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2009-10-05 CC PacketNibertville i f Albertville Council Agenda SamsT � No 0tv UNL City ° g OCTOBER 5, 2009 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In any case, citizens are asked to complete a `Request to Speak Card'. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. MINUTES A. Approve September 21, 2009 regular City Council minutes (pgs. 1-15) B. Approve September 30, 2009 Special City Council Workshop minutes (pg. 17) 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 8.11.1. Public Works — 2009-2010 Wright County Salt Purchase (pgs. 19-22) 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 23-28) 8.J.1. Legal — Ordinance Summaries for Publication (pgs. 65-74) 8.12. Legal — Set Hearing for CSAH 37 Districts (pg. 75) 8.13. Legal — Set Three Public Hearings — Assessments (pgs. 77-78) 8. DEPARTMENT BUSINESS A. Fire Department City of Albertville Council Agenda October 5, 2009 Page 2 of 4 B. Public Works Department 1). 0 Approve the Memorandum of Understanding Between Wright County and the City of Albertville for the Purchase of Salt for the 2009-2010 Snow and Ice Removal Season for $73.98 per ton, which will be subject to a Fuel Clause (19- 22) C. Utilities Department (WWTP) D. Building Department E. Finance Department 1). 0 Authorize the Monday, October 5, 2009 Payment of Claims (bills) for check numbers 027524 to 027563 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 23-28) 2). Authorize staff to Implement Monthly Utility Billing effective January 1, 2010 (pg. 29) 3). Authorize staff to Purchase/Upgrade the Neptune Reading Equipment and Software for Radio Read in the amount of $10,500 (pg. 31) 4). Approve the following items (pgs. 33-36): a. Approve Resolution No. 2009-034 entitled a Resolution Setting Water Utility Rates, increasing the rate for the water utility as follows effective January 1, 2010 b. Approve Resolution No. 2009-035 entitled a Resolution Setting Sewer Utility Rates, increasing the rate for the sewer utility as follows effective January 1, 2010 C. Allow staff to Implement Cost Savings Reduction on Utility Bills for Residents that opt to receive an e-bill (no paper bill) and/or sign up for (ACH) Auto Pay effective January 1, 2010 5). Accept the Finance Director's Monthly Report (pgs. 37-39) F. City Clerk G. City Council 1). Approve the 2009-2010 Insurance Proposal from the League of Minnesota Cities Insurance Trust (LMCIT) as presented by Middleton & Associates, Inc. and on file in the office of the City Clerk with a $1,000 deductible (pgs. 41-50) 2). Oral Update on the Joint Powers Water Board meeting (if applicable) 3). Oral Update on Joint City — School meeting H. Planning and Zoning 1). Accept the Planning and Zoning Recommendation to Appoint Natalya Lindberg to fill the vacancy on the Planning and Zoning Commission effective immediately, which will finish out 2009 and run for a three-year term that will expire December 31, 2012 (pgs. 51-52) 2). Approve Ordinance No. 2009-016, entitled an Ordinance amending Section 1000.7 (Required Fencing, Screening, and Landscaping) of the Albertville M:\Public Data\City Council\Council Packet infonnation\2009\10-05-09\10 05 2009 1-A Agenda.doc Meeting Date: October 5, 2009 City of Albertville Council Agenda October 5, 2009 Page 3 of 4 Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to prohibited trees within the City (pgs. 53-57) 3). Approve Ordinance No. 2009-020, entitled an Ordinance amending Section 1800.1 (Land Filling Operations) and Section 1900.1 (Land Excavation/Grading), relating to the stipulations requiring a Land Fill or Excavation Permit within the City (pgs. 59-62) I. Engineering 1). Accept the City Engineer's Progress Report dated September 28, 2009 (pgs. 63- 64 2). Reduce Letter of Credit No. 805 held as security for the Niemeyer Trailer Sales development to no less than $9,990, conditioned on all outstanding balances owed to the City being paid in full (pgs. 64a-64b) J. Legal 1). 0 Approve the ordinance summaries for Ordinance No. 2009-014 Summary and Ordinance No. 2009-01.5 Summary for purposes of publication of such summaries, and to find that the summaries clearly inform the public of the intent and effect of the following ordinances (pgs. 65-74) 2). 0 Set October 19, 2009 to begin at 7:00 p.m. or soon thereafter as a Hearing for the purpose of taking comment from interested property owners regarding the proposed establishment of Trunk Sanitary Sewer and Trunk Municipal Water Districts related to the 2009 CSAH 37 Trunk Utility Construction Project (pg. 75) 3). Set three Public Hearings (pgs. 77-78): a. Set November 2, 2009 at 7:00 p.m. or soon thereafter for a public hearing to consider the proposed special assessment of Lot 2, Block 1, Albertville Marketplace for $61,050 in SAC and WAC charges b. Set November 2, 2009 at 7:00 p.m. or soon thereafter for a public hearing to consider the proposed special assessment of Lots 1, 2 and 3, Block 1, Niemeyer Trailer Sales, for $224,797 in trunk charges and local sewer and water utility expenses C. Set November 2, 2009 at 7:00 p.m. or soon thereafter for a public hearing to consider the proposed reallocation of special assessments to Lots 1, 2, 3 and 4, Block 1, Albertville Marketplace, in the amount of $21,998.34 for prior special assessments that existed at the time of filing of the Marketplace plat but were not reallocated to the numbered lots when the plat was filed K. Administration 1). Albertville — St. Michael — Hanover Library (decision to participate) (pgs. 79-93) 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS October 2009 M:\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 1-A Agenda.doc Meeting Date: October 5, 2009 City of Albertville Council Agenda October 5, 2009 Page 4 of 4 12 all day Columbus Day observed — City Offices closed 12 6:00 p.m. STMA Ice Arena Board meeting 12 7:00 p.m. Family -Youth Community Cooperative (FYCC) 13 7:00 p.m. Planning and Zoning Commission meeting 19 7:00 p.m. City Council meeting 26 6:00 p.m. Joint Powers Water Board meeting 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 Jt. 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\10-05-09\10 05 2009 1-A Agenda.doc Meeting Date: October 5, 2009 .1J�^o ,Nbcrtvi l l e sir T— u.rw. M% aw W— SUBJECT: CITY COUNCIL MINUTES Mayor and Council Communication September 28, 2009 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion to approve the Monday, September 21, 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, approve the Wednesday, September 30, 2009 Special City Council Workshop minutes as presented, which a final copy will be printed; signed; then the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: The City Council appoint or designate an individual that serves as a Recording Secretary to document motions made on items, topics, or subjects on the agenda or brought up in the meeting. Following the meeting, the Recording Secretary prepares a typed form of the motions made during the meeting and presents them to the Council to review and amend as necessary at the next scheduled meeting. KEY ISSUES: • Minutes may include a summary of the Council's and staff s discussion of agenda items at a regular and or special City Council meeting. • 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. • Amend the content of the minutes if necessary to reflect the true action taken or statements made. POLICY/PRACTICES CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Respectfully submitted, dalw� Larry R�kruse City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: September 21, 2009 regular Council minutes and September 30, 2009 Special minutes M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 City Council minutes RCA.doc Agenda Item No. 6. Meeting Date October 5, 2009 A�1bertville Nna TW. ALBERTVILLE CITY COUNCIL SEPTEMBER 21, 2009 MINUTES ALBERTVILLE CITY HALL 7:00 PM OTHERS PRESENT: City Administrator Larry Kruse, City Engineer Adam Nafstad, City Planner Alan Brixius, City Attorney Mike Couri, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller,. ABSENT: none Lisa Thomas of'1101„1 Frankfort Parkway NE of St. Michael presented a Proclamation to the Mayor and Council members: Mayor Klecker read the Proclamation that proclaimed Sunday, September 20 to Saturday, September 26, 2009 as Women of Today week. Following the reading of the Proclamation, Ms. Thomas thanked the Mayor and Council for allowing them to come before the Council and proclaiming the week for Women of Today week. CITIZEN FORUM — no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 3 City of Albertville City Council Minutes September 21, 2009 Page 2 of 13 AMENDMENTS TO THE AGENDA The following amendments were made to the agenda: Remove: 8.H.1. Planning — Sprung Building Presentation (STMA Arena) Add: 8.B.2. Public Works - Weeds 8.11.2. Planning —152 Club CUP Re -review 8.K.2. Administration — New Library Branch 8.K.3. Administration — Guardian Angels Update 8.K.4. Administration — Full Moon Saloon and 152 MOTION BY Council member Sorensen, seconded by Co Monday, September 21, 2009 regular City Council agenda Sprung Building Presentation and to include the following Weeds; 8.11.2. Planning — 152 Club CUP Re -review; 8.K. Branch; 8.K.3. Administration — Guardian Angels Update; Saloon and 152 Club Noise Complaints. Motion carried ur MINUTES September 8, 2009 regular City Council minutes MOTION BY Council r Tuesday, September 8, 2 recommendations that Prairie Run Developmen scanned and the electron will serve'as the official uncil member Fay to approve the to remove item 8.H.1. Planning — five (5) items: 8.B.2. Public Works — 2. Administration — New Library 8.K.4. Administration —Full Moon tuber Fay, seconded by Council member Sorensen to approve the 9 regular City Council minutes as amended with the City Attorney's be incorporated into "the minutes to reflect the correct update on the ,hat wilt bib printed and signed; following signing the minutes will be scanned version will be kept on file in the office of the City Clerk that py. Motion carried unanimously. CONSENT AGENDA All items with an asterisk () are considered to be routine in nature by the City staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member, staff, or citizen so requests. In such event, the item will be removed from the Consent Agenda; a separate discussion will take place during the General Order of Business and considered in its normal sequence on the agenda that will require a separate motion. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 El City of Albertville City Council Minutes September 21, 2009 Page 3 of 13 There were four (4) items listed on the Consent Agenda that included the following: 8.B.1. Accepting the Public Works Supervisor's Report dated September 14, 2009; 8.E.1. 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; 8.E.2. Approve the 2010-2011 Wright County Sheriff Department Contract for Police Protection for the City of Albertville; 8.F.1. 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 liinits4 MOTION BY Council member Wagner, seconded by Council m4 September 21, 2009 Consent Agenda that included the following i Public Works Supervisor's Report dated September 14, 2009; 8E Wright County Sheriff Department Contract for Police Protection 8.F.1. Approve a Minnesota Lawful Gambling License for the St. Raffle tickets throughout the Albertville city limits from January which a drawing will take place on March 5, 2010 at St. fAlbert Pa Lander Avenue NE within the Albertville city limits, the followin Monday, September 21, 2009 Payment of Claims (bills) for check presented except the bills specifically pulled, was pulled for furth( separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT - no comments PUBLIC Accent the Public msen to approve the .1. Accepting the e, the 2010-2011 for the City of Albertville; Michael Lions Club to sell 2010 to March"I. 2010, in ish Center located at 5700 item 8.E.1. Authorize the numbers 027466 to 027520 as ion and required eport dated September 14, 2009 MOTION BY Council member Wagner, seconded by Council member Sorensen to accept the Public Works Department Report dated September 14, 2009 as presented on the September 21, 2009 Consent Agenda._ Motion carried unanimously. Weed Concern Council brought up the weeds near Culvers and Perkins, which do not appear to be maintained on an ongoing basis. Council also brought up the silt fence near Perkins that appears to need some attention. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 5 City of Albertville City Council Minutes September 21, 2009 Page 4 of 13 Staff reported that Culvers has mowed the weeds a number of times this season, but not on a regular. basis it has been more on a relaxed/slow schedule. As for Perkins area goes; they have mowed a few times and City staff has mowed a few times. Staff stated that the Perkins Development has been completed for a while and does not appear to have bee kept up. Public Works Supervisor Guimont informed the Council that staff will met with the owner's to discuss the two concerns. UP BUl FIN Aut, to 0 COL the peri doo Col WE ther syst MC Mol 027 Mol 2 the Ury of Amermue -s 027466 `e motion INC in inty vith the ew heating nance. ze the 56 to lotion. action for MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize the 2010-2011 Wright County Sheriff Department Contract for Police Protection for the City of Albertville as presented on the September 21, 2009 Consent Agenda, that will be signed and forwarded onto the Wright County Government for approval and signature. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 51 City of Albertville City Council Minutes September 21, 2009 Page 5 of 13 CITY CLERK AV 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 ................. MOTION BY Council member Wagner, seconded by Council member Sorensen 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 Agenda. Board meeting was the representative will be e Arena wants to put up a little housekeeping e concerns regarding ie October meeting; i was a very nice Monthly Mayor's meeting Mayor Klecker and Council member Fay recently attended the monthly Mayor's meeting. The main topic of discussion was on Safety Preparedness. Klecker and Fay both felt the meeting was M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 City of Albertville City Council Minutes September 21, 2009 Page 6 of 13 very educational. Klecker noted that Albertville was recognized for the successful job of handling the bus accident in 2008 and the recent tanker accident in 2009. Council member Fay reiterated what he mentioned earlier this year, which was to get the Albertville Mall more involved or more aware of the potential safety of the general public. Fay wants to be assured that the Albertville Premium Outlets management is prepared for the potential of a major incident. Mayor Klecker wanted to make sure that staff was prepared in the case of an H1N1 potential outbreak. Staff acknowledged the Mayor's request to be prepared.' PLANNING AND ZONING Sprung Building Presentation (STMA Arena) Apparently there was an error in communication with Sprung Building Company and the presentation will be scheduled for the October 5, 2009. Re -review of the 152 Club Conditional Use j City Planner Brixius brought, up the fact that mail and a few phone calls regarding the doN according to the 152 Club CUP, the CUP is things were going and progressing. lit .r in-house staff members have received an e- wn establishments. Brixius noted that osed to be re-evaluated in a year to see how As shared earlier, there have been a number of phone calls and an e-mail regarding the downtown establishments and installing a fence. In the CUP one of the conditions was to install or construct a fence along the property,if the need arose. There is a resident who has had an increase in trash on their property since the re -development of the downtown. The owner has also experenced glaring headlights through the owner's windows. Brixius continued by informing the Council that staff is strategizing and preparing a letter to the two (2) businesses that were part of the Downtown Re -development. Staff has been in contact with Deb Holm, the owner of the 152 Club, and is aware that a letter is forthcoming. Brixius was basically `looking for Council direction on how to proceed. Mayor Klecker and the Council were on board with staff doing their best to enforce the fence portion of the CUP. