 permits processed in June for a total value of $759,304. The permit activity consisted mainly of storm related reroof, reside, finish basements, additions, decks, and fence permits. We also had 1 commercial tenant finish permit at the Outlet Mall for Under Armor Clothing Store, along with commercial plumbing, mechanical, and re -roof permits. • Storm Damage: Storm damage repair, permit activity, and inspections continue. • Planning and Zoning, Rental Housing, Miscellaneous Enforcement, Foreclosures: Various enforcement activities for the month include, but are not limited to, monitoring, inspecting, and follow up with vacant and or foreclosed properties. Assisting Public Works high grass and weed enforcement with inspections, notices and letters to owners to mow property. We introduced to the Planning Commission the draft Ordinance regarding Vacant Dwellings that has been prepared by the City Attorney. Staff review continues on this ordinance. • Various: We have worked on answering numerous and various zoning enforcement activities, sign violations, exterior storage, fences, work without permits, rental licensing, and inspections. Foreclosed properties that have sold continue to generate work with various repairs and improvements being made. Tori continues to assist the Finance, Water, and Public Works Departments. I assisted the City Engineer with drainage issues on the trail along CSAH 37 and Albertville Townhomes. • Fire Code Inspections with the Fire Department: I assisted the Fire Chief with a Fire Code inspection of the Country Inn and Suites. Various issues were identified with this inspection which will be covered by the Fire Chief. Recommendation None Submitted through: Larry Kruse, City Administrator Originated by: Jon Sutherland, Building Official/Zoning Administrator Tori Leonhardt, Building Permit Tech M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 BO Report for June 2009.doc Agenda Item No. 8. D. I. . Meeting Date August 3, 2009 June 2009 Building Dept. Revenue Report Sub Total Sub Totals 2009 Less SAC, WA Storm Water, S & W & Meter Less Signs Valuation Permit Fees $ 759,304.00 $ 19,389.61 $ 4,600.00 $ 240.84 JUNE 2009 TOTAL BUILDING DEPT REVENUE 1 $ 14,548.77 2008 Less SAC, WA Storm Water, S & W & Meter Less Signs Valuation Permit Fees $ 1,152,262.00 $ 22,810.11 JUNE 2008 TOTAL BUILDING DEPT REVENUE INSPECTION June 212 Daily Average 13 Year To Date 1231 $ 257.39 $ 22,552.72 10 NbertAlle Mayor and Council Communication July 29, 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, August 3, 2009 payment of the claims that includes check numbers 027311 to 027342 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. 027324 League of Minnesota Cities — Cities portion of legal fees for Gold Key Claim Check No. 027333 Pearson Brothers — Final payment for sealcoat project 2009. See Engineers recommendation for payment. Check No. 027339 Viking Trophies — Trophies for Fire Department — donations PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and verified the invoices and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail, Engineers request for final payment M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Finance Bills Report (RCA).doc Agenda Item No. 8.E.3. Meeting Date August 3, 2009 A,lbertville Smoll Town Uving. Big City Ufa. Check Detail Register August 3, 2009 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027311 8/3/2009 ABDO, EICK & MEYERS LLP E 604-49660-301 Auditing and Acct'g Services $85.00 254909 pro audit/accounting services E 101-42000-301 Auditing and Acct'g Services $85.00 254909 pro audit/accounting services E 101-42400-301 Auditing and Acct'g Services $85.00 254909 pro audit/accounting services E 101-41400-301 Auditing and Acct'g Services $85.00 254909 pro audit/accounting services E 601-49450-301 Auditing and Acct'g Services $85.00 254909 pro audit/accounting services E 602-49400-301 Auditing and Acct'g Services $85.00 254909 pro audit/accounting services Total ABDO, EICK & MEYERS LLP $510.00 Paid Chk# 027312 8/3/2009 ALLINA HOSPITALS & CLINICS E 101-42000-312 First Responder Training $1,030.50 10009636 July -Sept Directorship FD Total ALLINA HOSPITALS & CLINICS $1,030.50 Paid Chk# 027313 8/3/2009 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $30.95 7893 coffee Total BERRY COFFEE COMPANY $30.95 Paid Chk# 027314 8/3/2009 BOBCAT OF WEST METRO E 101-43100-404 Repair/Maint - Machinery/Equip $27.89 32007 snap ring and bearing parts Total BOBCAT OF WEST METRO $27.89 Paid Chk# 027315 8/3/2009 BRITE STITCH MONOGRAMMING E 602-49400-417 Uniform Rentals $44.00 2327 flexfit hats E 601-49450-417 Uniform Rentals $44.00 2327 flexfit hats E 101-43100-417 Uniform Rentals $44.00 2327 flexfit hats E 101-45100-417 Uniform Rentals $44.00 2327 flexfit hats Total BRITE STITCH MONOGRAMMING $176.00 Paid Chk# 027316 8/3/2009 EMBARQ - TX E 101-42000-321 Telephone $31.19 telephone E 101-42000-321 Telephone $31.19 telephone E 101-41940-321 Telephone $31.19 telephone E 101-41940-321 Telephone $31.19 telephone E 101-41940-321 Telephone $31.19 telephone E 101-41940-321 Telephone $31.19 telephone E 101-42000-321 Telephone $30.51 telephone E 101-41940-321 Telephone $150.75 telephone E 101-41940-321 Telephone $22.00 telephone E 101-45100-321 Telephone $16.11 telephone E 601-49450-321 Telephone $16.11 telephone E 101-43100-321 Telephone $31.19 telephone E 601-49450-321 Telephone $31.19 telephone Total EMBARQ - TX $485.00 Paid Chk# 027317 8/3/2009 EMBARQ-MO E 101-41940-321 Telephone $15.70 PW fax Total EMBARQ- MO $15.70 Paid Chk# 027318 8/3/2009 ENGRAVED IMAGES E 101-41000-300 Professional Srvs (GENERAL) $58.57 6468 engraving on cabnet Total ENGRAVED IMAGES $58.57 M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 Finance Bills Posted Batch.doc Agenda Item No. 8..L' .1. . Meeting Date August 3, 2009 12 Mayor and Council Communication — July 29, 2009 Finance — Payment of Claims Page 2 of 4 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027319 8/3/2009 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $114.79 F31885 Trimec Plus Total FEDERATED CO-OPS, INC. $114.79 Paid Chk# 027320 8/3/2009 GENERAL SAFETY EQUIPMENT E 10 1 -42000-551 C/O - Fire Trucks $108.00 409 Parts ladder II truck Total GENERAL SAFETY EQUIPMENT $108.00 Paid Chk# 027321 8/3/2009 GOPHER STATE ONE -CALL E 601-49450-209 Locates $104.47 9060282 Locates - Sewer Dept E 602-49400-209 Locates $104A8 9060282 Locates - Water Dept Total GOPHER STATE ONE -CALL $208.95 Paid Chk# 027322 8/3/2009 GUTZWILLER CONSTRUCTION CO. E 101-45100-405 Repair/Maint -Buildings $1,550.00 Gable - Lions Park Total GUTZWILLER CONSTRUCTION CO. $1,550.00 Paid Chk# 027323 8/3/2009 KG BUILDERS E 101-45100-405 Repair/Maint -Buildings $640.00 FACIA & SORT Total KG BUILDERS $640.00 Paid Chk# 027324 8/3/2009 LEAGUE OF MINNESOTA CITIES E 473-00000-300 Professional Srvs (GENERAL) $68,82&39 Gold Key Total LEAGUE OF MINNESOTA CITIES $68,828.39 Paid Chk#` 027325 8/3/2009 MINNESOTA PCA E 101-43100-208 Training and Instruction $23.00 0709 WW tech seminar, loss control workhop Total MINNESOTA PCA $23.00 Paid Chk# 027326 8/3/2009 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $24.32 32863 E 101-41400-413 Office Equipment Rental $92.17 32864 E 101-41400-413 Office Equipment Rental $81.80 32865 Total MINNESOTA COPY SYSTEMS $198.29 Paid Chk# 027327 8/3/2009 MINNESOTA DEPT OF LABOR & INDU G 101-21705 Building Permit Surcharge $857.45 Total MINNESOTA DEPT OF LABOR & INDU $857.45 Paid Chk# 027328 8/3/2009 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 0709 Total MN DEPT. OF TRADE/ECON. DEV. $594.04 Paid Chk# 027329 8/3/2009 MOON MOTORSPORTS E 101-45100-404 Repair/Maint - Machinery/Equip $98.94 4424491 Total MOON MOTORSPORTS $98.94 Paid Chk# 027330 8/3/2009 NAPA AUTO PARTS E 101-45100-404 Repair/Maint - Machinery/Equip $27.21 711740 Total NAPA AUTO PARTS $27.21 copier maint. copier maint. copier maint. 