2009-10-19 CC PacketNibertvilleit Agenda
Sawav �w.ftatyUN City of Albertville Council g
OCTOBER 19, 2009
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on
the agenda or of general community interest. Advertised public hearings are scheduled as such so that the
public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding
specific agenda items, other than public hearings should indicate so and will be afforded an opportunity
during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters
not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always
afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at
the beginning and end of the agenda. Presentations are limited to five (5) minutes. In any case, citizens are
asked to complete a `Request to Speak Card'.
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
A. Sprung Building Presentation - STMA Arena (20 minutes)
4. CITIZENS OPEN FORUM — (time reserved 5 minutes)
5. AMENDMENTS TO THE AGENDA
6. MINUTES
A. Approve October 5, 2009 regular City Council minutes (pgs. 1-15)
B. Approve October 5, 2009 City Council Workshop minutes (pg. 17)
7. 0 CONSENT AGENDA
All items with an asterisk (IMF) 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
0 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 20-25)
0 8.F.1. City Clerk — Harry and David Off -Sale Liq Lie (pg. 26)
8.F.2. City Clerk — Albertville Lions Intoxicating Liq Lie (pgs. 28-29)
8. DEPARTMENT BUSINESS
A. Fire Department
City of Albertville Council Agenda
October 19, 2009 Page 2 of 4
B. Public Works Department
C. Utilities Department (WWTP)
D. Building Department
1). Accept the Building Official's Report dated October 14, 2009 (pgs.18-19)
E. Finance Department
1). 0 Authorize the Monday, October 19, 2009 Payment of Claims (bills) for check
numbers 027569 to 027615 (pgs. 20-25)
F. City Clerk
1). 0 Approve the New Application for a 2009-2010 Off -Sale Intoxicating Liquor
License for the term beginning November 1, 2009 to April 15, 2010 to Harry and
David for Harry and David contingent upon passing the Bureau of Criminal
Apprehension (BCA) Background Check and approval from the Minnesota
Department of Alcohol and Gambling (pg. 26)
2). 0 Approve a 1-Day Temporary Intoxicating Liquor License application submitted
by the Albertville Lions for an event that will be held at the St. Albert Parish Center
on Saturday, October 24, 2009 from 5:00 p.m. to 10:00 p.m.
Approve a One -Day 3.2 Malt Liquor License application submitted by the
Albertville Lions for an event that will be held at the St. Albert Parish Center on
Saturday, October 24, 2009 from 5:00 p.m. to 10:00 p.m. (pgs. 28-29)
G. City Council
1). Oral Update on the STMA Ice Arena Board meeting
a. ARY Report Update (oral) 120 minutes)
2). Oral Update on the Planning and Zoning Commission meeting
3). Mayoral Update on Guardian Angels Senior Project
4). Mayoral Update on Monday, October 19 Wright County Commissioners Road Tour
(I-94 and CSAH 19)
H. Planning and Zoning
I. Engineering
1). 0 Authorize to release the Letter of Credit held for the Towne Lakes 5th Addition,
with the following conditions (pgs. 30-32)):
a. Development is current with all fees and obligations owed to the City
b. All remaining silt fence is removed from site
2). Adopt Resolution No. 2009-036 entitled Resolution Ordering Improvement,
Approving Plans and Specifications and Accepting Bid for The Towne Lakes
Watermain Extension Project (pgs. 34-42)
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Meeting Date: October 19, 2009
City of Albertville Council Agenda
October 19, 2009 Page 3 of 4
J. Legal
1). Approve Ordinance No. 2009-022 entitled an Ordinance Establishing a Sewer
Trunk District for Selected Properties Abutting CSAH 37 (known as Niemeyer
Trailer Sales); AND
Approve Ordinance No. 2009-023 entitled an Ordinance Establishing a Water Trunk
District for Selected Properties Abutting CSAH 37 (known as Niemeyer Trailer
Sales) (pgs. 44-52)
2). Approve Installation of Road Maintenance Notification Sign in the Prairie Run
Development (pgs. 54-56)
3). Authorize the City Administrator to enter into a contract with Nagell Appraisal to
appraise 1-94 properties to identify I-94 benefit not to exceed an initial $10,000 (to
be distributed at the meeting)
4). Lamar 1-94 Property Acquisition (to be distributed at the meeting)
5). Oral Update on Psyk Assessment Litigation Outcome
K. Administration
9. CITIZENS OPEN FORUM - (continued if necessary)
10. ANNOUNCEMENTS and or UPCOMING MEETINGS
October 2009
26 6:00 p.m. Joint Powers Water Board meeting
November 2009
1
2:00 a.m.Daylight Savings ends - set clocks back 1-hour
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
1.1
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.
23 1:30 p.m.
24 all day
26 6:00 p.m.
26 7:00 p.m.
31 1:30 p.m.
11. ADJOURNMENT
City Council meeting
Christmas Day observed — City offices closing early
Christmas Day observed — City offices closed
Joint Powers Water Board meeting
Committee of the Whole Workshop (tentative)
New Year's Day observed — City offices closing early
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Meeting Date: October 19, 2009
Albertville
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SUBJECT: CITY COUNCIL MINUTES
Mayor and Council Communication
October 8, 2009
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following
motions:
Motion approve the Monday, October 5, 2009 regular City Council minutes as presented, which a final copy
will be printed; signed; then the signed copy will be scanned; the electronic scanned version will be kept on
file in the office of the City Clerk and serve as the official record; and,
Motion approve the Monday, October 5, 2009 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,
Larry R. se
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: October 5, 2009 regular Council minutes
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Agenda Item No. 6.
Meeting Date October 19, 2009
A,lbertville
ALBERTVILLE CITY COUNCIL
OCTOBER 5, 2009
MINUTES
ALBERTVILLE CITY HALL 7:00 PM
PLEDGE OF ALLEGIANCE — CALL TO ORDER
The Mayor called the October 5, 2009 regular City Council meeting to order at 7:00 p.m., in
which the members of the Council arose for the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Ron Klecker, Council members Larry Sorensen, Tom Fay, Dan Wagner, and
John Vetsch
OTHERS PRESENT: City Administrator Larry Kruse, City Engineer Adam Nafstad, City
Planner Alan Brixius, City Attorney Mike Couri,; Finance Director Tina Lannes, Utilities
Department Superintendent John Middendorf, and City Clerk Bridget Miller
ABSENT: none
RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS — no comments
CITIZEN FORUM
Mayor Klecker asked Mike Potter to approach the podium to present his item to the Council that
is already not on the agenda.
Mike Potter of 11650-57th Street NE basically reported that as a number of the Council members
are aware, he has been doing dirt work on his property off of CSAH 37 near the cemetery. The
current City Code reads: Any person who proposes to add land fill in excess of fifty (50) cubic
yards to any property or person who proposes to land fill in a drainage or utility easement within
the city limits shall apply to the city for a land fill permit. Potter has applied for a Permit that
was approved. Potter went on to bring up the fact that the Council is considering amending the
current City Code to reduce the amount to twenty (20) cubic yards. Potter noted that it takes a
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Agenda Item No. 6®
Meeting Date October 19, 2009
City of Albertville
City Council Minutes
October 5, 2009
Page 2 of 14
fair amount of coordination in getting dirt hauled in and if a person needs the Council's approval
that can make the process rather difficult to accomplish.
City Administrator Kruse went into more detail with the Grading Permit approval, in which the
City Code states that the City Council is supposed to approve such Grading and or Land -filling
Permits. Kruse wanted the Council to consider amending the City Code to amend the process by
allowing the Grading Permit to be approved via an Administrative Permit. By amending the
process would allow staff the ability to approve the Grading Permits, which would get the
permits turned around in a shorter time compared to the current process of having the applicant
go before the City Council
The City Council was okay with amending the City Code to allow Grading Permits to be
approved via an Administrative Permit provided the City Engineer is one of the main staff
members reviewing, approving, and if necessary overseeing the site. Staff reported they will
discuss amending the City Code with Ordinance No. 2009-020, which is on the agenda under
Planning. In conclusion, staff stated they will continue to work with Mr. Potter regarding the
grading and landfilling on the property located off of CSAH 37.
Mayor Klecker then invited Ann Krocak to the podium to express her concerns to the Council.
Ann Krocak of 10295 Kali Avenue NE informed the City Council and staff that she has
contacted various municipal departments regarding how to get the speed limit along Kali
Avenue NE near Villas Park reduced. Krocak has talked to Wright County and the State of
Minnesota who basically both told her she would have to contact the Albertville City Offices.
Krocak has gone door-to-door obtaining signatures from neighbors who agree to reduce the
speed along Kali Avenue NE that runs from CSAH 18 (Jason Avenue NE) to Kagan/Kahl
Avenue NE.
City Administrator Kruse brought up the fact that there is information on the City's website
relating to stop signs and speed limits. Kruse commented that Wright County has conducted
speed studies in other residential areas. The outcome of the study is that the majority of
motorists are going anywhere from 28-30 MPH, which is the designated speed limit.
City Attorney Couri shared the fact that according to Mn State Statutes the recommended speed
limit for residential zoned districts is 30 MPH; therefore, not possible to set a speed limit of 25
MPH.
