The URL can be used to link to this page

2009-09-21 CC Packet10 Nbertville City of Albertville Council Agenda sa mm %n umhw fMp GbV Ufa. SEPTEMBER 21, 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 A. STMA Women of Today — Presentation of Proclamation (to be distributed at the meeting) 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. MINUTES A. Approve Tuesday, September 8, 2009 regular City Council minutes (pgs. 1-16) 7. 0 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 1* 8.11.1. Public Works — PW Directors Report (pg. 17) 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 19-28) 8.E.2. Finance — Wright County Sheriff 2010-2011 Contract (pgs. 29-34) 8.F.1. City Clerk — St. Michael Lions Gambling Permit (pgs. 35-37) 8. DEPARTMENT BUSINESS City of Albertville Council Agenda September 21, 2009 Page 2 of 3 A. Fire Department B. Public Works Department 1). 0 Accept the Public Works Department Report dated September 14, 2009 (pg. 17) C. Utilities Department (WWTP) D. Building Department E. Finance Department 1). 0 Authorize the Monday, September 21, 2009 Payment of Claims (bills) for check numbers 027466 to 027520 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 19-28) 2). 0 Approve the 2010-2011 Wright County Sheriff Department Contract for Police Protection for the City of Albertville (pgs. 29-34) F. City Clerk 1). 0 Approve a Minnesota Lawful Gambling License for the St. Michael Lions Club to sell Raffle tickets throughout the Albertville city limits from January 1, 2010 to March 1, 2010, in which a drawing will take place on March 5, 2010 at St. Albert Parish Center located at 5700 Lander Avenue NE within the Albertville city limits (pgs. 35-37) G. City Council 1). Oral Update on the STMA Ice Arena Board meeting (if applicable) 2). Oral Update on the Planning and Zoning Commission meeting (if applicable) H. Planning and Zoning 1). Sprung Building Presentation (STMA Arena) I. Engineering 1). Written Update on Kalland Avenue Sidewalk and Adopt one (1) of the four (4) Options (pgs. 39-40) 2). Written Update on Four Season Parks Tennis Court(s) (pg. 41) I Legal 1). Approve City of Albertville Resolution No. 2009-033 entitled Consent to Charter Restructuring (pgs. 43-46) 2). Approve Ordinance No. 2009-016 entitled an Ordinance Requiring Registration of Vacant Buildings (pgs. 47-52) 3). Approve Agreement for Waiver of Objection to Special Assessment for SAC and WAC Charges (pgs. 53-56) 4). Accept the City Attorney's Report dated September 16, 2009 (pgs. 57-58 K. Administration 1). Oral City Administrator's Update M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 1-A Agenda.doc Meeting Date: September 21, 2009 City of Albertville Council Agenda September 21, 2009 Page 3 of 3 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS September 2009 28 6:00 p.m. Joint Powers Water Board meeting 28 7:00 p.m. Committee of the Whole Workshop (tentative) 30 6:00 P.m. Jt. Cities of Albertville & St. Michael and STMA School Board mtg (new STMA High School) 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) 1.3 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 1 2:00 a.m. Daylight Savings Ends 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 11 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) December 2009 7 6:30 p.m. Truth -in -Taxation Hearing 7 7:00 p.m. City Council meeting 8 7:00 p.m. Planning and Zoning Commission meeting 14 6:00 p.m. STMA Ice Arena Board meeting 21 6:30 p.m. Truth -in -Taxation Hearing (if necessary) 21 7:00 p.m. City Council meeting 23 1:30 p.m. Christmas Day observed — City offices closing early 24 all day Christmas Day observed — City offices closed 26 6:00 p.m. Joint Powers Water Board meeting 26 7:00 p.m. Committee of the Whole Workshop (tentative) 31 1:30 p.m. New Year's Day observed — City offices closing early 11. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 1-A Agenda.doc Meeting Date: September 21, 2009 A,lb£r'tVlll£ Mayor and Council Communication September 14, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to approve the Tuesday, September 8, 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: • Amend the content of the minutes if necessary to reflect the true action taken or statements made. • Minutes are to reflect the motions made by the Council during a regular and or special City Council meeting. • Approve the minutes that have been prepared by the Recording Secretary as presented in the Council packet. • 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. 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, &rryUR.use'�� City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: September 8, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 City Council minutes RCA.doc Agenda Item No. 6. Meeting Date September 21, 2009 A,lbertville SnKka TOUM Uvins. dig ON Ufa, ALBERTVILLE CITY COUNCIL TUESDAY SEPTEMBER 8, 2009 MINUTES ALBERTVILLE CITY HALL Mayor Klecker called the Tuesday, September 8, 200� regular City Council m 7:01 p.m. Klecker informed the public that the Council 3?v�l say` iho Pledge of ROLL CALL 7:00 PM order at DanVagner, John Vetsch, and -use, City Engineer Adam Nafstad, City Finance Director Tina Lannes, Utilities A! et Miller — no comments 8.J.3. Legal — Prairie Run Letter of Credit 8.K.2. Administration — landscaping and Signage on City property south of the Railroad tracks MOTION BY Council member Sorensen, seconded by Council member Fay to approve the Tuesday, September 8, 2009 regular City Council agenda to include the following items: M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doe Agenda Item No. 6® Meeting Date September 21, 2009 001 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 2 of 15 8.13. Legal — Prairie Run Letter of Credit 8.K.2. Administration — landscaping and Signage on City property south of the Railroad tracks Motion carried unanimously. MINUTES August 17, 2009 regular City Council minutes MOTION BY Council member Vetsch, seconded by Council member Sorensen to approve the Monday, August 17, 2009 regular City Council minutes"as presented, that will,be:. printed and signed; after signing the minutes will be scanned and the electronic scanned vef§!& will be kept on file in the office of the City Clerk that will serve `asthe official copy. Motion carried unanimously. CONSENT AGENDA CONSENT AGENDA All items with an asterisk 1 axe considered enacted by one motion. There will be no sepa member, staff, or citl.e� o requests ; In such Agenda; a separate discussgn willake place considered in its normal sequencenheer ture by the City staff and will be these items unless a Council the item will be removed from the Consent the General Order of Business and - will require a separate motion. There were eight (8) Yisted the Consent Agenda: Acceptthe Utilities Depent Superintendent's Report Update dated Thursday, August 27, 2009 0 Accept the$lding Official's Report dated August 20, 2009; Authorize thetiesday, Stember 8, 2009 Payment of Claims (bills) for check numbers 027412 to 0274.58, Approval Resolut a -KNo. 2009-029 entitled a Resolution Acknowledging a Donation from the Knights of Columbus (KC) Organization in the amount of $2,000 from the Knights of Columbus Organization to be applied towards the Friendly City Days Committee 2009 expenses; Set Monday, December 7, 2009 for the 2009 Truth -in -Taxation Hearing beginning at 6:15 p.m.; and Monday, December 21, 2009 beginning at 6:30 p.m. to continue the Truth -in -Taxation Hearing if necessary; Approve amending the STMA Arena Board Promissory Note payable for the Locker Room addition to change and extend the final payment of $51,328.94 due April 29, 2010 to $26,651.57 due April 29, 2010 and $25,664.47 due April 29, 2011; M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 3 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 3 of 15 Authorize staff to reduce Letter of Credit No. 805 to no less than $40,870 upon satisfactory completion of the required street and county road improvements and all outstanding balances owed to the City being paid in full; Approve the Ordinance Amendments relating to the Electric Franchise Agreements: Approve Ordinance No. 2009-01.4 entitled an Ordinance Granting to WRIGHT HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Albertville, Minnesota, an Electric Distribution System and Transmission Lines, In ding Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purposes; and Approve Ordinance No. 2009-015 entitled an ( STATES POWER COMPANY, a Minnesota Corporation,,D Corporation, its Successors and Assigns, Permission to Cflri§t in the City of Albertville, Minnesota, an Electric Distbution Including Necessary Poles, Lines, Fixtures and Apoenance Energy to the City, its Inhabitants, and Others, an' the of the City for Such Purposes ` No items were pulled from the Consent ranting to NORTHERN 91 m and Ti* the Furnishi c Ways and Y, a Minnesota and Maintain ission Lines, Grounds MOTION BY Council member Sorensen, second tlby Mayor Klecker to approve the Tuesday, September 8, 2009 Consent Agenda that included the vl owing eight (8) items: Accept the Utilities Department Superintendent's Report ijpdate datedt�rsday, August 27, 2009; Accept the Building Official's Reporfided August 20, 009; Authorize the Tuesday, September 8, 2009 Payment of Claims (bills for cheek^numbers 027412 to 027458; Approval Resolution No. 2009- 029 entitled a Resohifffi"cknowl c ging a Donation from the Knights of Columbus (KC) Organization in the amou! 6f $2,0 Mfrom the Kn ' s( of Columbus Organization to be applied towards the Fri nd y City Da Commttt E -9 e penses; Set Monday, December 7, 2009 for the 2009 T 61 21 i -d on Heii*i4%j"g beginning' t 6:15 p.m.; and Monday, December 21, 2009 beginnt�"at 6:30 p m�ntmue Truth -in -Taxation Hearing if necessary; Approve amendi g the STMA Arena card Pr mt$sory Note payable for the Locker Room addition to change t "Mend the final �ment ¢ $51,328.94 due April 29, 2010 to $26,651.57 due April 29, 2010 an 1-5 664.47 due "" 129, 2011; Authorize staff to reduce Letter of Credit No. 805 z to no less thanW70 upon."ctisfactory completion of the required street and county road improvements and3 outstding balances owed to the City being paid in full; Approve the Ordinance Amendm atmg to the Electric Franchise Agreements: Approve Ordinance No. 2009-014 entitled an Ornance Granting to WRIGHT HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Albertville, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purposes; and Approve Ordinance No. 2009-015 entitled an Ordinance Granting to NORTHERN STATES POWER COMPANY, a Minnesota Corporation, D/B/A XCEL ENERGY, a Minnesota Corporation, its Successors and M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 a] City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 4 of 15 Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Albertville, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public. Ways and Public Grounds of the City for Such Purposes, in which none of the items required further discussion and a separate motion. Motion carried unanimously. cgust 27, :ilities � carried ,cept the ,ers VG/Wll. to VG/'fJ0 MOTION BY Council member Sorensen, seconded by Mayor Klecker to authorize the Tuesday, September 8, 2009 Payment of Claims (bills) for check numbers 027412 to 027458 as presented except the bills specifically pulled, which are passed by separate motion. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 5 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 5 of 15 AN Approval Resolution No. 2009-029 entitled a Resolution Acknowledging a Donation from the Knights of Columbus (KC) Organization in the amount of $2, 000 from the Knights of Columbus Organization to be applied towards the Friendly City Days Committee 2009 expenses MOTION BY Council member Sorensen, seconded by Mayor Klecker to approve Resolution No. 2009-029 entitled a Resolution Acknowledging a Donation from the Knights of Columbus (KC) Organization in the amount of $2,000 from the Knights of CoU6Ab '§'Organization to be applied towards the Friendly City Days Committee 2009 expens lvtotion carried unanimously. AV Approve amending the � � ,rena Board Promissory Note payable for the Locker Room addition to change anE i tend the)nal payment' $51,328.94 due April 29, 2010 to $26, 651.57 due April 29, 2010 rtnd-25, 664 47ue April 29, �U MOTION VY C c membd,�orensen, seconded by Mayor Klecker to approve amending the STMA Mena Board Prbqj ory IU payable for the Locker Room addition to change and exteud)"thfinal payment of, 1,328 9 clue April 29, 2010 to $26,651.57 due April 29, 2010 and $25,664 4 rlue April 29, 26i i MotipY carried unanimously. Approve ONE ofResolutions related to Adopting the 2010 Preliminary Property Tax Levy 1. Resolution No 009-030A entitled a Resolution Adopting the 2010 Preliminary Property Tax Levy in the amount of $2, 939, 767 2. Resolution No. 2009-030B entitled a Resolution Adopting the 2010 Preliminary Property Tax Levy in the amount of $2, 954, 017 3. .Resolution No. 2009-030C entitled a Resolution Adopting the 2010 Preliminary Property Tax Levy in the amount of $2, 954,153 M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 M. City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 6of15 Finance Director Lannes began by stating every year the City Council hold(s) budget workshops to review and evaluate the financial status of the city. In April 2009, the Auditor presented the annual Audit to the City Council. At that time the Auditor brought to the Council's attention the fact that the General Fund Reserves are at the lower end of the spectrum of what the Auditor's want to see and what the State Auditor recommends. It was noted that the City must maintain adequate reserves to provide cash flow for City operations through the first half of the following year providing GAP financing until property tax revenue is received in July. Finance Director Lannes clarified that the Council asked staff to therefore, staff has prepared three (3) Resolutions for the Counc will adopt the 2010 Preliminary Property Tax Levy. The resolu outcome of the three (3) Council budget workshops that were lie their best in lower the budget, which the Council may no':tI car. discussed during the workshops. The three (3) options range from 4.5% to 5%. Opfi6wA ref levy with $89,000 of general fund money used to buy down $2,954,017 or 5% increase levy with $74,750 used to buy dt $2,954,153 or 5% increase levy including annual step raises buy down the levy. Lannes stated that the City has built up a bank of $888,000, which hereinafteos_referred to as "Gel 4.5% to 5% maximum levy = commends US the CSAH 19 bond fund.:' F recommends using either $f the desired levy. The 2010 PrhrnaryjNd; September 15, t ft and, t encouraged the Co>'ncl to reduce the 2010 Final Lev the Preliminary has beO s finer, aepenamg on N ,000, $'74,750; or $8 epare options to consider; &',,klect one Resolution that is were prepared based on the in July and August. Staff did in lower than that was ,939,767 or 4 5%o increase Option B reflects a the levy. Option C reflects a mployees with $85,000 used to fde (MSA) funds that total ". To achieve the desired $333,00.0 to finance the current deficit in ;h option the Council selects, staff J0-of these general fund dollars to achieve t6tWs"$2,971394 which includes a General Fund tax levy of in 20: Special Levy (allowed by the state to recoup Market plus, th* debt service levy of $698,314. -,liminary Budget must be certified to Wright County Offices by lO10 Final Levy must be certified by December 15, 2009. Staff Sider the 5% levy increase, because the Council has the ability to December; however, the Council can NOT increase the levy once Lannes reiterated that staff recommends to levy the full amount allowed under MN State mandated levy limits at a minimum. Staff encouraged the Council add levy to build the reserves to a five month level. Staff, also reminded the Council that the City has two (2) outstanding CSAH 19 Assessment lawsuits that create another liability for the City, which may impact the reserves. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 7 of 15 Council wanted to remind staff to spend wisely. Council noted that there is a fair amount spent on the I-94 Ramp Improvement. Council proceeded to make motions on the three (3) options, plus the other two Resolutions that have been prepared and presented by staff. MOTION BY Council member Sorensen, seconded by Council member Wagner to approve Resolution No. 2009-030C entitled a Resolution Adopting the 2010 Preliminary Property Tax Levy in the amount of $2,954,153 (5% plus employee steps). Council member Sorensen and Wagner voted aye. Mayor Klecker and Council members Vetsch and: Fay voted nay. Motion dies. The following motion was then made: MOTION BY Mayor Klecker, seconded by Counczl n No. 2009-030A entitled a Resolution Adopting the 201 amount of $2,939,767, + steps for a total amount of $2 members Wagner and Sorensen voted aye. Council m, carried. Approve Resolution No. 2009-031 entitled MOTION BY Council Resolution No. 2009,7 members Wagner and, Fay voted nay. Motion Pl MOTION BX Resolution No. Mayor Klecker ai and Vetsch voted Vagner to approve Kesolution xiary Property Tax bevy in the Mayor Klecker and Council ay and Vetsch voted nay. Motion 2010 Preliminary Budget ;r, secord`ddd by Council member Sorensen to approve solution Adopting the 2010 Preliminary Budget. Council ayor Kleckernvoted aye. Council members Vetsch and a Resolution Adopting the 2010 Capital Improvement ilk Wagner, seconded by Council member Sorensen to approve ihtled a Resolution Adopting the 2010 Capital Improvement Plan. embers Wagner and Sorensen voted aye. Council members Fay on carried. CITY CLERK — no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 8 of 15 CITY COUNCIL Oral update on the Joint Powers Water Board meeting Mayor Klecker stated the main topic for discussion at the JP meeting dealt with the main value replacement for Well No. 9. There was not much additional information to report at this time. PLANNING AND ZONING Ordinance Review Regarding Billboards on top of Buildings City Planner Brixius stated that under our current City billboards on top of buildings. As staff conducted the: noted there are a couple potential locations along the constructed that would be the same location for a billb With the recent review and consideration of the billboard direction to prepare an ordinance amendment that would top of buildings. The ordinance an a building or facility along the I-94 2009 PlanniftW Zoning re review and ap&.6"M l at the N unanimously. „ ENGINEERING to on is where a bui addresses .11boards, staff w could be staff is looking for Council ie placement of billboards on restrict billboards t9be constructed on top of is proposing, which >s OA rict or not allow a billboard to lcture located on the I-94, corridor. Staff confirmed by to be placedn top of buildings or structures along the I-94 d by Council member Sorensen to direct staff to Albertville Municipal City Code that will restrict or ted>bn the top of any building or structures for the October and approval, which will be forwarded to the Council for ber 2009 regular City Council meeting. Motion carried AN Authorize staff to reduce Letter of Credit No. 805 to no less than $40, 870 upon satisfactory completion of the required street and county road improvements and all outstanding balances owed to the City being paid in full MOTION BY Council member Sorensen, seconded by Mayor Klecker to authorize staff to M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 9 of 15 reduce Letter of Credit No. 805 to no less than $40,870 upon satisfactory completion of the required street and county road improvements and all outstanding balances owed to the City being paid in full. Motion carried unanimously. Oral Update on Kalland Avenue NE Sidewalk (discussion) City Engineer Nafstad noted that staff met with French Lake Curb as directed by the Council. French Lake Curb stated that they installed the sidewalk on Kalland Avenue NE as directed. French Lake Curb would like to be paid for services performed Nafstad informed the Council that French Lake Curb is willing to work with staff to correct the slopes; however, it will cost approximately an additional $14000 to fix. The $14,000 does not include repairs to driveways, which is estimated at $14,000. The potential total";cost of the Kalland Avenue NE simple sidewalk improvement i $48,000,,,:which consists Athe priginal cost of $20,000 plus $14,000 to correct the sidewalk slopes,' and $14,QQ to repair damagAo any driveways. The other option or consideration for Council would be to reinovethe sidewalk and go back to grass, which is going to cost to dispose of'the concrete, repair drivvvays,if necessary, and plant grass or seed. Mayor Klecker directed staff -to prepare a number of'options�r nkenarios for the next Council meeting, in which the Council can consider how to proceed. After discussion of the3dcwalk cotbern, the following motions were made: MOTION BY Vptsch, NO sejoortd = to authorize payment of $16,000; have Public Works employeestemove t le,concrete, work with the, contractor (French Lake Curb) to help with the repairs to;the homeowners' �invews ;Motion dies because there was NO second to the motion. MOTION Betsch, second by Council member Sorensen to authorize payment of $15,000, which is a partial agyment to Rench Lake Curb (contractor); and, directed staff to prepare approximately fo") options or scenarios for Council to review and consider as to how to proceed with resolvin : he'sidewalk issues/concerns. Motion carried unanimously. LEGAL Approve the Ordinance Amendments relating to the Electric Franchise Agreements: Approve Ordinance No. 2009-014 entitled an Ordinance Granting to WRIGHT HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Albertville, M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 10 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 10 of 15 Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purposes; and Approve Ordinance No. 2009-0I5 entitled an Ordinance Granting to NORTHERN STATES POWER COMPANY, a Minnesota Corporation, DIBIA XCEL ENERGY, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Albertville, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances for::the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purposes MOTION BY Council member Sorensen, seconded by MayorKleckerl©approve Ordinance No. 2009-014 entitled an Ordinance Granting to WRIGHT" ENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, a Minnesota Corporation, its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the 06 of Albertville, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, F>tires and Appurtenances, for the Furnishing of Electric Energy to the City its'=lnhabitants, and Others, and to Use the Public Ways and Public Grounds of the City for Such Purpose. Motion carried unanimously. And MOTION BY Council No. 2009-015 entitled al Minnesota Corporation Assigns, Permission�to` Minnesota, an Electric Lines, Fixtures and Apl Inhabitants. ,and Others; Approve AME 6 ADDITION INSTALLATIO. fiber Sorensen, seconded"by May0XIecker to approve Ordinance finance Granting to NORTHERN STATES POWER COMPANY, a /A �&tL ENERGY; a Minnesota Corporation, its Successors and truct, puperate, Repair andMaintain in the City of Albertville, butiod System and Transmission Lines, Including Necessary Poles, `for li Furrn sl ing of Electric Energy to the City, its to Use the PubliMays and Public Grounds of the City for Such TO PANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES ,oveGREEMENT RELATING TO COST OF UTILITY City Attorney Couri briefly went over the background, in which Contractor Property Development Company (CPDC) was the developer for Towne Lakes 6th Addition. In 2005, the City entered into a Developer's Agreement with CPDC for Towne Lakes 6th Addition that required, among other things, that CDC install a sewer and water line from the 6th Addition property to the Hunter's Pass Estates property. Staff noted that CPDC did install the sewer line; however, did not install the water line to the Hunter's Pass Estates. In addition to the water line, CPDC did not finish install the wear course M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 11 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 11 of 15 on many of the streets; did not construct a private road required to serve a number of townhome lots; and, failed to complete other required improvements. The City is holding a Letter of Credit (LOC) in the amount of $268,638 from Alliance Bank to secure the performance of CPDC. As the Council and staff are aware, CPDC has since gone out of business, and M&I Bank has succeeded to Alliance Bank's mortgage in the Towne Lakes 61h Addition property. City Engineer Nafstad has been working with M&I Bank regarding the completion of some of the outstanding items and the deferral of the remaining items until 2010. Stiff has prepared an . , Amendment to the Developer's Agreement that outlines these discusons.