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 E City of Albertville City Council Minutes September 21, 2009 Page 7 of 13 ENGINEERING Written Update on Kalland Avenue NE Sidewalk and Adopt one (1) of the four (4) Options City Engineer Nafstad drafted four (4) options per Council direction at the September 8, 2009 Council meeting. Below are the four (4) options for Council to consider regarding the Kalland Avenue NE sidewalk issue/concern. Option 1: Remove and Replace Sidewalk at an estimated cost of $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 11and yards. Costs associated with overhead and engineering have not been, included in the above estimate. Option 2: Remove Sidewalk and Restore Boulevard with Turf at an estimated cost of $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 at an estimated cost of $24,400. This option addresses the sidewalk in front of the driveway closest to 57th Street, which has a cross - slope that'exteeds 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 at an estimated cost of $20,400. This option assumes the sidewalk is accepted as -constructed and does not achieve accessibility compliance. After listening to staff s options, evaluating the situation and taking into account the potential liability the majority of the Council wanted to correct the sidewalk concerns as soon as possible. The Council realized there were no funds in the budget to correct the sidewalk, but did not want to take a risk that the sidewalk issue would be forgotten if they corrected it in the near future. Having discussed the options and taking into consideration of potentially putting the general public at risk of injury the Council made the following motion: M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 ;1 City of Albertville City Council Minutes September 21, 2009 Page 8of13 MOTION BY Council member Vetsch, seconded by Council member Wagner to approve Option 1: Remove and Replace Sidewalk at a cost not to exceed $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. Motion carried unanimously. Written Update on Four Season Parks Tennis City Engineer Nafstad gave an update on the Four Season'P obtained quotes from various vendors for park improvement replacing the bituminous surface of the tennis court and color curl basketball court. Upon removal of the old tennis court pavement, conditions were encountered. In order to correct the soil conditioi with construction delays, staff directed the Contractor to correct tl and construct pavement section ;that included drain tile, geotextile additional work added approximately $34,000 to the'nroiect cost. Nafstad concluded by informing the first lift of bituminous has been plac during the week of the 1, 4t', with fen for both the tennis and basketball co No action necessary as Park. LEGAL Approve City of Al M k Tennis Court, in which staff that included removing and ing of both the tennis court and nsuttable soils and very wet and minimize potential costs associate unstable soils to a depth of 30-inches abric, sand and aggregate base. The that to date, the soil correction has been completed and the anticipated that the second lift of pavement will be placed Xf restoration to follow immediately. The colored topcoat will be painted in the spring 2010. on the Park Improvement within the Four Seasons e Resolution No. 2009-033 entitled Consent to Charter Restructuring City Attorney Couri implied that this is a technical matter requiring formal City approval of the change in ownership of Charter. Charter Cable Company filed for federal bankruptcy protection under Chapter 11 of the bankruptcy code in March 2009. 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 M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 10 City of Albertville City Council Minutes September 21, 2009 Page 9 of 13 agreement. The change of ownership has no impact on Charter's franchise obligations with the City. The following motion was made: MOTION BY Council member Fay, seconded by Council member Sorensen to approve a City of Albertville Resolution No. 2009-033 entitled Consent to Charter Restructuring as presented, that will be printed, signed, recorded, and kept in the office of the City Clerk.. Motion carried unanimously. Approve Ordinance No. 2009-016 entitled an Ordinance Buildings Staff reported there is an increasing number of foreclosurf that have impacted the City, including lawns not mowed, disrepair, decay, etc., and frozen pipes with large v6lumeE resulting in severe damage to the home. When these prob resources in trying to locate the owner, coordinating repai in the process of foreclosing, and dealing with complaints has resulted in a nurr omes not secured due of water dumping into , it of Vacant of problems staff time and the owner or bank that may be 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. There was concern from the Council regarding the $100 registration fee and who would be responsible for paying this fee. Council expressed another concern regarding the Public Works employees utilizing city time to m6w these vacant properties instead of tending to daily city maintenance and operations. Council felt Public... Works or Utilities Department employees could better'' other MOTION BY Council member Fay, seconded by Council member Wagner to approve Ordinance No' 2009-021 (originally presented as Ordinance No. 2009-016) entitled an Ordinance Requiring Registration of Vacant Buildings as presented. Upon approval of Ordinance No. 20094016, staff realized that the Planning and Zoning Commission was in the process of approving an.ordinance number Ordinance No. 2009-016; therefore, staff did their best to correct the numbering of the ordinance and edited the number to be Ordinance No. 2009- 021 that will be printed, signed, recorded, and kept in the office of the City Clerk. Motion carried unanimously. Approve Agreement for Waiver of Objection to Special Assessment for SAC and WA Charges M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 11 City of Albertville City Council Minutes September 21, 2009 Page 10 of 13 City Attorney Couri informed the Council that 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. Couri noted the key issues relating to the special assessment of SAC and WAC, which included: • 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 MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Albertville Marketplace (Lot 2, Block 1) Agreement for Waiver of Objection to Special Assessment for SAC ($50,600) and WAC (City -portion $10,450) Charges; in which the Developer has requested that the City Special Assess the combined $61,050 in SAC and WAC charges to the property known as Lot 2 of Albertville` Marketplace and be it known that the Developer has paid the $20,702 Joint Powers Water Board portion of the WAC charges; in addition, the approval of this agreement will delay,payment of the $61,050 over a three-year period at 6.2% interest: Motion carried unanimously. Accept 16, 2009 City Attorney Couri asked the Council if they had any questions or wanted additional information'relating to the information or topics in the Attorney's report. There were no questions or comments from the Council. City Attorney Couri then asked the Council to make a motion correcting the motion regarding the Amendment to the,Planned Unit Development Agreement for Towne Lakes 6tb Addition. The motion should be reversed. MOTION BY Council member Sorensen, seconded by Council member Wagner to correct the Tuesday, September 8, 2009 regular Council minutes relating to the approval of the AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE LAKES 6Tx ADDITION; and approve AGREEMENT RELATING TO COST OF UTILITY INSTALLATION, which should read as follows: approve the AGREEMENT RELATING TO THE COST OF UTILITY INSTALLATION; and, the AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 12 City of Albertville City Council Minutes September 21, 2009 Page 11 of 13 FOR TowNE LAKES 6TH ADDITION subject to the city receiving a temporary and or permanent easement for the trail on Outlot B, and subject to any minor technical changes by M & I Bank. Motion carried unanimously. ADMINISTRATION Oral City Administrator's Update Noise Complaints City Administrator Kruse updated the Council on the `Downtown' business establishments. Kruse was pleased to report that the door prompting is being handled; Ias well as the direction of the band is being taken care of. The current situation that has arisen may have to deal with the "Clean -Air" act that went into effect in October 2008, in which patrons or customers are not allowed to smoke within a restaurant or other type of business establishment. Over the past months, it has been noticed that more and more customers are out on the sidewalk, street or in the parking lot areas enjoying a cigarette with a possible alcoholic beverage in hand. Staff reported that Full Moon Saloon & Bar has constructed a handicap ramp/deck, in which people are congregating on. Staff has notified the owner that a Building Permit is required for the deck. There was discussion between staff and the Council as to whether the Council would like to get stronger with enforcing the noise complaints. There was no specific direction given from the Council as to whether or not to have staff get more forceful in enforcing the Albertville City Code. Staff will basically continue #o monitor and research more as to why individuals are outdoors and if the customers have an alcoholic bevera;;e'in their hand or not. MEETIN Mayor Klecker acknowledged the upcoming meetings and calendar of events. There was a recommendation to set a meeting to discuss, review, and approving the Memorandum of Understanding Between St Michael, Albertville, and Hanover for Construction and Maintenance of a New Branch Library. MOTION BY Council member Sorensen, seconded by Council member Wagner to set a Special Council meeting for Wednesday, September 30, 2009 following the Joint STMA School Board, City of Albertville, and City of St. Michael meeting to discuss, review, and approve the Memorandum of Understanding Between St. Michael, Albertville, and Hanover for Construction and Maintenance of a New Branch Library. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 13 City of Albertville City Council Minutes September 21, 2009 Page 12 of 13 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. R. Cities of Albertville & St. Michael and STMA. School Board nitg (new STMA High School) October 2009 5 7:00 p.m. City Council meeting 1.2 all day Columbus Day observed - City Offices!dosed 12 6:00 p.m. STMA Ice Arena Board meeting 1.2 7:00 p.m. Family -Youth Community Cooperative (FYC{ 13 7:00 p.m. Planning and Zoning Commission meeting 19 7:00 p.m. City Council meeting' 26 6:00 p.m. Joint Powers Water Board meeting 26 7:00 p.m. Committee of the Whole Workshop (tentative) November 2009 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' Dav observed — City offices closed 16 7:00 p.m. City Council meeting 23 6:00 p.m: Joidt 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) ,mber 2009 7. 6:30 p.m. Truth -in -Taxation Hearing �... 700 p.m. City Council meeting 8 7.0Q 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 M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doe Agenda Item No. 6. Meeting Date October 5, 2009 14 City of Albertville City Council Minutes September 21, 2009 Page 13 of 13 ADJOURNMENT MOTION BY Council member Sorensen, seconded by Council member Wagner to adjourn the Monday, September 21, 2009 regular City Council meeting at 9:13 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-21-09 B-drafts.doc Agenda Item No. 6. Meeting Date October 5, 2009 15 A�IbcrtV1 smd TOUR" u"w. e2 City UNL SPECIAL ALBERTVILLE CITY COUNCIL MEETING SEPTEMBER 30, 2009 MINUTES ALBERTVILLE CITY HALL ROLL CALL tip\ PRESENT: Mayor Ron Klecker, Council members Trim Fay, and Larry OTHERS PRESENT: City Administrator Larry ABSENT: Council members Dan Wap-ner and John V 7:00 PM Pursuant to due call and notice, the Albertvilleatyy Council met a`the riew STMA High School following the Joint City of Albertville, Cityf St Mihael and STAk School Board meeting to make a decision on participation in the Joint bublic Ltbra oleo£ in St. Michael. City Administrator Kruse erhe proposer cost participation, and proposed agreement with the Council andMi end e "he Council tale the final decision until the full Council was present at Monday' �eular riting.� All three mewbsent void their sippdrtthe project and agreed it was a good idea to hold off tit the otl�nbers .d be present. MOTTO * Y Council m' , Fay, onded by Council member Sorenson to voice their support of� ro�ect but de the final decision on cost participation until Monday, October Stn regular Coun eeting wh11 members are present to vote. Motion carried unanimously. ADJOURNMENTS MOTION BY Councif`''member Sorensen, seconded by Council member Fay to adjourn the Wednesday, September 30, 2009 Special City Council meeting at 8:35 p.m. Motion carried unanimously. Larry Kruse, City Administrator (recording secretary) MAPublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 09-30-09 Larry-draft.doc 17 A.1b£rtVljl£ Mayor and Council Communication s.� l— UAW eb row Ur.. September 24, 2009 SUBJECT: 0 PUBLIC WORKS - MEMORANDUM OF UNDERSTANDING BETWEEN WRIGHT COUNTY AND THE CITY OF ALBERTVILLE TO PURCHASE SALT FOR THE 2009-2010 SNOW AND ICE REMOVAL SEASON RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: Motion: approve the Memorandum of Understanding Between Wright County and the City of Albertville for the Purchase of Salt for the 2009-2010 Snow and Ice Removal Season for $73.98 per ton, which will be subject to a Fuel Clause. BACKGROUND: The City of Albertville has been purchasing salt from Wright County since 2006. Albertville Public Works employees load salt from the Wright County Maintenance Facility north of Albertville in the City of Otsego on an as needed basis, which has been working out rather well. A daily journal will be kept by the City to record each load that is picked up by the City crews for billing purposes. The quantity of the load for each truck will be determined initially by weighing the truck before and after loading it with sand and salt at a certified scale. In 2006-2007, the City paid $54.83 per ton of sand and salt mixture from the County. During the 2007-2008 winter season the City paid $57.32 per ton; and in 2008-2009 the City paid $64.20 per ton. Pricing does appear to have gone up a fair amount in 2009-2010, which could be due to the price of fuel to ship. KEY ISSUES: • The County facility is nearby and by using the County's facility it reduces redundancy of facilities and allows for bulk purchase pricing. • Contributes towards an improved relationship with Wright County and the City of Albertville. • County has the ability to store the sand and salt mixture; otherwise, the City would need to dedicate land and construct a building to store the product. • The City would have to contact vendor to obtain prices, order supplies, and arrange for an employee to be available for delivery. POLICY CONSIDERATIONS: It is the City's policy to work with fellow government agencies when possible and to review and approve various agreements between them. FINANCIAL CONSIDERATIONS: The County purchases salt in large volumes at competitive prices and the City benefits from these quantity purchases. The City does not have a storage cost or M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Public Works-W Cty Memo of Understanding for Salt Purchase.doc Agenda Item No. B.B. I . Meeting Date October 5, 2009 Mayor and Council Communication — September 24, 2009 Public Works — 2009-2010 Wright County Salt Purchase Contract Page 2 of 2 environmental concerns of owning a separate facility. The Public Works Dept. annually budgets for ice control. The amount used in any winter depends on the severity of the weather. The price for the 2009-2010 Snow and Ice Removal Season is $73.98 per ton, which salt prices will also be subject to a Fuel Clause in our State Salt Contract that states that an increase of over 20% in fuel costs will be passed on to the customer. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve agreements that the City enters into pursuant to Minnesota State Law. Respectfully (submitted, 17R ruse City Administrator Department/Responsible Person: Public Works/ Tim Guimont, Public Works Supervisor Attachments: Wright County Memorandum of Understanding M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Public Works-W Cry Memo of Understanding for Salt Purchase.doc n Agenda Item No. � v 6 `' On Meeting Date l . 0 5- J MEMORANDUM OF UNDERSTANDING Between WRIGHT COUNTY and CITY of ALBERTVILLE This Memorandum of Understanding is entered into between Wright County (hereafter called "County") and the City of Albertville (hereafter called "City") and sets forth the respective parties' agreement regarding the City storage and purchase of salt from the County at the County's storage facility at their maintenance facility in Otsego. It is hereby understood and mutually agreed to between the parties that: 1) The County will make salt available for the 2009-2010 snow/ice control season, from their salt storage facility in Otsego, to the City of Albertville at the following prices: Price/Ton 10% Fee Sales Tax Total Cost Salt 62.93* 6.29 4.76 $ 73.98 * FOB Otsego Salt prices will also be subject to a Fuel Clause in our state salt contract that states that an increase of over 20% in fuel costs will be passed on to the customer. 2) It is understood that the City will pick up their own materials from this facility using Wright County's loader and the City's trucks. 3) A daily journal, to be kept for billing purposes, must be used by the City to record each load that is picked up by the City personnel. Quantities must be submitted monthly, in writing, to the Wright County Highway Department. 4) The quantity of the load for each truck will be determined initially by weighing the truck with and without load at a certified scale. 5) This Memo of Understanding will be in effect until May 15, 2010. It will be reviewed by both parties after the 2009-2010 snow/ice control season to determine any needed modifications for the next year's renewal. FOR THE COUNTY OF WRIGHT FOR THE CITY OF ALBERTVILLE County Board Chair Dated: Dated: Mayor 21 TO: Wright County Highway Department FROM: DATE: September 14, 2009 (City) or (Township) SUBJECT: Sand/Salt for Winter Maintenance We plan to pick up a total of tons of mixed sand and salt for the 2009-2010 winter season. We plan to pick up a total of tons of pure salt for the 2009-2010 winter season. is authorized to pick up materials for our (City or Township Personnel or Contracted Hauler's Name) City / Township. Signed, City or Township Official Please return this response form by October 16, 2009 to Thank you! Wright County Highway Department 1901 Highway 25 North Buffalo, MN 55313 Fax: 763-682-7313 22 A\lbertvljle Mayor and Council Communication s..wVlw WkW Mg roeb ua. September 30, 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 027524 to 027563 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. 