2nd qtr. State surcharge Fraser Loan SL PST Carburetor CIQ-S69A,SL PST Ignition Module flash tube M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E. I.. Meeting Date August 3, 2009 13 Mayor and Council Communication - July 29, 2009 Finance - Payment of Claims Page 3 of 4 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027331 8/3/2009 NEXTEL COMMUNICATIONS E 601-49450-323 Nextel Radio Units $56.08 718183318-092 nextel phones E 101-42400-323 Nextel Radio Units $37.38 718183318-092 nextel phones E 101-41300-321 Telephone $148.57 718183318-092 nextel phones E 101-41400-323 Nextel Radio Units $37.38 718183318-092 nextel phones E 602-49400-323 Nextel Radio Units $56.08 718183318-092 nextel phones E 101-41500-323 Nextel Radio Units $139.45 718183318-092 nextel phones E 101-43100-323 Nextel Radio Units $51.16 718183318-092 nextel phones E 101-45100-323 Nextel Radio Units $51.16 718183318-092 nextel phones E 101-42000-321 Telephone $78.47 718183318-092 nextel phones FD Total NEXTEL COMMUNICATIONS $655.73 Paid Chk# 027332 8/3/2009 NORTH COUNTRY QUALITY BLDRS G 101-22800 Landscaping Escrow $3,000.00 4937 Kama Lane - Landscape excrow G 101-22800 Landscaping Escrow $3,000.00 10586 48th Street landscape escrow Total NORTH COUNTRY QUALITY BLDRS $6,000.00 Paid Chk# 027333 8/3/2009 PEARSON BROTHERS, INC. E 101-43100-223 Seal Coating $103,960.00 1974 Seal coating 2009 Total PEARSON BROTHERS, INC. $103,960.00 Paid Chk# 027334 8/3/2009 PITNEY BOWES - POSTAGE E 101-41400-322 Postage $526.69 0709 32% postage E 604-49960-322 Postage $131.67 0709 8% postage E 601-49450-322 Postage $674.82 0709 41% postage E 602-49400-322 Postage $312.72 0709 19% postage Total PITNEY BOWES - POSTAGE $1,645.90 Paid Chk# 027335 8/3/2009 SHERWIN-WILLIAMS CO E 601-49450-580 Other Equipment $54.71 0420-3 gallon DP 235 black A Total SHERWIN-WILLIAMS CO $54.71 Paid Chk# 027336 8/3/2009 STERLING CODIFIERS, INC. E 101-41400-300 Professional Srvs (GENERAL) $2,098.00 9273 codification Total STERLING CODIFIERS, INC. $2,098.00 Paid Chk# 027337 8/3/2009 TRYCO LEASING INC E 101-42000-310 Other Professional Services $113.64 4411 FD Copier lease E 101-41400-413 Office Equipment Rental $692.05 4412 CH copier lease Total TRYCO LEASING INC $805.69 Paid Chk# 027338 8/3/2009 USABLE LIFE E 101-41300-131 Employer Paid Health $14.10 0809 emp life ins E 101-45100-130 Employer Paid Ins (GENERAL) $49.19 0809 emp STDis ins E 101-41500-131 Employer Paid Health $4.95 0809 emp life ins E 602-49400-130 Employer Paid Ins (GENERAL) $9.00 0809 emp life ins E 602-49400-130 Employer Paid Ins (GENERAL) $34.25 0809 emp STDis ins E 601-49450-130 Employer Paid Ins (GENERAL) $9.00 0809 emp life ins E 601-49450-130 Employer Paid Ins (GENERAL) $34.27 0809 emp STDis ins G 101-21710 Other Deducations $7.50 0809 emp life ins E 101-41300-131 Employer Paid Health $54.29 0809 emp STDis ins E 101-41500-131 Employer Paid Health $35.53 0809 emp STDis ins E 101-41400-131 Employer Paid Health $22.81 0809 emp STDis ins E 101-42400-130 Employer Paid Ins (GENERAL) $22.35 0809 emp life ins E 101-45100-130 Employer Paid Ins (GENERAL) $19.55 0809 emp STDis ins E 101-43100-130 Employer Paid Ins (GENERAL) $9.30 0809 emp life ins E 101-41400-131 Employer Paid Health $6.60 0809 emp life ins E 101-45100-130 Employer Paid Ins (GENERAL) $5.40 0809 emp life ins E 101-42400-130 Employer Paid Ins (GENERAL) $69.48 0809 emp STDis ins Total USABLE LIFE $407.57 M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E. I . Meeting Date August 3, 2009 14 Mayor and Council Communication — July 29, 2009 Finance — Payment of Claims Page 4 of 4 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027339 8/3/2009 VIKING TROPHIES, INC. E 101-42050-437 Misc. Donations $42.49 95625 donations FD Total VIKING TROPHIES, INC. $42.49 Paid Chk# 027340 8/3/2009 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $4,500.00 June Service Total WRIGHT RECYCLING $4,500.00 Paid Chk# 027341 8/3/2009 WRIGHT-HENNEPIN COOPERATIVE E 601-49450-381 Electric Utilities $72.38 lift stations E 101-45100-381 Electric Utilities $244.53 park lights E 101-43100-381 Electric Utilities $433.44 street lights Total WRIGHT-HENNEPIN COOPERATIVE $750.35 Paid Chk# 027342 8/3/2009 XCEL ENERGY E 601-49450-381 Electric Utilities $4,978.71 5146897849709 sewage plant E 601-49450-381 Electric Utilities $314.88 5146897849709 sewer lift station E 601-49450-381 Electric Utilities $95.18 5146897849709 lift station E 601-49450-381 Electric Utilities $38.12 5146897849709 4940 Kaiser SWR E 101-43160-381 Electric Utilities $36.41 5146897849709 11060 61st St E 101-43100-381 Electric Utilities $335.01 5146897849709 11822 63rd PW E 101-42000-381 Electric Utilities $325.53 5146897849709 11350 57th E 101-45100-381 Electric Utilities $286.24 5146897849709 ballfield/rink E 101-41940-381 Electric Utilities $124.41 5146897849709 Auto Protective Lgt E 101-41940-381 Electric Utilities $95.31 5146897849709 5964 Main E 101-43160-381 Electric Utilities $68.49 5146897849709 5300 LeBeaux Light E 101-43160-381 Electric Utilities $61.19 5146897849709 5050 LeBeaux Light E 101-43160-381 Electric Utilities $43.22 5146897849709 5050 LeBeaux Signal E 101-41940-381 Electric Utilities $35.75 5146897849709 6002 Main AVE E 101-45100-381 Electric Utilities $23.87 5146897849709 picnic shelter E 101-45100-381 Electric Utilities $49A8 5146897849709 park shelter Total XCEL ENERGY $6,911.80 10100 Premier Bank $203,415.91 Fund Summary 101 GENERAL FUND 203 REVOLVING LOAN 473 PRAIRIE RUN 601 SEWER FUND 602 WATER FUND 604 STORM WATER 10100 Premier Bank $126,522.36 $594.04 $68,828.39 $6,608.92 $645.53 $216.67 $203,415.91 M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E. I.. Meeting Date August 3, 2009 15 • = BO L_-t'ON 8 - M P= N K , Consulting Engineers & Surveyors it 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: July 27, 2009 To: Larry Kruse, City Administrator r Cc: Tina Lanes, Finance Director 1 P From: Adam Nafstad, City Engineer Subject: 2009 Seal Coat Project V Pay Estimate No. 1 & Final i BMI Project No.: R13.100969 It Attached please find Invoice No. 1974 from Pearson Bros., Inc. The invoice represents 100% of the project, as well as, the additional