`"> Under the proposed amendment, M&I Bank will have the water aim to Hunter's Pass Estates installed this year, but the deadline for a number of other required impid*. J clients will be extended to October 31, 2010 (most of the requirements have been compf 00,§everal years ago). To ensure that the City will be paid for preparing the Plans and Specifications far bidd ng of the watermain project, staff is proposing that the City entetpto an Agreement Relating 6 Cost of Utility Installation. Under the agreement, the city will be esponsible for preparing a Feasibility Study, and, prepare the Plans and Specifications to Bid the project. If the bids received are acceptable, M&I Bank will authorize the City to construct the Waterman and will either post a Cash Escrow with the City or. provide authortiation for the City""" ity todrawon the existing LOC to make sure that the City gets paid for the water ffiain"s, ganstructionn� engineering costs. • Developer sha1T'tiaell the terman to Hunters Pass by October 31, 2009. Once Called, the City vaugeduce e'Ietter of credit to the amount needed to fulfill the deper's remaimn obligations under the developer's agreement. :. • All oth municipal i*ovements must be installed by October 31, 2010. • Developed shall mstal'll on- and off -site improvements by October 31, 2010. • The develope3t fan ,assign its rights and obligations under the developer's agreement to the purchaser of property without the City's consent, but the City retains the letter of credit until an acceptable replacement is provided to the City. In addition to the key issues relating to the Developer Agreement Amendment, the City Attorney noted those that involved the Utility Installation Agreement. • The City will prepare a feasibility study, plans and specs, and will solicit bids or quotes for the watermain extension. • If M&I approves the bids or quotes, the City will construct the watermain for M&I. M:Tublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 12 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 12 of 15 • M&I will provide the City with either a cash escrow for the estimated cost, or will provide the City with authorization from Alliance Bank to draw on the letter of credit for the cost of construction. • If M&I doesn't have the City construct the watermain, M&I will pay the City's costs of the feasibility study and the plans and specs and bidding. City Attorney then commented that there are no immediate financial considerations from the adoption of these agreements. The City's letter of credit will remain mp�ce and the City will not award a contract for the construction of the watermain unless the pity receives a cash escrow from M&I or authorization to draw on the existing letter of credit portion of which a portion is already set aside for the watermain installation). Council questioned whether the City could amend the Develc completion or location of the trail on Outlot B in Towne Lakf Council at a previous meeting, the residents of the Towne La] trail system throughout the addition with the exceptioniofthe 6th Addition that connects to the rest of the trail system Staff was not sure if the amendment could include the system. -r- s Agreem 6th Addition. segment n in include the �ented to the ilizinsz the Lakes connection of the trail Council made the following motion in hopes of obtaining a tempazry or permanent easement for the trail segment in Towne hakes 6th Addition.,,,,,:,, MOTION BY Council,member F# seconded by ,Council member Sorensen to approve the AMENDMENT TO TH1 PLAi?ED UNfiDEVELOPMENi (PUD) AGREEMENT FOR TOWNE LAKES 6TH ADDITION; and approve X619tEME14fJ E EATING TO tfit COST OF UTILITY INSTALLATION subject to the city recevng a temporaryn or per�nent' easement for the trail on Outlot B, and subject to any miner technical c4Anges bW & I Bank.. Motion carried unanimously. Oral Upd # ,on Prairie Run ester of Credit (LOC) City Attorney Cota„informedhe Council that there are approximately 28 units in the Prairie Run Development a are _t Idable. Of the 28 lots there are 25 that are vacant, which it is believed the Specialesments have not been paid. Staff reported that by pulling on the Letter of Credit would rum the credibility. Now that the litigation has been settled the Special Assessments have still not been paid. Alpine Capital is the affiliated finance officers, which is not a "bank" financial entity. The options for Council to consider are: Option 1. Wait until the properties are sold on a tax sale in hopes that the City could put the Special Assessment back on the lot; M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 13 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 13 of 15 Option 2. Would be to file a lawsuit against Alpine Capital for default of the settlement, which included payment of the Special Assessment(s). The unknown is if the City goes to court, the City could come to another settlement that is in the form of a piece of paper or document for our records stating they promise to pay the Special Assessments or will it come in the form of cash for payment of the Special'Assessments. Council made a motion based on staff s report. MOTION BY Fay, seconded by Council member Sorensen to direct staff to� move forward with filing a lawsuit against Alpine Capital on the default ofIhe Prairie Run Settlem t to pay the Special Assessment(s). Motion carried unanimously ADMINISTRATION Update on the St. Michael-Hanover-Alber0i Library Project City Administrator Kruse distributed a mem Community Development Director that had i the cities of St. Michael,Albe has authorized advertltig for opened on Tuesday, Septemb( September 30. MOTION, BY yr ecke of support to the City of I N SenioR6. unity Center"� l�? MOTION ,i6 Council memo prepare a letter 5 fright Co Sorensen, and Wagner,voted and Hano, ;ginning N Che St. Mi ri from,Marc Weigle, St. Michael rtion regarding the proposed New Library for The memo stated that St. Michael Council ay, August 31, in which the bids will be will award the bids as early as by Council member Fay to direct staff to send a letter cil towards the proposed New Library - -d unanimously. Vetsch, seconded by Council member Fay to direct staff to to solicit funds for our portion. Council members Vetsch, Fay, -. Mayor Klecker voted nay. Motion carried. Landscaping and Sighage on City Property south of the Railroad Tracks Council member Vetsch had been approached by a few Albertville residents questioning the landscaping and signage on the City property south of the railroad tracks. City Administrator Kruse informed the Council that staff felt that individuals parking in the area might back into the poles or damage either the sign or their vehicle. With the construction of the M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 14 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 14 of 15 new City Hall, staff was able to re -use some of the retaining bricks and extra shrubbery to build up the area around the base of the sign. There was very minimal amount of staff labor involved, because the person doing a majority of the work was from the Minnesota Work Program. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker acknowledged the upcoming meetings and calendar of events. City Administrator Kruse informed the Council that there is an FYCC meeting obi Monday, September 14 at 5:30 p.m. that will be held at the Albertville Citypffices. September 2009 9 7:00 p.m. Planning and Zoning Commission meeting > , 14 6:00 p.m. STMA Ice Arena Boa i'd meeting 21 7:00 p.m. City Council meeting 28 6:00 p.m. Joint Powers Water bard meeting 28 7:00 p.m. Committee of the WholiVorkshop (tentative) 30 6:00 p.m. R. Cities of Albertville & St Michael and STMA School Board meeting (new STMA`I�tgh School) October 2009 5 7:00 p.m. City Council meeting.;: 12 all day Columbus Da! observed City"Offices closed 12 6:00 p m STMA Ice Arena Board meeting 12 7 00 .in. > aiii lv-Youth Community Cooperative {FYCC} 13 7 0iip, an. Planing and Zoning Commission meeting 19 7:00 p m. City Council meeting' 26 , ( 00 p rn Jointowr Water Board meeting 0.p in 4inmittee of 1 e Whole Workshop (tentative) November 206 `` s 1 2:00 a m Dayligh' Savings Ends 7.00 p.m. pity Council meeting mT1VIA Ice Arena Board meeting Planning and Zoning Commission meeting 11 allay 'Veterans' Day observed — City offices closed 16 7 00 in. City Council meeting 23 6:00`'p.m. Joint Powers Water Board meeting 26 all day Thanksgiving Day observed — City offices closed 30 tentative Jt. City of Albertville; City of St. Michael and STMA School Board meeting (location to be determined) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 15 City of Albertville City Council Minutes September 8, 2009 (Tuesday) Page 15 of 15 ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Vetsch to adjourn the Tuesday, September 8, 2009 regular City Council meeting at 9:24 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-08-09 B-drafts.doc Agenda Item No. 6. Meeting Date September 21, 2009 MR �lbcrtvillc s� l UAM. ao aw uf. BRIEF DESCRIPTION RECOMMENDED ACTION BACKGROUND Mayor and Council Communication Public Works — Parks Maintenance Report None Activity report for Council review September 14, 2009 PARKS As I reported last month the contractor discovered some poor soil conditions under the tennis courts at Four Seasons Park. This problem has been corrected but will more than double the cost of the project. The two lifts of black will be completed this month however we may wait until spring to install the coloring as it is getting late in the season. We will be starting our fall aeration, fertilization and weed spraying soon. SIDEWALKS The sidewalk inspections for 2009 have been completed. We rented a grinder to take care of some trip hazards. This worked well. We still plan to do some sidewalk replacement on Main Avenue yet this year. STREETS We continue to do patching and catch basin repairs. Submitted through: Larry Kruse, City Administrator Originated by: Tim Guimont, Public Works — Parks Maintenance Supervisor M:\Public DataTublic Works Reports\2009 Reports\PW Report for Sept 2009-2.doe Agenda Item No. 8.B.I . Meeting Date September 21, 2009 NIbertville Mayor and Council Communication September 15, 2009 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorize the Monday, September 21, 2009 payment of the claims that includes check numbers 027466 to 027520 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. 