027554 SRF Consulting Group — Pay requests 4, 6 and 7 for I-94 Check No. 027557 Valerius, Bill — Reimburse for purchase of two cameras FD, to be used for fire investigations, etc. Check No. 027561 Wright County Auditor- 2nd half 2009 property taxes payable 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, 00— Larry R. use City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Finance Bills Report (RCA).doc Agenda Item No. 8. E. I.. Meeting Date October 5, 2009 A,Ibc tvi e Small Town Living. Big City Ufa. Check Detail Register October 5, 2009 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027524 10/5/2009 AFLAC G 101-21710 Other Deducations $16.16 889604 insurance Total AFLAC $16.16 Paid Chk# 027525 10/5/2009 AMERICAN TEST CENTER E 101-43100-405 Repair/Maint -Buildings $150.00 2093104 overhead lift tested E 101-43100-404 Repair/Maint - Machinery/Equip $435.00 2093104 bucket truck tested E 602-49400-404 Repair/Maint - Machinery/Equip $100.00 2093104 overhead lift tested Total AMERICAN TEST CENTER $685.00 Paid Chk# 027526 10/5/2009 ARAMARK UNIFORM SERVICES E 101-41940-405 Repair/Maint - Buildings $85.01 629-6806959 mops, mats, inventory E 101-45100-417 Uniform Rentals $13.08 629-6821371 uniforms E 101-43100-417 Uniform Rentals $13.08 629-6821371 uniforms E 602-49400-417 Uniform Rentals $13.08 629-6821371 uniforms E 601-49450-417 Uniform Rentals $13.08 629-6821371 uniforms E 601-49450-417 Uniform Rentals $13.08 629-6826203 swr uniforms E 101-45100-417 Uniform Rentals $13.08 629-6826203 pks unforms E 101-43100-417 Uniform Rentals $13.08 629-6826203 pw uniforms E 602-49400-417 Uniform Rentals $13.08 629-6826203 wtr uniforms E 101-41940-405 Repair/Maint - Buildings $85.01 629-6826204 mats, towles, etc. E 101-42000-405 Repair/Maint - Buildings $19.21 629-6826205 FD mats E 601-49450-417 Uniform Rentals $21.78 629-6831065 swr uniforms E 602-49400-417 Uniform Rentals $21.78 629-6831065 wtr uniforms E 101-43100-417 Uniform Rentals $21.78 629-6831065 pw uniforms E 101-45100-417 Uniform Rentals $2118 629-6831065 pks uniforms Total ARAMARK UNIFORM SERVICES $380.99 Paid Chk# 027527 10/5/2009 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $30.95 819004 coffee Total BERRY COFFEE COMPANY $30.95 Paid Chk# 027528 10/5/2009 BURGER KING G 101-22900 Rental Deposit Escrow $100.00 1009 park damage deposit Total BURGER KING $100.00 Paid Chk# 027529 10/5/2009 C & H SPORTS SURFACES, INC. E 101-45100-210 Operating Supplies (GENERAL) $550.00 003409 Total C & H SPORTS SURFACES, INC. $550.00 Paid Chk# 027530 10/5/2009 C.E. MURPHY REAL ESTATE INC R 602-00000-99999 UNALLOCATED UTILITY $38.93 10/09 Total C.E. MURPHY REAL ESTATE INC $38.93 Paid Chk# 027531 10/5/2009 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $144.28 0805024 Total CITY OF MONTICELLO $144.28 Paid Chk# 027532 10/5/2009 DAVIS, JEFF E 101-42000-200 Office Supplies (GENERAL) $96.00 0909 Total DAVIS, JEFF $96.00 crack repair of 2 tennis courts over pmt wtr refund animal control charges cleaning supplies FD M:\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 Finance Bills Posted Batch.doc Agenda Item No. XA. Meeting Date October 5, 2009 OF Mayor and Council Communication - July 29, 2009 Finance - Payment of Claims Page 2 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027533 10/5/2009 DJ'S TOTAL HOME CARE CENTER E 101-45100-404 Repair/Maint - Machinery/Equip $2.22 39380 nipple galv tee galv plug E 601-49450-210 Operating Supplies (GENERAL) $16.53 41644 batt, cleanr E 601-49450-210 Operating Supplies (GENERAL) $16.53 41644 batteries, cleaner E 601-49450-210 Operating Supplies (GENERAL) $30.62 41705 gloves E 101-45100-210 Operating Supplies (GENERAL) $42.71 41791 liner drumb E 101-43100-215 Shop Supplies $11.72 41795 couple galv steel hex bushing E 101-43100-215 Shop Supplies $3.74 41967 metric hex E 101-45100-210 Operating Supplies (GENERAL) $13.33 41984 gray spray paint E 601-49450-210 Operating Supplies (GENERAL) $17.84 41986 gloves Total DJ'S TOTAL HOME CARE CENTER $155.24 Paid Chk# 027534 10/5/2009 DJS TOTAL HOME CARE CNTR FIRE E 101-45100-210 Operating Supplies (GENERAL) $28.98 41320 supplies FD Total DJS TOTAL HOME CARE CNTR FIRE $28.98 Paid Chk# 027535 10/5/2009 EMBARQ - IL E 101-43100-321 Telephone $31.19 7634970261283 WWTF 497-0774 E 101-41940-321 Telephone $22.00 7634970261283 Idst E 101-41940-321 Telephone $31.19 7634970261283 497-3486 E 101-41940-321 Telephone $31.19 7634970261283 497-3704 E 101-41940-321 Telephone $31.19 7634970261283 CH 2 497-3695 E 101-42000-321 Telephone $31.19 7634970261283 FD 497-1888 E 101-45100-321 Telephone $16.11 7634970261283 PK497-2215 E 101-41940-321 Telephone $31.19 7634970261283 RB 497-0452 E 101-41940-321 Telephone $150.93 7634970261283 taxes and surcharge E 101-42000-321 Telephone $32.90 7634970261283 CH 1 497-0261 E 601-49450-321 Telephone $31.19 7634970261283 WWTF 497-0269 E 601-49450-321 Telephone $16.11 7634970261283 WWTF 497-1888 E 101-42000-321 Telephone $31.19 7634970261283 FD 497-7474 Total EMBARQ - IL $487.57 Paid Chk# 027536 10/5/2009 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - Machinery/Equip $563.79 091509 Total EMERGENCY APPARATUS MNTC $563.79 Paid Chk# 027537 10/5/2009 ESS BROTHERS & SONS, INC. E 601-49450-406 R/M - Collection System $589.95 MM4133 Total ESS BROTHERS & SONS, INC. $589.95 Paid Chk# 027538 10/5/2009 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $161.10 f32561 Total FEDERATED CO-OPS, INC. $161.10 Paid Chk# 027539 10/5/2009 FREMONT INDUSTRIES E 601-49450-217 Chemicals - Ferric Chloride $8,372.16 707299 Total FREMONT INDUSTRIES $8,372.16 Paid Chk# 027540 10/5/2009 GRAINGER E 601-49450-210 Operating Supplies (GENERAL) Total GRAINGER Paid Chk# 027541 10/5/2009 J. ZAC INC E 101-41000-300 Professional Srvs (GENERAL) Total J. ZAC INC Paid Chk# 027542 10/5/2009 JOYCE VALERIUS G 101-22900 Rental Deposit Escrow Total JOYCE VALERIUS valve repair 30935 X 3 1/2 Cl ADJ. ring, EBS super glue trimec 992 GAL ferric chloride solution $58.48 9075381542 fuse holder din rail mounted must order $58.48 $210.00 324 5649 kalland ave. board up $210.00 $100.00 92209 damage deposit $100.00 M;\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 Finance Bills Posted Batch.doc Agenda Item No. S.E.I . Meeting Date October 5, 2009 25 Mayor and Council Communication - July 29, 2009 Finance - Payment of Claims Page 3 of 5 10100 Premier Bank Paid Chk# 027543 10/5/2009 MENARDS - BUFFALO E 101-45100-210 Operating Supplies (GENERAL) Total MENARDS - BUFFALO Paid Chk# 027544 10/5/2009 MIDWEST LANDSCAPES E 101-45100-210 Operating Supplies (GENERAL) Total MIDWEST LANDSCAPES Paid Chk# 027545 10/5/2009 MINNESOTA PCA E 601-49450-433 Dues and Subscriptions Total MINNESOTA PCA Check Amt Invoice Comment $110.88 092109 concrete $110.88 $61.99 101586 PURCHASE red Mulch $61.99 $350.00 annual permit MPCA $350.00 Paid Chk# 027546 10/5/2009 MINNESOTA COPY SYSTEMS E 101-42000-404 Repair/Maint - Machinery/Equip $180.00 36166 Copier Maint. FD E 101-41400-413 Office Equipment Rental $101.39 36182 copier maint. E 101-41400-413 Office Equipment Rental $89.11 36183 copier maint. E 101-41400-413 Office Equipment Rental $24.41 36505 Copier Maint. PW Total MINNESOTA COPY SYSTEMS $394.91 Paid Chk# 027547 10/5/2009 NAPA AUTO PARTS E 601-49450-210 Operating Supplies (GENERAL) $24.77 E 101-45100-404 Repair/Maint -Mach inery/Eq uip $43.65 E 101-43100-404 Repair/Maint - Machinery/Equip $20.22 Total NAPA AUTO PARTS $88.64 Paid Chk# 027548 10/5/2009 NEXTEL COMMUNICATIONS E 101-42000-321 Telephone E 101-41300-321 Telephone E 101-41500-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 602-49400-323 Nextel Radio Units E 601-49450-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS Paid Chk# 027549 10/5/2009 OMANN BROTHERS E 101-43100-403 Repair/Maint - Catch Basins Total OMANN BROTHERS $87.53 $68.10 $58.99 $37.38 $37.38 $55.24 $60.16 $60.16 $55.24 $520.18 719540 1 OW30 719719 distributor cap 719719 solenoid 718183318-094 nextel phones FD 718183318-094 nextel phones 718183318-094 nextel phones 718183318-094 nextel phones 718183318-094 nextel phones 718183318-094 nextel phones 718183318-094 nextel phones 718183318-094 nextel phones 718183318-094 nextel phones $147.04 147.04 AC mix $147.04 Paid Chk# 027550 10/5/2009 PITNEY BOWES - MACHINE RENTAL E 602-49400-413 Office Equipment Rental $88.23 0787150-SP09 folder/stuffier E 601-49450-413 Office Equipment Rental $192.22 0787150-SP09 folder/stuffer E 604-49960-413 Office Equipment Rental $34.67 0787150-SP09 folder/stuffer Total PITNEY BOWES - MACHINE RENTAL $315.12 Paid Chk# 027551 10/5/2009 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $106.62 01 N06428 envelope, pen, label, paper Total S & T OFFICE PRODUCTS $106.62 Paid Chk# 027552 10/5/2009 SCHARBER & SONS E 101-45100-404 Repair/Maint - Machinery/Equip $25.44 01040558 chain Total SCHARBER & SONS $25.44 Paid Chk# 027553 10/5/2009 SENTRY SYSTEMS, INC. E 101-43100-405 Repair/Maint - Buildings $31.27 606291 commerical monitoring PW E 101-42000-405 Repair/Maint - Buildings $4.22 606291 daily test FD E 101-42000-405 Repair/Maint - Buildings $30.36 606291 commercial monitoring FD services Total SENTRY SYSTEMS, INC. $65.85 M:\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 Finance Bills Posted Batch.doc Agenda Item No. O.E.I.. Meeting Date October 5, 2009 26 Mayor and Council Communication - July 29, 2009 Finance - Payment of Claims Page 4 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027554 10/5/2009 SRF CONSULTING GROUP, INC E 468-49000-303 Engineering Fees $90,649.52 6796-4,6,7 i-94 westbound collector distributor Total SRF CONSULTING GROUP, INC $90,649.52 Paid Chk# 027555 10/5/2009 TRYCO LEASING INC E 101-42000-412 Building Rentals/Admin Fee $113.64 4498 Lease #20068 E 101-41400-413 Office Equipment Rental $692.05 4499 Lease #20068 Total TRYCO LEASING INC $805.69 Paid Chk# 027556 10/5/2009 USABLE LIFE E 101-42400-130 Employer Paid Ins (GENERAL) $69.48 10/09 Emp STDis ins E 602-49400-130 Employer Paid Ins (GENERAL) $34.25 10/09 Emp STDis ins E 101-41400-131 Employer Paid Health $22.81 10/09 Emp STDis ins E 101-41500-131 Employer Paid Health $35.53 10/09 Emp STDis ins E 101-41300-131 Employer Paid Health $54.29 10/09 Emp STDis ins E 101-45100-130 Employer Paid Ins (GENERAL) $19.55 10/09 Emp STDis ins E 601-49450-130 Employer Paid Ins (GENERAL) $34.27 10/09 Emp STDis ins E 101-43100-130 Employer Paid Ins (GENERAL) $49.19 10/09 Emp STDis ins E 602-49400-130 Employer Paid Ins (GENERAL) $9.00 1009 Rmp Life ins E 101-45100-130 Employer Paid Ins (GENERAL) $5.40 1009 Emp Life ins E 101-41400-131 Employer Paid Health $6.60 1009 Emp Life ins G 101-21710 Other Deducations $7.50 1009 Emp Life ins Emp port E 101-43100-130 Employer Paid Ins (GENERAL) $9.30 1009 Emp Life ins E 101-42400-130 Employer Paid Ins (GENERAL) $22.35 1009 Emp Life ins E 601-49450-130 Employer Paid Ins (GENERAL) $9.00 1009 Emp Life ins E 101-41300-131 Employer Paid Health $14.10 1009 Emp Life ins E 101-41500-131 Employer Paid Health $4.95 1009 Emp Life ins Total USABLE LIFE $407.57 Paid Chk# 027557 10/5/2009 VALERIUS, BILL E 101-42000-111 Other (Fire Admin) $466.58 1009 cameras for rescue 11 Total VALERIUS, BILL $466.58 Paid Chk# 027558 10/5/2009 VETSCH, TODD R 602-00000-99999 UNALLOCATED UTILITY $183.54 10/09 over pmt wtr refund Total VETSCH, TODD $183.54 Paid Chk# 027559 10/5/2009 WASTE MANAGEMENT E 101-45100-384 Refuse/Garbage Disposal $73.91 5164903-1593- garbage E 101-43100-384 Refuse/Garbage Disposal $56.42 5164903-1593- garbage E 601-49450-384 Refuse/Garbage Disposal $56.60 5164903-1593- garbage Total WASTE MANAGEMENT $186.93 Paid Chk# 027560 10/5/2009 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $1,026.00 1095 Testing Expense (CBOD-5) Total WATER LABORATORIES INC $1,026.00 Paid Chk# 027561 10/5/2009 WRIGHT CTY AUDITOR/TREASURER E 102-49440-511 Taxes on City Property $14,217.09 10/09 R101-135-001020 E 102-49440-511 Taxes on City Property $11,530.02 10/09 R101-135-003010 E 102-49440-511 Taxes on City Property $9,191.11 10/09 R101-135-004010 E 101-41800-511 Taxes on City Property $593.00 10/09 R101-500-36325 E 101-41800-511 Taxes on City Property $1,259.00 10/09 R101-500-011208 E 102-49440-511 Taxes on City Property $19,498.66 10109 R101-135-002010 E 101-41800-511 Taxes on City Property $928.70 10/09 R101-136-000020 E 101-41800-511 Taxes on City Property $4,312.00 10/09 R101-140-001010 Total WRIGHT CTY AUDITOR/TREASURER $61,529.58 M:\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 Finance Bills Posted Batch.doc Agenda Item No. a. E. I.. Meeting Date October 5, 2009 27 Mayor and Council Communication — July 29, 2009 Finance — Payment of Claims Page 5 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 027562 10/5/2009 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities $433.79 0909 street lights E 601-49450-381 Electric Utilities $118.68 0909 lift stations E 101-45100-381 Electric Utilities $244.53 0909 parks Total WRIGHT-HENNEPIN COOPERATIVE $797.00 Paid Chk# 027563 10/5/2009 XCEL ENERGY E 601-49450-381 Electric Utilities $94.15 5146897849809 lift station E 601-49450-381 Electric Utilities $345.50 5146897849809 sewer liift station E 601-49450-381 Electric Utilities $4,773.66 5146897849809 sewage plant E 101-43160-381 Electric Utilities $73.12 5146897849809 5050 labeaux light E 601-49450-381 Electric Utilities $42.03 5146897849809 4940 kaiser swr E 101-42000-381 Electric Utilities $404.44 5146897849809 11350 57th E 101-43100-381 Electric Utilities $396.16 5146897849805 11822 63rd PW E 101-41940-381 Electric Utilities $235.29 5146897849809 auto protective Igt E 101-45100-381 Electric Utilities $139.33 5146897849809 ballfield/rink E 101-43160-381 Electric Utilities $79.73 5146897849809 5300 labeaux light E 101-43160-381 Electric Utilities $44.79 5146897849809 5050 labeaux signal E 101-41940-381 Electric Utilities $40.11 5146897849809 6002 main ave E 101-43160-381 Electric Utilities $36.47 5146897849809 11060 61st st E 101-45100-381 Electric Utilities $11.41 5146897849809 park shelter E 101-45100-381 Electric Utilities $9.72 5146897849809 picnic shelter E 101-41940-381 Electric Utilities $118.48 5146897849809 5964 main Total XCEL ENERGY $6,844.39 10100 Premier Bank $177,853.05 Fund Summary 10100 Premier Bank 101 GENERAL FUND $15,845.54 102 CAPITAL OUTLAY RESERVE $54,436.88 468 CSAH 19 RAMPS/I 94 Project $90,649.52 601 SEWER FUND $16,324.39 602 WATER FUND $562.05 604 STORM WATER $34.67 $177,853.05 M:\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 Finance Bills Posted Batch.doc Agenda Item No. 8.E.1.. Meeting Date October 5, 2009 A\lb£rtvij]£ Mayor and Council Communication Sf.fm Ta Uvbw mY QW ► f- September 29, 2009 SUBJECT: FINANCE DEPARTMENT — MONTHLY UTILITY BILLING RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing staff to implement monthly utility billing effective January 1, 2010. BACKGROUND: In 2005, the City of Albertville switched from quarterly billing to every other month and monthly billing has been discussed for the past few years. The intention has been to move to monthly billing once radio read installation is near completion. The City of Albertville is at that point with approximately 316 meters left to install. The benefits for going to monthly billing are: 1. Increasing demand for monthly billing by residents to ease the personal budgeting process and create consistency knowing each month, in essence, a smaller bill is due. 2. Provide easier collection process and to catch foreclosures or bankruptcies before it is too late due to legal timing and minimize write offs 3. Provides consistent cash flow 4. Allows customers to see their usage and control it more closely. 5. Provide earlier detection of leaks or other water issues 6. Allows people to be more comfortable with Auto Pay (ACH) and e-billing KEY ISSUES: • Increasing demand/requests for monthly billing • Early Detection • No significant budget increases related to a monthly billing cycle PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve any changes in the utility billing cycle FINANCIAL CONSIDERATIONS: There are no significant budget increases related to a monthly billing cycle. LEGAL CONSIDERATIONS: none Respectfully submitted, LarryYinistrator se City Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Finance billing cycle change (RCA).doc Agenda Item No. 8.E.2. Meeting Date October 5, 2009 A,lb£rtAlle Mayor and Council Communication September 29, 2009 SUBJECT: FINANCE DEPARTMENT — UPGRADE RADIO READING EQUIPMENT AND SOFTWARE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing staff purchase/upgrade of the Neptune Reading Equipment and software for radio read in the amount of $10,500. BACKGROUND: The City of Albertville purchased a hand held receiver used for meter install and reading. The cost for the upgrade has been planned for and budgeted over several years with the knowledge that by 2010 we would have to purchase new equipment for reading the meters. Our current hand held will no longer be serviceable after 2010. The City of Albertville would keep the current hand held unit for installs until it fails (there is no trade in value for the old unit) while using the new unit for reading. The upgraded unit has a filter that only picks up the radio waves from the water meters, not unwanted radio waves, making the unit read faster. Also, it can run off the truck battery which solves the issue we have had with the hand held of battery replacement due to charging issues. KEY ISSUES: • Required upgrade by the end of 2010 • Old hand held is obsolete and will not have service options when it fails • Faster reading of the routes • Solves our battery issues PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve any purchases of new equipment or upgrades. FINANCIAL CONSIDERATIONS: There are no significant budget increases related to the purchase of the unit. The amount is in Capital Reserves in the Water/Sewer Funds planning for the future upgrade. LEGAL CONSIDERATIONS: none Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Finance new radio reader (RCA).doc Agenda Item No. U.E.J. Meeting Date October 5, 2009 Ax1bertVijle Mayor and Council Communication �.?