work. For your information the final contract amount is $103,960. The work has been found in general compliance with plans and specification and it is recommended that payment in the amount of $103,960, be made to Pearson Bros., Inc. I have requested that Pearson Bros., Inc submit all project closeout submittals, please do not release the check until the City is in receipt of these documents. Please let me know if you have any questions. Attachment DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 16 Nbertville Mayor and Council Communication July 23, 2009 SUBJECT: 0 FINANCE DEPARTMENT — A RESOLUTION ESTABLISHING THE ANNUAL RETIREMENT BENEFIT FOR THE ALBERTVILLE VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION, EFFECTIVE JANUARY 1, 2010 RECOMMENDATION: t is respectfully requested that the Mayor and Council consider raising the Albertville Fire Relief Pension retain the amount of $1,740 per year of service payable in 2010, which would be made by the following motion: Motion approve Resolution No. 2009-027 entitled a Resolution approving the Annual Retirement Benefit for the Albertville Volunteer Fire Department set at $1,740 that would be effective January 1, 2010. BACKGROUND: In 2008, the Albertville Fire Relief approached the Albertville City Council requesting to raise the Fire Relief Pension from $1,600 to $1,850 per year of service. After much discussion on the City's ability to afford such a large increase, the City Council agreed to a $100.00 per year of service increase in 2008. The Council discussed future increases to be tied to the rate of increase that the regular City employees receive each year subject to Council approval in that particular year. The Cost of Living Adjustment approved in the 2009 budget was 2.25%; therefore, that is $40.00 for the fire relief pension increase. The Cost of Living Adjustment proposed for 2010 budget is zero. Therefore, leaving the fire pension at $1,740 for 2010. KEY ISSUES: Albertville Fire Department Budget is made up of a portion of the Otsego. Otsego 30.45%, with the remaining 69.55% being the City of Albertville. At some time in the future this area may not be served by the City of Albertville, thus the state aid will be reduced causing a pension funding shortfall. Cost of Living Adjustment for City of Albertville staff proposed in the preliminary 2010 budget was zero. POLICY CONSIDERATIONS: The proposed increases are consistent with the proposed 2010 preliminary budget. M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Fire Relief Amount (auditors).doc Agenda Item No. 8..E.2. Meeting Date August 3, 2009 Mayor and Council Communication — August 3, 2009 Finance Department — Fire Relief Association Page 2 of 2 FINANCIAL CONSIDERATIONS: Each additional $40 per year of service in the annual Fire Relief pension has a cost of $13,000. The plan is to keep the Fire Relief Pension at $1,740, however, the City will not pay additional dollars into the Relief Association Fund, as they are fully funded and have enough excess funds. The amount of excess depends on the Fire Relief Association's return on investments. Ultimately, the City would be liable to fund shortfalls below the 80% level, unless they lowered the `per year' of service amount. LEGAL CONSIDERATIONS: The City Council has the authority to increase or decrease the Fire Relief Pension and must by state law fund it to 80% of the outstanding liability. Respectfully Submitted ��Ue - 6uu-�, -� Larry R. Kruse City Administrator Department\Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Draft Resolution No. 2009-027 M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Fire Relief Amount (auditors).doc Agenda Item No. O. E.2. Meeting Date August 3, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-027 A RESOLUTION AMENDING THE ANNUAL RETIREMENT BENEFIT FOR THE ALBERTVILLE VOLUNTEER FIRE DEPARTMENT TO REMAIN AT $1,740 EFFECTIVE JANUARY 1, 2010 WHEREAS, the City Council of the City of Albertville is desirous of increasing the annual retirement benefit for the Albertville Fire Department effective January 1, 2010; and WHEREAS, the City Council is committed to contribute $1,740 as the 2010 municipal contribution to the Albertville Fire Relief Association. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby establishes the retirement benefit of the Albertville Fire Relief Association at $1,740 per year of service for all members based on their years of service as active Fire Department members. Adopted by the City Council of the City of Albertville this 3rd day of August 2009. Ron Klecker, Mayor Bridget Miller, City Clerk 19 A1bcrtYillc Mayor and Council Communication July 29, 2009 SUBJECT: FINANCE - STORMWATER REPORT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to adopt Resolution No. 2009-028 increasing the rate for the storm water utility as follows effective September 2009. Storm Water rates (bimonthly): Storm water 1 Residential Storm water 2 Residential Storm water 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% Golf Course BACKGROUND — STORMWATER RATES $8.00 flat fee (increase of $1.00) $11.12 flat fee (increase of $1.3 9) $20.00 flat fee (increase of $2.50) $12.58 per acre (increase of $1.57) $23.70 per acre (increase of $2.96) $33.32 per acre (increase of $4.16) $59.96 per acre (increase of $7.49) $2.00 per acre In 2007, the Council approved the Sale of $800,000 of General Obligation Bonds for the Stormwater Mitigation Pond Project. The Bonds were to be paid $400,000 via a Special Assessment and $400,000 via a storm water utility rate increase. At the conclusion of the assessment process, the Special Assessment was reduced another $200,000. Below is the option that Council approved at the September 4, 2007 meeting. Phase I increase: bi-monthly(September 2007) Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $7.00 flat fee (increase of $3.00) $9.73 flat fee (increase of $4.17) $17.50 flat fee (increase of $7.50) $11.01 per acre (increase of $4.72) $20.74 per acre (increase of $8.89) $29.16 per acre (increase of $12.50) $52.47 per acre (increase of $22.49) Below is the proposed Phase II Increase: bi-monthly (September 2009) Storm water 1 Residential $8.00 flat fee (increase of $1.00) Storm water 2 Residential $11.12 flat fee (increase of $1.39) Storm water 3 Residential $20.00 flat fee (increase of $2.50) M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 stwtrl Report.doc Agenda Item No. S. E.3. Meeting Date August 3, 2009 Mayor and Council Communication — July 29, 2009 Finance - Stormwater Rate Page 2 of 2 Non-residential impervious 0-5% $12.58 per acre (increase of $1.57) Non-residential impervious 6-35% $23.70 per acre (increase of $2.96) Non-residential impervious 36-65% $33.32 per acre (increase of $4.16) Non-residential impervious 66-100% $59.96 per acre (increase of $7.49) KEY ISSUES: • The need to fund the additional $200,000 resulting from the decreased assessment. • Litigation costs • A number of potential stormwater projects exist including 54th and Barthel; Ditch 9; and