After the discussion, staff was directed to have a patrol officer posted to monitor the speed of
motorists along Kali Avenue NE from CSAH 18 (Jason Ave. NE) to Kagan/Kahl Ave NE. Staff
will report back to Council at a future meeting the findings and speeds of the vehicles traveling
along Kali Avenue NE within Albertville.
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Agenda Item No. 6.
Meeting Date October 19, 2009
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City of Albertville
City Council Minutes
October 5, 2009
Page 3 of 14
AMENDMENTS TO THE AGENDA
There were no amendments to the agenda; therefore, a motion was made approve the agenda as
presented.
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the
Monday, October 5, 2009 regular City Council agenda as presented, in which no items were
added or removed. Motion carried unanimously.
MINUTES
September 21, 2009 regular City Council minutes
MOTION BY Council member Sorensen, seconded by Council member Wagner to approve the
Monday, September 21, 2009 regular City Council minutes as presented, that will be printed and
signed; following signing the minutes will be scanned and the electronic scanned version will be
kept on file in the office of the City Clerk that will serve as the official copy. Motion carried
unanimously.
September 30, 2009 special City Council Workshop minutes
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
Wednesday, September 30, 2009 special City Council Workshop minutes as presented, that will
be printed and signed; following signing the minutes will be scanned and the electronic scanned
version will be kept on file in the office of the City Clerk that will serve as the official copy.
Mayor Klecker, Council members Fay and Sorensen voted aye. Council members Vetsch and
Wagner abstained from voting.
CONSENT AGENDA
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.
There are five (5) items listed on the Consent Agenda: 8.B.1. 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: 8.E.1. Authorize the Monday, October 5, 2009 Payment of Claims (bills) for check
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Agenda Item No. 6.
Meeting Date October 19, 2009
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City of Albertville
City Council Minutes
October 5, 2009
Page 4 of 14
numbers 027524 to 027563 as presented except the bills specifically pulled, which are passed by
separate motion; 8.J.1. Approve the ordinance summaries for Ordinance No. 2009-01.4
Summary and Ordinance No. 2009-015 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; 8.J.2. 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; 8.J.3.a thru c Set three Public Hearings:
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; 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, 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.
No items were pulled from the October 5, 2009 Consent Agenda:: Council made the following
motion:
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the
October 5, 2009 Consent Agenda that included the following item: 8.13.1. 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: 8.E.1. 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; 8.J. I. Approve the ordinance summaries for Ordinance
No. 2009-014 Summary and Ordinance No. 2009-015 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; 8.J.2. 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; 8.J.3.a thru c Set three
Public Hearings: 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; and, 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
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Agenda Item No. 6.
Meeting Date October 19, 2009
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City of Albertville
City Council Minutes
October 5, 2009
Page 5 of 14
filed, in which the following item was pulled for further discussion and a separate motion.
Motion carried unanimously.
DEPARTMENT BUSINESS
FIRE DEPARTMENT — no comments
PUBLIC WORKS DEPARTMENT
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
MOTION BY Council member Fay, seconded by Council member Sorensen to 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. Motion carried unanimously.
UTILITIES DEPARTMENT (WWTP) — no comments
MY Authorize the Monday, October5, 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
MOTION BY Council member Fay, seconded by Council member Sorensen to authorize the
Monday, October 5, 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. Motion
carried unanimously.
Authorize staff to Implement Monthly Utility Billing effective January 1, 2010
Finance Director Lannes went over the request for Council action that was included in the
packet, which basically stated in 2005, Albertville city staff was allowed to switch from a
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Agenda Item No. 6.
Meeting Date October 19, 2009
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City of Albertville
City Council Minutes
October 5, 2009
Page 6 of 14
quarterly billing to every other month. Since that time, there has been discussion regarding
going to a monthly billing cycle. The intention has been to move to monthly billing once radio
read installation is near completion. As of September 2009, there are approximately 316 radio
read meters left to install.
Lannes went over what the benefits were for going to monthly billing, which consisted of and
not limited do the following:
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
Council appeared to be on board with switching to a monthly billing schedule; therefore, the
following motion was made:
MOTION BY Council member Sorensen,seconded by Council member Fay to authorize staff
to Implement Monthly Utility Billing effective January 1, 2010. Motion carried unanimously.
Authorize staff to Purchase/Upgrade the Neptune. Reading Equipment and Software for Radio
Read in the amount of ,$10, 500
Finance Director Lannes began by stating in mid to late 2004 the City 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.
Lannes informed the Council that Utilities Department Superintendent Middendorf was present
to answer any questions relating to the Upgrade of the Neptune Reading Equipment.
Council wanted to know how long would the upgraded equipment last. Council was concerned
that we will upgrade and 16 months later the equipment will be outdated; therefore, the City
would need to upgrade again.
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Agenda Item No. 6.
Meeting Date October 19, 2009
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City of Albertville
City Council Minutes
October 5, 2009
Page 7 of 14
Middendorf brought up the Upgrade to the Neptune Reading Equipment will be the latest and
greatest; therefore, it is staff gut feeling it should be good for a number of years. The City
invested in a hand-held radio read unit in mid to late 2004, in which staff did not know when the
equipment initially came out yet has lasted almost five (5) years. The hand-held unit will
become obsolete sometime in 2010.
MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize
staff to Purchase/Upgrade the Neptune Reading Equipment and Software for Radio Read in the
amount of $10,500. Motion carried unanimously.
Approve the following items:
a. Approve Resolution No. 2009-034 entitled a ResolutionSetting Water Utility Rates,
increasing the rate for the water utility as follows effective January 1, 2010
a. 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
a. 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
Finance Director Lannes brought up the fact that 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.
Lannes continued by sharing that in order to help residents with the proposed increase, staff
recommends that for those who sign up for e-billing the City share the cost savings with the
resident by reducing their bill by $2.17. If the resident goes with 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 the City share the cost
savings with the resident by reducing their bill by $2.03. By using Auto Pay (ACH) from
checking or savings account the City saves $2.03 per payment. The cost savings come from the
administrative costs of processing the payment. Therefore, if a resident signs up for both e-
billing and Auto Pay (ACH) 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.
Council had questions and concerns regarding what the percentage of increase are, in which
Council directed staff to revise the Resolutions to include the percentage of increase for the
rates.
Staff will amend the Resolutions noting what the percentage of increase will be and bring them
back to the October 19, 2009 regular Council meeting or a meeting soon thereafter.
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Agenda Item No. 6.
Meeting Date October 19, 2009
City of Albertville
City Council Minutes
October 5, 2009
Page 8of14
Council made the following motions to table the Resolutions, but wanted to proceed with
implementing the cost savings reduction on e-billing and Auto Pay (ACH) via checking or
saving account.
MOTION BY Council member Fay, seconded by Council member Vetsch to table Resolution
No. 2009-034 entitled a Resolution Setting Water Utility Rates, increasing the rate for the water
utility as follows effective January 1, 2010 until the October 19, 2009 regular Council meeting,
which will allow staff time to prepare a rate increase scenario in a percentage format. Motion
carried unanimously.
MOTION BY Council member Fay, seconded by Council member Vetsch to table Resolution
No. 2009-035 entitled a Resolution Setting Sewer Utility Rates; increasing the rate for the sewer
utility as follows effective January 1, 2010 until the October 19, 2009 regular Council meeting,
which will allow staff time to prepare a rate increase scenario in a percentage format. Motion
carried unanimously.
MOTION BY Council member Fay, seconded by Council memberSorensen to 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 Auto Pay (ACH) via checking or saving account effective January
1, 2010. Motion carried unanimously.
Accept the Finance Director's Monthly Report
Finance Director Lannes asked if there were any questions or concerns regarding the financial
report.
CITY CLERK - no comments
CITY COUNCIL
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
Finance Director Lannes reported that every year 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
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Agenda Item No. 6.
Meeting Date October 19, 2009
City of Albertville
City Council Minutes
October 5, 2009
Page 9 of 14
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.
MOTION BY Council member Fay, seconded by Council member Wagner to 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 and or
Finance Director with a $1,000 deductible. Motion carried unanimously.
Oral Update on the Joint Powers Water Board meeting (if applicable)
Mayor Klecker gave an overview of the recent Joint Powers Water Board meeting, in which it
cost $21,000 to fix and or correct the issues with Well No. 9. Included with the contract there
will be a statement that this does not excuse the contractor for damages.
Oral Update on Joint City —School meeting
City Administrator Kruse noted that the Wednesday, September 30, 2009 Joint Cities and School
meeting was an informal meeting. The STMA School Board reported that there were four (4)
other schools built within Minnesota in the last year.
PLANNING
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
City Planner Brixius reported that Ms. Lindberg was present in the audience if the Council had
any questions.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-05-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date October 19, 2009
1f
City of Albertville
City Council Minutes
October 5, 2009
Page 10 of 14
Ms. Lindberg introduced herself to the Council and informed them that she has various
background knowledge and or experience. Ms. Lindberg felt that if you possess such knowledge
you should consider using the knowledge by getting involved and giving back to the community.