� �. gft � Ur. September 29, 2009 SUBJECT: FINANCE DEPARTMENT — UPGRADE RADIO READING EQUIPMENT AND SOFTWARE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: approve Resolution No. 2009-034 entitled a Resolution Setting Water Utility Rates, increasing the rate for the water utility as follows effective January 1, 2010. Bi-Monthly Rates Monthly Rates 0-6,667 Gallons $6.67 0-3,333 Gallons $4.39 6,668-13,335 gal. $.71 per 1,000 over 6667 3,334-6,667 gal. $.71 per 1,000 over 3,333 13,336-23,335 gal. $.76 per 1,000 over 13,335 6,668-11,667 gal. $.76 per 1,000 over 6,667 Over 23,336 gal. $.81 per 1,000 over 23,335 Over 11,668 gal. $.81 per 1,000 over 11,668 Motion: approve Resolution No. 2009-035 entitled a Resolution Setting Sewer Utility Rates, increasing the rate for the sewer utility as follows effective January 1, 2010. Bi-Monthly Rates Monthly Rates 0-10,000 Gallons $33.64 0-5,000 Gallons $17.87 Over 10,000 gal. $.36 per 1,000 Over 5,000 gal. $.36 per 1,000 Motion: allow staff to implement cost savings reduction on utility bills for residents that opt to receive an e-bill (no paper bill) and/or sign up for (ACH) Auto Pay effective January 1, 2010. BACKGROUND: The City of Albertville has not raised water or sewer rates since 2006 and the intention was to raise rates between 2-3% annually. Since the rates have not been raised since 2006 it creates a larger increase needed today. To help residents with the increase staff recommends that for those who sign up for e-billing we share the cost savings with the resident by reducing their bill by $2.17. By using e-billing it saves the City of Albertville $2.17 per bill that is not mailed out. The cost savings come from not using postage, paper, envelopes, printing, and administration time. In addition, staff also recommends for those who sign up for Auto Pay (ACH) from checking or savings account we share the cost savings with the resident by reducing their bill by $2.03. By using (ACH) Auto Pay the City of Albertville saves $2.03 per payment. The cost savings come from the administrative costs of processing the payment. Therefore, if a resident signs up for e-billing and (ACH) Auto Pay via checking or savings account they could save $4.20 per bill. The discount for Auto Pay (ACH) only is when the City requests the money from their bank electronically. M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Finance utility rates (RCA).doc Agenda Item No. 8. E.4. a. b. c. Meeting Date October 5, 2009 Mayor and Council Communication — September 29, 2009 Finance — Upgrade Radio Read Equipment and Software Page 2 of 2 KEY ISSUES: • Have not raised rates since 2006 • Share cost savings by passing the savings on to the residents who sign up for e-bill and/or Auto Pay (ACH). PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve any rate changes for utilities. FINANCIAL CONSIDERATIONS: Since the City of Albertville has not maintained the long range plan of small water/sewer increases each year of 2-3%, especially having no increases since 2006 creates a larger increase to catch back up to the plan. The water/sewer rates cover not only operating expenses annually, but capital improvement for the future and maintenance. To help offset the increases needed, staff recommends passing on the cost savings to the residents if they sign up for e-billing and auto pay (ACH). LEGAL CONSIDERATIONS: none Respectfully submitted, d. Larry se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director M:\PublicData\Requests for Council Actions (RCA)\2009\10 05 2009 Finance utility rates (RCA).doc Agenda Item No. 8.E.4.a.b.c. Meeting Date October 5, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-034 RESOLUTION SETTING WATER UTILITY RATES WHEREAS, the Albertville City Council sets the Water Utility rates by resolution; and NOW, THEREFORE, the City Council hereby sets the Water Utility Rates effective for bills sent in January 2010 as follows: Bi-Monthly Rates 0-6,667 Gallons $6.67 6,668-13,335 gal. $.71 per 1,000 over 6667 13,336-23,335 gal. $.76 per 1,000 over 13,335 Over 23,336 gal. $.81 per 1,000 over 23,335 Monthly Rates 0-3,333 Gallons $4.39 3,334-6,667 gal. $.71 per 1,000 over 3,333 6,668-11,667 gal. $.76 per 1,000 over 6,667 Over 11,668 gal. $.81 per 1,000 over 11,668 Adopted by the City Council of the City of Albertville this 5th day of October 2009. Ron Klecker, Mayor Bridget Miller, City Clerk 35 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2009-035 RESOLUTION SETTING SEWER UTILITY RATES WHEREAS, the Albertville City Council sets the Water Utility rates by resolution; and NOW, THEREFORE, the City Council hereby sets the Water Utility Rates effective for bills sent in January 2010 as follows: Bi-Monthly Rates 0-10,000 Gallons $33.64 Over 10,000 gal. $.36 per 1,000 Monthly Rates 0-5,000 Gallons $17.87 Over 5,000 gal. $.36 per 1,000 Adopted by the City Council of the City of Albertville this 5th day of October 2009. Ron Klecker, Mayor Bridget Miller, City Clerk 36 Nbertville !md Town Wino�iG �d ili.. • Mayor and Council Communication September 28, 2009 SUBJECT: FINANCE DEPARTMENT REPORT RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. 3RD QUARTER BUDGET TO ACTUAL Third (3rd) Quarter 2009 un-audited General Fund Summary of Revenues and Expenditures. Both Revenues and expenditures should be at 75%. Revenues are at 46.2% and Expenses are at 53.8%. 2009 Council Update GENERALFUND. 31010 32100 32110 132120 32150 32210 32240 33401 33405 33406 33422 33620 34000 34101 34001 34050 34103 34106 34107 34302 34950 35000 36210 p �++ Agenda'ItemNo. D.L.5. Meeting Date October 5, 2009 3� General Fund Revenue: 2009 2009 Actual % of Budget 9/22/2009 Budget Current Ad Valorem Taxes 2,208,496 1,044,082 47.3% Business Licenses &Permits 59,500 69,894 117.5% Liquor Licenses 28,500 33,325 116.9% 3.2 Liquor Licenses 150 170 113.3% Sign Permits 2,500 2,600 104.0% Building Permits 177,321 57,757 32.6% Animal Licenses 700 25 3.6% Local Government Aid - - 0.0% Police Aid 25,500 - 0.0% Fire Aid 55,000 - 0.0% Other State Aid Grants 9,000 - 0.0% Count Grants &Aids 10,000 4,684 46.8% Charges for Services 13,000 8,976 69.0% Lease Payments - City Property 43,200 27,073 62.7°10 Administration Fees 151,010 75,505 50.0% Developer Fees 35,000 1,505 4.3% Zonin &Subdivision 7,000 900 12,9% Plan Check fee 42,412 13,359 31.5% Mayor and Council Communication - September 28, 2009 Finance Director - Monthly Report Page 2 of 3 General Fund Expenditures 2009 2009 Actual % of Budget 9/22/2009 Budget 41100 Council 46,645 18,639 40.0% 41300 Administrator 137,070 74,629 54.4% 41400 City Clerk 132,382 71,216 53.8% 41410 Elections 300 - 0.0% 41500 Financial Administration 131,342 69,352 52.8% 41550 City Assessor 33,000 28,922 87.6% 41600 City Attorney 31,450 8,869 28.2% 41700 City Engineer 57,000 38,864 68.2% 41800 Economic Development 10,000 9,060 90.6% 41910 Planning & Zoning 30,334 24,720 81.5% 41940 City Hall 139,800 46,375 33.2% 42000 Fire Department 275,662 104,323 37.8% 42110 Police 489,250 367,920 75.2% 42400 Building Inspection 287,835 150,452 52.3% 42700 Animal Control 3,200 3,011 94.1 % 43100 Public Works - Streets 467,483 262,123 56.1 % 43160 Street Lighting 80,000 45,139 56.4% 43200 Recycling 48,000 36,000 75.0% 45000 Culture & Recreation 45,377 41,815 92.2% 45100 Parks & Recreation 165,882 101,442 61.2% Ca ital Reserves/1-94 493,884 166,725 33.8% Total Expenditures $ 3,105,896 $ 1,669,596 53.8% VARIANCES Revenue: o Second Half taxes are not received until December o Business licenses franchise fee from Charter o Building Permit revenue is down due to types of permits applied for such as decks, finish basements instead of new building o Grants - county recycling monies for 3rd quarter not received until October o Administration fee -journal entry in December o Fire Protection - 3rd quarter payment due in October o Other Revenues includes $7,245.89 from insurance due to the 2008 hail and wind storm o Interest is not allocated until year end. Expenses: o Property Assessment is complete for the year, therefore contract is paid in full M:\Public Data\City Council\Council Packet infonnation\2009\10-05-09\10 05 2009 Finance Report.doc Agenda Item No. 8. E.5. Meeting Date October 5, 2009 Mayor and Council Communication — September 28, 2009 Finance Director — Monthly Report Page 3 of 3 o Economic Development is taxes on property, we will be over due to classification change to some parcels that the City of Albertville owns that are not tax exempt o City Hall insurance payment due to league until November o Fire Department 3rd quarter payroll is in October o Culture and Recreation — Royalty Scholarships paid in full KEY ISSUES: n/a POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, &Ov-b Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2009\1 0-05-09\1 0 05 2009 Finance Report.doc Agenda Item No. O.E.S. Meeting Date October 5, 2009 A1berNme Mayor and Council Communication T� uw,.g.Aft'alvur.. October 1, 2009 SUBJECT: CITY COUNCIL - LEAGUE OF MINNESOTA CITIES INSURANCE POLICY RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and City Council adopt the following: Motion approve the 2009-2010 Insurance Proposal from the League of Minnesota Cities Insurance Trust (LMCIT) as presented by Middleton & Associates, Inc. and on file in the office of the City Clerk with a $1,000 deductible. BACKGROUND: Annually, the City reviews and renews insurance coverage for property, inland marine, comprehensive general liability and public official's liability. The League of Minnesota Cities Insurance Trust was formed to provide insurance for cities across Minnesota. In the past, private insurance companies either pulled out of the municipal market or raised premiums so high; cities had to seek an alternative source of insuring themselves. According to Arlan Middleton, there are very few if any insurance companies that are competitive or even writing policies for municipal government. When they do, they do not cover public official's liability, no fault sewer backup; open meeting law or Land Use Regulation claims including legal costs. Under the program cities develop a loss rating and are paid a dividend when they have good experience and if they have significant losses their rating increases. The City has in recent years waived our monetary limits on tort liability and purchases additional coverage up to the $1,000,000 per occurrence and in aggregate. The 2009-10 policy again reflects waiving the tort limit. • The total insurance premium is going down from $105,399 to $92,622 and decrease of 12.13% in premium. The majority of this decrease is due to the liability with the lawsuits coming to a close. POLICY CONSIDERATIONS: The City does not have a policy on insurance and these issues are handled on a case by case basis. FINANCIAL CONSIDERATIONS: The 2008-09 premiums were $105,399 and the proposed premium for 2009-10 is $92,622 or a 12.13% decrease. The City has budgeted $112,000 in our 2010 budget. M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 City Council Insurance Premiums City. doe Agenda Item No. 8.G.I . Meeting Date October 5, 2009 Mayor and Council Communication — October 1, 2009 City Council — L.M.C.I.T. Insurance Policy Renewal Page 2 of 2 LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract for insurance coverage including waiving the statutory tort liability limit. Respectfully submitted, cam. Larry se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: League of Minnesota Cities Insurance Trust Insurance Quotation M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 City Council Insurance Premiums City.doc Agenda Item No. & G . t . Meeting Date October 5, 2009 INSURANCE QUOTATION FOR CITY OF ALBERTVILLE :emu League of Minnesota Cities Insurance Trust Berkley Risk Services, Incorporated 920 Second Avenue South Minneapolis, Minnesota 55402 Policy Dates 10/01/2009-10/01/2010 43 SECTION #1 — PROPERTY $ 175,491. One story approved roof, frame metal Building occupied as Rental Buildings (Music Studio) $ 6,269,920. Waste Water Treatment Facility Sewer Treatment Plants Clarifiers Generator Building Lift Stations on Site UV Disinfections Building Reed Beds Contents $ 108,934. Property in Open $ 582,159. One-story non-combustible building occupied as Rental Building including contents (Fitness Center) Main City Park (Central Park) $ 235,396. Picnic Shelter & Warming House including contents $ 83,188. Picnic Shelter $ 10,323. Gazebo $ 10,881. Baseball/Softball Dugouts $ 163,401. Property in Open Four Seasons Park $ 31,339. Picnic Shelter and Contents $ 114,381. Property in Open $ 12,000. Gazebo SECTION #1 - PROPERTY (CONT'D) Lions Park $ 58,543. Park Shelter and Contents $ 10,893. Property in Open Westwind Park $ 41,400. Property in the Open. Oakside Park $ 87,147. Property in the Open. City Park 6470 Laketown View $ 83,616. Picnic Shelter $ 27,234. Property in Open Linwood Park $ 18,581. Gazebo $ 62,100, Property in the Open. Villas Park $ 15,485. Picnic Gazebo $ 62,100. Property in the Open $ 1,471,691. Fire Hall Building Including Contents $ 16,341. Property in the Open 45 $ 544,669. Water Hydrants — City Wide $ 10,893. Street Signs — City Wide $ 35,949. Welcome To Albertville Marquee Signs $ 1,958,646. City Maintenance Facility including Contents $ 21,787. Property in the Open $ 97,933. Lift Station — Sunrise Commercial Park $ 87,052. Lift Station — Barthel Industrial Park $ 91,404. Lift Station — Jason Ave. & City #18 $ 82,700. Lift Station — Hunters Pass 70`h St. NE $ 65,360. Stationary Generator 11092 61S` st Sunrise Commercial Development $ 2,844,417 $ 533,784 New City Hall Contents $ 97,933. Lift Station - West Lake Town Drive $ 91,404. Lift Station — Kaiser Ave $ 82,700. Lift Station — Prairie Run. $ 32,680. Property in Open — Winter Park $ 154,845. Albertville Maintenance Bldg $ 20,700. Contents $ 10,323 Hunters Pass Park — Gazebo $ 41,400 Property in Open $ 91,000 Lift Station - Phill Morris $ 105,500 Lift Station - Neimeyer $16,805,623 Comprehensive Perils including Theft & Replacement Cost - $1,000 Ded. SECTION # II --- INLAND MARINE A.) Mobile Equipment: 1) 2008 Bobcat Front-end Loader Model 220 $ 42,601. 2) 2000 Case Wheel Loader, M# 621 $ 153,895. 3) 2006 Toro Mower $ 47,394. 4) 2002 Portable Generator $ 63,901. 5) 2006 Portable Generator $ 74,551. B.) Inland Marine Coverage: Automatically includes coverage for miscellaneous owned property up to $25,000 per item or piece equipment. $152,174 Total Limit Comprehensive Perils —Including Theft; $1000 deductible SECTION # III --- COMPREHENSIVE GENERAL LIABILITY & PUBLIC OFFICIALS LIAE Limits -- Per Person Limit / Per Occurrence $ 1,500,000. Products/Completed Operations Annual Aggregate Limit $ 2,000,000. Failure to Supply Annual Aggregate Limit $ 2,000,000. Fire Damage Limit $ 50,000. Land Use Regulation Annual Aggregate $ 1,000,000. Medical Expense Limit $ 1,000. Medical Expense Aggregate $ 10,000. Limited Pollution Liability Annual Aggregate $ 1,500,000. EMF $ 2,000,000. Mold $ 2,000,000. Outside Organization Claim Limit $ 100,000. Claims Made Forms: (prior Acts Coverage -Public Officials 12/l/85) $1000 deductible -All Claims Land Use Regulation Claims including Legal Costs & Loss Adjustment Costs 100% of the first 25,000 85% of the next 225,000 60% of the amount on excess up to 1,000,000 47 SECTION # IV --- COMPREHENSIVE AUTOMOBILE COVERAGE Limits: $1,500,000. $1,500,000. $ 200,000. $ 200,000. $ Basic $ 1000. $ 1000. Vehicle Schedule: Per Claimant Per Occurrence Per Claimant Per Occurrence (BI -PD) (UM & UIM) Personal Injury Protection Comprehensive Collision 1) 1985 Chevy Fire Truck 2) 1989 Chevy PU - Fleet side 3) 1995 Int'l Fire Truck -Tanker 4) 1998 Chevy 1 Ton Dump 5) 1999 IHC Fire Truck 6) 2000 GMC Sierra * 7) 2001 Felling Trailer 8) 2001 Chev '/2 Ton P/U 9) 2002 Sterling Snow Plowing Truck 10) 2002 Spartan Ladder Fire * 11) 2003 Chev 1 ton utility truck 2wd 12) 1975 Int'1 Jet Truck 13) 1987 Ford Bucket Truck 1 ton 14) 2005 Sterling L7500 Dump Truck* 15) 2006 Chevy I/2 Ton Pickup* 16) 2006 Spartan — Midship Pumper 17) 2008 Chevy Silverado PU K-2500* 18) 1979 Ford L8000 Dump * Replacement Cost applies to Units #,4,5,6,8,9,10,11,14,15,16,17 SECTION #V --- COMMERCIAL MUNICIPAL EXCESS LIABILITY Limit: $ 1,000,000. Occurrence/Aggregate Retained Limit: $ 10,000. Coverage to follow, includes Public Officials liability -City "does waive" the monetary limits on tort liability established by Minnesota Statues 466.04, up to the Limits written by the policy. k • J SECTION # VI --- OPEN MEETING LAW DEFENSE COVERAGE Limit: $ 20,000. Defense Costs Per Lawsuit / Per Official $ 20,000. Agreement Term Aggregate -Per Official SECTION # VII --- BOILER & MACHINERY Limit: $16,805,623. Limit per any "One Accident". Combined Property Damage & Business Interruption and Extra Expense $ 500. Deductible. SECTION # VIII --- BONDS Blanket Public Employee Faithful Performance & Employee Dishonesty Coverage Limit: $ 500,000. / $1000 deductible. The proceeding has been a coverage overview; all parts are subject to policy conditions and terms. M RECAP OF PREMIUMS 2005-2006 2006-2007 2007-2008 2008-2009 SECTION # I ----Property $25,187.00 $29,802.00 $31,557,00 $32,539.00 SECTION # II ----Inland Marine -$ 2,168.00 $ 2,871.00 $ 2,966.00 $ 3,063.00 SECTION # III ---General Liability $18,762.00 $20,711.00 $ 23,996.00 $34,734.00 SECTION #IV ---Comprehensive Auto $15,367.00 $17,901.00 $ 16,881.00 $16,219.00 SECTION # V ---Excess Liability $ 6,748.00 $ 7,576.00 $ 9,568.00 $11,868.00 SECTION#VI --- Open Meeting Law Defense $ 383.00 $ 345.00 $ 345.00 $ 311.00 SECTION#VII --- Boiler & Machinery $ 1,973.00 $ 2,573.00 $ 2,961.00 $ 3,117.00 SECTION# VIII ---Bonds $ 503.00 $ 458.00 $ 596.00 $ 596.00 SECTION# IX --- No Fault Sewer $ 1,722.00 $ 1760.00 $1,964.00 $ 2,952.00 TOTAL $72,813.00 $ 83,977.00 $90,834.00 $105,399.00 2009-2010 SECTION # I ----Property $ 34,957.00 SECTION # II ----Inland Marine 3,112.00 SECTION # III ---General Liability 25,077.00 SECTION #IV ---Comprehensive Auto 14,409.00 SECTION # V ---Excess Liability 9,287.00 SECTION#VI --- Open Meeting Law Defense 280.00 SECTION#VII---Boiler & Machinery 2,773.00 SECTION# VIII ---Bonds 596.00 SECTION# IX --- No Fault Sewer 2,131.00 TOTAL $92,622.00 A. 1bertvme Mayor and Council Communication S.