others to be identified by the Stormwater study. Projects could range from $500,000 to in excess of $1,000,000. POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all rate/fee increases. FINANCIAL CONSIDERATIONS: The attached exhibit shows the cash flows for normal operations and the bond payments for the Stormwater fund. Items that are not included in the cash flow are the Stormwater Study, Issues outstanding with the school, other on going drainage issues, Ditch 9, 541h Street and Barthel, and any other items that are not considered a day to day operation of the Stormwater Fund. LEGAL CONSIDERATIONS: Stormwater Rates are authorized by Ordinance and set by Resolution of the City Council. The Bond covenants dictate that the City has a plan consistent with the plan adopted at issuance. Respectfully submitted, Larry R. Kruse bhrl City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2009-028 M:\Public Data\City Council\Council Packet inform ation\2009\08-03-09\08 03 2009 stwtrl Report.doc Agenda Item No. 8.E.3. Meeting Date August 3, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-028 RESOLUTION SETTING STORMWATER UTILITY RATES WHEREAS, the Albertville City Council sets the Stormwater Utility rates by resolution; and WHEREAS, the City has undertaken a storm water ponding improvement and has issued bonds to finance such improvement; and WHEREAS, the City will repay the bonds in part from increased storm water rates; NOW, THEREFORE, the City Council hereby sets the Stormwater Utility Rates effective for bills sent in September 2009 as follows: Stormwater rates (bimonthly) for September 2009 (increase 2): Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% Golf Course $8.00 flat fee (increase of $1.00) $11.12 flat fee (increase of $1.39) $20.00 flat fee (increase of $2.50) $12.58 per acre (increase of $1.57) $23.70 per acre (increase of $2.96) $33.32 per acre (increase of $4.16) $59.96 per acre (increase of $7.49) $2.00 per acre Adopted by the City Council of the City of Albertville this 3rd day of July 2009. 23 A,lbertvi lle Mayor and Council Communication s." ? u.d.o. 09 e+w ur. July 28, 2009 SUBJECT: FINANCE - TIF 10 AND TIF 11 REPORTS BACKGROUND: Council approved to close out the negative fund balances in TIF 10 and TIF 11 with a year end transfer. At that time Council directed staff to research why these particular districts had negative balances. FINDINGS: Staff researched the districts and found that when they were created they had a negative fund balance due to the creation of the district. Back in 1999 the cost to create the district were charged to the TIF funds in error. These are city costs that are not reimbursed by TIF dollars according to the TIF Documents. The amounts were brought up in prior audits, but the City has budgeted monies annually in the general fund budget. The balance of the City contribution to TIF in 2008 had enough in the fund to allow the transfers and close out the accounts. KEY ISSUES: • none PRACTICES/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, 6VIZZ b*n Larry R. Kruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 E4 TIF Report.doc Agenda Item No. S. E.4. Meeting Date August 3, 2009 A,lber'tYll,£ Mayor and Council Communication s,..ou't- u.e.o. erotuvur- July 28, 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. ACCOUNTS RECEIVABLE Total accounts receivable outstanding through July 29, 2009 is $40,770.84 The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $9,534.01 23.38% 30-60 days outstanding $5,167.50 12.67% 60-90 days outstanding $1,683.42 4.13% Over 90 days outstanding $24,385.91 59.81% The majority of the over 90 days outstanding are due to Albertville Holdings, Edina Development, Gold Key, Schuett Group. KEY ISSUES: • Gold Key and Edina Development outstanding bills may not be collectable • Albertville Holdings bill have been turned over to the City Attorney for collection • Towne Lakes 5th and 6th if not paid by April 9, 2009 we will draw off the letter of credit PRACTICES/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. Kruse bty-1 City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 E4 Finance Report.doc Agenda Item No. 8.E.5. Meeting Date August 3, 2009 Mayor and Council Communication - July 28, 2009 Finance Director - Monthly Report 2 of 2 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over 152 CLUB $45.00 $45.00 ALBERTVILLE HOLDINGS $2,600.77 $2,600.77 ALBERTVILLE PLAZA $855.00 $855.00 ANDERSON, DANIEL $940.00 $940.00 CASCADE II $539.00 $376.50 $162.50 CIT GROUP $320.63 $320.63 COLLYARD GROUP $429.29 $429.29 CPG PARTNERS $1,178.55 $300.00 $162.50 $152.50 $563.55 DOMINIUM MGMT SERVICES $2,567.50 $2,095.00 $472.50 DORBOR, MEAIH & JENNEH $326.49 $213.76 $112.73 EDINA DEVELOPMENT $4,158.09 $320.63 $3,837.46 FRIENDLY CITY DAYS $210.00 $210.00 FULL MOON SALOON $45.00 $45.00 GOLD KEY $10,392.44 $10,392.44 KHAMOPHONE OUDOMPHONE $213.76 $213.76 LCI SUPPLY $527.65 $45.00 $482.65 MAJORS SPORTS BAR $45.00 $45.00 MORTGAGE ELECT REG $213.76 $213.76 MOSAIC FINE HOMES $113.62 $113.62 NATIONAL CITY BANK $156.88 $106.88 $50.00 NEIDERMEIER, KURT $121.90 $121.90 NENG, VANG $52.92 $52.92 NIEMEYER TRAILER SALES $4,920.08 $1,795.00 $2,560.00 $565.08 PHIL MORRIS $124.28 $100.55 $23.73 QUALITY TITLE $247.50 $247.50 ROTHI FAMILY TRUS $427.51 $427.51 RUIZ, DANIEL $764.16 $764.16 SCHOELLER, JEFFERY $266.67 $213.75 $52.92 SCHUETT R/E GROUP $3,168.82 $3,168.82 SHOPPES AT PRAIRIE RUN - FINKEN $792.02 $792.02 SOUN, CHANLOR $113.62 $113.62 TOWNE LAKES 5TH, SCHERER BROS. $75.00 $75.00 TOWNE LAKES 6TH, ALLIANCE BANK $3,283.55 $1,202.50 $477.50 $965.84 $637.71 URKE, ROBBIE $106.88 $106.88 WELCOME FURNITURE $427.50 $265.00 $162.50 Total $40,770.84 $9,534.01 $5,167.50 $1,683.42 $24,385.91 Current 0-30 days $9,534.01 23.38% 30-60 days $5,167.50 12.67% 60-90 days $1,683.42 4.13% over 90 day $24,385.91 59.81 % M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 E4 Finance Report.doc Agenda Item No. 8. E.5. Meeting Date August 3, 2009 b£Y'tVlll �£ Mayor and Council Communication smd T— Wk.g. sb tRW Ub. July 23, 2009 SUBJECT: 0 CITY CLERK — ALBERTVILLE LIONS ONE -DAY TEMPORARY INTOXICATING LIQUOR LICENSES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve a 1-Day Temporary Intoxicating Liquor License application submitted by the Albertville Lions for the Annual Albertville Fire Department Retirement Dinner that is a social event where retirees are invited that will be held at the Albertville Fire Hall on Saturday, September 19, 2009 from 3:00 p.m. to 12:00 mid -night; and Motion to reduce the $220 City fee for the 1-Day Temporary Intoxicating Liquor License to $55.00; and Motion to allow intoxicating liquor to be served in a city owned (public) facility. BACKGROUND: In 2008, was the first time that the Albertville Fire Department and the Albertville Lions hosted the annual Fire Department Retirement Dinner, in which the Albertville Lions applied for a 1-Day Temporary Intoxicating Liquor License to serve Intoxicating Liquor during the event that was held in the