MOTION BY Council member Wagner, seconded by Council member Fay to approve 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.
Approve Ordinance No. 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 prohibitedtrees within the City
City Planner Brixius noted this came about with the recent incident of ash disease. Staff felt it
would be beneficial to review and prohibit such trees from being planted within the Albertville
city limits.
Staff also looked at trees that could potentially be planted within the right-of-ways or
boulevards.
Council wanted to better understand the allowable list of trees and where they could be planted,
which City Planner Brixius went over each list with the Council clarifying there are three (3)
lists that identify where various species of trees would be best planted.
MOTION BY Council member Sorensen, seconded by Council member Wagner to approve
Ordinance No. 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. Mayor Klecker,
Council members Sorensen,, Wagner, and Fay voted aye. Council member Vetsch voted nay.
Motion carried.
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
City Planner Brixius commented that 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. During the review process of amending the Landfilling
and Excavation/Grading Permits, the Planning and Zoning Commission revised the drafted
amendment and recommended language (Option B included in the packet) to include stricter
regulations in the need for a Landfilling or Excavation/Grading Permit: any deposit of fill or
land extraction/grading in any of the following manners would require a permit:
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-05-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date October 19, 2009
11
City of Albertville
City Council Minutes
October 5, 2009
Page 11 of 14
• Within a drainage or utility easement.
• Within a natural drainage way.
• Within ten feet of a property line.
• In excess of 20 cubic yards.
The Ordinance amendment was presented to the City Council, who also approved the same
guidelines as the Planning and Zoning Commission. However, after approval the wrong
Ordinance was signed and incorporated into the 2005 Albertville City Code.
After listening to Mr. Potter earlier; Council directed staff to revise the Ordinance changing the
process from receiving Council approval on a Landfilling and Excavating/Grading Permit to an
Administrative Permit that would be approved by the City Engineer and other city staff.
MOTION BY Council member Wagner, seconded by Council member Sorensen to table
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 until the October 19, 2009 regular City Council
or a meeting soon thereafter, which would allow staff time to revise the Ordinance changing the
approval from Council approval on a Grading Permit to an Administrative Permit that is
approved by staff that must include the City Engineer's involvement. Motion carried
unanimously.
ENGINEERING
Accept the City Engineer's Progress Report dated September 28, 2009
City Engineer Nafstad asked if there were any questions regarding the report.
Approve to Reduce Letter of Credit No. 805 held as security for the Niemeyer Trailer Sales
development to no less than $9990, conditioned on all outstanding balances owed to the City
being paid in full
City Engineer Nafstad-reported that 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.
Nafstad continued by stating 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.
M:\Public Data\City Council\Council Minutes\2009 Minutes\DIafts\M 10-05-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date October 19, 2009
12
City of Albertville
City Council Minutes
October 5, 2009
Page 12 of 14
Nafstad then noted that all municipal improvements and the majority of the required private street
improvements have been completed to date. 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.
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve 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.
Motion carried unanimously.
LEGAL
Approve the ordinance summaries for Ordinance No. 2009-014 Summary and Ordinance
No. 2009-015 Summaiy 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
MOTION BY Council member Fay, seconded by Council member Sorensen to 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. Motion carried
unanimously.
AW 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 ownersregarding the proposed establishment of
Trunk Sanitary Sewer and Trunk Municipal Water Districts related to the 2009 CSAH 37 Trunk
Utility Construction Project
MOTION BY Council member Fay, seconded by Council member Sorensen to 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. Motion carried unanimously.
AV Set three Public Hearings:
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
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-05-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date October 19, 2009
13
City of Albertville
City Council Minutes
October 5, 2009
Page 13 of 14
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
MOTION BY Council member Fay, seconded by Council member Sorensen to 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.
Motion carried unanimously.
MOTION BY Council member Fay, seconded by Council member Sorensen to 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. Motion carried unanimously.
MOTION BY Council member Fay; seconded by Council member Sorensen to 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. Motion carried
unanimously.
ADMINISTRATION
Albertville — St. Michael — Hanover. Library (decision to participate)
MOTION BY Council member Sorensen, seconded by Council member Wagner for Approval
of Albertville's Cost Participation to Fund Capital Construction and Operating of a joint Library
Project with the City of St. Michael, City of Hanover and City of Albertville subject to
Finalizing a Memorandum of Understanding or Contract with the City of St. Michael. Motion
carried unanimously.
ANNOUNCEMENTS and or UPCOMING MEETINGS
Mayor Klecker acknowledged the upcoming meetings and calendar of events.
October 2009
12 all. day Columbus Day observed — City Offices closed
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-05-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date October 19, 2009
14
City of Albertville
City Council Minutes
October 5, 2009
Page 14 of 14
October 2009 continued
12
6:00 p.m.
STMA Ice Arena Board meeting
1.2
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
1.1.
all day
Veterans' Dav 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
ADJOURNMENT
MOTION BY Council member Sorensen, seconded by Council member Wagner to adjourn the
Monday, October 5, 2009 regular City Council meeting at 8:30 p.m. Motion carried
unanimously.
Bridget Miller, City Clerk (recording secretary)
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-05-09 B-drafts.doe
Agenda Item No. 6.
Meeting Date October 19, 2009
15
A�Ibcrtville
&na Town urine. Big City ur..
ALBERTVILLE CITY COUNCIL
WORKSHOP MEETING
OCTOBER 5, 2009
MINUTES
ALBERTVILLE CITY HALL
ROLL CALL
E:1c12wi
PRESENT: Mayor Ron Klecker, Council members Tom Fay, Larry Sorensen, Dan Wagner and
John Vetsch
OTHERS PRESENT: City Administrator Larry Kruse, City Clerk Bridget Miller, City Attorney
Mike Couri, City Planner Alan Brixius, and City Engineer Adam Nafstad
JOINT LIBRARY PROJECT (ST. MICHAEL, HANOVER, AND ALBERTVILLE)
At the Special City Council meeting held on Wednesday, September 30, 2009 at the new STMA
High School the Council members present made a motion to delay the final decision on the cost
participation until all members of the Council were present.
City Administrator Kruse reviewed the proposed cost participation, and proposed agreement with
the Council and recommended that since the full Council is present a final decision could be made.
It was the consensus of the full Council to proceed with Albertville's support of the cost
participation towards the joint Library Project with the City of St. Michael, City of Hanover, and
the City of Albertville.
MOTION BY Council member Fay, seconded by Council member Sorenson to approve the
support of Albertville's cost participation to fund capital construction and operating of a joint
library project with the City of St. Michael, Hanover and Albertville subject to finalizing a
Memorandum of Understanding or Contract with the City of St. Michael. Motion carried
unanimously.
ADJOURNMENT
MOTION BY Council member Sorensen, seconded by Council member Wagner to adjourn the
Wednesday, September 30, 2009 Special City Council meeting at 8:47 p.m. Motion carried
unanimously.
Bridget Miller, City Clerk
MAPublic Data\City Council\Council Minutes\2009 Minutes\Joint Workshop (STMA-St Mi)\M 10-05-09 B-draft workshop.doc
17
_
Nbertville Mayor and Council Communication
end Ycuen UrNo. � t2W Ufw
October 14, 2009
Brief Description Building/Zoning Dept. August 09 Monthly Report
Recommended Action None
Background Activity report for Council review
• Construction Activity: We had 27 permits processed in August for a total value of
$351,333. Total permits year to date (YTD) is 386. The permit activity consisted mainly of
storm related re -roof, re -side, finish basements, additions, decks, and fence permits. We also
had one (1) commercial tenant finish permit at the Albertville Premium Outlet Mall for
Chico's along with several other commercial re -roof, plumbing and mechanical permits.
• Storm Damage: Storm damage repair, permit activity, and inspections continue at a slow
pace.
• Planning and Zoning: We continue working on various zoning enforcement issues in
throughout the city. The Planning and Zoning Commission is reviewing several proposed
changes to the 2005 Albertville Municipal City Code - Zoning Ordinance, which will
eventually get to the Council for consideration.
• Rental Housing, Miscellaneous Enforcement, Foreclosures: Various enforcement
activities for the month include, but are not limited to, monitoring, inspecting, and follow-up
with vacant and or foreclosed properties. Review on the draft Ordinance regarding Vacant
Dwellings continues and should be implemented soon.
• Various: We have worked on answering numerous and various zoning enforcement
activities, sign violations, exterior storage, fences, work without permits, rental licensing, and
inspections. Foreclosed properties that have sold continue to generate work with various
repairs and improvements being made.
• Fire Code Inspections with the Fire Department: I continue to assist the Fire Department
as they begin another round of Fire Inspections. The Fire /Building Code issues found at the
Country Inn & Suites are being resolved as a result of our inspections and will result in
increased safety.
Recommendation None
Submitted through:
Larry Kruse, City Administrator
Originated by:
Jon Sutherland, Building Official/Zoning Administrator
Tori Leonhardt, Certified Building Permit Tech
M:\Public Data\City Council\Council Packet information\2009\10-19-09\BO Report for AUG 2009.doc
Agenda Item No. 8.D. l..