-M Tawas U.MW B% CBty up - September 22, 2009 SUBJECT: PLANNING -APPLICATION FOR PLANNING AND ZONING COMMISSION VACANCY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion accept the Planning and Zoning Recommendation to Appoint Natalya Lindberg to fill the vacancy on the Planning and Zoning Commission effective immediately, which will finish out 2009 and run for a three-year term that will expire December 31, 2012. BACKGROUND: Scott Dorenbush resigned from the Planning and Zoning Commission at the July 2009 regular Planning and Zoning Commission meeting. Staff advertised to fill the vacancy, in which the City received one (1) application from Natalya Lindberg. Ms. Lindberg was present at the September Planning and Zoning Commission meeting to answer any questions. No additional questions or comments were asked of the applicant because she attended the July 2009 meeting when the 54tb Street NE redevelopment was discussed; therefore, a recommendation was made by the Planning and Zoning Commission to appoint Ms. Lindberg to fill the vacancy on the P&Z Commission effective immediately. POLICY CONSIDERATIONS: The Planning and Zoning Commission recommended appointing Natalya Lindberg to fill the vacancy on the Planning and Zoning Commission upon City Council approval at the October 5, 2009 regular City Council meeting or a meeting soon thereafter, at which time the member will be added to the Planning and Zoning Commission roster, and Planning and Zoning Commission packets will be sent via the US Postal Service. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this recommendation. LEGAL CONSIDERATIONS: There are no legal issues related to this recommendation. Respectfully submitted, Larry I . use City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Planning and Zoning Commission Application M:\PublieData\Requests for Council Actions (RCA)\2009\10 05 2009 Planning RCA Appointing Natalya Lindberg CC Mtg.doc Agenda Item No. 8. H. I . Meeting Date October 5, 2009 b£rt�vljl �I£ Mayor and Council Communication September 22, 2009 SUBJECT: PLANNING - PROHIBITED LANDSCAPE SPECIES — ORDINANCE AMENDMENT (SECTION 1000.7) RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance Number 2009-016, entitled an Ordinance amending Section 1000.7 (Required Fencing, Screening, and Landscaping) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to prohibited trees within the City. BACKGROUND: The Planning and Zoning Commission met and held a public hearing on Wednesday, September 9, 2009, to consider an ordinance amendment to Section 1000.7 of the City Code to make the following revisions: 1) Amend the list of landscaping species suitable for planting within the City; 2) Establish a list of trees that would be prohibited from being planted within the public rights - of -way in the City of Albertville; and 3) Establish a list of trees that would be prohibited from being planted anywhere within the City of Albertville. KEY ISSUES: This issue was raised because of the concern surrounding the spread of Emerald Ash Borers. Staff conducted research on other municipalities' Landscaping Ordinances and found that some communities have outright banned the planting of certain tree species, while others have banned the planting of certain tree species just within the public rights -of -way. Based on other community prohibited tree lists and recommendations from NAC's staff Landscape Architecture, staff recommends the following changes to the Ordinance: 1) Removal of the following species from the "suitable planting list" in the Ordinance (Section 1000.7.17): • Amur maple/ Acer ginnala Norway maple/ Acer platanoides (and varieties) White ash/ Fraxinus Americana • Green ash/ Fraxinus pennsylvanica, lanceolate (and varieties) 2) Adding the following list of trees to be prohibited within the public rights -of -way in the city, along with the reason for their prohibition in parenthesis (Section 1000.7.F2): • Amur maple (invasive species per MnDNR) • Norway maple (invasive species per MnDNR) • Silver maple (messy and storm prone) • Box elder (messy and storm prone) M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Planning RCA Prohibited Trees (O 2009-016) CC Mtg.doc Agenda Item No. 8.H.2. Meeting Date October 5, 2009 Mayor and Council Communication — September 22, 2009 Planning - Prohibited Tree Species Ordinance Amendment Page 2 of 2 • Russian olive (invasive species per MnDNR) • Ash (emerald ash bore) • Ginkgo — female only (fruit has an odor) • Mulberry (messy fruit) • Cottonwood (messy) • Lombardy poplar (columnar in shape, short life, does not offer much shade) • Buckthorn (invasive species per MnDNR) • Black locust (invasive species per MnDNR) • Willow (messy and oversized) • Siberian elm (invasive species per MnDNR) • Elm — except for disease -resistant varieties (Dutch Elm Disease) * Please note that this list has been reviewed and approved by the Public Works Director. 3) Adding the following list of trees to be prohibited within the entire City, along with the reason for their prohibition in parenthesis (Section 1000.7.F3): • Amur maple (invasive species per MnDNR) • Norway maple (invasive species per MnDNR) • Russian olive (invasive species per MnDNR) • Ash (emerald ash bore) • Buckthorn (invasive species per MnDNR) • Black locust (invasive species per MnDNR) • Siberian elm (invasive species per MnDNR) • Elm — except for disease -resistant varieties (Dutch Elm Disease) POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council amend the Ordinance with the attached amendments. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this amendment. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, Larry, R. mouse City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-016 and Planning Report dated September 2, 2009 M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Planning RCA Prohibited Trees (O 2009-016) CC Mtg.doc Agenda Item No. 8.H.2. Meeting Date October 5, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009 - 016 AN ORDINANCE AMENDING SECTION 1000.7 (REQUIRED FENCING, SCREENING, AND LANDSCAPING) OF THE ALBERTVILLEZONING ORDINANCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO PROHIBITED TREES WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1000.7.F. (Types of Plantings) is hereby amended with the following: 1000.7: REQUIRED FENCING, SCREENING, AND LANDSCAPING: F. Types of Plantings: 1. The following species are suitable for screening and landscaping purposes: Common Name Ground covers Ground juniper Periwinkle, myrtle Shrubs Dwarf -winged euonymus Winged euonymus Privet Mock orange Sumac Common lilac Japanese yew Arborvitae Shade trees Amitff maple Nor -way maple Red maple Sugar maple River birch Hackberry Scientific Name Juniperus spp. Vinca minor Euonymus alatus compactus Euonymus alatus Ligustrum spp. Philadelphus spp. Rhus spp. Syringa vulgaris Taxus cuspidate Thuja spp. Aeer- ginnala Aeer- „l +aneides (an varieties) Acer rubrum Acer saccharum Betula nigra Celtis occidentalis 55 City of Albertville County of Wright Ordinance No 2009- 016 (Prohibited Tree List) Page 2 of 3 Ginkgo tree Honey locust Kentucky coffee tree Crabapple Oak Mountain ash American linden Little leaf linden Coniferous trees Black Hills spruce Colorado blue and green spruce Austrian pine White pine Fir Raxinus peansyl Laneeolata (and varieties) Gingko biloba (male only) Gleditsia triacanthos Gymnocladus dioicus Malus spp. Quercus spp. Sorbus spp. Tilia Americana Tilia cordata (and varieties) Picea glaca densata Picea pungens Pinus nigra Pinus strobosa Abies spp. 2. The following species are prohibited for screening and landscaping_ purposes within public rights -of -way: Common Name Scientific Name Amur maple Acer ginnala Norway maple Acer platanoides Silver maple Acer saccharinum Box elder Acer negundo Russian olive Elaea ng us angustifolia Ash Fraxinus spp. Ginkgo Ginkgo biloba (female only) Mulberry Morus spp. Cottonwood Populus deltoides Lombardy poplar Populus nigra italica Buckthorn Rhamnus cathartica Black locust Robinia pseudoacacia Willow Salix spp. Siberian elm Ulmuspumila Elm Ulmus spp.(except for disease -resistant varieties) 3. The following species are prohibited for screening and landscaping purposes throughout the entire City of Albertville: Common Name Scientific Name 56 City of Albertville County of Wright Ordinance No 2009- 016 (Prohibited Tree List) Page 3 of 3 Amur maple Norway maple Russian olive Ash Buckthorn Black locust Siberian elm Elm Acer ginnala Acer platanoides Elaeagnus angustifolia Fraxinus spp. Rhamnus cathartica Robinia pseudoacacia Ulmus pumila Ulmus spp_(except for disease -resistant varieties) THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of September 2009. Ron Klecker, Mayor Bridget Miller, City Clerk 57 -\lbcrtvi11C Mayor and Council Communication September 22, 2009 SUBJECT: PLANNING - PERMIT REQUIREMENTS FOR A LAND FILL OR LAND EXCAVATION/GRADING PERMIT — ORDINANCE AMENDMENT (SECTIONS 1800.1 & 1900.1) RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance Number 2009-020, entitled an Ordinance amending Section 1800.1 (Land Filling Operations) and Section 1900.1 (Land Excavation/Grading), relating to the stipulations requiring a Land Fill or Excavation Permit within the City. BACKGROUND: The Planning and Zoning Commission met and held a public hearing on Wednesday, September 9, 2009, to consider an ordinance amendment to Sections 1800.1 and 1900.1 of the City Code to make the following revisions: Add language to Chapters 1800 and 1900, outlining additional requirements in which a Land Fill or Land Excavation/Grading Permit by the City would be required. The amendment stipulates that any deposit of fill or land extraction/grading in the following manner would require a permit by the City (Land Fill Permit or Land Excavation/Grading Permit): • Within a drainage or utility easement. • Within a natural drainage way. • Within ten (10) feet of a property line. • In excess of twenty (20) cubic yards. KEY ISSUES: • In 2006, the language governing Land Filling and Excavation/Grading Permits stipulated that a permit was needed if the filling or excavating was in the amount of 50 cubic yards or more. • In April of 2006, staff presented the Planning Commission with language (Option A) that would also require a Land Filling or Excavation/Grading Permit if the filling or grading was being conducted in a drainage or utility easement. • The Planning Commission revised the drafted amendment and recommended language (Option B) to include stricter regulations in the need for a Land Filling or Excavation/Grading Permit: any deposit of fill or land extraction/grading in any of the following manners would require a permit: • Within a drainage or utility easement. • Within a natural drainage way. • Within ten feet of a property line. • In excess of 20 cubic yards. M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Planning RCA Land Fill & Grading Permit (O 2009-018) CCMtg.doc Agenda Item No. 8.H.3. Meeting Date October 5, 2009 Mayor and Council Communication — September 22, 2009 Planning - Land Fill & Excavation/Grading Permits —Ord Amend Page 2 of 2 • The City Council adopted the stricter requirements (Option B); however, Option A was erroneously signed and codified at that time (Ordinance 2006-05). • This mistake was recently discovered and must be brought back before the Planning Commission and City Council for approval. POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council amend the Ordinance with the attached Ordinance 2009-018. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this amendment. LEGAL CONSIDERATIONS: The City Attorney was consulted regarding this issue. He determined that because the minutes from the March 6, 2006 City Council meeting do not clearly discern the adopted ordinance, this amendment needed to come back before the Planning Commission and City Council for full adoption and publication. In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-01.8 and Planning Report dated September 2, 2009 M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Planning RCA Land Fill & Grading Permit (O 2009-018) CCMtg.doc Agenda Item No. 8.H.3. Meeting Date October 5, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009 - 020 AN ORDINANCE AMENDING SECTION 1800.1 (LAND FILLING OEPRATIONS) AND SECTION 1900.1 (LAND EXCAVATION/GRADING), RELATING TO THE STIPULATIONS REQUIRING A LAND FILL/ EXCAVATION PERMIT WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1800.1 (PERMIT REQUIRED) is hereby amended to read as follows: 1800.1: PERMIT REQUIRED: Any person who proposes to add land fill in fifty (50) eubie yafds to any pr-epefty within the eity limits the following manner shall apply to the city for land fill permit-.: A. Any deposit of fill within a drainage or utility easement. B. Any deposit of fill within a natural drainage way. C. Any deposit of fill within ten (10) feet of a property line. ine. D. Adding land fill in excess of twenty (20) cubic yards. SECTION 2. Section 1900.1 (PERMIT REQUIRED) is hereby amended to read as follows: 1900.1 PERMIT REQUIRED: The extraction of sand, gravel, black dirt or other natural material from the land or the grading of land by a per -son in the amou fifty) eubie yards more shall be termed "land excavation/grading." AU said act performed in the following manner and shall require a permit...: A. Removing sand, gravel, black dirt, or other natural materials, or aradiniz land within a drainage or utility easement. B. Removing sand, gravel, black dirt or other natural materials or grading �within a natural drainage way. C. Removing sand, gravel, black dirt, or other natural materials or grading land within ten 10) feet of a property line. D. Removing sand, gravel, black dirt or other natural materials or grading land in excess of twenty (20) cubic THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. 61 City of Albertville County of Wright Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations) Page 2 of 2 Approved by the Albertville City Council this day of September 2009. Ron Klecker, Mayor Bridget Miller, City Clerk 62 • Ea� �T�� - NV ! F= N K r Consulting Engineers & Surveyors it 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: September 28, 2009 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Albertville Engineer Subject: Project Status Update The following is a brief project status update as of September 27, 2009: 1 r--4 C. 1. Kalland Avenue NE Sidewalk Staff is working to complete a plan and to amend the contract with Contractor. The amended contract will require the additional work be performed at a reduced price. Over the next two weeks, staff will be working to finalize all construction scheduling and to coordinate the work with the residents. It is planned to have all work completed by October 19tb 2., Niemeyer Trailer Sales The Developer and Contractor are working to properly address some erosion control items recently cited by the MPCA in an inspection letter. Paving of the street is scheduled for the week of the 27th. Per the Developer, the timing of the trailer sales building is not known at this time. 3. CSAH 37 (West) Utility Extension — Niemeyer Development The water and sewer extensions and plumbing of the lift station are complete. Wright - Hennepin Electric is scheduled to install the electrical service to the site the first week of October. Unless otherwise required by the Niemeyer site, installation of the lift station control panel and pumps will be completed, along with the concrete pad and driveway, in the spring. 4. CSAH 19 Project (57t" Street to Albertville Southerly Limits) Staff will be reviewing the final invoice from the County, to ensure all costs are split per the cost sharing agreement. 