Albertville Fire Hall. KEY ISSUES: • The Albertville Lions organization have previously submitted and been approved for five (5) 3.2% Malt Liquor Licenses in the 2009 calendar year. • Along with City Council approval; the application must be submitted to the State of Minnesota Alcohol and Gambling Department for approval. • The Albertville Lions have submitted a copy of the Certificate of Insurance for Dram Shop to the City Clerk. POLICY CONSIDERATIONS: The Mayor and City Council review applications for Gambling Permits and Liquor Licenses within the Albertville city limits. FINANCIAL CONSIDERATIONS: The fee generally charged for a 1-4 Day Temporary Intoxicating Liquor License is $220 that is collected from the applicant for a liquor license. Reducing the fee from $220 to $55 decreases the financial revenue. M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 City Clerk -Albertville Lions Temp Intoxicating Liquor Licenses.doc Agenda Item No. 8.F.1. Meeting Date August 3, 2009 r Mayor and Council Communication — July 23, 2009 City Clerk — Albertville Lions 1-4 Day Intoxicating Liq Lic Page 2 of 2 LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all gambling permit and liquor license applications received by the City of Albertville. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 City Clerk -Albertville Lions Temp Intoxicating Liquor Licenses.doc Agenda Item No. 8. F.1.. Meeting Date August 3, 2009 Mayor and Council Communication Nbertville SwwN tioae3w Wna. ft taw life. July 27, 2009 SUBJECT: CITY CLERK REPORT —152 CLUB AND ALBERTVILLE LIONS TWO (2) TEMPORARY OUTDOOR MUSIC PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to amend Title 5, Chapter 5, Section 3 of the 2005 Albertville Municipal City Code Exception language as follows: The location of the live outdoor musical performance must be at least one -hundred twenty feet 120' from any residence located in a residential zoning district. Koo Motion to approve the request submitted by the 152 Club and the Albertville Lions for a Temporary Outdoor Music Permit on Saturday, September 12, 2009 at 5794 Main Avenue NE for the hours of 2:00 p.m. to 12:00 mid -night. and Motion to approve the request submitted by the 152 Club and the Albertville Lions for a Temporary Outdoor Music Permit on Saturday, October 3, 2009 at 5794 Main Avenue NE for the hours of 2:00 p.m. to 12:00 mid -night. BACKGROUND: At the September 6, 2005 City Council meeting the Albertville Council reviewed the application from the 152 Club for a Temporary Outdoor Music Permit, in which the City Council approved with the following conditions: Mayor Peterson recommended allowing the Live Outdoor Music permit this one time under the condition should the City receives one complaint, another request will not be granted. The 152 Club must provide a waiver from the homeowner(s) within 400' for their approval of the Live Outdoor Music. Council member Berning made a request to face the band towards the railroad directing the music away from the residential homes. Also, should the City request the music to be turned down, the 152 Club must comply. In 2006 and 2007, the 152 Club re -applied for a Temporary Outdoor Music Permit, which was approved by the Council with the same conditions that were set in 2005. Again, the 152 Club submitted their permit application in 2008, in which they requested two (2) days. The two (2) Temporary Outdoor Music Permits were approved with the same conditions that were set in 2005. M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 City Clerk RCA (152 Club Outdoor Music Permit).doc Agenda Item No. . F. Meeting Date August 3, 2009 Mayor and Council Communication — July 27, 2009 City Clerk —152 Club and Albertville Lions Temporary Outdoor Music Permit Page 2 of ;; On Monday, July 27, 2009 City staff received the 2009 Temporary Outdoor Music Permit(s) from the 152 Club, which included the Albertville Lions. The application is for two (2) non- consecutive dates. KEY ISSUES: • Currently, the request conflicts with the ordinance and staff s recommendation is to change the ordinance to reduce the buffer if this type of activity is what the Council wants to allow. • The City did not receive any complaints from homeowners within 400' of the 152 Club in 2005, 2006 or 2007; however, received two (2)complaints in 2008. • In the previous four (4) years of approving the Temporary Outdoor Music Permit, the City has never received copies of the waivers from the 152 Club that were to be submitted by the homeowner(s) within 400' of the 152 Club. • The 152 Club has not had any previous permits this year. Below is a map of properties within 400 feet of the 152 Club. POLICY CONSIDERATIONS: The Mayor and Council review the applications for Temporary Outdoor Music Permits. Additional policy considerations are taken from the 2005 Albertville Municipal City Code: 5-5-1: PUBLIC NUISANCE NOISE PROHIBITED: Except in conjunction with a civic celebration recognized by the city council, or by special permit issued by the city council, no person shall make, continue, or cause to be made any loud, unnecessary, or unusual noise, or any noise which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of others, precludes their enjoyment of property, or affects their property value. This general M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 City Clerk RCA (152 Club Outdoor Music Permit).doc Agenda Item No. 8..L' .), Meeting Date August 3, 2009 Mayor and Council Communication — July 27, 2009 City Clerk —152 Club and Albertville Lions Temporary Outdoor Music Permit Page 3 of 3 prohibition is not limited by the specific restrictions of section 5-5-2 of this chapter. (Ord. 2004-05, 6-7-2004) 5-5-3: EXCEPTION; OUTDOOR MUSICAL PERFORMANCES: The provisions of section 5-5-1 and subsection 5-5-2E of this chapter do not apply to live outdoor musical performances which have a permit approved and issued by the city council. The following criteria shall apply to issuance of a live outdoor musical performance permit: • Any person and/or organization shall be limited to a maximum of two (2) permits per year. • The permit applicant must pay a permit fee as set by the city council by resolution. • In addition to the permit fee, the city may require a security deposit. • The permit applicant must demonstrate that there will be adequate sanitary facilities. • The permit applicant must demonstrate that there will be adequate security at the location of the live outdoor musical performance. • The permit applicant must have sufficient off street parking. • The live outdoor musical performance must not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property. • The location of the live outdoor musical performance must be at least four hundred feet (400') from any residence located in a residential zoning district. • The live outdoor musical performance shall only occur on the dates and during the hours designated by the city council. • The volume of the live outdoor musical performance must be reasonable. (Ord. 