Meeting Date October 19, 2009
August 2009 Building Department Revenue Report
Valuation Permit Fees
Sub Total 2009 $ 351,333.00 $ 7,112.64
Less SAC, WAC Storm Water, S & W & Meter $ -
Less Signs $ 455.19
AUGUST 2009 TOTAL BUILDING DEPT REVENUE 1 $6,657.45
2008 Valuation Permit Fees
Sub Totals $ 2,923,663.00 $ 56,041.04
Less SAC, WA Storm Water, S & W & Meter $ -
Less Signs $ -
AUGUST 2008 TOTAL BUILDING DEPT REVENUE
INSPECTIONS
August 97
Daily Average 6
Year To Date 1454
$ 56,041.04
19
jA\jb£rtvijj£ Mayor and Council Communication
_.,.N-r, � ft akv uf.
October 15, 2009
SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion authorize the Monday, October 19, 2009 payment of the claims that includes check
numbers 027569 to 027615 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. 027578 City of Otsego — This is to reimburse Otsego for Albertville's portion of
putting up 10 street signs
Check No. 027588 InFit Training — refund remaining security deposit for 5975 Main Ave NE,
after reducing for final water bill and key replacement.
Check No. 027589 Instrument Control Systems — SCADA System updated for the Phillip
Morris Lift Station
Check No. 027615 Zayo Enterprise Networks — Onvoy is now Zayo, phone company name
change.
PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and verified the invoices and
recommends approval of payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally
within 30 days unless one party determines disputes the billing.
Respectfully submitted,
Larry R 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 19 2009 Finance Bills Report (RCA).doe
Agenda Item No. 8. E..f..
Meeting Date October 19, 2009
A�Ibertvillf:
Smolt Town Uvinq. BIq Cites Ufa.
Check Detail Register
October 19, 2009
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027569 10/19/2009 A #1 BATTERY SOURCE
E 101-43100-215 Shop Supplies $33.44 327
Total A #1 BATTERY SOURCE $33.44
Paid Chk# 027570 10/19/2009 ALBERTVILLE PIT STOP
E 101-42000-212 Motor Fuels $17.00 887
Total ALBERTVILLE PIT STOP $17.00
Paid Chk# 027571 10/19/2009 APPOLLO SYSTEMS -COMMERCIAL D
E 101-45100-405 Repair/Maint -Buildings $20.31 95295
Total APPOLLO SYSTEMS COMMERCIAL D $20.31
Paid Chk# 027572 10/19/2009 BEAUDRY OIL COMPANY
E 101-43100-212 Motor Fuels $1,185.75 747183
Total BEAUDRY OIL COMPANY $1,185.75
Paid Chk# 027573 10/19/2009 BERRY COFFEE COMPANY
E 101-42400-200 Office Supplies (GENERAL) $30.95 823461
Total BERRY COFFEE COMPANY $30.95
Paid Chk# 027574 10/19/2009 BOLTON &MENK, INC
E 494-49000-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-43100-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 503-00000-303 Engineering Fees
E 101-41710-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 604-49660-303 Engineering Fees
E 604-49660-303 Engineering Fees
E 101-43100-303 Engineering Fees
E 101-42400-303 Engineering Fees
E 468-49000-303 Engineering Fees
E 101-41700-303 Engineering Fees
G 101-22831 Woodside - Karston Cove
E 101-41700-303 Engineering Fees
E 101-41700-303 Engineering Fees
E 101-41700-303 Engineering Fees
Total BOLTON & MENK, INC
$3,040.00 0127688
$285.00 0127688
$95.00 0127689
$742.50 0127690
$297.50 0127691
$190.00 0127692
$11,062.50 0127693
$95.00 0127694
$237.50 0127695
$95.00 0127696
$142.50 0127697
$427.50 0127698
$292.50 0127699
$1,920.00 0127702
$665.00 0127702
$1,337.50 0127702
$285.00 0127702
$1,472.50 0127702
$47.50 0127702
$22,730.00
Paid Chk# 027575 10/19/2009 BRAUN INTERTEC CORP
E 604-49660-303 Engineering Fees $77.00 312382
Total BRAUN INTERTEC CORP $77.00
Paid Chk# 027576 10/19/2009 BUREAU OF CRIMINAL APPREHENSIO
E 101-41940-361 General Liability Ins $15.00 foley
Total BUREAU OF CRIMINAL APPREHENSIO $15.00
supplies/battery
fuel FD
Pks Monthly Security Services
fuel
coffee
Assessment Litigation
Project Management
Towne Lakes 5th Addition
Park Design & Survey
Franklin Property
town homes
CSAH 37 utility extension
Niemeyer Trailer Sales
2009 Municipal Aid
Albertvilla's sidewalk
Albertvilla's landscape
2009 Seal Coat Improvements
Building permits
1-94 WB CD Road
Staff/Council Meetings
Karston Cove 3rd Addition
Pavement Management
Kalland sidewalk, trail, etc
Project Status Report
2009 albert villas improvements
Background check
M:\Public Data\City Council\Council Packet information\2009\10-19-09\10 19 2009 Finance Bills Posted Batch.doc
Agenda Item No. 8.E.1..
Meeting Date October 19, 2009
21
Mayor and Council Communication - Ocotber 15, 2009
Finance — Payment of Claims Page 2 of 5
10100 Premier Bank
Paid Chk# 027577
10/19/2009 CENTER POINT ENERGY
E 101-41940-383
Gas Utilities
E 601-49450-383
Gas Utilities
E 101-43100-383
Gas Utilities
E 101-41940-383
Gas Utilities
E 101-42000-383
Gas Utilities
E 101-41940-383
Gas Utilities
E 101-45100-383
Gas Utilities
Total CENTER POINT ENERGY
Paid Chk# 027578 10/19/2009 CITY OF OTSEGO
E 101-43100-226 Sign Repair Materials
Total CITY OF OTSEGO
Check Amt Invoice Comment
$7.93 53615035909 5975 main
$24.52 54075742909 11728 63rd st
$45.97 54214424909 11822 63rd st.
$293.16 67599639909 5959 main
$23.41 80000144255909 11350 57th
$19.99 80000144255909 5954 Main
$7.18 80000144255909 5801 Lander
$422.16
$355.96 1009 labor and material for signs
$355.96
Paid Chk# 027579 10/19/2009 D & M OIL
E 101-45100-212 Motor Fuels $98.18 9252009 Fuel
Total D.& M OIL $98.18
Paid Chk# 027580 10/19/2009 DEHN TREE COMPANY, INC
E 601-49450-210 Operating Supplies (GENERAL) $133.59 298 emerald ash bore check
Total DEHN TREE COMPANY, INC $133.59
Paid Chk# 027581 10/19/2009 DON'S AUTO & REPAIR
E 101-42000-212 Motor Fuels $15.76 57848 fuel FD
Total DON'S AUTO & REPAIR $15.76
Paid Chk# 027582 10/19/2009 EMBARQ- MO
E 101-41940-321 Telephone $17.65 1003669890909 LDST
Total EMBARQ- MO $17.65
Paid Chk# 027583 10/19/2009 EMERGENCY APPARATUS MNTC
E 101-42000-404 Repair/Maint - Machinery/Equip $253.93 44999 repair tanker
Total EMERGENCY APPARATUS MNTC $253.93
Paid Chk# 027584 10/19/2009 FASTENAL COMPANY
E 101-43100-404 Repair/Maint - Machinery/Equip $13.66 MNTC464697 (parts) 10.9HC14-2.0X120P PT
Total FASTENAL COMPANY $13.66
Paid Chk# 027585 10/19/2009 FEDERATED CO-OPS, INC.
E 101-45100-210 Operating Supplies (GENERAL) $80.55 F32621 trimec 992 2.5 GAL
Total FEDERATED CO-OPS, INC. $80.55
Paid Chk# 027586 10/19/2009 FLEXIBLE PIPE TOOL COMPANY
E 601-49450-210 Operating Supplies (GENERAL) $80.16 12820
Total FLEXIBLE PIPE TOOL COMPANY $80.16
Paid Chk# 027587 10/19/2009 GOPHER STATE ONE -CALL
E 602-49400-209 Locates $91.42 9090287
E 601-49450-209 Locates $91.43 9090287
Total GOPHER STATE ONE -CALL $182.85
Paid Chk# 027588 10/19/2009 INFIT TRAINING LLC
R 101-00000-34101 Lease Payment- City Property $2,084.33 101209
Total INFIT TRAINING LLC $2,084.33
Paid Chk# 027589 10/19/2009 INSTRUMENT CONTROL SYSTEMS
E 501-49000-300 Professional Srvs (GENERAL) $9,618.75 12700
Total INSTRUMENT CONTROL SYSTEMS $9,618.75
tigertail, premium
net billable tickets locates wtr
net billable tickets Locates swr
return remaining security deposit
Albertville Phillip Morris Lift Station
M:\Public Data\City Council\Council Packet information\2009\10-19-09\10 19 2009 Finance Bills Posted Batch.doc
Agenda Item No. O.E. I..