5. I-94 Westbound Collector Distributor Road The 95% Final Design plan set has been submitted to all agencies for review. The design team is working to coordinate required utility relocations and acquire the necessary wetland permits. All design related items are scheduled to be completed in December. Staff has set a tentative bid letting date of March I", which will be used to plan and coordinate the other project related tasks. Major project components continually being worked include right-of- way acquisition and funding options. An appraisal of the needed right-of-way for ponding is underway. Once the appraisal is completed, staff will seek Council authorization to send an offer letter. Staff is also seeking funding participation from the County and is working to M:\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 Engineering Project Status September 27, 2009.doc Agenda Item No. 8.1.1. Meeting Date October 5, 2009 63 • Albertville Project Status Update } 9/27/09 Page 2 of 2 address several questions of the County Board related to project scope and funding contributors. Staff will ultimately be developing project timelines and funding options for Council consideration. 6. Hunters Pass Staff continues to work to complete all remaining punchlist items and has engaged a contractor to complete some storm sewer related items the week of October 5th 7. Shoppes at Towne Lakes Second Staff is working with the property owner to address general site maintenance, including mowing and removal of silt fence and debris. 8. Towne Lakes 6th Addition Staff is working with the Owner (M&I) and their representative to amend the development contract and complete the trunk watermain in 2009. M&I has been informed that the amendment is contingent upon the trail easement needed on Outlot B of the 6th Addition. Staff is working to complete the construction documents for the trunk watermain improvements and, at the request of M&I, will be soliciting quotes to complete the work this fall. 9. Pavement Management Plan Staff is working to rank and prioritize roadway maintenance and repairs, and ultimately develop and 5 year comprehensive street maintenance plan. A plan will ultimately be presented to Council for review and consideration. 10. Albert Villas 6th Addition — 2009 Improvements The Contractor has completed all concrete repairs and staff is working to close out the proj ect. 11. Winter Park Improvements The Contractor has completed all punchlist items and staff will be working to close out the project. 12. Karston Cove 3`d Addition The Developer has completed several key punchlist items, including the final paving of the driveways. Overall, all items related to 64th Street and the portion of the development on the north side of 64th are complete. The City 13. Albert and Emma's Convenient Store Construction of the convenient store is well underway. Sewer and water services, as well as, the fuel storage tanks have been installed and foundation work has begun. Wall construction is scheduled for the week of the 27t1i with construction of the parking lot scheduled to follow immediately. I will be at your October 5th City Council meeting to discuss any questions concerning these and/or other projects taking place in town. M:\Public Data\City Council\Council Packet information\2009\10-05-09\10 05 2009 Engineering Project Status September 27, 2009.doc Agenda Item No. 0.1..1.. Meeting Date October 5, 2009 W .,,"�., �bertville Mayor and Council Communication October 1, 2009 SUBJECT: NIEMEYER TRAILER SALES - LETTER OF CREDIT REDUCTION NO.2 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval of the following motion: Motion to reduce Letter of Credit No. 805 held as security for the Niemeyer Trailer Sales development to no less than $9,990, conditioned on all outstanding balances owed to the City being paid in full. BACKGROUND: On September 8, 2009, Council authorized the reduction of the Niemeyer Trailer Sales Letter of Credit (LOC) to no less than $40,870, contingent upon the completion of certain improvements. Due to the required improvements not being completed prior to the expiration date of the LOC, the LOC was renewed in full. To date, the improvements required for the previously approved reduction (to no lees that $40,870) have been completed; however, upon discussions between Mr. Niemeyer and staff, it has been agreed that the development is eligible for further reduction to the LOC. To date, all municipal improvements and the majority of the required private street improvements have been completed. Based on the work completed and assuming the Developer is current with all fees owed to the City, it is recommended that the Letter of Credit be reduced from $71,978 to no less than $9,990. This reduced balance is consistent with previous agreements and is believed to be sufficient performance security. KEY ISSUES: • Current amount of LOC is $71,979 and it is recommended that it be reduced to $9,990. • Recommendation is consistent with previous agreements and approvals. • No further reductions will be recommended until October 2010. POLICY CONSIDERATIONS: It is City policy to have all letter of credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to reduce the letter of credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. 4� ` o(-. Agenda Item No. Meeting Date October 5, 2009 Mayor and Council Communication — October 1, 2009 Engineering — Niemeyer Trailer Sales Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: City Engineer/Adam Nafstad Attachments: none Page 2 of 2 �46 Agenda Item No. Meeting Date October 5, 2009 lbertvi j,e Mayor and Council Communication 7� 0D0tvUf. September 30, 2009 SUBJECT: 0 LEGAL — XCEL ENERGY AND WRIGHT HENNEPIN ELECTRIC COOPERATIVE FRANCHISE AGREEMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: approve the ordinance summaries for Ordinance No. 2009-014 Summary and Ordinance No. 2009-01.5 Summary for purposes of publication of such summaries, and to find that the summaries clearly inform the public of the intent and effect of the following ordinances: WRIGHT HENNEPIN ELECTRIC COOP FRANCHISE ORDINANCE, ORDINANCE NO. 2009-014 (summary). 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, 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 XCEL ENERGY ELECTRIC FRANCHISE ORDINANCE, ORDINANCE NO.2009-015 (summary). An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel Energy 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. BACKGROUND: At the September 8, 2009 meeting, the City Council approved the two franchise agreements described above. Because both franchise agreements are in the form of ordinances, these ordinances, or a summary of each ordinance, must be published in the official City newspaper before these ordinances will be effective. Publishing summaries of the ordinances are cheaper than publishing the entire ordinance. However, in order to publish a summary the Council must approve the summary and find that it clearly informs the public of the intent and effect of the ordinance. KEY ISSUES: • Publishing a summary is cheaper than publishing the full text of each franchise agreement. • The Council must approve the summaries before publication. M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Legal - ELectric Franchise summary publication RCA.doc Agenda Item No. 8.JA. Meeting Date October 5, 2009 Mayor and Council Communication — September 30, 2009 Legal — Summary Ordinance O 2009-014 and O 2009-015 Page 2 of 2 POLICY CONSIDERATIONS: Before publication can be made, the Council must determine that the summaries clearly inform the public of the intent and effect of the ordinances (franchise agreements). FINANCIAL CONSIDERATIONS: Publication of summaries will save considerable publication expense. LEGAL CONSIDERATIONS: Publication of the summaries has the same legal effect as publishing the entire ordinances. Respectfully submitted, 4� &J\Q-j Larry R. Kruse City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Summary of. WRIGHT HENNEPIN ELECTRIC COOP FRANCHISE ORDINANCE, ORDINANCE NO. 2009-014. 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, 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 Summary o£ XCEL ENERGY ELECTRIC FRANCHISE ORDINANCE, ORDINANCE NO.2009-015. An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel Energy 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. M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Legal - ELectric Franchise summary publication RCA.doc Agenda Item No. 8.11. Meeting Date October 5, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-014 SUMMARY 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, 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 Ordinance No. 2009-014, titled as set forth above, was passed by the City Council on Tuesday, September 8, 2009. It is an Ordinance granting to Wright Hennepin Electric Coop permission to construct and operate an electrical distribution system and transmission lines and permission to use public property for the system. A printed copy of the full ordinance is available for inspection by any person during regular office hours at the office of the city clerk. Below is a summary of the Ordinance: Section 1: Provides definitions for the Ordinance. Section 2: Grants a franchise to Wright Hennepin for 20 years; specifies that rates are subject to Minn. Stat. 21613.40; requires dispute resolution in any dispute. Section 3: Facilities shall be located along public ways as determined by the City, and shall not interfere with travel or disrupt operation of the City utility system already installed; Wright Hennepin is subject to reasonable City regulation; Wright Hennepin shall provide field locations pursuant to Minn. Stat. 2161); before disturbing any public way Wright Hennepin must obtain a permit from the City, except in an emergency; Wright Hennepin must restore any opened public way and maintain it for 2 years; if Wright Hennepin does not do so, the City can make the repairs and charge Wright Hennepin; anyone who damages electric facilities is liable for that damage; City must give Wright Hennepin notice of any improvements to public ways or grounds if the City believes that electric facilities will be affected; Wright Hennepin will share use of poles unless it would interfere with operation; Wright Hennepin can abandon underground facilities but must remove at City request if the facilities are uncovered as part of a City improvement project; Wright Hennepin must provide a map of the facilities. Section 4: If the City changes a public way, it can order Wright Hennepin to relocate any affected electric facilities at Wright Hennepin's expense, if the relocation is necessary for the proposed improvement; if it is found that Wright Hennepin's facilities impair public use of the ground, the City can require that Wright Hennepin move the facilities at its own expense; if 67 federal funds are involved in a project, Wright Hennepin must be paid the cost of relocation of facilities; this agreement does not affect any of Wright Hennepin's current rights. Section 5: Wright Hennepin may trim shrubs and trees as necessary to avoid interference with electric facilities. Section 6: Wright Hennepin shall indemnify the City for any damage done in connection with the electric facilities, except if the damage is a result of the City's negligence. Section 7: If the City vacates any public ways it must give Wright Hennepin two weeks written notice; Wright Hennepin must be paid for the cost of relocating electric facilities in connection with the vacation of any public way; City is not required to maintain any public way, and is not liable to Wright Hennepin for vacating any right of way. Section 8: Any change in the form of the City's government shall not affect this agreement. Section 9: The City may impose on Wright Hennepin a franchise fee, not to exceed 5% of gross revenues, to be collected as a flat fee per meter, per class, per month as laid out in the fee schedule; Before imposing such a fee the City must give Wright Hennepin notice; the franchise fee shall be adopted as a separate ordinance; to impose the fee the City must also impose an equivalent fee on any other energy company in the City. Section 10: Each part of the agreement is severable; the agreement does not create any third party rights; the agreement does not waive any of the City's defenses. Section 11: The agreement may be amended only by agreement of both parties. Section 12: This agreement supersedes any prior franchise agreements with this company. /s/Ron Klecker, Mayor Attest: /s/Bridget NMer. City Clerk .: City of Albertville Legal Notice Notice is hereby given that the Albertville City Council amended the 2005 Albertville Municipal City Code at the Tuesday, September 8, 2009 City Council meeting. Ordinance No. 2009-014, Wright Hennepin Electric Coop Franchise Ordinance, was passed and will become effective upon publication. It is an Ordinance granting Wright Hennepin Electric Coop permission to construct and operate an electrical distribution system and transmission lines and permission to use public property for the system. A printed copy of the full ordinance is available for inspection by any person during regular office hours at the Albertville City Offices, and copies may be purchased by the general public. The amendment to the 2005 Albertville Municipal City Code may also be viewed on the Albertville City Website at www.ci.albertvill.e.mn.us. Below is a summary of the Ordinance: Section 1: Provides definitions for the Ordinance. Section 2: Grants a franchise to Wright Hennepin for 20 years; specifies that rates are subject to Minn. Stat. 216B.40; requires dispute resolution in any dispute. Section 3: Facilities shall be located along public ways as determined by the City, and shall not interfere with travel or disrupt operation of the City utility system already installed; Wright Hennepin is subject to reasonable City regulation; Wright Hennepin shall provide field locations pursuant to Minn. Stat. 2161); before disturbing any public way Wright Hennepin must obtain a permit from the City, except in an emergency; Wright Hennepin must restore any opened public way and maintain it for 2 years; if Wright Hennepin does not do so, the City can make the repairs and charge Wright Hennepin; anyone who damages electric facilities is liable for that damage; City must give Wright Hennepin notice of any improvements to public ways or grounds if the City believes that electric facilities will be affected; Wright Hennepin will share use of poles unless it would interfere with operation; Wright Hennepin can abandon underground facilities but must remove at City request if the facilities are uncovered as part of a City improvement project; Wright Hennepin must provide a map of the facilities. Section 4: If the City changes a public way, it can order Wright Hennepin to relocate any affected electric facilities at Wright Hennepin's expense, if the relocation is necessary for the proposed improvement; if it is found that Wright Hennepin's facilities impair public use of the ground, the City can require that Wright Hennepin move the facilities at its own expense; if federal funds are involved in a project, Wright Hennepin must be paid the cost of relocation of facilities; this agreement does not affect any of Wright Hennepin's current rights. Section 5: Wright Hennepin may trim shrubs and trees as necessary to avoid interference with electric facilities. Section 6: Wright Hennepin shall indemnify the City for any damage done in connection with the electric facilities, except if the damage is a result of the City's negligence. Section 7: If the City vacates any public ways it must give Wright Hennepin two weeks written notice; Wright Hennepin must be paid for the cost of relocating electric facilities in connection with the vacation of any public way; City is not required to maintain any public way, and is not liable to Wright Hennepin for vacating any right of way. Section 8: Any change in the form of the City's government shall not affect this agreement. Section 9: The City may impose on Wright Hennepin a franchise fee, not to exceed 5% of gross revenues, to be collected as a flat fee per meter, per class, per month as laid out in the fee schedule; Before imposing such a fee the City must give Wright Hennepin notice; the franchise fee shall be adopted as a separate ordinance; to impose the fee the City must also impose an equivalent fee on any other energy company in the City. Section 10: Each part of the agreement is severable; the agreement does not create any third party rights; the agreement does not waive any of the City's defenses. Section 11: The agreement may be amended only by agreement of both parties. Section 12: This agreement supersedes any prior franchise agreements with this company. Bridget Miller City Clerk Date of publication: September 21, 2009 70 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-015 SUMMARY AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, DB/A XCEL ENERGY 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. Ordinance No. 2009-015, titled as set forth above, was passed by the City Council on Tuesday, September 8, 2009. It is an Ordinance granting to Northern States Power Company/Xcel energy permission to construct and operate an electrical distribution system and transmission lines and permission to use public property for the system. A printed copy of the full ordinance is available for inspection by any person during regular office hours at the office of the city clerk. Below is a summary of the Ordinance: Section 1: Provides definitions for the Ordinance. Section 2: Grants a franchise to Xcel for 20 years; specifies that rates are subject to Minn. Stat. 216B.40; requires dispute resolution in any dispute. Section 3: Facilities shall be located along public ways as determined by the City, and shall not interfere with travel or disrupt operation of the City utility system already installed; Xcel is subject to reasonable City regulation; Xcel shall provide field locations pursuant to Minn. Stat. 2161); before disturbing any public way Xcel must obtain a permit from the City, except in an emergency; Xcel must restore any opened public way and maintain it for 2 years; if Xcel does not do so, the City can make the repairs and charge Xcel; anyone who damages electric facilities is liable for that damage; City must give Xcel notice of any improvements to public ways or grounds if the City believes that electric facilities will be affected; Xcel will share use of poles unless it would interfere with operation; Xcel can abandon underground facilities but must remove at City request if the facilities are uncovered as part of a City improvement project; Xcel must provide a map of the facilities. Section 4: If the City changes a public way, it can order Xcel to relocate any affected electric facilities at Xcel's expense, if the relocation is necessary for the proposed improvement; if it is found that Xcel's facilities impair public use of the ground, the City can require that Xcel move the facilities at its own expense; if federal funds are involved in a project, Xcel must be paid the cost of relocation of facilities; this agreement does not affect any of Xcel's current rights. 