027475 Dave Perkins Contracting- Pint # 2 and final payment for Franklin Sewer Project — See Engineers Recommendation for payment Check No. 027486 French Lake Curb — partial payment as authorized by council Check No. 027487 Paul Gonsior — Reimburse for purchase of Fire Department Uniform AFD Patches Check No. 027493 Joint Powers Board — we have collected our advance for the overcharged water. Check No. 027509 Rapit Printing — e Stainless deal tumbler for FD annual party — donations Check No. 027511 Roy C — repair CH doors East Main Entrance 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 Kruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Finance Bills Report (RCA).doc Agenda Item No. 8. E. L Meeting Date September 21, 2009 A�Ibcrtvillcif Check Detail Register September 21, 2009 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027466 9/21/2009 ALBERTVILLE PIT STOP E 101-42000-212 Motor Fuels $62.91 865 fuel Total ALBERTVILLE PIT STOP $62.91 Paid Chk# 027467 9/21/2009 APPOLLO SYSTEMS - COMMERCIAL D E 101-45100-405 Repair/Maint -Buildings $20.31 94121 monthly security services ,Total APPOLLO SYSTEMS - COMMERCIAL D $20.31 Paid Chk# 027468 9/21/2009 ARAMARK UNIFORM SERVICES E 602-49400-417 Uniform Rentals $13.08 629-6806958 wtr uniforms E 601-49450-417 Uniform Rentals $13.08 629-6806958 swr uniforms E 101-43100-417 Uniform Rentals $13.08 629-6806958 pw uniforms E 101-45100-417 Uniform Rentals $13.08 629-6806958 pk uniforms E 101-42000-405 Repair/Maint - Buildings $19.21 629-6806960 FD mats E 101-43100-417 Uniform Rentals $21.40 629-6811701 pw uniforms E 601-49450-417 Uniform Rentals $21.40 629-6811701 swr uniforms E 101-45100-417 Uniform Rentals $21.41 629-6811701 pk uniforms E 602-49400-417 Uniform Rentals $21.40 629-6811701 wtr uniforms E 60149450-417 Uniform Rentals $13.04 629-6816531 swr uniforms E 101-45100-417 Uniform Rentals $13.04 629-6816531 pk uniforms E 101-43100-417 Uniform Rentals $13.05 629-6816531 pw uniforms E 101-41940-405 Repair/Maint - Buildings $85.01 629-6816532 mops, towels,mats E 602-49400-417 Uniform Rentals $13.04 689-6816531 wtr uniforms Total ARAMARK UNIFORM SERVICES $294.32 Paid Chk# 027469 9/21/2009 BOLTON & MENK, INC E 101-41700-303 Engineering Fees $1,580.00 0126914 wetland, rollover, trail, etc E 492-49000-303 Engineering Fees $502.00 0126952 52nd st prelim eng report E 101-41710-303 Engineering Fees $427.50 0126954 towne lakes 6th addition E 101-41710-303 Engineering Fees $47.50 0126955 phillip morris property E 494-49000-303 Engineering Fees $190.00 0126956 CSAH 19 & 50th st. E 101-41710-303 Engineering Fees $956.50 0126957 towne lakes 5th addition E 501-49000-303 Engineering Fees $745.00 0126958 phillip morris lift station E 101-41710-303 Engineering Fees $95.00 0126959 franklin sewer E 101-41710-303 Engineering Fees $815.00 0126960 Albertville towne homes G 101-22825 Hunters Pass Escrow $95.00 0126960 wetland maintenance E 604-49660-303 Engineering Fees $640.00 0126966 sidewalk albert villas E 604-49660-303 Engineering Fees $190.00 0126967 landscaping albeit villas E 101-43100-223 Seal Coating $1,320.00 0126968 seal coat improvements E 101-42400-303 Engineering Fees $320.00 0126969 Building Permits G 101-22831 Woodside - Karston Cove $190.00 0126974 karston cove 3rd addition E 101-41700-303 Engineering Fees $47.50 0126974 project status report E 101-41710-303 Engineering Fees $285.00 0126974 staff/council meetings E 468-49000-303 Engineering Fees $1,045.00 0126974 i-94 wb cd road E 101-41700-303 Engineering Fees $1,043.50 0126974 mapping updates E 468-49000-303 Engineering Fees $760.00 0126974 greater minnesota interchange application E 503-00000-303 Engineering Fees $21,687.50 0127051 utility extension Total BOLTON & MENK, INC $32,982.00 Paid Chk# 027470 9/21/2009 BRAUN INTERTEC CORP E 503-00000-303 Engineering Fees $302.00 307725 37 utility extensions E 503-00000-303 Engineering Fees $893.75 310264 37 utility extensions Total BRAUN INTERTEC CORP $1,195.75 M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Finance Bills Posted Batch.doc Agenda Item No. U.E. I . Meeting Date September 21, 2009 21 Mayor and Council Communication -September 16, 2009 Finance - Payment of Claims Page 2 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027471 9/21/2009 BROTHERS FIRE PROTECTION CO E 101-43100-405 Repair/Maint - Buildings $175.00 3255 Annual Sprinkler Inspection E 101-43100-405 Repair/Maint - Buildings $176.34 3263 Annual Alarm Inspection Total BROTHERS FIRE PROTECTION CO $351.34 Paid Chk# 027472 9/21/2009 CENTER POINT ENERGY E 101-43100-383 Gas Utilities $48.72 11822 63rd Street E 601-49450-383 Gas Utilities $26.71 11728 63rd Street E 101-41940-383 Gas Utilities $291.31 City Hall E 101-41940-383 Gas Utilities $21.00 8000014425508 5954 Main E 101-42000-383 Gas Utilities $23.54 8000014425508 11350 57th E 101-45100-383 Gas Utilities $7.18 8000014425508 5801 Lander Total CENTER POINT ENERGY $418.46 Paid Chk# 027473 9/21/2009 CHARTER COMMUNICATIONS E 101-42000-321 Telephone $11.25 fire hall Total CHARTER COMMUNICATIONS $11.25 Paid Chk# 027474 9/21/2009 COURI & MACARTHUR RUPPE, PLLP E 101-41610-304 Legal Fees $85.00 0809 shoppes at prairie run E 101-41610-304 Legal Fees $467.50 0809 towne lakes 6 E 101-41600-304 Legal Fees $3,946.00 0809 council, staff meetings, billboard, LOC etc E 101-41600-304 Legal Fees $75.00 0809 potter E 473-00000-304 Legal Fees $127.50 0809 prairie run improvements E 468-49000-304 Legal Fees $2,025.00 0809 i-94 ramps E 494-49000-304 Legal Fees $2,400.00 0809 assessment appeal E 494-49000-304 Legal Fees $5,925.00 0809 assessment appeal E 503-00000-304 Legal Fees $75.00 0809 utilities 'Total COURI & MACARTHUR RUPPE, PLLP $15,126.00 Paid Chk# 027475 9/21/2009 DAVE PERKINS CONTRACTING, INC E 503-00000-300 Professional Srvs (GENERAL) $11,000.92 0909 pmt#2 franklin sewer Total DAVE PERKINS CONTRACTING, INC $11,000.92 Paid Chk# 027476 9/21/2009 DENNY'S SMALL ENGINE/CHAIN SAW E 101-43100-404 Repair/Maint - Machinery/Equip $100.00 used engine Total DENNY'S SMALL ENGINE/CHAIN SAW $100.00 Paid Chk# 027477 9/21/2009 DXS HEATING & A/C E 101-45100-210 Operating Supplies (GENERAL) $9.06 41295 PCV Total DXS HEATING & A/C $9.06 Paid Chk# 027478 9/21/2009 DXS TOTAL HOME CARE CENTER E 101-43100-215 Shop Supplies $22.93 041245 marking paint E 101-45100-210 Operating Supplies (GENERAL) $89.69 41124 milorgaite/drum liner E 101-45100-404 Repair/Maint - Machinery/Equip $34.18 41195 outdoor equipment E 101-43100-403 Repair/Maint - Catch Basins $28.80 41208 Course crystals E 601-49450-210 Operating Supplies (GENERAL) $41.63 41249 brake cleaner E 101-45100-404 Repair/Maint - Machinery/Equip $8.54 41274 Oil E 101-43100-215 Shop Supplies $0.62 41291 bushings E 101-45100-210 Operating Supplies (GENERAL) $32.03 41502 drum liner E 101-43100-404 Repair/Maint - Machinery/Equip $12.78 41513 pipe for roller E 101-43100-405 Repair/Maint - Buildings $6.40 41516 Door stop E 601-49450-210 Operating Supplies (GENERAL) $53.34 41519 Duct tape/batteries/wire E 101-45100-210 Operating Supplies (GENERAL) $16.01 41535 brush/chalk E 101-43100-215 Shop Supplies $4.26 41560 edger cement E 101-45100-210 Operating Supplies (GENERAL) $34.70 41600 Paint/supplies Total DXS TOTAL HOME CARE CENTER $385.91 M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Finance Bills Posted Batch.doc Agenda Item No. S. E. I.. Meeting Date September 21, 2009 22 Mayor and Council Communication —September 16, 2009 Finance — Payment of Claims Page 3 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027479 9/21/2009 DOCUMENT DESTRUCTION SERVICE E 101-41400-300 Professional Srvs (GENERAL) $30.00 141886 doc distruction Total DOCUMENT DESTRUCTION SERVICE $30.00 Paid Chk# 027480 9/21/2009 DON'S AUTO & REPAIR E 101-42000-212 Motor Fuels $36.45 fuel E 101-41940-383 Gas Utilities $15.65 fuel E 101-42000-212 Motor Fuels $20.92 fuel E 101-42000-212 Motor Fuels $21.72 fuel E 101-42000-212 Motor Fuels $28.91 fuel E 101-42000-212 Motor Fuels $37.46 fuel Total DON'S AUTO & REPAIR $161.11 Paid Chk# 027481 9/21/2009 EARL F. ANDERSON, INC. E 101-43100-226 Sign Repair Materials $47.65 0088683-IN street sign Total EARL F. ANDERSON, INC. $47.65 Paid Chk# 027482 9/21/2009 EDP OF WRIGHT COUNTY E 101-41100-208 Training and Instruction $75.00 0809 seminar Total EDP OF WRIGHT COUNTY $75.00 Paid Chk# 027483 9/21/2009 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $522.17 71685 engine 1 E 101-42000-404 Repair/Maint - Machinery/Equip $486.74 71686 engine 6 E 101-42000-404 Repair/Maint - Machinery/Equip $1,546.20 71687 ladderl E 101-42000-404 Repair/Maint - Machinery/Equip $213.76 71688 tanker 3 Total EMERGENCY APPARATUS MNTC $2,768.87 Paid Chk# 027484 9/21/2009 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $22.19 f32267 trimec 992 2.5 gal Total FEDERATED CO-OPS, INC. $22.19 Paid Chk# 027485 9/21/2009 FRANKLIN OUTDOOR ADVERTISING E 101-41000-300 Professional Srvs (GENERAL) $400.00 cityofavi land for sale sign Total FRANKLIN OUTDOOR ADVERTISING $400.00 Paid Chk# 027486 9/21/2009 FRENCH LAKE CURB CO. E 101-45100-589 C/O - Park/Trail Construction $15,000.00 2009-35m ped curb ramps part. Pmt. Total FRENCH LAKE CURB CO. $15,000.00 Paid Chk# 027487 9/21/2009 GONSIOR, PAUL E 101-42000-417 Uniform Rentals $207.87 29585 uniforms FD Total GONSIOR, PAUL $207.87 Paid Chk# 027488 9/21/2009 GOPHER STATE ONE -CALL E 602-49400-209 Locates $77,00 9080283 Locates - Water Dept E 601-49450-209 Locates $77.00 9080283 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $154.00 Paid Chk# 027489 9/21/2009 HEALTH PARTNERS E 101-41400-131 Employer Paid Health $834.82 32947366 Emp Health & Dental Ins E 101-41500-131 Employer Paid Health $921.56 32947366 Emp Health & Dental Ins E 601-49450-130 Employer Paid Ins (GENERAL) $1,236.29 32947366 Emp Health & Dental Ins E 602-49400-130 Employer Paid Ins (GENERAL) $1,236.28 32947366 Emp Health & Dental Ins E 101-41300-131 Employer Paid Health $513.15 32947366 Emp Health & Dental Ins G 101-21706 Group Insurance Payable $2,625.99 32947366 Emp Health & Dental Ins Emp port E 101-42400-130 Employer Paid Ins (GENERAL) $2,590.96 32947366 Emp Health & Dental Ins E 101-43100-130 Employer Paid Ins (GENERAL) $1,986.09 32947366 Emp Health & Dental Ins E 101-45100-130 Employer Paid Ins (GENERAL) $927.86 32947366 Emp Health & Dental Ins Total HEALTH PARTNERS $12,873.00 M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Finance Bills Posted Batch.doc Agenda Item No. S.E. I . Meeting Date September 21, 2009 23 Mayor and Council Communication -September 16, 2009 Finance - Payment of Claims Page 4 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027490 9/21/2009 HEIDIS MARKET - GAS E 602-49400-212 Motor Fuels $99.94 0008502 fuel E 101-42400-212 Motor Fuels $123.46 0008502 fuel E 101-45100-212 Motor Fuels $235.14 0008502 fuel E 101-43100-212 Motor Fuels $334.84 0008502 fuel E 601-49450-212 Motor Fuels $60.77 0008502 fuel Total HEIDIS MARKET - GAS $854.15 Paid Chk# 027491 9/21/2009 1-94 WEST CHAMBER OF COMMERCE E 101-41100-433 Dues and Subscriptions $275.00 0909 annual dues Total 1-94 WEST CHAMBER OF COMMERCE $275.00 Paid Chk# 027492 9/21/2009 JIMMYS PIZZA R 101-42050-36200 Donations $107.35 Pizza FD (donations) Total JIMMYS PIZZA $107.35 Paid Chk# 027493 9/21/2009 JOINT POWERS BOARD E 602-49400-372 JP Dist $70,433.44 jp dist E 602-49400-371 JPDIST COMBO $0.00 jpdist combo E 602-49400-373 JP Dist II Low $1,920.57 jp dist 2 low E 602-49400-376 JP Fed Wtr Test $1,151.04 fed wtr test E 602-49400-374 JP Dist Pen $986.51 jp dist pen E 602-49400-377 JP Fed Wtr Test Pen $27.12 fed wtr test pen E 602-49400-375 JP Access $14.00 jp access Total JOINT POWERS BOARD $74,532.68 Paid Chk# 027494 9/21/2009 MAGIC WATER E 101-42000-404 Repair/Maint - Machinery/Equip $100.57 11992bs case of bottled water FD Total MAGIC WATER $100.57 Paid Chk# 027495 9/21/2009 MENARDS - MAPLE GROVE E 101-41000-300 Professional Srvs (GENERAL) $13.96 45807 purchase supplies Total MENARDS - MAPLE GROVE $13.96 Paid Chk# 027496 9/21/2009 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $50.00 104 pick up dog Total MONTICELLO ANIMAL CONTROL $50.00 Paid Chk# 027497 9/21/2009 MTR SERVICES INC E 101-43100-403 Repair/Maint -Catch Basins $1,105.10 4014a jack hammer E 101-43100-403 Repair/Maint - Catch Basins $598.03 4015a concrete Total MTR SERVICES INC $1,703.13 Paid Chk# 027498 9/21/2009 N. A. C. E 101-41910-306 Planning Fees $1,007.50 18758 54th street redevelopment E 101-41910-306 Planning Fees $47.40 18758 potter E 101-41910-306 Planning Fees $59.25 18758 Lamar E 101-41910-306 Planning Fees $237.95 18758 prohibited tree list E 101-41910-306 Planning Fees $312.75 18758 billboards E 101-41910-306 Planning Fees $389.05 18758 landfill grading E 101-41910-306 Planning Fees $732.55 18758 agendas, full moon, assessment policy, code issues, etc E 468-49000-306 Planning Fees $781.05 18758 right-of-way acquisition E 101-41910-306 Planning Fees $678.25 18758 NW land use study E 101-41910-306 Planning Fees $10.00 18758 temp signs E 101-41915-306 Planning Fees $97.30 18759 marketplace E 101-41910-306 Planning Fees $625.00 18760 staff/planning/council meetings Total N. A. C. $4,978.05 M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Finance Bills Posted Batch.doc Agenda Item No. 8.E.1. Meeting Date September 21, 2009 24 Mayor and Council Communication -September 16, 2009 Finance - Payment of Claims Page 5 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027499 9/21/2009 NAGELL APPRAISAL & CONSULTING E 494-49000-300 Professional Srvs (GENERAL) $2,200.00 15903 csah 19 Total NAGELL APPRAISAL & CONSULTING $2,200.00 Paid Chk# 027500 9/21/2009 NAPA AUTO PARTS E 101-45100-404 Repair/Maint - Machinery/Equip $64.84 521411 fuel injector Total NAPA AUTO PARTS $64.84 Paid Chk# 027501 9/21/2009 NORTH AMERICAN CLEANING CORP E 101-42000-405 Repair/Maint - Buildings $138.45 37400 FD service E 101-41940-405 Repair/Maint - Buildings $419.61 37400 CH service Total NORTH AMERICAN CLEANING CORP $558.06 Paid Chk# 027502 9/21/2009 NORTH CENTRAL LABORATORIES E 601-49450-210 Operating Supplies (GENERAL) $243.17 258061 buffer solutions Total NORTH CENTRAL LABORATORIES $243.17 Paid Chk# 027503 9/21/2009 NORTHERN WATERWORKS E 602-49400-210 Operating Supplies (GENERAL) $80.56 s01218052.001 rechargeable battery Total NORTHERN