Meeting Date October 19, 2009
22
Mayor and Council Communication - Ocotber 15, 2009
Finance - Payment of Claims Page 3 of 5
10100 Premier Bank
Paid Chk# 027590
E 206-49400-378
E 602-49000-315
E 602-49400-376
E 602-49400-374
E 602-49400-373
E 602-49400-377
E 602-49400-371
E 602-49400-375
10/19/2009 JOINT POWERS BOARD
JP WAC
Sales Tax owed (audit)
JP Fed Wtr Test
JP Dist Pen
JP Dist II Low
JP Fed Wtr Test Pen
JPDIST COMBO
JP Access
Total JOINT POWERS BOARD
Paid Chk# 027591 10/19/2009 LANO EQUIPMENT
E 101-43100-404 Repair/Maint - Machinery/Equip
Total LANO EQUIPMENT
Paid Chk# 027592 10/19/2009 MAGIC WATER
E 101-42000-404 Repair/Maint - Machinery/Equip
Total MAGIC WATER
Paid Chk# 027593 10/19/2009 MENARDS - BUFFALO
E 101-45100-210 Operating Supplies (GENERAL)
Total MENARDS - BUFFALO
Check Amt Invoice Comment
$20,702.00
$107,100.80 1009
$1,483.65 1009
$2,199.43 1009
$1,491.00 1009
$45.69 1009
$44.00 1009
$7.00 1009
$133,073.57
$94.05 32775
$94.05
$128.57 128.57
$128.57
$28.86 47995
$28.86
Paid Chk# 027594 10/19/2009 MIDWEST LANDSCAPES
E 101-41940-530 Improvements $160.31 101641
E 101-45100-530 Improvements $422.17 101641
Total MIDWEST LANDSCAPES $582.48
WAC JP Albert & Emma's 11966 59th Place
JP DIST
fed wtr test
Fed Wtr Test Pen
JP DIST
Fed Wtr test pen
JPDIST combo
jp access
ball joint
bottled water FD
LHSP shovels W/grips
new city hall trees
parks trees
Paid Chk# 027595 10/19/2009 MINNESOTA DEPT OF LABOR & INDU
G 101-21705 Building Permit Surcharge $724.16 7489171005 3rd guarter 09 surcharge
Total MINNESOTA DEPT OF LABOR & INDU $724.16
Paid Chk# 027596 10/19/2009 MN DEPT. OF TRADE/ECON. DEV.
E 203-00000-310 Other Professional Services $594.04 101509
Total MN DEPT. OF TRADE/ECON. DEV. $594.04
Paid Chk# 027597 10/19/2009 MONTICELLO ANIMAL CONTROL
E 101-42700-309 Animal Control Contract $50.00 526
Total MONTICELLO ANIMAL CONTROL $50.00
Paid Chk# 027598
10/19/2009 N.A.C.
E 101-41910-306
Planning
Fees
$1,502.55
18825
E 101-41910-306
Planning
Fees
$485.70
18825
E 101-41910-306
Planning
Fees
$114.25
18825
E 101-41910-306
Planning
Fees
$137.35
18825
E 101-41910-306
Planning
Fees
$137.90
18825
E 101-41910-306
Planning
Fees
$142.20
18825
E 101-41910-306
Planning
Fees
$1,256.75
18825
E 101-41915-306
Planning
Fees
$736.70
18826
E 101-41910-306
Planning
Fees
$750.00
18827
Total N. A. C.
$5,263.40
Paid Chk# 027599 10/19/2009 NAGELL APPRAISAL & CONSULTING
E 494-49000-300 Professional Srvs (GENERAL) $700.00 16035
Total NAGELL APPRAISAL & CONSULTING $700.00
Paid Chk# 027600 10/19/2009 NAPA AUTO PARTS
E 101-43100-404 Repair/Maint - Machinery/Equip $12.02 526086
Total NAPA AUTO PARTS $12.02
fraser loan
cat, lannon ave, lab mix 51 st street
billboards, agendas, packets, 19, TL5, etc
Review Setbacks
roof signs
landfilling grading ordinances
prohibited tree list
billboard location study
NW land study
marketplace
Attended Meetings
CSAH 19 Trial & prep
parts
M:\Public Data\City Council\Council Packet information\2009\10-19-09\10 19 2009 Finance Bills Posted Batch.doc
Agenda Item No. 8. E.1, .
Meeting Date October 19, 2009
23
Mayor and Council Communication - Ocotber 15, 2009
Finance -Payment of Claims Page 4 of 5
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027601 10/19/2009 NORTH AMERICAN CLEANING CORP
E 101-42000-405 Repair/Maint -Buildings $138.45 130.00 fire department
E 101-41940-405 Repair/Maint - Buildings $419.61 394.00 city hall
Total NORTH AMERICAN CLEANING CORP $558.06
Paid Chk# 027602 10/19/2009 NORTHERN TOOL & EQUIPMENT
E 601-49450-210 Operating Supplies (GENERAL) $55.75 0193017372 parts, supplies
Total NORTHERN TOOL & EQUIPMENT $55.75
Paid Chk# 027603 10/19/2009 NORTHLAND CHEMICAL CORP.
E 101-43100-404 Repair/Maint - Machinery/Equip $216.46 5026562
Total NORTHLAND CHEMICAL CORP. $216.46
Paid Chk# 027604 10/19/2009 OMANN BROTHERS
E 501-49000-300 Professional Srvs (GENERAL) $4,000.00 21332
Total OMANN BROTHERS $4,000.00
Muscle Foaming Degreaser, sani flush natural antiseptic
lotion soap
lift station driveway installed
Paid Chk# 027605 10/19/2009 S & T OFFICE PRODUCTS
E 101-42400-200 Office Supplies (GENERAL) $91.92 01NP1141 OFFICE PRODUCTS
E 101-42400-200 Office Supplies (GENERAL) $13.19 01NP1689 INKCART,CX4400,CX7400,BK
E 101-42400-200 Office Supplies (GENERAL) $25.62 01NP2191 sanitizer,hand,gel
Total S & T OFFICE PRODUCTS $130.73
Paid Chk# 027606 10/19/2009 SHERWIN-WILLIAMS CO
E 101-45100-210 Operating Supplies (GENERAL) $162.87 3473-9 FD WH WB BEST ROLLER COVERS
E 101-45100-210 Operating Supplies (GENERAL) $152.51 3490-3 FB WH WB
E 101-45100-210 Operating Supplies (GENERAL) $152.51 3500-9 FD WH WB
Total SHERWIN-WILLIAMS CO $467.89
Paid Chk# 027607 10/19/2009 SIEMENS WATER TECHNOLOGIES COR
E 601-49450-404 Repair/Maint - Machinery/Equip $114.36 9000010664 wiper -skimmers
Total SIEMENS WATER TECHNOLOGIES COR $114.36
Paid Chk# 027608 10/19/2009 STORM FENCE REPAIR & MORE
E 102-49440-300 Professional Srvs (GENERAL) $150.00 1014
Total STORM FENCE REPAIR & MORE $150.00
Paid Chk# 027609 10/19/2009 SUN PRESS & NEWSPAPERS
E 101-41100-351
Legal Notices Publishing
$56.58 939805
E 101-41100-351
Legal Notices Publishing
$71.34 939806
E 101-41100-351
Legal Notices Publishing
$54.12 939808
E 101-41100-351
Legal Notices Publishing
$54.12 939809
E 101-41100-351
Legal Notices Publishing
$68.88 939810
E 101-41100-351
Legal Notices Publishing
$66.42 939813
E 101-41100-351
Legal Notices Publishing
$167.28 945461
E 101-41100-351
Legal Notices Publishing
$157.44 945463
Total SUN PRESS & NEWSPAPERS
$696.18
Paid Chk# 027610 10/19/2009 USA BLUE BOOK
E 602-49400-210 Operating Supplies (GENERAL) $244.45 906548
Total USA BLUE BOOK $244.45
Paid Chk# 027611 10/19/2009 WRIGHT COUNTY HIGHWAY DEPT.
E 503-00000-300 Professional Srvs (GENERAL) $100.00 5894
Total WRIGHT COUNTY HIGHWAY DEPT. $100.00
4 seasons parks tennis court fence re -install
encroach standards
Ph front setbacks
ph land excavation
ph land filling
ph prohib tree list
ph townhome redevelop
wright henn franchise
xcel franchise
WDEX free gloves
utility permit
Paid Chk# 027612 10/19/2009 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $40,880.00 Patrol-09-10 Sheriff Patrol For The Month of October
Total WRIGHT CTY SHERIFFS PATROL $40,880.00
M:\PublicData\City Council\Council Packet information\2009\10-19-09\10 19 2009 Finance Bills Posted Batch.doc
Agenda Item No. 8.E.I .