71 Section 5: Xcel may trim shrubs and trees as necessary to avoid interference with electric facilities. Section 6: Xcel shall indemnify the City for any damage done in connection with the electric facilities, except if the damage is a result of the City's negligence. Section 7: If the City vacates any public ways it must give Xcel two weeks written notice; Xcel must be paid for the cost of relocating electric facilities in connection with the vacation of any public way; City is not required to maintain any public way, and is not liable to Xcel for vacating any right of way. Section 8: Any change in the form of the City's government shall not affect this agreement. Section 9: The City may impose on Xcel a franchise fee, not to exceed 5% of gross revenues, to be collected as a flat fee per meter, per class, per month as laid out in the fee schedule; Before imposing such a fee the City must give Xcel notice; the franchise fee shall be adopted as a separate ordinance; to impose the fee the City must also impose an equivalent fee on any other energy company in the City. Section 10: Each part of the agreement is severable; the agreement does not create any third party rights; the agreement does not waive any of the City's defenses. Section 11: The agreement may be amended only by agreement of both parties. Section 12: This agreement supersedes any prior franchise agreements with this company. /s/Ron Klecker, Mayor Attest: /s/Bridget Miller, City Clerk 72 City of Albertville Legal Notice Notice is hereby given that the Albertville City Council amended the 2005 Albertville Municipal City Code at the Tuesday, September 8, 2009 City Council meeting. Ordinance No. 2009-015, Xcel Energy Electric Franchise Ordinance, was passed by the City Council and will become effective upon publication. It is an Ordinance granting Xcel Energy Electric Franchise permission to construct and operate an electrical distribution system and transmission lines and permission to use public property for the system. A printed copy of the full ordinance is available for inspection by any person during regular office hours at the Albertville City Offices, and copies may be purchased by the general public. The amendment to the 2005 Albertville Municipal City Code may also be viewed on the Albertville City Website at www.ci.albertville.mn..us. Below is a summary of the Ordinance: Section 1: Provides definitions for the Ordinance. Section 2: Grants a franchise to Xcel for 20 years; specifies that rates are subject to Minn. Stat. 21613.40; requires dispute resolution in any dispute. Section 3: Facilities shall be located along public ways as determined by the City, and shall not interfere with travel or disrupt operation of the City utility system already installed; Xcel is subject to reasonable City regulation; Xcel shall provide field locations pursuant to Minn. Stat. 2161); before disturbing any public way Xcel must obtain a permit from the City, except in an emergency; Xcel must restore any opened public way and maintain it for 2 years; if Xcel does not do so, the City can make the repairs and charge Xcel; anyone who damages electric facilities is liable for that damage; City must give Xcel notice of any improvements to public ways or grounds if the City believes that electric facilities will be affected; Xcel will share use of poles unless it would interfere with operation; Xcel can abandon underground facilities but must remove at City request if the facilities are uncovered as part of a City improvement project; Xcel must provide a map of the facilities. Section 4: If the City changes a public way, it can order Xcel to relocate any affected electric facilities at Xcel's expense, if the relocation is necessary for the proposed improvement; if it is found that Xcel's facilities impair public use of the ground, the City can require that Xcel move the facilities at its own expense; if federal funds are involved in a project, Xcel must be paid the cost of relocation of facilities; this agreement does not affect any of Xcel's current rights. Section 5: Xcel may trim shrubs and trees as necessary to avoid interference with electric facilities. Section 6: Xcel shall indemnify the City for any damage done in connection with the electric facilities, except if the damage is a result of the City's negligence. Section 7: If the City vacates any public ways it must give Xcel two weeks written notice; Xcel must be paid for the cost of relocating electric facilities in connection with the vacation of any 73 public way; City is not required to maintain any public way, and is not liable to Xcel for vacating any right of way. Section 8: Any change in the form of the City's government shall not affect this agreement. Section 9: The City may impose on Xcel a franchise fee, not to exceed 5% of gross revenues, to be collected as a flat fee per meter, per class, per month as laid out in the fee schedule; Before imposing such a fee the City must give Xcel notice; the franchise fee shall be adopted as a separate ordinance; to impose the fee the City must also impose an equivalent fee on any other energy company in the City. Section 10: Each part of the agreement is severable; the agreement does not create any third party rights; the agreement does not waive any of the City's defenses. Section 11: The agreement may be amended only by agreement of both parties. Section 12: This agreement supersedes any prior franchise agreements with this company. Bridget Miller City Clerk Date of publication: September 21, 2009 74 >.1bertYij]e Mayor and Council Communication S.d 7w W*41. •b aw Ufa. September 30, 2009 SUBJECT: 0 LEGAL — SCHEDULE HEARING FOR PROPOSED ESTABLISHMENT OF CSAH 37 TRUNK UTILITIES DISTRICT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: set October 19, 2009 to begin at 7:00 p.m. or soon thereafter as a Hearing for the purpose of taking comment from interested property owners regarding the proposed establishment of Trunk Sanitary Sewer and Trunk Municipal Water Districts related to the 2009 CSAH 37 Trunk Utility Construction Project. BACKGROUND: With the filing of the Niemeyer Trailer Sales plat, the City undertook the installation of sewer and water trunk lines to Niemeyer's property and the two adjoining properties. Based on Staff s recommendation, the Council determined that it would finance the trunk lines via the establishment of trunk sewer and water districts that cover the properties being served. While state law does not require a public hearing before establishing the districts, Staff is recommending that we mail notice of the proposed adoption of the district to the property owners and give them a chance to be heard before the City Council on this issue and to make sure that they understand the trunk charge system. Because Niemeyer has already consented to the special assessment of the trunk costs to its property, the only two property owners likely to be heard from are the owners on either side of Niemeyer's property. KEY ISSUES: • The costs of the project will be reviewed at the hearing as well as the particulars of how and when the trunk charges will apply. POLICY CONSIDERATIONS: While a hearing is not necessary, Staff believes it will be beneficial to the property owners adjacent to the Niemeyer property who have not been following this issue as closely as Mr. Niemeyer. FINANCIAL CONSIDERATIONS: Once established, the trunk fees collected from these districts will pay for the trunk improvements installed to serve these properties. LEGAL CONSIDERATIONS: A hearing is not required by law prior to establishing the districts. The City Attorney recommends holding the hearing so that the affected landowners fully understand how the trunk financing system will impact their properties. Respectfully submitted, -P 1 Larry R. se City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: none M:\PublicData\Requests for Council Actions (RCA)\2009\10 05 2009 Legal RCA for CSAH 37 Trunk District -set hearing.doc Agenda Item No. O.e! .2. Meeting Date October 5, 2009 �bcrtville Mayor and Council Communication T� L"W eq czev ur.. October 1, 2009 SUBJECT: 0 LEGAL — SCHEDULE PUBLIC HEARINGS FOR PROPOSED SPECIAL ASSESSMENT OF COMMERCIAL PROPERTIES FOR TRUNK UTILITIES, SAC AND WAC, AND REALLOCATION OF PRIOR SPECIAL ASSESSMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: set November 2, 2009 at 7:00 p.m. or soon thereafter for a public hearing to consider the proposed special assessment of Lot 2, Block 1, Albertville Marketplace for $61,050 in SAC and WAC charges; and Motion: set November 2, 2009 at 7:00 p.m. or soon thereafter for a public hearing to consider the proposed special assessment of Lots 1, 2 and 3, Block 1, Niemeyer Trailer Sales, for $224,797 in trunk charges and local sewer and water utility expenses. and, Motion: set November 2, 2009 at 7:00 p.m. or soon thereafter for a public hearing to consider the proposed reallocation of special assessments to Lots 1, 2, 3 and 4, Block 1, Albertville Marketplace, in the amount of $21,998.34 for prior special assessments that existed at the time of filing of the Marketplace plat but were not reallocated to the numbered lots when the plat was filed. BACKGROUND: All special assessments must be certified to the County Auditor's office by November 30, 2009 in order to be placed for collection on the tax rolls for 2010. The following three proposed special assessments are related to recent development activity in Albertville. They are as follows: The Developer of Lot 2, Block 1 in Albertville Marketplace has recently requested that the City Council special assess its SAC and WAC charges for the construction of a gas station/convenience store/restaurant in the amount of $61,050 to the property over a period of three years. The City Council agreed to this request at its last meeting. • In the Developer's Agreement for Niemeyer Trailer Sales, the City has previously agreed to special assess the sewer and water trunk charges and the cost of installing local sewer and water lines in the private drive serving the Niemeyer properties. Construction on these projects has just been completed. Niemeyer's trunk costs are $125,037 for sewer and $47,357 for water, and the combined local sewer and water line installation costs are $52,403. Niemeyer's total assessment for all of these costs will be $224,797. The Developer's Agreement calls for these assessments to be levied for a period of time not less than 10 years M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Legal RCA (Niemeyer Special Assessments -set hearing date).doc Agenda Item No. 8.J .3. Meeting Date October 5, 2009 77 Mayor and Council Communication — October 1, 2009 Legal — Set Three (2) Public Hearings Page 2 of 2 When Albertville Marketplace was platted, there were existing special assessments on the property. Normally, these special assessments are allocated to the numbered lots upon subdivision, usually via a resolution reallocating the special assessments to the numbered lots. Because we did not process a reallocation at the time of the filing of the plat, the County Auditor's office reallocated the special assessments to the three outlots which consist of the wetlands/pond, the private street, and the lift station property. These special assessments were put on the outlots' tax statements for 2009. Because the City owns the lift station property (Outlot B), the City's tax statement for 2009 contained an assessment installment amount of $1,857.41. The City paid this installment of the special assessment. Staff is now proposing to reallocate the remaining $20,130.93 in special assessments plus the $1,857.41 paid by the City (for a total of $21,988.34) to the four numbered lots on the property for the remaining five years of the original life of the special assessments. KEY ISSUES: • The owners of the Niemeyer Properties and Lot 2, Block 1 of Albertville Marketplace have consented to the assessment and have waived the right to appeal the assessments. • Staff has discussed the Albertville Marketplace assessment reallocation with Phil Morris, the owner of the Albertville Marketplace properties, and made him aware of the situation. POLICY CONSIDERATIONS: All of these proposed assessments are either consistent with the City's past policies on special assessing SAC and WAC charges, are consistent with existing obligations under the City's developer's agreement, or are consistent with past practices in reallocating special assessments. FINANCIAL CONSIDERATIONS: The proposed special assessments will help the City recover costs it has already incurred. LEGAL CONSIDERATIONS: A public hearing must be held in order to special assess the SAC, WAC and trunk charges. State statute is not clear on whether a public hearing needs to be held to reallocate special assessments. However, the City Attorney is recommending that we hold a public hearing on reallocating the Albertville Marketplace special assessments to be on the safe side. Respectfully submitted, Larr �se y City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Legal RCA (Niemeyer Special Assessments -set hearing date).doc pp 22 Agenda Item No. 8.J.J. Meeting Date October 5, 2009 Page 1 of 1 Larry Kruse. From: Marc Weigle [mweigle@ci.st-michael.mn.us] Sent: Monday, September 14, 2009 11:31 AM To: Larry Kruse; daniel-hanover@comcast.net Cc: Bob Derus Subject: Draft MOU Attachments: MOU draft 9-11-09.doc; Exhibit B Cost Sharing Example.pdf; Exhibit A Sheet A210 - MAIN FLOOR AREA'A'.pdf Larry and Dan, Please find attached a draft Memorandum of Understanding for the Library project. I want to point out that this has not been reviewed or approved by St. Michael's Council or attorney so we will likely have suggested revisions as well. However, I wanted to get something out there for each City to review and consider. Please call or email with questions or comments, or feel free to redline and send back. I am working with Ehler's to determine what the net P & I payments would be based on Recovery Zone Bonds and will get that to you as soon as possible. Also, below is the estimated maintenance cost sharing breakdown. The current maintenance expense (not including lease) is $7,000/year. The new library is 3.75 times bigger than the current one and will likely require more cleaning due to more windows, etc. So I have increased the estimate maintenance cost by 4.25 times to $ 30,000/year. Estimated Annual Maintenance Cost Site Benefit Cost Share $30,000 $ 7,500 $ 22,500 Albertville $5,946 Hanover $2,014 St. Michael $ 7,500 $14,540 Thanks and call with questions or comments. Marc Weigle Community Development Director 763-497-2041 X102 (office) 763-286-6380 (cell) mweigle@ci.st-michael.mn.us City of St. Michael 3150 Lander Avenue NE St. Michael, MN 55376 9/30/2009 79 Page 1 of 1 Larry Kruse From: Tina Lannes Sent: Wednesday, September 30, 2009 9:40 AM To: Larry Kruse (Ikruse@ci.albertville.mn.us) Subject: Library Larry, The Library would need an unbudgeted payment in August of 2010 in the amount of $21,000. First full payments for debt will be 2011 in the amount of $41,225. The effects on adding the $41,225 to the levy will create a 1.37% increase to the levy and the following increases estimated based on home value: $200,000 home an increase of $10.00 $300,000 home an increase of $15.00 $400,000 home an increase of $20.00 In nut shell it would increase taxes for a resident $5.00 per every $100,000 in market value. If you need anything else let me know. Tina L. Lannes Finance Director City of Albertville Phone: 763-497-3384 ext 102 Fax: 763-497-3210 POBox 9 5959 Main Ave NE Albertville, MN 55301 9/3 0/2009 81 MEMORANDUM OF UNDERSTANDING Between the cities of St. Michael, Albertville and Hanover For Construction and Maintenance of a New Branch Library This agreement will provide a framework for construction River Regional Library System branch library ("Library") a Center Drive NE and Landmark Drive NE in the City of St - approximately 10,000 square feet of floorarE and children's services, service counter,,,staff room; and - approximately 2,800 square feet for lobby, b space, which is the library's pro rata portion building size; I. Purpose The purpose of this:agreement is to di of St. Michael ("St"',lvlichae', City of A ("Hanover") lilted cbOperatWe working Library. intenance of a new Great rtheast corner of Town The Library will include: lace dedidW for adult, teen k space andkexlble meeting corns, storage, and mechanical ese areas based on the overall the roles`and responsibilities of the City Mlle ("Albertville") and City of Hanover ionship to establish and maintain the II. Initial Lein§ttya n A. he Libraryde i n wilt`, sub.stantiall similar to the plans attached as Exhibit A r y B. Sg*Nhchael is respb sible' o bid, contract, finance, and carry to completion the cons>ation of thoibrary. C. St. Micas thefight to make minor adjustments to the Plans throughout the initial con e tib period as necessary to complete construction and manage costs. III. Construction Cost Sharing A. St. Michael, Albertville and Hanover agree to participate in sharing the costs of constructing the Library, including items such as consultant fees, site improvements, construction, furniture, and equipment. The architects estimate for the Library is $3,000,000. B. A $400,000 State Library Grant will be applied to the overall project, reducing the net cost to an estimated $2,600,000. C. Each cities' share of the Library net cost will be determined based on the actual costs and the following formula ("Funding Formula"): Page 1 of 4 1. 