WATERWORKS $80.56 Paid Chk# 027504 9/21/2009 NOW CARE MEDICAL CENTERS E 601-49450-300 Professional Srvs (GENERAL) $33.00 drug testing E 601-49450-300 Professional Srvs (GENERAL) $33.00 drug testing Total NOW CARE MEDICAL CENTERS $66.00 Paid Chk# 027505 9/21/2009 OMANN BROTHERS E 101-43100-403 Repair/Maint - Catch Basins $117.04 8481 AC mix Total OMANN BROTHERS $117.04 Paid Chk# 027506 9/21/2009 ONVOY, INC. E 601-49450-321 Telephone $35.67 090902009662 3% phone/data network E 101-43100-321 Telephone $83.23 090902009662 7% phone/data network E 602-49400-321 Telephone $35.67 090902009662 3% phone/data network E 101-41940-321 Telephone $237.80 090902009662 20% phone/data network E 101-42000-321 Telephone $83.23 090902009662 7% phone/data network E 101-41940-321 Telephone $713.41 090902009662 60% phone/data network Total ONVOY, INC. $1,189.01 Paid Chk# 027507 9/21/2009 PITNEY BOWES - POSTAGE E 601-49450-322 Postage $198.53 090709 41% postage UB E 604-49960-322 Postage $38.74 090709 8% postage UB E 602-49400-322 Postage $91.99 090709 19% postage UB E 101-41400-322 Postage $154.95 090719 32% postage Total PITNEY BOWES - POSTAGE $484.21 Paid Chk# 027508 9/21/2009 PRECISION AUTO REPAIR E 101-43100-404 Repair/Maint - Machinery/Equip $89.95 11480 Total PRECISION AUTO REPAIR $89.95 Paid Chk# 027509 9/21/2009 RAPIT PRINTING E 601-49450-203 Printed Forms $355.36 E 101-41400-200 Office Supplies (GENERAL) $36.41 E 602-49400-203 Printed Forms $163.12 E 101-42400-203 Printed Forms $109.23 E 604-49660-203 Printed Forms $64.08 E 101-42050-437 Misc. Donations $501.73 Total RAPIT PRINTING $1,229.93 repair 1998 chevrolet pickup envelopes envelopes envelopes envelopes envelopes stainless deal tumbler FD donations (open house) M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Finance Bills Posted Batch.doc Agenda Item No. 8. E .1.. Meeting Date September 21, 2009 25 Mayor and Council Communication —September 16, 2009 Finance — Payment of Claims Page 6 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027510 9/21/2009 RED'S PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals $1,282.50 12303 portable toilets Total RED'S PORTABLE TOILETS $1,282.50 Paid Chk# 027511 9/21/2009 ROY C., INC E 101-41940-405 Repair/Maint -Buildings $450.00 46289 repair CH doors Total ROY C., INC $450.00 Paid Chk# 027512 9/21/2009 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $68.39 01nn0653 clip,binder E 101-41400-200 Office Supplies (GENERAL) $59.06 01 nn5638 crtdg,hp57,dskit5550,triclr Total S & T OFFICE PRODUCTS $127.45 Paid Chk# 027513 9/21/2009 SHERWIN-WILLIAMS CO E 101-43100-400 Repair/Maint - Paved Rd $349.64 5 gal paint mixer Total SHERWIN-WILLIAMS CO $349.64 Paid Chk# 027514 9/21/2009 SUN PRESS & NEWSPAPERS E 101-41100-351 Legal Notices Publishing $78.72 of disclosure E 101-41100-351 Legal Notices Publishing $36.90 financial stmts E 101-41100-351 Legal Notices Publishing $41.82 financial stmts E 101-41100-351 Legal Notices Publishing $44.28 ord 2009-013 E 101-41100-351 Legal Notices Publishing $236.16 financial stmts E 101-41100-351 Legal Notices Publishing $487.08 financial stmts E 101-41100-351 Legal Notices Publishing $457.56 financial stmts Total SUN PRESS & NEWSPAPERS $1,382.52 Paid Chk# 027515 9/21/2009 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) $1,150.00 1694 1-94 Total TINKLENBERG GROUP $1,150.00 Paid Chk# 027516 9/21/2009 TRI STATE SURPLUS CO. E 101-43100-405 Repair/Maint - Buildings $546.13 15133 used teardrop upright Total TRI STATE SURPLUS CO. $546.13 Paid Chk# 027517 9/21/2009 WEIDNERS PLUMBING & HEATING CO E 101-41940-405 Repair/Maint - Buildings $473.55 227782 control panels CH Total WEIDNERS PLUMBING & HEATING CO $473.55 Paid Chk# 027518 9/21/2009 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $40,880.00 patrol-09-9 sheriff patrol billing for the month of september Total WRIGHT CTY SHERIFFS PATROL $40,880.00 Paid Chk# 027519 9/21/2009 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $4,500.00 recycling Total WRIGHT RECYCLING $4,500.00 Paid Chk# 027520 9/21/2009 XCEL ENERGY E 101-41940-381 Electric Utilities $4.39 10820 Kantar E 101-43160-381 Electric Utilities $35.97 5700 lebeaux E 101-43160-381 Electric Utilities $5,209.80 183449 street lights E 601-49450-381 Electric Utilities $55.77 5145432690809 unit sewer E 101-43160-381 Electric Utilities $25.15 51457964030809 52ST ST NE E 101-43160-381 Electric Utilities $33.14 5146897850809 11750 county road 37 E 101-43160-381 Electric Utilities $23.64 5151123630809 5998 labeaux AVE NE E 101-43160-381 Electric Utilities $3.64 51555641080809 5799 lander AVE NE E 101-41940-381 Electric Utilities $2,061.64 51801569920809 C.H E 601-49450-381 Electric Utilities $26.91 51882599470809 unit sewer Total XCEL ENERGY $7,480.05 10100 Premier Bank $241,257.42 M:\Public Data\City Council\Council Packet inform ation\2009\09-21-09\09 21 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E. I.. Meeting Date September 21, 2009 26 Mayor and Council Communication —September 16, 2009 Finance — Payment of Claims Page 7 of 7 Fund Summary 10100 Premier Bank 101 GENERAL FUND $109,625.45 468 CSAH 19 RAMPS/I 94 Project $5,761.05 473 PRAIRIE RUN $127.50 492 52nd st Industrial Park $502.00 494 CSAH 19 & 50th St. (South 19) $10,715.00 501 Phil Morris Lift Station $745.00 503 CSAH 37 Utilities $33,959.17 601 SEWER FUND $2,524.67 602 WATER FUND $76,364.76 604 STORM WATER $932.82 $241, 257.42 M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Finance Bills Posted Batch.doc Agenda Item No. 8. E . 1. . Meeting Date September 21, 2009 27 • Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Ramsey, MN 55303 �- Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com September 14, 2009 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 Re: Pay Estimate No. 2' & Final Franklin Property Sewer Extension City of Albe'rtville,;Minnesota BMI Project No.- R13.039574 Dear Mr. Kruse: Enclosed please find four (4) copies of Pay Estimate No. 2 and Final for the above referenced project. Payment No. 2 includes all project related work and, complete release of all retainage. We have reviewed Pay Estimate No. 2 & final and recommend payment in the amount of $11,000.92 to Dave Perkins Contracting, Inc. For your information the final contract amount, including all additional work items, is $158,206.75. Please verify that the total amount of previous payments plus the final payment does not exceed the final contract amount. If everything meets your approval, please sign all four (4) copies, retain one (1) copy, return one (1) copy to our office, and submit one (2) copy along with payment to.: Dave .Perkins Contracting, Inc. 7060 143`d Avenue NW, Suite 1.00 Ramsey, MN 55303 We have requested that the Contractor submit" all lien waivers, IC-134 forms and consent of surety. Please do not release payment until receipt of these items has been verified. Please contact pane if you have any questions regarding this final payment. Sincerely,, BOLTTON & ENK C. Adam Na stad,, P.E. Project Manager Enclosures Cc; Tina Lannes, Finance Director DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer W. A,lb£rtAlle Mayor and Council Communication Smd To Lh&%. Blu 0tv Ufw September 16, 2009 SUBJECT: 0 FINANCE — 2010-2011 WRIGHT COUNTY SHERIFF CONTRACT RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve the 2010/2011 Wright County Sheriff Contract for Police Protection for the City of Albertville that would be effective January 1, 2010 and end on December 31, 2011. BACKGROUND: Every two (2) years, the City of Albertville enters into a Police Protection Agreement with the Wright County Sheriff's Department. The Wright County Sheriff s Department agrees to provide Police Protection within the Albertville corporate limits to the extent and in the manner spelled out in the contract. KEY ISSUES: • The Sheriff s Department shall have full cooperation and assistance from the City of Albertville, its officers, agents and employees so as to facilitate the performance of the agreement. • The County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. • The City of Albertville shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. • The City of Albertville shall not be liable for compensation or indemnity to any of the Sheriff s employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the City of Albertville against any such claims. • The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said City or any officer, agent, or employee thereof. • The number of hours of service to be provided pursuant to the contract are as follows: 8,760 hours annually, and shall provide 24-hour call and general service. POLICY CONSIDERATIONS: The Mayor and Council have an ongoing understanding with the Wright County Sheriffs Department. FINANCIAL CONSIDERATIONS: The financial considerations at this time is that the City of Albertville agrees to pay Wright County the sum of $57.50 per hour for police protection during the calendar year of 2010; and, $59.00 per hour during the calendar year of 2011. This rate is subject to deputy salary increases during the two (2) year contract. M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Wright County Sheriff Contract Renewal.doc Agenda Item No. 8.E.2. Meeting Date September 21, 2009 Mayor and Council Communication — September 16, 2009 Finance Director — Wright County Sheriff Contract 2 of 2 LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, "U i ` ,' in Larry R. Kruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Wright County Sheriff Contract/Agreement M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Wright County Sheriff Contract Renewal. doc gg�� gg'++ Agenda Item No. O.E.2. Meeting Date September 21, 2009 LAW ENFORCEMENT CONTRACT THIS AGREEMENT, made and entered into this day of , 2009, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the CITY OF ALBERTVILLE hereinafter referred to as the "Municipality"; WITNES SETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff, and WHEREAS, the County is agreeable to rendering such services, and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes.. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. C. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. 1 31 d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority; i.e., the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city management matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. The Municipality shall be responsible for enforcement of the Municipal Zoning Code, except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e., junk cars, etc. and traffic ordinances; i.e., parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. In order to facilitate a local presence of Sheriff's Deputies, the Municipality shall, if requested by the Sheriff, provide a local telephone line and space for a computer workstation in the respective City Hall or other suitable city owned building at no cost to the County. The Municipality shall allow a sign indicating the location of its Sheriff s substation with appropriate telephone numbers to be displayed on the exterior of the building. 3. That the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriffs employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 2010 to December 31, 2011. a 32 The Municipality agrees to pay to the County the sum of $57.50 per hour for law enforcement protection during the calendar year 2010 and $59.00 per hour during the calendar year 2011. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 9. This contract shall be extended automatically for successive one year periods at a rate to be established by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15 of each year. 10. The number of hours of service to be provided pursuant to this contract are as follows: 8,760 hours annually, and shall provide 24-hour call and general service. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 13. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 3 33 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. Dated: ATTEST: Clerk Dated: ATTEST: Richard W. Norman County Coordinator Dated: Approved as to form and execution: Tom Kelly, Wright County Attorney W Mayor WRIGHT COUNTY COMMISSIONERS: Pat Sawatzke, Chairperson Gary Miller Wright County Sheriff 34 - Nbcrtville Mayor and Council Communication September 15, 2009 SUBJECT: 0 City Clerk — St. Michael Lions Club Gambling Permit RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve a Minnesota Lawful Gambling License for the St. Michael Lions Club to sell Raffle tickets throughout the Albertville city limits from January 1, 2010 to March 1, 2010, in which a drawing will take place on March 5, 2010 at St. Albert Parish Center located at 5700 Lander Avenue NE within the Albertville city limits. BACKGROUND: The Mayor and City Council review and approves all Liquor License applications that are presented to City staff. The Council may ask questions regarding the liquor license applications that are submitted to the City Clerk. KEY ISSUES: • Over the past several years the St. Michael Lions Club have submitted a Gambling Permit to sell raffle tickets throughout the Albertville city limits from January to March for a drawing that is held in March at the St. Albert Parish Center located on Lander Avenue NE in Albertville. • According to the Clerks records, the St. Michael Lions have not submitted a previous Gambling Permit application in 2009. • Council may deny the application, in which the St. Michael Lions would not be allowed to sell Raffle tickets either by going door-to-door, at various establishments, in conjunction with meat raffles, or during other events that are held within the Albertville city limits. POLICY CONSIDERATIONS: It is the City's policy to have the Mayor and City Council review applications for Gambling Permits and Liquor Licenses for events that will be held within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit; however, there is financial revenue collected from the applicant for a liquor license. M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 City Clerk St Michael Lions Gambling Lic-St Albert Parish.doc Agenda Item No. 8. F.1 . Meeting Date September 21, 2009 Mayor and Council Communication — September 15, 2009 City Clerk — St. Michael Lions Club Gambling Permit Page 2 of 2 LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny all gambling permit and liquor license applications received by the City of Albertville. Respectfully submitted, &VIJUw "6-� Larry R. Kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: St. Michael Lion's Mn Gambling License M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 City Clerk St Michael Lions Gambling Lic-St Albert Parish.docc g,� 1 Agenda Item No. 8. l' .1 . Meeting Date September 21, 2009 Minnesota Lawful Gamblina Page 1 of 2 7/09 Application for Exempt Permit Application feeLG220 If application postmarked or received: less than 30 days more than 30 days An exempt permit may be issued to a nonprofit organization that: conducts lawful gambling on five or fewer days, and before the event before the event awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check # $ Organization name Previous gambling permit number St. Michael Lions Club X-06422-09-003 Type of nonprofit organization. Check one. Fraternal Religious Veterans Z Other nonprofit organization Mailing address City State Zip Code County 525 Sumerlin Rd. St. Michael MN 55376 Wright Name of chief executive officer (CEO) Daytime phone number Email address Tony Dehmer 763-497-2455 adehmer@aol.com Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. ❑ IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both. of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING. PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) St. Albert's Parish Center Address (do not use PO box) City Zip Code County 11458 57th St. NE Albertville 55301 Wright Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* [g Raffles ❑ Paddlewheels* Pull -Tabs* Tipboards* * Gambling equipment for pull -tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Also complete Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4076. 37 i b"rtvij�£ r. Mayor and Council Communication September 15, 2009 SUBJECT: ENGINEERING - KALLAND AVENUE NE SIDEWALK SAFETY DISCUSSION OF OPTIONS: Pursuant to Council direction, the following options along with their associated construction cost estimates are offered for further discussion. Option l: Remove and Replace Sidewalk ($46,400) This is the staff recommended option that will provide the desired walkway and achieve accessibility compliance. This option assumes the Contractor is paid $20,400 for the original walk and $12,000 for the replacement walk. It is estimated that approximately $14,000 of driveway patching will be required with this option. It is also assumed Public Works will be responsible for all removals, yard grading, topsoil and turf restoration, and their associated costs. It should be noted that this option will require modification to driveway and yard grades. To accommodate the required sidewalk grades, driveway slopes will have to be increased. This option will require close coordination with the effected residents, whom may not like the necessary impacts to their driveways and yards. Costs associated with overhead and engineering have not been included in the above estimate. Option 2: Remove Sidewalk and Restore Boulevard with Turf ($27,400) This option assumes the entire sidewalk is removed and standard residential concrete aprons are installed at all driveways. It is also assumed Public Works will be responsible for all removals, yard grading, and topsoil and turf restoration, and their associated costs. Option 3: Remove Portions of the Sidewalk ($24,400) This option addresses the sidewalk in front of the driveway closest to 57th Street, which has a cross -slope that exceeds 12%. This option assumes that the entire driveway will have to be replaced, as well as, approximately 100' of walk. This option will require yard grading and assumes Public Works will be responsible for all removals, grading, and turf restoration. This option does not achieve accessibility compliance. Option 4: Accept Sidewalk As -Constructed ($20 400) This option assumes the sidewalk is accepted as -constructed and does not achieve accessibility compliance. BACKGROUND: This past July a segment of sidewalk was constructed directly adjacent to the curb along the west side of Kalland Avenue NE between Kantar Court and 57th Street. The sidewalk was constructed such that impacts to the abutting driveways and boulevards were minimized; however, the resulting cross -slopes of the sidewalk exceed accessibility requirements. Staff measured cross -slopes of the walk at the approximate centerline of each driveway and at the approximate midpoint between driveways. Along the approximate 800-feet of walk, the M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Engineering Kalland Sidewalk RCA (Options).doc Agenda Item No. O. 1..1.. Meeting Date September 21, 2009 Mayor and Council Communication — September 15, 2009 Engineering — Kalland Avenue Sidewalk Page 2 of 2 cross slope was measured at eighteen (18) locations. Of the eighteen recorded measurements, the cross -slope of the walk was found to vary between 3.3% and 12.8%. The average of the measurements taken was found to be approximately 7%. The as -built cross -slope of the walkway exceeds the Americans with Disability Act (ADA), MnDOT, FHWA, and the U.S. Access Board guidelines, as well as, Albertville standards for pedestrian sidewalks. Typically walkways parallel to roadways are required to have a cross - slope equal to or less than 1:50 (2%). Chapter 4.3.7 of the ADA Accessibility Guidelines states, "nowhere shall the cross slope of an accessible route exceed 1:50." At the August 17 and September 8 City Council meetings, the sidewalk matter was discussed and Council directed staff to review the Contractors Obligations and to develop options for further discussion. KEY ISSUES: • The cross -slope of the sidewalk exceeds accessibility requirements. • Staff recommends the walk be replaced with an ADA compliant walk. • The Contractor believes they constructed the walk as instructed. The Contractor believes they are entitled to the contract amount for the project, and is willing to do further work at a reduced price to assist the City. • To date, approximately $5,000 of the $20,400 total invoice for the project has been retained. POLICY CONSIDERATIONS: It is City policy to design and implement safe public improvements. FINANCIAL CONSIDERATIONS: Costs beyond the original contract amount have not been budgeted for and would most likely be funded through general and/or trail funds. LEGAL CONSIDERATIONS: Public improvements must be designed to conform to accessibility standards to the extent that it is feasible to do so. Failure to do so creates a liability and exposed the City to a potential lawsuit. Respectfully submitted, 0�01 "%r(� Larry R. Kruse City Administrator Department/Responsible Person: Engineering/Adam Nafstad, City Engineer Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\09 21 2009 Engineering Kalland Sidewalk RCA (Options).doc Agenda Item No. 8.1..1. Meeting Date September 21, 2009 A1bcrtvillc Mayor and Council Communication September 15, 2009 SUBJECT: ENGINEERING - FOUR SEASONS PARK IMPROVEMENTS — PROJECT UPDATE BACKGROUND: This past July, the low bid of $36,500 from Omann Bros. for improvements to Four Seasons Park was approved. The original bid, and scope of work, was limited to removing and replacing the bituminous surface of the tennis court and color surfacing of both the tennis court and basketball court. Upon removal of the old tennis court pavement, unsuitable soils and very wet conditions were encountered. To correct the soil condition and minimize potential costs associate with construction delays, staff directed the Contractor to correct the unstable soils to a depth of 30-inches and construct pavement section that included drain tile, geotextile fabric, sand and aggregate base. The additional work added approximately $34,000 to the project cost. To date, the soil correction has been completed and the first lift of bituminous has been placed. It is anticipated that the second lift of pavement will be placed during the week of the 141h, with fence and turf restoration to follow immediately. The colored topcoat for both the tennis and basketball courts will be painted in the spring. KEY ISSUES: • The Four Seasons Park tennis courts are well utilized. • The soil correction was necessary to construct the tennis courts. • Soils corrections added approximately $34,000 to the project. • Multiple bids for the added work were obtained. • All work will be completed by the spring of 2010. FINANCIAL CONSIDERATIONS: The estimated construction cost of the project, including the additional work, is $70,500. The LMC Insurance Trust will pay for approximately 10% of the project and the remaining balance will be paid using a combination of the Park Building, Park, and Trail funds. LEGAL CONSIDERATIONS: The City Council possesses the authority to order and pay for local improvements. Respectfully submitted, 00-td- '1"� Larry R. Kruse City Administrator Department/Responsible Person: City Engineer/Adam Nafstad Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Engineering Four Seasons Park RCA.doc Agenda Item No. B.I..2. Meeting Date September 21, 2009 41 >b£Y''tV1ll£ Mayor and Council Communication September 16, 2009 SUBJECT: LEGAL — RESOLUTION CONSENTING TO CHARTER RESTRUCTURING RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: approve City of Albertville Resolution No. 2009-033 entitled Consent to Charter Restructuring. BACKGROUND: On March 27, 2009, Charter Cable Company filed for federal bankruptcy protection under Chapter 11 of the bankruptcy code. As part of its restructuring in bankruptcy, Charter is issuing new stock to its former bondholders. Technically, this constitutes a change of ownership which requires the City's consent under state law and the City's franchise agreement. The change of ownership has no impact on Charter's franchise obligations with the City. KEY ISSUES: This is a technical matter requiring formal City approval of the change in ownership of Charter. POLICY CONSIDERATIONS: Consent to the change in ownership is necessary in order for Charter to continue operating in the City pursuant to the franchise agreement. There are no direct or indirect impacts upon the City from this approval. FINANCIAL CONSIDERATIONS: None. The City will continue receiving the franchise fee from Charter even while it is in bankruptcy. LEGAL CONSIDERATIONS: This is purely a technical issue. Passage of this resolution will not result in any substantive changes in the City's franchise agreement with Charter. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: City of Albertville Resolution No. 2009-033 M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Legal Charter cable consent RCA.doc Agenda Item No. 8. .1. Meeting Date September 21, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-033 CONSENT TO CHARTER RESTRUCTURING WHEREAS, CC VIII Operating, LLC ("Franchisee"), an indirect, wholly -owned subsidiary of Charter Communications, Inc. ("Charter"), owns a cable television system (the "System") in the City of Albertville, Minnesota (the "Franchise Authority"); and WHEREAS, Franchisee operates pursuant to a cable franchise ordinance ("Franchise") issued by the Franchising Authority; and WHEREAS, on March 27, 2009, Charter and certain of its subsidiaries filed voluntary petitions in the United States Bankruptcy Court for the Southern District of New York ("Bankruptcy Court") seeking relief under the provisions of Chapter 11 of Title 11 of the United States Code in order to effectuate a financial restructuring (Case No. 09-11435); and WHEREAS, pursuant to the terms of agreements entered into between Charter and its key bondholders, Charter's current Class A Common Stock and Class B Common Stock will be cancelled and replaced with new voting stock owned by Paul G. Allen and such bondholders, as described in filings with the Bankruptcy Court (the "Reorganization"), copies of which have been provided to the Franchise Authority; and WHEREAS, pursuant to the Reorganization, the voting interest of Charter's current principle shareholder, Paul G. Allen and his affiliated entities, will be reduced from approximately 9 1 % to 35%, and new stockholders (principally certain bondholders) will acquire the remaining 65% of the voting shares; and WHEREAS, under both the Franchise and Minnesota Statutes, Section 238.083, the Franchising Authority's written approval of the Reorganization is necessary; and WHEREAS, in April, 2009, Charter requested the Franchising Authority's written approval of the Reorganization by filing Federal Communications Commission ("FCC") Form 3 94; and WHEREAS, the City has reviewed the FCC Form 394 and finds that the Reorganization, as described therein, will not materially impair the legal, technical or financial ability of Charter or Franchisee to perform under the terms of the Franchise. WHEREAS, the Franchise Authority has considered and approves of the Reorganization described above. 45 City of Albertville County of Wright Resolution No. 2009-033 Page 2 NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Reorganization described in the FCC Form 394. This Resolution shall be deemed effective upon adoption. 4. This Resolution shall have the force of a continuing agreement and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee. 5. The Franchisee remains fully subject to any liabilities or obligations under the Franchise and state and federal law regardless of when such liabilities or obligations arose. 6. The Franchising Authority expressly reserves and does not waive its rights regarding Franchise compliance regardless of when the acts, failures to act, or other events giving rise to and such compliance matters occurred. PASSED, ADOPTED AND APPROVED this 21st day of September, 2009. Ron Klecker, Mayor ATTEST: Bridget Miller, City Clerk MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-33 (Consent to Charter Restructuring).doc M Nbertville SmaY Towne ft tlhy 11M. Mayor and Council Communication September 16, 2009 SUBJECT: LEGAL — AMENDMENTS TO 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO VACANT BUILDINGS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: approve City of Albertville Ordinance No. 2009-016 entitled an Ordinance Requiring Registration of Vacant Buildings. BACKGROUND: The increasing number of foreclosures has resulted in a number of problems that have impacted the City, including lawns not mowed, homes not secured due to vandalism, disrepair, decay, etc., and frozen pipes with large volumes of water dumping into the home resulting in severe damage to the home. When these problems occur, it consumes staff time and resources in trying to locate the owner, coordinating repairs with the owner or bank that may be in the process of foreclosing, and dealing with complaints from neighbors. The proposed vacant building registration ordinance requires the property owner to register a vacant building with the City, and pay a $100 annual registration fee to cover the City's costs in inspecting the property and dealing with ordinance issues that arise related to the property. KEY ISSUES: • Does not apply to unoccupied homes that are secured by normal means (e.g. normal lock on the front door, etc.), and that are not in any phase of foreclosure or in violation of a City ordinance (this ordinance won't apply to homes where the owner is a snowbird or on an extended vacation). • Does not apply to buildings under construction with a valid building permit. • Requires the owner to register the property with the City if it is: o Unoccupied and unsecured for 5 days; or o Secured by other than normal means for 15 days; or o Under any phase of foreclosure; or o Unoccupied and a dangerous structure; or o Unoccupied and has a City code violation existing for 5 days or more; or o Unoccupied and unfit for human habitation. • Requires the owner to provide names and contact information for owner and all mortgage holders. • Requires the owner to pay for any ordinance abatement actions the City takes. • Annual registration fee of $100. • Authorizes the City to shut off the water, mow the lawn, inspect the property, etc. as necessary. • Allows the City to certify any unpaid charges from mowing, etc., to the property taxes. M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Legal vacant building ordinance RCA #2.doc Agenda Item No. 8.12. Meeting Date September 21, 2009 47 Mayor and Council Communication — September 16, 2009 Legal — Ordinance Amendment relating to Vacant Bldgs. Page 2 of 2 POLICY CONSIDERATIONS: The City Council has already determined that it wants Public Works to keep the vacant lots consistently mowed. This ordinance will aid in identifying these lots, and will help City staff stay ahead of the curve and potentially prevent damage to homes from freezing pipes, being open to the elements, vandalism, etc. FINANCIAL CONSIDERATIONS: Staff believes that the $100 annual fee will fairly reimburse the City for the staff time it is putting into these issues. While there is no way to tell for sure before the ordinance is implemented, this appears to be a revenue neutral measure. LEGAL CONSIDERATIONS: While some questions remain regarding the City's authority to mow grass on private property and special assess for the cost, there appears to be no practical alternative to the City's current policy, particularly given the large number of foreclosed properties in the City. State statutes govern other measures that the City may take under this ordinance, including securing a home that is open to the public or repairing or demolishing a dangerous structure. Respectfully submitted, 011r , 11 U Larry R. Kruse City Administrator Department/Responsible Person: Legal; Building Dept./City Attorney Mike Couri; Building Official Jon Sutherland Attachments: City of Albertville Ordinance No. 2009-016 M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Legal vacant building ordinance RCA #2.doc Agenda Item No. 8.12. Meeting Date September 21, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-016 AN ORDINANCE REQUIRING REGISTRATION OF VACANT BUILDINGS The City Council of the City of Albertville, Minnesota hereby ordains: 1. Title 8 of the 2005 Albertville Municipal City Code is hereby amended to add Chapter 10 which reads as follows: 8-10-1 VACANT BUILDING REGISTRATION A. Purpose: The purpose of this ordinance is to protect the public health, safety and welfare, by establishing a program to identify and register vacant buildings and by determining what actions the City will take and what actions the owners of the buildings must take. B. Findings: The city council finds that buildings which remain vacant and unoccupied for any significant period of time become an attractive nuisance to children, a harborage for rodents, an invitation as a temporary abode, an increased fire hazard, an increased risk of explosion due to the theft of internal piping, and that the unkempt grounds surrounding such property invite the dumping of garbage and rubbish thereon; that such buildings are often permitted to become dilapidated; that such buildings contribute to the growth of blight within the city, depress market values of surrounding properties to the detriment of the various taxing districts and require additional governmental services; that the use and maintenance of property in such condition and manner endangers the public safety and health, constitutes an unreasonable use and condition to the annoyance, discomfort and repose of a considerable number of the public, is detrimental to the public good and to the common welfare; and renders a considerable number of the public insecure in the use and enjoyment of their property, and thus may constitute a nuisance condition. Adequate protection of public health, safety and welfare, therefore, requires the establishment and enforcement of the means by which such nuisance conditions may be abated. C. Definitions l . Dangerous structure: means a structure that is potentially hazardous to persons or property, including, but not limited to: (a) a structure that is in danger of partial or complete collapse; (b) a structure with any exterior parts that are loose or in danger of falling; or (c) a structure with any parts, such as floors, porches, railings, ramps, balconies, or roofs, that are accessible and that are M either collapsed, or in danger of collapsing or unable to support the weight of normally imposed loads. 2. Secured by other than normal means: refers to a building secured by means other than those used in the design of the building. 3. Unoccupied: means a building which is not being used for a legal occupancy 4. Unsecured: means a building or portion of a building that is open to entry by unauthorized persons without the use of tools. 5. Vacant building: means a building or portion of a building that is: a. Unoccupied and unsecured for five (5) days or more; b. Unoccupied and secured by other than normal means for fifteen days or more; c. Unoccupied and in any phase of an active foreclosure proceeding under Minnesota Statutes; d. Unoccupied and a dangerous structure; e. Unoccupied and posted for no occupancy or unfit for human habitation; f. Unoccupied and has a City code violation existing for five days or more; or g. Condemned and illegally occupied; h. Vacant building does not mean any building being constructed pursuant to a valid, unexpired building permit issued pursuant to City building code regulations. D. Registration 1. The owner of a vacant building shall register the building with the City no later than seven (7) days after the building becomes a vacant building as defined in this article. 2. The City may register an unoccupied building as a vacant building when the City takes ordinance enforcement action or action to abate an ordinance violation against the unoccupied building or the grounds upon which it is located. In such case, the City shall complete all forms required by this subdivision and may special assess all registration costs against such property. 3. A registration shall be completed on a form provided by the City. Such completed registration may be sent to the owner and all other parties holding an ownership or security interest in the property. The completed form shall include the following: a. A description of the premises including address. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-016 (Vacant Property Registration) 2.doc Agenda Item No. 8.J.2 Meeting Date September 21, 2009 50 b. The names and addresses of the owners of the property. c. The names and addresses of all known lien holders. d. The period of time the building is expected to remain vacant. e. A plan or timetable for returning the building to appropriate occupancy. 4. The owner shall notify the City in writing of any changes in the information supplied as part of the vacant building registration within seven (7) days of such change. 5. The owner of the building shall keep the vacant building secured and safe and the building grounds maintained. 