Meeting Date October 19, 2009
24
Mayor and Council Communication — Ocotber 15, 2009
Finance - Payment of Claims Page 5 of 5
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027613 10/19/2009 WRIGHT RECYCLING
E 101-43200-308 Recycling Contract Fee $4,500.00 Sept 09 Service
Total WRIGHT RECYCLING $4,500.00
Paid Chk# 027614
10/19/2009 XCEL ENERGY
E 101-43160-381
Electric Utilities
$36.70 5141659807909
5700 labeaux ave ne unit signal
E 101-43160-381
Electric Utilities
$24.94 5145796403909
11830 51 st St
E 101-43160-381
Electric Utilities
$28.95 5146897850909
11750 county road 37 unit signal
E 101-43160-381
Electric Utilities
$23.33 5151123630909
5998 LABEAUX Ave NE
E 601-49450-381
Electric Utilities
$54.44 5154543269909
5900 county road 18 unit 18 unit sewer
E 101-43160-381
Electric Utilities
$3.58 5155564108909
5799 Lander
E 101-43160-381
Electric Utilities
$4.37 5164439116909
10820 kantar CT NE
E 101-43160-381
Electric Utilities
$5,209.47 5169010380909
Street Lighting - 58-59-60 St.
E 101-41940-381
Electric Utilities
$1,592.89 5180156992909
street lights
E 601-49450-381
Electric Utilities
$23.45 5188259947909
lift station 5900 lyman Ave. NE
Total XCEL ENERGY
$7,002.12
Paid Chk# 027615
10/19/2009 ZAYO
E 101-42000-321
Telephone
$85.75 0057861009 7%
phone/data network
E 101-43100-321
Telephone
$85.75 0057861009 7%
phone/data network
E 101-42400-321
Telephone
$245.01 0057861009 20% phone/data network
E 101-41940-321
Telephone
$735.04 0057861009 60% phone/data network
E 601-49450-321
Telephone
$36.75 0057861009 3%
phone/data network
E 602-49400-321
Telephone
$36.75 0057861009 3%
phone/data network
Total ZAYO
$1,225.05
10100 Premier Bank
$239,059.18
Fund Summary
10100
Premier Bank
101 GENERAL FUND
$73,498.75
102 CAPITAL OUTLAY RESERVE
$150.00
203 REVOLVING LOAN
$594.04
206 WAC FUND
$20,702.00
468 CSAH 19 RAMPS/I 94 Project
$1,920.00
494 CSAH 19 & 50th
St. (South 19)
$3,740.00
501 Phil Morris Lift Station
$13,618,75
503 CSAH 37 Utilities
$11,162.50
601 SEWER FUND
$614.45
602 WATER FUND
$112,744.19
604 STORM WATER
$314.50
$239,059.18
M:\Public Data\City Council\Council Packet information\2009\10-19-09\10 19 2009 Finance Bills Posted Batch.doc
Agenda Item No. S.E.I.
Meeting Date October 19, 2009
25
A\1bertvij,e Mayor and Council Communication
5-ma l- uww. et9 raw ur..
October 13, 2009
SUBJECT: 0 CITY CLERK —NEW LIQUOR LICENSE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider making
the following motion(s):
Motion approve the New Application for a 2009-2010 Off -Sale Intoxicating Liquor License for the
term beginning November 1, 2009 to April 15, 2010 to Harry and David for Harry and David
contingent upon passing the Bureau of Criminal Apprehension (BCA) Background Check and
approval from the Minnesota Department of Alcohol and Gambling.
BACKGROUND: Mr. William H. Williams, Edward Dunlap, and Joseph Foley have submitted a
New application for an Off -Sale Intoxicating Liquor License for the address of 6415 LaBeaux
Avenue NE, A235 within the Albertville city limits.
KEY ISSUES:
• Approve the new Liquor License Application as submitted to the City Clerk provided the
establishments will abide by the rules and restrictions set by the City, County, and State;
contingent that the Background Check report from the BCA is positive.
• It has been brought to Harry and David's attention that they are not allowed to sell any
alcoholic products on Sundays. Other businesses that have an Off -Sale Intoxicating Liquor
License are closed on Sundays; however, Harry and David is open to sell other products
within the store.
POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council's policy to
review and approve liquor license applications to sell liquor at various business establishments
within the Albertville city limits.
FINANCIAL CONSIDERATIONS: The City collects a Liquor License fee that varies depending
upon the type of license being applied for (ie.: On -Sale Intoxicating $3,300; Special Sunday $220;
Off -Sale Intoxicating $150). The City will collect a pro -rated fee from the new Liquor License
applicant and refund the same amount to the current Liquor License holder; therefore, no additional
revenue will be received.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review, approve
or deny; then direct staff to take action regarding any or all liquor license applications received by
the City of Albertville.
Respectfully submitted,
Larryy Rse
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: none
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 Clerk Harry and David Liq Lic New RCA. doc
Agenda Item No. 8. F. l .
Meeting Date October 5, 2009
�1b£rtV1j1£ Mayor and Council Communication
sir r«�, waro. ero rms ur..
October 14, 2009
SUBJECT: 0 CITY CLERK — ALBERTVILLE LIONS 2ND ONE -DAY TEMPORARY
INTOXICATING LIQUOR LICENSES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion approve a 1-Day Temporary Intoxicating Liquor License application submitted by the
Albertville Lions for an event that will be held at the St. Albert Parish Center on Saturday,
October 24, 2009 from 5:00 p.m. to 10:00 p.m.
Motion approve a One -Day 3.2 Malt Liquor License application submitted by the Albertville
Lions for an event that will be held at the St. Albert Parish Center on Saturday, October 24, 2009
from 5:00 p.m. to 10:00 p.m.
BACKGROUND: Throughout the year the Albertville Lions host various events within
Albertville, which they would like the ability to serve and sell alcohol. The last time the Lions
applied was in August 2009 for the annual Fire Department Retirement Dinner.
The Albertville Lions are submitting two liquor license applications, in which they will only use
one. The preferred license is the 1-Day Intoxicating License that requires Mn State Alcohol
Dept. approval. Since it is such a short turn around the Albertville Lions wanted to make sure
they would be able to at least serve 3.2 Malt Liquor at their event.
KEY ISSUES:
• The Albertville Lions organization have previously submitted and been approved for five (5)
3.2% Malt Liquor Licenses in the 2009 calendar year.
• The Albertville Lions organization received Council and Mn State Alcohol approval for a 1-
Day Temporary Intoxicating Liquor License for the Annual Fire Dept. Retirement party.
• Along with City Council approval; the application must be submitted to the State of
Minnesota Alcohol and Gambling Department for approval.
• The Albertville Lions have submitted a copy of the Certificate of Insurance for Dram Shop to
the City Clerk.
POLICY CONSIDERATIONS: The Mayor and City Council review applications for
Gambling Permits and Liquor Licenses within the Albertville city limits.
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 City Clerk -Albertville Lions Temp Intoxicating Liq Lic (2nd).doc
Agenda Item No. 8..F.2.
Meeting Date October 19, 2009
Mayor and Council Communication —October 14, 2009
City Clerk — Albertville Lions Liquor Licenses Page 2 of 2
FINANCIAL CONSIDERATIONS: The City fee charged for a 1-4 Day Temporary
Intoxicating Liquor License is $220 per day, which has been collected from the applicant for the
1-4 Day Temporary Intoxicating Liquor License. The fee for a One -Day 3.2 Malt Liquor
License is $10 per day.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
direct staff to take action regarding all gambling permit and liquor license applications received
by the City of Albertville.
Respectfully submitted,
Larry R. Lse
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: none
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 City Clerk -Albertville Lions Temp Intoxicating Liq Lic (2nd).doc
Agenda Item No. 8. F.2.
Meeting Date October 19, 2009
Nlbertvillc Mayor and Council Communication
senor 7— u.4w sec ob, Ur..
October 6, 2009
SUBJECT: 0 ENGINEERING - TOWNE LAKES 5TH ADDITION LETTER OF CREDIT (LOC)
RELEASE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider release
of the letter of credit held for the Towne Lakes 5th Addition.
Motion to release the letter of credit held for the Towne Lakes 5th Addition, with the following
conditions:
Development is current with all fees and obligations owed to the City.
All remaining silt fence is removed from site.
BACKGROUND: Dave Hempel, formerly of CPDC and currently representing Scherer Bros.
Lumber Co., has requested a full release of the letter of credit held as warranty security for the
Towne Lakes 5th Addition. This letter of credit is secured by Scherer Bros. Lumber Co. and is
currently in the amount of $25,000.
To date, with the exception of miscellaneous silt fence removal, all improvement requirements and
warranty repairs have been completed. It is our understanding, that Mr. Hemple intends to have the
silt fence removal completed by October 19.
Based on the work completed, it is recommended that Letter of Credit 4060913 be released in full
with the following conditions:
Complete removal of all silt -fence remaining on the 5th Addition.
The Development is current with all fees owed to the City, including those costs incurred by
the City to complete certain punchlist related items, as the requested by Mr. Hemple.
Staff is working with the County and other wetland regulating agencies to complete all wetland
reporting and closeout activities associated with the six (6) Towne Lakes residential additions and
two (2) retail additions. This work is not believed to be specific to the 5th Addition alone.
POLICY CONSIDERATIONS: The two-year warranty period has expired and the Developer has
addressed all warranty repair requirements. This release is consistent with the agreement between
the City and Developer. Upon release of the LOC, the City will be responsible for all municipal
improvements dedicated as part of the subdivision.