25% is the sole responsibility of St. Michael. This is because the Library is located in St. Michael. 2. The remaining 75% is split between the three cities based on the average of each cities percentage of population and market value. 3. Actual payments will be adjusted annually throughout the life of the bond. For example, 2011 bond payments will be based on the Minnesota State Demographer 2009 population estimate and 2009 market values. 4. St. Michael shall make its best effort to notify Albertville and Hanover by September 1 of each year what each cities share of the bond payments will be for the following year. 5. Albertville and Hanover shall make payments to St Michael no later than January 20 and July 20 of each year. Exhibit B provides an example of the formula. IV. Maintenance, Operations and Use A. Should St. Michael establish policies for the use of the Flex'f l ' Meeting space, identified as Room 116 on Exhibit A, residents of Albertville and Hanover shall receive the same status as St. Michael rents Its understood all parties that Library functions get priority for this space: St.Nichael hasihe sole right to establish policies for the use of other portions r f the building, excluding the Library (i.e. Senior Center, r4 its purpose room, cflpference rooms). B. Each city shall be responsible to ps share of the np�ual cleaning and utility costs ("Annual Maintenance Costs") for e,Librarysed on the Funding Formula. 1. For services* h6re`it is possibfe_tdetermine the actual cost attributable to the Library, said colt will be included in the Annual Maintenance Cost. 2. For those servicesvV l?ere it is notossible to determine the actual cost attributablet the L hrary (i.e. natvtal gas and electricity), a pro rata portion willellocate t the AaJ+Intenance Cost based on the size of the Lbi�ary:4ielatithe entire building. C t Michael shag make its-st,effort to notify Albertville and Hanover by xptember 1 ofi year what the cleaning and utility costs will be for the follivmg year. A] tville and Hanover shall make quarterly payments to St. Michno later than March 31, June 30, September 30 and December 31. D. St. Mich -shall he authority to make minor updates (i.e. painting), or necessary, S" to the Library not exceeding an aggregate of $5,000 in any given year, ad bill said costs to each city according to the Funding Formula in effect for th6Ayear in which the costs are incurred. E. For updates or necessary repairs exceeding an aggregate of $5,000 in any given year, significant floor plan changes, or additions to the Library, an Ad Hoc Committee shall be formed with one representative from each City. The Ad Hoc Committee shall make a recommendation to the St. Michael City Council. Approved expenses shall be subject to the Funding Formula with terms to be determined at the time of the improvement. Page 2 of 4 V. Miscellaneous A. No party objects to St. Michael establishing a lease -purchase agreement with the Economic Development Authority of St. Michael as a vehicle to finance the project. B. A prominent sign at the entrance into the library portion of the building shall recognize the participation and ownership of Albertville and Hanover in the Library. Disputes: All parties hereby agree that all disputes shall be resolved to each party's satisfaction. Ak, Page 3 of 4 M. CITY OF ST. MICHAEL Mayor, City of St. Michael AUTHORIZATIONS Date Page 4 of 4 :■ Page 1 of 2 Larry Kruse From: Marc Weigle [mweigle@ci.st-michael.mn.us] Sent: Thursday, September 24, 2009 12:46 PM To: Larry Kruse; daniel-hanover@comcast.net; hanovercityhall@comcast.com Cc: Bob Derus Subject: Library Bid Results Attachments: Project Budget _Sept_09.pdf; StM_25YrBothLevel. pdf Larry and Dan, Bid Package #1 (General Construction) for the library project was opened on Tuesday. The City received 15 bids, all of which were in a tight range, suggesting that the bids were very competitive and reflect the best price possible given the size and scope of the building. The apparent low bidder was Ebert Construction of Corcoran. In conversations with a few general contractors that did not get the bid, winter conditions added very little cost to the project as they both expected to have most of the concrete work done by early December. I have attached a revised project budget which shows the overall project cost and the estimated library cost. The portion of the building allocated to the library is 36.9%, or 12,800 s.f. of the 34,680 s.f. building. Based on this bid, the library is estimated to cost $2,790,808. This is 7% below the architect's original estimate of $3,000,000, despite the fact that the library includes higher quality/longer-lasting flooring and more energy efficient improvements than originally budgeted (i.e. lighting and occupancy controls, additional window glazing, higher efficiency boiler/chiller, heat recovery wheel, etc.). Xcel Energy has identified that the added features will pay for themselves within 5 years through energy savings. Also note that the attached budget does not yet reflect rebates from Xcel and CenterPoint of approximately $25,000 for the entire building. Ehler's has provided the attached spreadsheet showing an anticipated debt payment schedule for a 25 year period. Again, as stated in the Memorandum of Understanding (MOU), this number will adjust each year as population and market values fluctuate. The City was successful in securing $1,988,000 of Recovery Zone bond funds from Wright County for the project (50% of the available funds). The remaining portion of the library project will be funded with the library grant and a lease bond through the St. Michael EDA. The St. Michael Council will be discussing the bid on Sept. 30 at a special meeting. I am hopeful that both Albertville and Hanover would also be agreeable to holding special meetings prior to that date to consider the draft MOU based on the most current bid information. It is critical for the St. Michael Council to have the support of both Albertville and Hanover. Finally, just a reminder that there are still parts of the project that are estimates and we won't know the final cost until the project is completed. The biggest estimate remaining is Furniture, Fixture and Equipment (FFE) which will be bid out later as the project is underway. However, this is a relatively small amount for the library and the items can be adjusted more easily to fit the budget, so I would not expect the cost to be any higher than shown. I am available to attend a special meeting next Monday evening anytime, or Tuesday (8:00 or later) if you think that would be helpful. Please let me know if you have any questions or would like to meet. Thanks! 9/30/2009 87 Library, Senior Center and City Hall KKE Architects Project Budget 9-24-09 Library Portion COSTS Total Cost (36.9% of total s.f.) REMARKS 1 SITE RELATED COSTS 1.01 Site Purchase $0 City owned 1.02 Plan Review Fees TBD 1.03 Building Permit TBD 1.04 SAC & WAC Charges $0 SUBTOTAL: $0 2 FEES/SERVICES/BUDGETS 2.01 Architectural/Engineering Fees $392,700 $144,906 KKE 2.02 Civil Engineering $43,800 $16,162 QSD 2.03 Technology Consultant $10,500 KFI 2.04 Soils Investigation $26,875 $9,917 NTI 2.05 Construction Testing $30,000 $11,070 2.06 Project Reim bursables/Printing Costs $25,000 $9,225 2.07 Moving/Relocation Expense $25,000 $9,225 2.08 Owner's Insurance/Builders Risk $15,000 $5,535 SUBTOTAL: $568,875 $206,040 3 FURNITURE/EQUIPMENT/TECHNOLOGY 3.01 Furniture/Equip - Library/Senior Ctr $360,000 $252,000 Library 70% - stacks, chairs, tables, etc. 3.02 Kitchen Equip $60,000 3.03 Furniture/Equip - City Hall $175,000 3.04 Sound & Audio -Visual @ Chambers $60,000 3.05 Security $30,000 $11,070 Card Readers/Access Alarms 3.06 Technology $50,000 SUBTOTAL: $735,000 $263,070 4 CONSTRUCTION COSTS 4.01 Early Site Prep Package Grading/Roads/Utilities $31,734 36.9%of completed site improvements 4.02 Ebert Construction Bid (building and site) $5,906,250 $2,179,406 SUBTOTAL: $5,906,250 $2,211,140 5 CONTINGENCY $295,313 $110,557 5% of Construction Costs TOTAL COSTS: $7,505,438 $2,790,808 FUNDING Senior Ctr./City Hall Library REMARKS 6 SOURCES 6.01 Recovery Zone Bond $1,988,000 6.02 EDA Lease Purchase $1,964,630 $402,808 6.03 Other Capital/Cash Outlay $2,750,000 Amount to be paid by St. Michael 6.04 Other Revenue - State Library Grant $400,000 Per Approved Grant Funding TOTAL REVENUE: $4,714,630 $2,790,808 t0 N St. Michael, MN Assumes Current Market Rates (G.O. "AA-" Rated, Lease "A+^ Rated) Bond Information Dated Date 11/1/2009 1 Par Amount of Bonds Cash Grant 1st Int Pmt 8/1/2010 1st Prin Pmt 2/1/2012 Period Levy Collect Ending Year Year Date 2007 2008 11/1/2009 2008 2009 2/1/2010 2009 2010 2/1/2011 2010 2011 2/1/2012 2011 2012 2/1/2013 2012 2013 2/1/2014 2013 2014 2/1/2015 2014 2015 2/1/2016 2015 2016 2/1 /2017 2016 2017 2/1/2018 2017 2018 2/1/2019 2018 2019 2/1/2020 2019 2020 2/1/2021 2020 2021 2/1/2022 2021 2022 2/1/2023 2022 2023 2/1/2024 2023 2024 2/1/2025 2024 2025 2/1/2026 2025 2026 2/1 /2027 2026. 2027 2/1/2028 2027 2028 2/1 /2029 2028 2029 2/1/2030 2029 2030 2/1/2031 2030 2031 2/1 /2032 2031 2032 2/1/2033 2032 2033 2/1/2034 2033 2034 2/1/2035 Total Underwriter's Discount (1.750%) Costs of Issuance Capitalized Interest Deposit to DSR Fund Deposit to Project Fund Rounding Amount Total Uses Average Coupon: Effective Average Yield: 1,50% Effective Cap DSR Rate Yield Interest Interest Earninqs 70,000 3.75% 2.44% 75,000 3.90% 2,54% 75,000 4.25% 2.76% 80,000 4.60% 2.99% 60,000 5.05% 3.28% 85,000 5.40% 3.51% 85,000 5.55% 3.61% 90,000 5.80% 3,77^:! 90,000 6.00% 3.90% 95,000 6.15% 4.00% 100,000 6,30% 4.10% 105,000 6.55% 4,26% 110,000 6.70% 4,36% 115,000 6.60% 4.29% 115,000 6.70% 4.36% 120,000 6.80% 4.42% 130,000 6.85% 4,45% 135,000 6.90% 4,49% 140,000 7.00% 4,55% 145,000 7.00% 4,55% 150,000 7.00% 4,55% 160,000 7.10% 4.62`/b 165,000 7,10% 4.62% 265,000 7.10% 4.62% 6.7335% 4.3768% Total P&I 220,988 (24,309) (4,178) 192,501 176,790 (41178) 242,613 174,165 (4,178) 244,988 171,240 (4,178) 242,063 168,053 17��243,875 164,373 (4,178) 240,195 160,333 (4,178) 241,155 155,743 (4,178Z 236,565 151,025 (4,178) 236,848 145,805 (4,178) 231,628 140,405 �,178) 2311,228 134,563 (4,178) 230,385 128,263 (4,178) 229,085 121,385 (4,178) 227,208 114,015 (4,178) 224,838 106,425 (4,178) 217,248 98,720 _(4,1M 214,543 90,560 (4,178) 216,383 81,655 (4,178) 212,478 72,340 (4,178) 208163 62,540 (4,178) 003,363 52,390 (4,178) 198,213 41,890 (4,178) 197,713 30,530 (4,178) 191,353 18,815 (282,678) 1,138 2,780,000 2,750,000 400,000 5,968,050 48,650 45,000 24,309 278,500 5,570,000 1,591 5,968,050 25 Year Issues - Both Issues Level Debt 80.57% 19.43% Net P&I Net P&I 35.00% Other Library Federal Net Portion Portion Rebate P & I St Michael Shared (77,346) 115,156 92,781 22,375 61,877 180,736 145,619 35,117 (60,958) 184,030 148,273 35,757 (59,934) 182,129 146,741 35,388 (58,818 185,057 149,100 35,957 (57,530) 182,665 147,173 35,492 (56,116) 185,039 149,086 35,953 (54,510) 182,055 146,682 35,373 (52,859) 183,989 148,240 35,749 (51,032) 180,596 145,506 36,090 494142 182,086 146,706 35,379 (47,097) 183,288 147,675 35,613 (44,892) 184,193 148,404 35,789 42,485 184,723 148,831 35,892 (39,905) 184932 1 149.000 35,932 (37,249) 179:999 145,025 34,974 (28,579) 183,898, 25,319 182,844 148,167 35,731 147,317 35,526 (21,889) 181,474 146,213 35,260 (18,337) 179,876 144,926 34,950 (14,662) 183,051 147,484 35,567 (10,686) 180,667 145,563 35,104 (6,585) (5,448) (4,389) (1,058) Prepared by Ehlers &Associates, Inc. 9/24/2009 EHLERS St. Michael, MN Assumes Current Market Rates (G.O. "AA-" Rated, Lease "A+" Rated) 25 Year Issues - Both Issues Level Debt Pfsss ea s s e a ® e den4ialbblig6tion"s e Par Amount of Bonds 1,985,000 Cash Grant - Total Sources of Funds 2,007,098 Total Underwriter's Discount (1.350%) 26,798 Costs of Issuance 35,000 Capitalized Interest 14,673 Deposit to DSR Fund Deposit to Project Fund 1,930,000 Rounding Amount 627 Total Uses 2,007,098 Average Coupon: 5.9061% Effective Average Yield: 3.2484% Period 45.00% 26.00% 9.00% 65.00% Levy Collect Ending Effective Cap Total Federal Net Albertville Hanover St Michael Year Year Date Principal Rate Yield Interest Interest P & I Rebate P & I Portion Portion Portion 2007 2008 11/1/2009 2008 2009 2/1/2010 - 2009 2010 2/1/2011 - 133,394 (14,673) 118,720 (60,027) 58,693 15,260 51282 38,161 2010 2011 2/1/2012 60,000 106,715 166,715 48,022) 118,693 30,860 10,682 77,151 2011 2012 2/1/2013 60,000 2.65% 1.46% 106,715 166,715 (48,022) 118,693 30,860 10,682 77,151 2012 2013 2/1/2014 65,000 3,40% 1,87% 105,125 170,125 (47,306) 122,819 31,933 11,054 79,832 2013 2014 2/1/2015 65,000 3.75% 2.06% 102,915 167,915 (46,312 p121,603 31,617 10,944 79,042 2014 2015 2/1/2016 65,000 4.10% 2.26% 100,478 165,478 (45,215) 120,263 31,268 10,824 78,171 2015 2016 2/1/2017 65,000 4.30% 2.37% 97,813 162,813 (44,016) 118,797 30,887 10,692 77,218 2016 2017 2/1/2018 70,000 4.75% 2,61% 95,018 165,018 42,758) 122,260 31,788 11,003 79,469 2017 2018 2/1/2019 70,000 4.90% 2,70% 91,693 161,693 (41,262) 120,431 31,312 10,839 78.280 2018 2019 2/1/2020 70,000 5,10% 2,81% 88,263 158,263 (39,718) 118,544 30,822 10,669 77,054 2019 2020 2/1/2021 75,000 5.25% 2.89% 84,693 159,693 3. ,112 121,581 31,6111. 10,942 .79,028 2020 2021 2/1/2022 75,000 5,45% 3.00% 80,755 155,755 (36,340) 119,415 31,048 10.747 77,620 2021 2022 2/1/2023 80,000 5.65% 3,11% 76,668 156,668 (34,500) 122,167 31,763 10.995 79,409 2022 2023 2/1/2024 80,000 5.80% 3.19% 72,148 152,148 32,466 119,681 31,117 10,771 77,793 2023 2024 2/1/2025 85,000 5.90% 3.25% 67,508 152,508 (30,378) 122,129 31,754 10,992 79,384 2024 2025 2/1/2026 85,000 6.00% 3,30`Ia 62,493 147,493 (28,122) 119,371 31,036 10,743 77,591 2025 2026 2/1/2027 90,000 6.05% 3.33% 57,393 147,393 25,827 121,566 31,607 10,941 79,018 2026 2027 2/1/2028 90,000 6.10% 3.36% 51,948 141,948 (23,376) 118,571 30,828 10,671 77,071 2027 2028 2/1/2029 95,000 6.15% 3.38% 46,458 141,458 (20,906) 120,552 31,343 10,850 78,359 2028 2029 2/1/2030 100,000 6.20% 3,41% 40,615 140,615 18,277 122,338 31,808 11,010 79,520 2029 2030 2/1/2031 100,000 6.25% 3.44% 34,415 134,415 (15,487) 118,928 30,921 10,704 77,303 2030 2031 2/1/2032 105,000 6.35% 3.49% 28,165 133,165 (12,674) 120,491 31,328 10,844 78,319 2031 2032 2/1/2033 110,000 6.35% 3,49% 21,498 131,498 (9,674) 121,824 31,674 10.964 79.186 2032 2033 2/1/2034 110,000 6.45% 3.55% 14,513 124,513 _. (6,531) 117,982 30,675 10,618 w 76,688 2033 2034 2/1/2035 115,000 6.45% 3.55% 7,418 122,418 (3,338) 119,080 30,961 103717 77,402 1,985,000 1,774,809 14,673 3,745,135 798,664 2,946,472 766,083 265,182 1,915,206 Prepared by Ehlers & Associates, Inc. 9/24/2009 19 EHLERS 0 St. Michael, MN Assumes Current Market Rates (G.O. "AA-" Rated, Lease "A+" Rated) BreakdownTotal Debt Service Par Amount of Bonds 4,765,000 Cash 2,750,000 Grant 400,000 x, Total Sources of Funds 7,975,148 Total Underwriter's Discount (1.750%) 75,448 Costs of Issuance 80,000 Capitalized Interest 38,982 Deposit to DSR Fund 278,500 Deposit to Project Fund 7,500,000 Rounding Amount 2,218 Total Uses 7,976,148 Average Coupon: 6.3991% Effective Average Yield: 3.9207% Period Levy Collect Ending Albertville Hanover St Michael Total Year Year Date Portion Portion Portion Debt Service 2007 2008 11/1/2009 2008 2009 2/1/2010 - - - 2009 2010 2/1/2011 21,078 7,296 145,475 173,849 2010 2011 2/1/2012 39,991 13,843 245,596 299,429 2011 2012 2/1/2013 40,157 13,901 248,665 302,723 2012 2013 2/1/2014 41,134 14,239 249,575 304,947 2013 2014 2/1/2015 40,966 14,180 251,514 306,660 2014 2015 2/1/2016 40,496 14,018 248,413 302,927 2015 2016 2/1/2017 40,235 13,927 249,673 303,836 2016 2017 2/1/2018 40,985 14,187 249,143 304,315 2017 2018 2/1/2019 40,607 14,056 249,757 304,420 2018 2019 2/1/2020 39,945 13,827 245,368 299,140 2019 2020 2/1/2021 40,810 14,126 248,731 303,667 2020 2021 2/1/2022 40,307 13,953 248,444 302,703 2021 2022 2/1/2023 41,069 14,216 251,076 306,360 2022 2023 2/1/2024 40,449 14,002 249,953 304,404 2023 2024 2/1/2025 41,096 14,226 251,740 307,061 2024 2025 2/1/2026 40,130 13,891 245,349 299,370 2025 2026 2/1/2027 40,700 14,088 246,768 301,556 2026 2027 2/1/2028 40,158 13,901 249,198 303,258 2027 2028 2/1/2029 40,634 14,065 249,751 304,450 2028 2029 2/1/2030 41,045 14,208 249,929 305,182 2029 2030 2/1/2031 40,089 13,877 246,436 300,402 2030 2031 2/1/2032 40,415 13,990 245,963 300,367 2031 2032 2/1/2033 40,922 14,165 249,788 304,875 2032 2033 2/1/2034 39,802 13,778 245,069 298,649 2033 2034 2/1/2035 30,685 10,622 72,324 113,632 983,901 340,581 5,933,697 7,258,180 25 Year Issues - Both Issues Level Debt Prepared by Ehlers & Associates, Inc. 9/24/2009 E,HLEtRS