2004- 05, 6-7-2004) FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the Temporary Outdoor Music Permit. LEGAL CONSIDERATIONS: The Mayor and Council should not approve temporary outdoor music permits which it knows are against the ordinance. Rather, it would be advisable for the Council to modify the ordinance in such a way to accommodate events which it wants to happen. Options include reducing or eliminating the buffer. Making these changes opens up the opportunity for others businesses to hold similar events in near proximity to residential neighborhoods. Respectfully submitted, Larry R. Kruse bin City Administrator Department/Responsible Person: Administration/ Bridget Miller, City Clerk Attachments: 152 Club and Albertville Lions application(s) M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 City Clerk RCA (152 Club Outdoor Music Permit).doc Q g� Agenda Item No. Q..i' . c� Meeting Date August 3, 2009 A�Ib-crtviljc if Temporary Outdoor Music Permit Temporary Outdoor Music Permit applications must be submitted to the City Clerk by 12:00 noon the Monday Council,Approval prior to the next City Council meeting. 1. Name of Applicant (organization): 2. Premises from which Temporary Outdoor Music will be played on said date: 3. Date(s) of activity: 4. Hours of operation: Applicant's Signature Date 5959 Main Avenue NE P.O. Box 9 Albertville, MN 55301 MAPublic Data\City Clerk\Liquor License\Application Forms\Temporary Outdoor Music Permit.doc 34 A,lbertvi j le Mayor and Council Communication July 28, 2009 SUBJECT: PLANNING DEPARTMENT — ORDINANCE AMENDMENT RELATED TO TEMPORARY PORTABLE SIGNS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: Motion to adopt Ordinance No. 2009-01.3 entitled an Ordinance Amending Section 10-7-7, General Standards of Chapter 7 (Sign Regulations) of the Albertville Building and Development Regulations (Title 10) of the 2005 Albertville Municipal City Code Relating to the Number of Temporary or Portable Signs Allowed. BACKGROUND: On May 4, 2009 the Albertville City Council directed staff to amend the Albertville Sign Code to allow up to six temporary or portable signs through the remainder of 2009 and through December 31, 2010. The purpose of said amendment was to provide local businesses greater advertising opportunities during the difficult economic recession. This' amendment was considered at a July public hearing before the Albertville Planning Commission. Upon review of the amendment, the Planning Commission recommended a change to the ordinance expiration date from December 31, 2010 to December 31, 2009. The attached amendment reflects the Planning Commission recommendation. City Council consideration should discuss the end date and direct staff appropriately. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the City Council. FINANCIAL CONSIDERATIONS: There does not appear to be any financial concerns at this time. LEGAL CONSIDERATIONS: In accordance with Council procedures, the City has the authority to approve or deny ordinance amendments. Respectfully submitted, LwaL�R' Larry R. Kruse City Administrator Department/Responsible Person: Planning/Alan Brixius, City Planner Attachment: Ordinance No. 2009-013 M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Planning Sign Ord Amend RCA.doc Agenda Item No. S.. I . t . Meeting Date August 3, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009 — 013 AN ORDINANCE AMENDING SECTION 10-7-7 (GENERAL STANDARDS) OF CHAPTER 7 (SIGN REGULATIONS) OF THE ALBERTVILLE BUILDING AND DEVELOPMENT REGULATIONS (TITLE 10) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO THE NUMBER OF TEMPORARY AND PORTABLE SIGNS ALLOWED. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Subsection G (Temporary and Portable Signs) of Section 10-7-7 (General Standards) of Chapter 7 (Sign Regulations), relating to the limitation on the number of permits allowed for temporary and portable signs, is hereby amended as follows: 10-7-7: GENERAL STANDARDS G. Temporary and Portable Signs: In all districts, temporary and/or portable signs or banners may be permitted subject to the following: Permit Requirements: c. Limitation on Permits: (1) No more than four (4) permits per calendar year shall be issued to any one property, except for the period of time from August 1, 2009 through December 31, 2009, no more than six (6) permits per calendar year shall be issued to any one property. After December 31, 2009, the number of temporary and portable signs shall be limited to four (4) permits per calendar year per property_ Shopping centers and multiple -tenant buildings shall be counted as one property. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 3rd day of August 2009. Ron Klecker, Mayor Bridget Miller, City Clerk 36 A,lbertvi)]e Mayor and Council Communication �1ftlaww.. July 28, 2009 SUBJECT: 0 ENGINEERING — ALBERTVILLE TOWN HOMES PROJECT ACCEPTANCE AND LETTER OF CREDIT REDUCTION NO. I RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: Motion to accept the municipal improvements of the Albertville Town Home project and commence the 2-year warranty period; and to reduce Letter of Credit No. 290 to no less than $32,218 conditioned upon all outstanding balances owed to the City being paid in full. BACKGROUND: Dominium Development has requested a reduction to the letter of credit held for the Albertville Town Homes. This Letter of Credit was established as surety for the municipal improvements, selective private improvements, and landscaping requirements of the development and is currently in the amount of $461,707. To date, all required improvements have been installed and have been found to be in general conformance with plans and specifications. Staff will continue to work with the Developer to complete the record drawings, finalize the project, and address erosion control and miscellaneous issues as needed. Assuming the Developer is current with all fees owed to the City, the following is recommended: 1. City acceptance of the municipal improvements and commencement of the two (2) year warranty period. 