FINANCIAL CONSIDERATIONS: There are no financial implications for this request.
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 Engineering TL5 RCA (LOC Release).doc
Agenda Item No. 8.1. 1..
Meeting Date October 19, 2009
Mayor and Council Communication — October 6, 2009
Engineering - Towne Lakes 5th Addition
Page 2 of 2
LEGAL CONSIDERATIONS: The City has the legal authority under the Development
Agreement to reduce or release the letter of credit upon completion of the required improvements.
The City also has legal authority under the Development Agreement to deny requests for release or
reduction if the required improvements are found unacceptable.
Respectfully submitted,
Larry R. Kruse
City Administrator
Department/Responsible Person: Finance & Engineering/Tina Lannes, Finance Director & Adam
Nafstad, City Engineer
Attachments: Bolton & Menk, Inc.'s Recommendation
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 Engineering TL5 RCA (LOC Release).doc
Agenda Item No. 8.1.1..
Meeting Date October 19, 2009
• EBC3 L -r(Z>N 8-L M E= N P
Consulting Engineers & Surveyors
7533 Sunwood Drive NW • Ramsey, MN 55303
Phone (763) 433-2851 • Fax (763) 427-0833
www.bolton-menk.com
October 5, 2009
Mr. Larry Kruse, City Administrator
City of Albertville
5959 Main Avenue NE, P. O. Box 9
Albertville, MN 55301
RE: Towne Lakes 5th Addition - Letter of Credit Reduction
BMI Project No.: T15.21677
Honorable Mayor and City Council:
I NG®
Dave Hempel, formerly of CPDC and currently representing Scherer Bros. Lumber Co., has requested a
full release of the letter of credit held as warranty security for the Towne Lakes 5th Addition. This letter
of credit is secured by Scherer Bros. Lumber Co. and is currently in the amount of $25,000.
To date, with the exception of miscellaneous silt fence removal, all improvement requirements and
warranty repairs have been completed. It is our understanding, that Mr. Hemple intends to have the silt
fence removal completed by October 19.
Based on the work completed, it is recommended that Letter of Credit #060913 be released in full with
the following conditions:
Complete removal of all silt -fence remaining on the 5th Addition.
The Development is current with all fees owed to the City, including those costs incurred by the
City to complete certain punchlist related items, as the requested by Mr. Hemple.
For your information, staff is working with the County and other wetland regulating agencies to complete
all wetland reporting and closeout activities associated with the six (6) Towne Lakes residential additions
and two (2) retail additions. This work is not believed to be specific to the 5th Addition alone.
Please let me know if you have any questions or would like additional information.
Sincerely,
BOLTON & MENK, INC.
Adam Nafstad, P. E.
City Engineer
Cc: Tina Lannes - Albertville Finance Director
Bridget Miller — Albertville City Clerk
Peter Scherer — Scherer Bros. via email
Dave Hempel — CPDC/Consultant via email
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer
32
A,l%£rtvi ne Mayor and Council Communication
October 15, 2009
SUBJECT: ENGINEERING - TOWNE LAKES TRUNK WATERMAIN EXTENSION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider
approval the following motions:
Motion adopt Resolution No. 2009-036 entitled Resolution Ordering Improvement, Approving
Plans and Specifications and Accepting Bid for The Towne Lakes Watermain Extension Project.
BACKGROUND: The development agreement for the Towne Lakes 6th Addition requires the
extension of trunk water to the easterly plat boundary. This extension is necessary to loop the
Hunter's Pass Additions into the municipal water system and provide an alternate feed to assure
continuous flows.
M&I Bank, the current owner of the Towne Lakes 61h Addition, has petitioned the City to
complete the improvement and has agreed to reimburse the City for all costs related to the
proj ect.
To date, plans and specifications for the improvement have been prepared and quotes to
complete the work have been requested. Quotes received will be presented to the City Council at
the October 19 meeting.
KEY ISSUES:
• Improvement is a requirement of the Towne Lakes 6th development contracts.
• M&I Bank have agreed to reimburse the City 100% of the costs related to the project.
• A letter of credit will be posted as security for M&I's reimbursement obligations.
• The improvements are consistent with the requirements of the development.
• Bids will presented to the Council for review.
FINANCIAL CONSIDERATIONS: M&I Bank will be responsible for all project costs.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to make local
improvements and assess or charge benefiting properties the cost of the improvements.
Respectfully submitted,
Larry R.,-Se
City Administrator
Department/Responsible Person: Engineering / City Engineer Adam Nafstad
Attachments: Agreement to Pay Costs of Water line Installation; Authorization to Draw on
Letter of Credit; and Resolution No. 2009-036
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 Engineering TL Watermain Extension Award RCA.doc
Agenda Item No. O.T.L.
Meeting Date October 19, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-036
RESOLUTION ORDERING IMPROVEMENT;
APPROVING PLANS AND SPECIFICATIONS;
AND ACCEPTING BID FOR THE
TOWNE LAKES WATERMAIN EXTENSION PROJECT
WHEREAS, the Albertville City Council has received a petition from the owner of the
Towne Lakes 6th Addition (M&I), requesting the extension of municipal trunk watermain through
the Towne Lakes 6th Addition; and
WHEREAS, the proposed watermain improvements are consistent with and required by
the Planned Unit Development Agreement; previously approved for the Towne Lakes 6th Addition;
and
WHEREAS, M&I has agreed to reimburse the City for all cost related to the design and
quoting of the proposed work; and
WHEREAS, the City Engineer has prepared plans and specifications for such project and
said plans and specifications have been presented to the City Council; and
WHEREAS, pursuant to a request for proposals for the proposed work, quotes were
received and reviewed; and
WHEREAS, it appears that
responsible bidder for the proposed improvements.
of , Minnesota is the lowest
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such improvement is hereby approved and ordered.
2. The plans and specifications prepared by the City Engineer are hereby approved.
3. The bid of s said "Low Bidder" in the amount of $ for the
construction of the proposed improvements, in accordance with the plans and
specifications, is the lowest bid.
1
36
4. Said bid of said Low Bidder is accepted, contingent upon the following events:
a. Execution of the attached Agreement to Pay Costs of Water Line
Installation by M&I.
b. Execution of Authorization to Draw on Letter of Credit by Alliance Bank.
5. Upon completion of the contingencies set forth above, the City Administrator and City
Clerk are hereby authorized and directed to enter into a contract with said "Low Bidder"
for the construction of said improvements for and on behalf of the City of Albertville.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 19th DAY
OF October, 2009.
Ron Klecker, Mayor
ATTEST:
Bridget Miller, City Clerk
37
CITY OF ALBERTVILLE
AGREEMENT TO PAY COSTS OF WATER LINE INSTALLATION
THIS AGREEMENT RELATING TO COST OF A WATERLINE
INSTALLATION (hereinafter the "Agreement") made as of the day of
, 2009, by and between the City of Albertville ("City") and M&I
Marshall & Ilsley Bank ("M&I").
WHEREAS, M&I and the City have entered into an agreement titled "Agreement
Relating To Cost Of Utility Installation" dated October 14, 2009 (the "Agreement"); and
WHEREAS, the City has received quotes for the installation of the watermain
that is the subject of the Agreement; and
WHEREAS, the City is prepared to award a contract for the installation of said
watermain upon the execution of this Agreement to Pay Costs of Water Line Installation;
NOW, THEREFORE, the City and M&I agree as follows:
1. M&I has received and reviewed the plans and specification for said watermain
and hereby approves such documents.
2. M&I has reviewed the quotes received by the City for the installation of said
watermain and concurs that the quote of ("Low
Bidder") is the low quote and is hereby approved by M&I.
M&I requests that the City award the watermain installation contract to the Low
Bidder.
4. M&I agrees to pay all costs of such installation, including construction,
engineering, staking, administration, and legal costs. M&I directs the City to
draw on the letter of credit issued by Alliance Bank for the Towne Lakes 6th
development, said letter of credit being Letter of Credit No. 6512-117 dated
December 20, 2005 and most recently renewed via letter dated December 18,
2008 ("Letter of Credit"), and M&I shall provide the City with an acceptable
consent from Alliance Bank which will permit the City to draw on the Letter of
Credit. Such authorization to draw on the letter of credit shall not be deemed a
default under this Agreement or the Developer's Agreement.
5. The City shall not enter into a contract for the installation of said watermain with
the Low Bidder until M&I provides the City with an acceptable consent to draw
on the Letter of Credit signed by Alliance Bank.
6. Upon awarding of the contract to the Low Bidder, the cost of the Feasibility
Study, along with all necessary engineering and legal work, including the cost of
drafting the Agreement, shall become project expenses which the City shall be
entitled to be reimbursed for from the Letter of Credit.
7. In the event the City is unable to be reimbursed from the Letter of Credit, the City
may special assess all such costs incurred in connection with the completion of
the watermain installation to the Property which is the subject of the Agreement,
including costs incurred in imposing the special assessment.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first written above.
CITY OF ALBERTVILLE
Ron Klecker, Mayor
Bridget Miller, Clerk
M&I MARSHALL & ILSLEY BANK
By:_
Name:
Title:
Attest:
Name:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2009, by Ron Klecker as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2009, by Bridget Miller, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council
Notary Public
STATE OF WISCONSIN )
) ss.