6. The owner shall disconnect utilities to the vacant building when required by the City Building Official. 7. Any new owner of a vacant building as defined by this section must notify the City in writing of the change of ownership within seven (7) days of the change of ownership. 8. The owner of a vacant building must allow the City access for inspections. The City will provide the owner with five (5) days notice for any inspection request except where a hazardous or unsafe condition exists, in which case the City may access the vacant building for inspection purposes after making a reasonable effort to contact the owner via telephone. E. Vacant Building Registration Fee. The owner of a vacant building shall pay an annual registration fee of $100.00. Said fee maybe modified by City Council resolution from time to time. Subsequent annual fees shall be paid on the anniversary of the initial registration. This fee is imposed to defray the costs of registering and monitoring the vacant building. 2. The first annual fee shall be paid no later than ten days after the building has become a vacant building as defined by this section. F. City Action. The City may take the following actions in relation to a vacant building. The building owner shall reimburse the City for all costs incurred by the City pursuant to this section. 1. The City may shut off water service to the vacant building, unless the owner can show good cause why water service should remain on. 2. The City may inspect the premises of the vacant building each month. M:\Public Data\Ordinances\2009 Ordmances\DRAFTS\O 2009-016 (Vacant Property Registration) 2.doc Agenda Item No. 8.12 Meeting Date September 21, 2009 51 3. The City may take any other action required to secure the building. Any additional costs shall be charged back to the owner of the property. 4. The City may mow the lawn, landscape or grounds of any vacant building as needed if the plant growth violates City ordinance and the owner fails to timely cut the lawn. The owner shall pay the City for mowing the lawn at the City's standard billing rate. 5. The City may plow sidewalks and driveways located on the vacant property, remove garbage from the vacant property, and take any other actions authorized by law to remedy an ordinance violation. 6. The City may conduct site inspections of the property upon which the vacant building is located as needed to insure that the building is secure, the grounds are maintained and compliance with the terms of this ordinance is achieved. G. Certification of Unpaid Service Charges. In the event the building owner fails to reimburse the City within 30 days of mailing of a bill by the City for costs incurred by the City pursuant to enforcement of this ordinance against a vacant property, or in the event the building owner fails to pay the registration fee required by this ordinance, the City may certify such unpaid charges to the County Auditor for collection with the next year's property taxes after ten days mailed notice to the property owner sent via first class U.S. Mail to the owner's address as listed on the tax records at the Wright County Recorder's Office. H. Penalty: Any owner who fails to register a vacant building under this section or who provides inaccurate or false information shall face an administrative fine of $100.00 for each month that the building remains unregistered. Appeal: Any owner of a vacant building who believes that an order or penalty issued under this article is based on an erroneous interpretation of this article or a misstatement of facts may appeal to the City Council. Such appeal must be in writing and must specify the grounds for the appeal. Any appeal must be filed within ten (10) days of the action taken with which the owner disagrees. This Amendment shall be in full force and effective immediately following its passage and publication. Passed by the council this 2 1 " day of September, 2009 Ron Klecker, Mayor M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-016 (Vacant Property Registration) 2.doc Agenda Item No. 8.J .Z Meeting Date September 21, 2009 52 °�. �lbertvijle Mayor and Council Communication T— uwq. 9% e+cv ur.. September 16, 2009 SUBJECT: LEGAL — AGREEMENT TO SPECIALLY ASSESS SAC AND WAC CHARGES TO ALBERTVILLE MARKETPLACE CONVENIENCE STORE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: approve Agreement for Waiver of Objection to Special Assessment for SAC and WAC Charges. BACKGROUND: Albertville Marketplace, LLC (Phil Morris) has applied for a building permit to construct a gas station/convenience store/restaurant on lot 2 of Albertville Marketplace. The City Engineer has calculated the SAC charge to be $50,600.00 and the City -portion of the WAC charge to be $10,450.00. The Developer is now requesting that the City special assess the combined $61,050.00 in SAC and WAC charges to the property as a means of making it easier for the Developer to cash flow the start-up costs of the project (the Developer has paid the $20,702 Joint Powers portion of the WAC fee). The City has special assessed SAC and WAC fees to other restaurants and buildings in the past, including Perkins, D. Michael B's and the Country Inn and Suites. The attached agreement requires the Developer to waive its right to appeal the special assessment to District Court, KEY ISSUES: • The assessment is proposed to be over a three year period at 6.2% interest. • The assessment becomes a lien on the property collectible with the taxes, and thus has priority over all mortgages and other liens that may come onto the property. • The proposed 6.2% interest rate represents a much better rate of return than what the City can earn on its investments. POLICY CONSIDERATIONS: The City Council has the authority to enter into this agreement to special assess the SAC and WAC costs. While the City has done this for other businesses in the past, the City has no obligation to do so in this instance. Because the Developer's building permit application indicates a $700,000 building (net of the land value) will be constructed on this site, the risk of non-payment of the $61,050 in SAC and WAC charges (which would lead to a tax sale of the property) is negligible. M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Legal SAC and WAC assessment RCA.doc Agenda Item No. 8.13. Meeting Date September 21, 2009 53 Mayor and Council Communication — September 16, 2009 Legal — Albertville Marketplace Agreement for Waiver (Spec Assess) Page 2 of 2 FINANCIAL CONSIDERATIONS: Approval of this agreement will delay payment of the $61,050 over a three year period, but will return more in interest than the City could otherwise earn. LEGAL CONSIDERATIONS: This agreement will be binding upon the Developer and ensures that the City can special assess the property in the full $61,050 amount. Respectfully submitted, Larry R. Kruse bmCity Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Agreement for Waiver of Objection to Special Assessment for SAC and WAC Charges M:\Public Data\Requests for Council Actions (RCA)\2009\09 212009 Legal SAC and WAC assessment RCA.doc Agenda Item No. 8.13. Meeting Date September 21, 2009 54 AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT FOR SAC AND WAC CHARGES WHEREAS, Albertville Marketplace, LLC, a Minnesota Limited Liability Company, ("Developer") the owner of Lot 2, Block 1 of Albertville Marketplace, City of Albertville, Wright County, Minnesota ("Property") has applied for a building permit for a convenience store/restaurant; and WHEREAS, the City's ordinances require that sewer access charges ("SAC") and water access charges ("WAC") be paid upon construction of a building upon the Property; and WHEREAS, the Developer has requested that the City special assess its SAC charge and the portion of its WAC charge that is not due to the Joint Powers Water Board in lieu of collecting such amounts at the time of building construction; and WHEREAS, the amount of SAC to be specially assessed is $50,600.00 and the amount of WAC to be specially assessed is $10,450.00; NOW, THEREFORE, the City of Albertville and Developer agree as follows: 1. Developer hereby requests the City to special assess $50,600.00 in SAC charges and the $10,450.00 in WAC charges to the Property. 2. Developer hereby knowingly and voluntarily waives any objection to said assessment levied against the Property in an amount up to $61,050.00. Specifically, Developer acknowledges that its Property will be benefited by said assessments in the amount of $61,050.00 in lieu of paying said amounts immediately as would otherwise be the case. Developer hereby waives any right to appeal or challenge an assessment in the amount of $61,050.00 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. 3. The special assessment shall be payable over a period of 3 years and shall bear interest at a rate of 6.2% per annum. 4. Developer waives its right to published notice of the special assessment hearing, waives two weeks mailed notice of the special assessment hearing, and waives any procedural irregularities that may arise in the assessment process. 55 5. Developer agrees that should it appeal the special assessments in violation of this Agreement, it will pay the City's court costs and attorney's fees in defending such an appeal. 6. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: September , 2009 CITY OF ALBERTVILLE DEVELOPER Ron Klecker Mayor Bridget Miller City Clerk Its: 2 .0 VAL:Tlme To: Larry Kruse, City Administrator; Albertville City Council From: Mike Couri Date: September 16, 2009 Re: Attorney Report - Below is an update of the projects our office has been working on for the City. • Highway 19 South Improvement. All briefs in the Psyk assessment appeal were submitted on July IOth. The Court has until October 8th to issue a ruling —I expect a decision any day now. The last day of trial on the Leuer assessment appeal is September 25th. I expect we will submit final briefs to the Court sometime in November and likely will get a decision in this case sometime after the first of the year. • Prairie Run. We are proceeding with a complaint against Alpine Capital, the issuer of the Prairie Run letter of credit as there are no judgments docketed against Alpine anywhere in the state. If we proceed to judgment, there is a good chance we will eventually collect on it. • TIF Districts. I have sent an acknowledgement of receipt for Dennis Fehn Gravel & Excavating to sign acknowledging receipt of approximately $45,800 in payment from Barthels that would qualify for TIF funding. I left a message with the Fehns to contact me but have not been in contact with them yet regarding the acknowledgement. • Towne Lakes 6th Addition. I have left two messages with M&I Bank's attorney regarding the trail issue, but have not heard back from her yet. M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Legal - Attorney Report 17, September 16, 2009.ddoc Agenda Item No. 8.J.4. Meeting Date September 21, 2009 57 • Towne Lakes Water Bill. I will be sending the signed agreement to have Scherer Brothers pay the $19,000 in water bills in exchange for the City releasing Scherer Brothers remaining 5 lots from financial liability to Scherer Brothers' attorney for signature by Scherer Brothers and return to the City. Once signed, we will have the $19,000 in about a week. • Hoey Sign Relocation Compensation. We were in contact with the administrative law judge's office this week and have scheduled a hearing for this matter on November 5, 2009 in St. Paul. • CSAH 37 West Trunk Utility District. The ordinance establishing this sub- district will go to the Council for approval within a month or so once all of the construction costs have been tallied. We have prepared the deeds to acquire the liftstation property and will be forwarding these to Tim Niemeyer for signature shortly. • Vacant Housing Registration Ordinance. This ordinance is on this meeting's agenda for action by the City Council. • I-94 Ramps. We are working with Bill Waytas of Nagle Appraisal to get an appraisal of a property that could be used for ponding. If we are unable to negotiate a purchase of the property from the owner after the appraisal is completed, the issue. will likely come to the City Council for consideration of acquisition by condemnation. M:\Public Data\City Council\Council Packet information\2009\09-21-09\09 212009 Legal - Attorney Report 17, September 16, 2009.ddoc i Agenda Item No. 8.ei .4. Meeting Date September 21, 2009