2. City approval of reduction to Letter of Credit No. 290 from $461,707 to no less than $32,218. The above recommendations are consistent with the development agreement and the reduced letter of credit amount is believed to be sufficient performance and warranty security. No further reductions will be recommended until July of 2010 and will be dependant upon site review by staff. KEY ISSUES: • Upon Acceptance, 2-year warranty period will begin. • Existing LOC is reduced from $461,707 to $32,218. • Recommendation is consistent with development contract. • No further reductions will be recommended prior to the 1-year anniversary of the warranty period. M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Engineering Town Homes RCA (LOC Reduct 1).doc Agenda Item No. 8.1.1.. Meeting Date August 3, 2009 Mayor and Council Communication — July 28, 2009 Engineering — Albertville Town Homes Page 2 of 2 POLICY CONSIDERATIONS: It is City policy to have all letter of credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to reduce the letter of credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. Respectfully submitted, Loj� R, 6'�-ag Larry R. Kruse bnl City Administrator Department/Responsible Person: City Engineer/Adam Nafstad Attachments: Project Acceptance & LOC Reduction Recommendation. Letter M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Engineering Town Homes RCA (LOC Reduct 1).doc pp yy Agenda Item No. Meeting Date August 3, 2009 Consulting Engineers & Surveyors 7533 Sunwood Drive NW - Ramsey, MN 55303 Phone (763) 433-2851 - Fax (763) 427-0833 www.bolton-monk.com July 27, 2009 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P. U. Box 9 Albertville, MN 55301 RE: Albertville Townhornes Letter of Credit Reduction No. 1/Project Acceptance Honorable Mayor and City Council: Dominiurn Development has requested a reduction to the letter of credit held for the Albertville Town Homes. This Letter of Credit was established as surety for the municipal improvements, selective private improvements, and landscaping requirements of the development and is currently in the amount of $461,707. To date, all required improvements have been installed and have been found to be in general conformance with plans and specifications. Staff will continue to work with the Developer to complete the record drawings, finalize the project, and address erosion control and iniscellaneous issues as needed. Assuming the Developer is current with all fees owed to the City, the following is recommended: 1. City acceptance of the municipal improvements and commencement of the two (2) year warranty period. 2. City approval of reduction to Letter of Credit No. 290 from $461,707 to no less than $32,218. The above recommendations are consistent with the development agreement and the reduced letter of credit amount is believed to be sufficient performance and warranty security. Please let me know if you have any questions or would like any additional information. Sincerely, BOLTON 8c MEND, INC. Adamm Naf ad P. E. Albertville City Engineer Cc: Tina Lannes - Finance Director Bridget Miller - City Clerk David Dye - Dominiurn DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 39 �lbcrtvijje Mayor and Council Communication July 28, 2009 SUBJECT: ENGINEERING - TOWNE LAKES TRAIL EXTENSION RECOMMENDATION: This space on the agenda is reserved for the City Council to discuss and consider completing a segment of bituminous trail located on Outlot B of the Towne Lakes 6th Addition plat. The plan for this trail was intended for the developer of the 7th Addition to complete and pay for it. Staff recommends that if the council wants the trail completed sooner to have the Towne Lakes Association pay for the improvement. It is respectfully requested that the Mayor and Council consider the following motions, should the City desire to complete the trail segment: Motion accept the quote from Oman Brothers, Inc., in the amount of $3,200, to complete the bituminous trail segment located on Outlot B of the Towne Lakes 6th Addition conditioned upon the cost of the improvement be reimbursement to the City of Albertville from the Towne Lakes Association. Me Motion accept the quote from Oman Brothers, Inc., in the amount of $3,200, to complete the bituminous trail segment located on Outlot B of the Towne Lakes 6th Addition with park trail funds. BACKGROUND: As part of the construction requirements for Towne Lakes 1, 2, 3, 4, and 5, pedestrian trails were constructed to create a trail network between the additions, as well as, to link the developments with other parts of the city. During construction of the Towne Lakes 5th Addition, one of the trails was dead -ended at the boundary of the 5th Addition and 6th Addition. It has always been anticipated that this trail will be completed when Outlot B of the 61h Addition (aka Towne Lakes 7th) is developed. This is still the case; however, it is feared that this won't be real soon. Recently the Towne Lakes 6th Addition property changed ownership and is now owned by M&I Bank Corp. Given the current ownership, and the fact that the City has no development contract with M&I for the 7tb Addition, completion of the trail in advance of development & platting of the 71h Addition would require City funding. Due to several requests/complaints from residents and not knowing when Outlot B will be developed, the City Council has directed staff to request the necessary easements/permission from M&I and to solicit quotes to complete the segment of trail in advance of development of the 7th Addition. M&I has agreed to grant the necessary easement and staff has received a quote from Oman Bros., Inc. in the amount of $3,200 to complete the trail segment. M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Engineering - Towne Lakes Trail RCA.doc Agenda Item No. 8.1.2. Meeting Date August 3, 2009 Mayor and Council Communication — July 28, 2009 Engineering — Towne Lakes Trail Page 2 of 2 KEY ISSUES: • Trail easement has been granted by M&I. • Quoted construction cost is $3,200. • The first motion has yet to be presented to the Towne Lakes Association • Other residents throughout the city have came forward with similar requests • Park Trail Fund has $88,760 as a balance with numerous projects to fund POLICY CONSIDERATIONS: Making of improvements and acceptance of quotes is subject to Mayor and City Council approval. FINANCIAL CONSIDERATIONS: Completion of the trail segment was not specifically budgeted for. Available parks trails funds, and/or general funds would be utilized to complete the trail segment. In the park trail fund there is currently $88,760 available. This may sound like a lot of money, but the City of Albertville has several trails to be maintained, repaired and completed of which will cost significantly more than what is available currently (hundreds of thousands of dollars). LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to order improvements and accept or reject quotes for municipal improvements. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: City Engineer/Adam Nafstad Attachments: Trail Easement and Exhibit M:\Public Data\Requests for Council Actions (RCA)\2009\08 03 2009 Engineering - Towne Lakes Trail RCA.doc Agenda Item No. O..1..2. Meeting Date August 3, 2009 TEMPORARY TRAIL EASEMENT THIS INDENTURE, made this day of , 2009, by and between Marshall & Ilsley Bank ("M&I"), (Grantor); and the City of Albertville, Wright County, Minnesota, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents, does bargain, sell and transfer unto the City of Albertville its successors and assigns the following: A temporary trail easement, for the purpose of constructing, maintaining, and public use of a trail, over, under and across that area shown on the attached Trail Easement Exhibit over that part of Outlot B, Towne Lakes 6th Addition, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Beginning at a point on the southerly line of said Outlot B, also known as the northeast corner of Lot 7, Block 7, TOWNE LAKES 5TH ADDITION; thence North 71 degrees 04 minutes 10 seconds West, along the northerly line of said Lot 7 and its westerly extension, a distance of 197.08 feet; thence North 18 degrees 55 minutes 08 seconds East, a distance of 40.00 feet; thence South 71 degrees 04 minutes 10 seconds East, a distance of 221.26 feet; thence South 18 degrees 55 minutes 50 seconds West, a distance of 40.00 feet to a point which bears South 71 degrees 04 minutes 10 seconds East from the point of beginning; thence North 71 degrees 04 minutes 10 seconds West, a distance of 24.17 feet to the point of beginning. M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 Engineering Temp Trail Easement.docc Agenda Item No. 8.1.2. Meeting Date August 3, 2009 43 Said temporary trail easement shall expire when, to the City's satisfaction, the temporary easement is replaced by a permanent trail easement dedication. Grantor does hereby covenant with the City of Albertville, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. Marshall & Ilsley Bank By: Its: STATE OF MINNESOTA ) ) S.S. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 2009, by as Marshall & Ilsley Bank, Grantor. SIGNATURE OF NOTARY This instrument was drafted by: Couri & MacArthur Law Office 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 day of of M:\Public Data\City CouncihCouncil Packet information\2009\08-03-09\08 03 2009 Engineering Temp Trail Easement.docc Agenda Item No. 8.1.2. Meeting Date August 3, 2009 p '6 J N U U vV'v U3O 0 to N Y a o C h CID p ��sa4 �'� Oc� �o ° o a° c U O W N fn r�ao 6 0 3 V O' r. v v.- tp r` _ U cn C N Z O -° 7 a m X .. ._" v 0 -Z O L •_ ++ O r; v •- O O 0 � Q) � A a o iz as ++ J Q s x U C N C U C O_ N O O O� m w c ��a�� m 0 c 0 3 '�U o Om 0 0 4> U aO C.CJ 0 a� t o N z E LO ~ O0+ V �cn o Q�'i O.c vCC�Q7O—+aq._OS:U w a Uc p(n m.,c'N Q>O —,_ D,�;6- 6•� c d U) �v fl' ro Uin r F-to LLJ O `s' O ,�- +,0 vim. �_ A ijj �' vp o'v,o�Q�' E�c3� f ova z '`'n O Ki Oa o o,_ C�QJha=�G_pC�COt1L0� vo c vw r:. 0_+ moo E rnv ¢ O V y U p y C �O% £Q �(N� �0� +L + �' v N 4 n C c T4 3 L/1 _ n _" Q U 0 J Q CL F O lJ. Z a ¢-v m C�Z° r� Otnn 00 O n ocnwz3 a.` p 0 41,0 m 00'0 8l S w Lr) 00w L I rr m Q � � ., . W C LO �' Lu old R r W r F. WLL a t� t Za O 0 L, LIJ 4 O/ ^ W W 0 �Q" �/ O -ice\ ` ��` 0`r R Z ,f � 44 Jf re } / Q� fZj�J V l ci i— Z J / Q. / r_ tz 2'`' /f 0 Z" t / / - 0 co � O 6n DD to H m J 45 1 C1-*-. Consulting Engineers & Surveyors + 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: July 28, 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 July 28, 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 Installation of the watermain and sanitary sewer will be completed the week of August 3rd, as well as, plumbing of the lift station and valve manhole. The project has been progressing extremely well and as planned. Restoration work will begin the first week of August and it is expected that the project will be substantially complete by mid August. 3. CSAH 19 Project 57tb Street to Albertville Southerly Limits) All construction requirements have been completed and it is expected that the County will finalize the project later this summer. 4. I-94 Westbound Collector Distributor Road SRF is ahead of the design schedule on will be delivering 95% plans in September. As a recipient of $5,440,000 from the Chapter 152 Interchange Program, staff is working to coordinate an implementation plan for Council to review. It is believed that project letting will occur as early as April of 2010. 5. 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. M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 Engineering Project Status July 28, 2009.doc Agenda Item No. 8.13. Meeting Date August 3, 2009 47 ® Albertville Project Status Update 1 7/28/09 �'.. Page 2of3 6. Phil Morris Lift Station The driveway has been completed and site restoration is underway. The site will be restored by staff the week of August 3ra 7. 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. 8. Pavement Management Plan Staff is working to rank and prioritize roadway maintenance and repairs, and ultimately develop and 5 year comprehensive street maintenance plan. 9. 2009 Municipal State Aid S stem Staff is reviewing potential use of MSA funds. The current MSA fund balance is approximately $1,000,000. 10. Albert Villas 6th Addition — 2009 Improvements Westar Curb as been awarded the project and is expected to begin work by mid August. All work will be completed within four days of commencement. 11. 2009 Seal Coat Improvements The 2009 Seal Coat Improvements have been completed. Additional sweeping and will be performed on an as needed basis. 12. Winter Park Improvements The Contractor will be completing the remaining punchlist items and striping the parking lot the week of August 3' . 13. Franklin Property Sewer Extension Only minor restoration items remain to be completed. Upon completion of all items and with Mr. and Mrs. Franklins authorization, a recommendation for final payment and project acceptance will be submitted for Council approval. 14. CSAH 37 Bridge Congestion Staff will be meeting with MnDOT, Wright County, and Otsego to discuss the CSAH 37 signal delays and bridge congestion. It is believed that revised striping and minor signal revisions would significantly reduce delays. M:\Public Data\City Council\Council Packet information\2009\08-03-09\08 03 2009 Engineering Project Status July 28, 2009.doc Agenda Item No. 8.13. Meeting Date August 3, 2009 M Albertville Project Status Update 7/28/09 Page 3 of 3 15. 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. 16. 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. Public works will be completing the work the first week of August. 17. Towne Lakes Trail Extension M&I Bank has granted the City a trail easement to complete the "Woods" trail segment and staff will be presenting Council with a quote of $3,200 from Oman Brothers to complete the trail. 18. Karston Cove 3rd Addition The Developer has been diligently working to secure a subcontractor to completed key punchlist items. If the Developer is unable to complete the items within the next few weeks, the City will consider completing the improvements with the previously drawn letter of credit. 19. CSAH 37 and Mackenzie Avenue Turn Lane As directed by Council, staff is researching the request of Mr. Potter for City consideration of a right turn lane at the CSAH 37 and Mackenzie intersection. Staff has met with the County regarding the request and will report to Council at the second meeting in August. I will be at your August 3rd 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\08-03-09\08 03 2009 Engineering Project Status July 28, 2009.doc Agenda Item No. 8.1.3. Meeting Date August 3, 2009 M .A\1bertvyi11e1 ALBERTVILLE CITY COUNCIL BUDGET WORKSHOP AGENDA MONDAY, AUGUST 3, 2009 Following Council meeting 1. RE -OPEN THE BUDGET WORKSHOP 2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 3. CONTINUE DISCUSSION OF PRELIMINARY BUDGET 4. ADJOURNMENT