COUNTY OF MILWAUKEE )
The foregoing instrument was acknowledged before me this
2009, by
as
respectively, of M&I Marshall & Ilsley Bank.
Notary Public
DRAFTED BY:
Couri, MacArthur & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
day of
and
and
.r
AUTHORIZATION TO DRAW ON LETTER OF CREDIT
WHEREAS, the City of Albertville ("City") and M&I Marshall & Ilsley Bank
("M&I") have entered into an Agreement To Pay Costs Of Water Line Installation
("Agreement"), under which the City is to install a waterline on property owned by M&I;
and
WHEREAS, the obligation to install such waterline arose under the Developer's
Agreement for the Towne Lakes 6tb Addition, and the letter of credit issued by Alliance
Bank ("Alliance") for the Towne Lakes 6th development, titled Letter of Credit No. 6512-
117 dated December 20, 2005 and most recently renewed via letter dated December 18,
2008 ("Letter of Credit"), which provides the financial surety for the installation of said
watermain, among other developer obligations; and
WHEREAS, the City and M&I intend for the City to be reimbursed for the costs
of the installation of said watermain via one or more draws on the Letter of Credit; and
WHEREAS, the City is prepared to enter into a contract for the installation of
said watermain, but only if Alliance consents to the City reimbursing itself for the costs
of the installation of said watermain via one or more draws on the Letter of Credit; and
WHEREAS, Alliance Bank understands that the City will be relying upon
Alliance's consent to draw on said Letter of Credit as authorized by this document in
awarding the contract for the installation of said watermain
NOW, THEREFORE, Alliance Bank hereby authorizes the City to draw on the
Letter of Credit for purposes of reimbursing itself for the costs of installing said
watermain pursuant to the Agreement between the City and M&I. Alliance shall not
withdraw such consent prior to the City having been fully reimbursed for all costs of the
installation of said waterman.
ALLIANCE BANK
By:
Name:
Title:
Attest:
Name:
Title:
41
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2009, by
as
respectively, of Alliance Bank.
Notary Public
day of
and
and
W
Albertville Mayor and Council Communication
September 30, 2009
SUBJECT: LEGAL —ESTABLISHMENT OF CSAH 37 TRUNK UTILITIES DISTRICT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion: approve Ordinance No. 2009-022 entitled an Ordinance Establishing a Sewer Trunk
District for Selected Properties Abutting CSAH 37 (known as Niemeyer Trailer Sales)
AND
Motion: approve Ordinance No. 2009-023 entitled an Ordinance Establishing a Water Trunk
District for Selected Properties Abutting CSAH 37 (known as Niemeyer Trailer Sales)
BACKGROUND: Construction is nearly complete on the CSAH 37 sewer and water utilities
project which brought sewer service to the Niemeyer plat and adjoining properties. The City
Council had previously determined that it wanted to establish a trunk charge system to pay for
the costs of this project. The attached ordinances will recover 100% of the cost of the utility
project upon full development of all parcels lying within these trunk districts.
Because the Niemeyer property will be specially assessed for sewer and water trunk charges,
these ordinances will mainly apply to the Miller property to the west of Niemeyer and the
property to the east of Niemeyer. It should be noted that the property to the east of Niemeyer
currently has water service. As a result, this property has been excluded from the water district,
but is included in the sewer district as it did not have sewer service available to it prior to this
project.
KEY ISSUES:
• 100% of the cost of the sewer and water trunk lines will be charged back to the property
owners under these districts.
0 Trunk charges become due when the property is final platted or when a building permit is
issued which requires a sewer or water connection.
• The Niemeyer property will be special assessed for its share of trunk charges.
• The Niemeyer property will also be special assessed initially for all of the costs of
installing sewer and water in Karston Avenue. The supplemental connection charges will
apply to the Miller property in the event the Miller property connects to the sewer or
water lines installed in Karston Avenue. If the Miller property connects to these lines, it
will then have to pay the supplemental connection charge, which equals half of the cost
of the installation of the sewer and water utilities in Karston Avenue. Because the City
will have already special assessed Niemeyer for all of the Karston Avenue utility costs,
the City will rebate to Niemeyer one-half of the cost of installing sewer and water in
Karston Avenue, provided it collects that amount from the Miller property.
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 Legal CSAH 37 Trunk Dist --adopt ords RCA.doc
Agenda Item No. Q. J ..I. .
Meeting Date October 19, 2009
Mayor and Council Communication — September 30, 2009
Legal — CSAH 37 SAC and WAC District Page 2 of 2
• Interest runs on the trunk charges at 6.2% per year from the date of adoption of the
ordinances.
• The properties in these trunk districts will pay the cost of these trunk districts and will not
pay the normal trunk charges that all other properties in the City are required to pay.
POLICY CONSIDERATIONS: City policy has been to recover 100% of the costs of utility
installation from the benefitting properties or from the users. These ordinances continue that
policy. By requiring the properties to pay trunk charges when they develop or connect, the City
is not forcing properties to develop simply to pay utility costs. The down -side of this policy is
that the City may have to wait many, many years to fully collect all of the costs of installing
these utilities.
FINANCIAL CONSIDERATIONS: The City will likely bond for this project. While the
special assessments from the Niemeyer property will pay a significant portion of these debt
service costs as payments come due, the City will have to carry the remaining properties' share
of special assessments until they develop or connect, thus triggering a payment under these
ordinances. The interest incurred on the trunk charges should cover the interest on the bond that
the City will pay. However, depending upon when the properties develop, the City may have to
contribute some money from the main trunk fund if the trunk money comes in too soon, or if the
trunk money comes in too late.
LEGAL CONSIDERATIONS: The costs imposed by the City must be reasonably related to
the costs incurred by the City. This requirement is met in this case as all trunk costs are based on
actual dollars spent by the City.
Respectfully submitted,
Larry Rse
City Administrator
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: Ordinance No. 2009-022 and Ordinance No. 2009-023
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 Legal CSAH 37 Trunk Dist --adopt ords RCA.doc
Agenda Item No. 8. J .1.
Meeting Date October 19, 2009
0
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.2009-022
AN ORDINANCE ESTABLISHING A
SEWER TRUNK DISTRICT FOR SELECTED
PROPERTIES ABUTTING CSAH 37
The City Council of the City of Albertville, Minnesota hereby ordains:
1. Section 9-1-2-4 of the Albertville City Code is hereby amended to read as follows:
9-1-2-4: SEWER TRUNK DISTRICT
A. Definitions: For the purpose of this section, the following words and terms
shall have the meanings set forth in this subsection.
CITY: The City of Albertville, Wright County, Minnesota
MUNICIPAL SANITARY SEWER CONNECTION: The act of connecting
any property or structure to the city sanitary sewer system such that said
property or structure is able to discharge fluids into the city sanitary sewer
system.
MUNICIPAL SANITARY SEWER DISTRICT: A geographical division of
property within the city providing the basis for the sanitary sewer trunk access
charge.
MUNICIPAL SANITARY SEWER SYSTEM: Any part of the network of
sanitary sewer connections and pipes including the sanitary sewer treatment
plant located within the City of Albertville, or any lines outside of the City of
Albertville, but which connect to and are serviced by the Albertville sanitary
sewer treatment plant.
MUNICIPAL SANITARY SEWER TRUNK ACCESS CHARGE: A charge
imposed by the city for connection to the city trunk sewer line within a given
sanitary sewer district.
OWNER: An individual or entity holding legal or equitable title to property
within the City of Albertville.
B. Municipal Sewer Trunk District: The city hereby establishes a sanitary sewer
trunk district over all property within the borders identified in Exhibit A.
W.
C. Access Charge Imposed; Exemptions: Municipal sanitary sewer trunk access
charges shall be imposed on all land within this sanitary sewer district so as to
reimburse the costs associated with the installation of trunk lines, lift stations,
and other necessary sewer collection facilities. The city council may, by
resolution, exempt from the municipal sanitary sewer trunk access charge
those lands within the municipal sanitary sewer district which are already
connected to the city municipal sanitary sewer or which have been previously
assessed for the costs of installation of sanitary sewer trunk facilities. No
connection shall be made to the city sanitary sewer system serving the
property of any person or occupants of the land, parcel or premises upon
which municipal sanitary sewer trunk access charges remain unpaid.
D. Amount of Charge: The municipal sewer trunk access charge shall be as
follows:
$16,920.00 per acre for all property (but excluding delineated
wetlands) located within the Municipal Sanitary Sewer Trunk District
which is platted or connected to the City's Sanitary Sewer system, plus
interest at a rate of 6.2% per annum from the date of adoption of this
ordinance; and
2. $11,266.65 for any property, regardless of acreage, that connects to the
municipal sanitary sewer system in the area that is shown as the
"Supplemental Connection Charge Required" area on the attached
Exhibit B.
3. No Sanitary Sewer Trunk District charges set out in section 9-1-2-2
shall apply to property located within the Municipal Sewer Trunk
District defined in section 9-1-2-4.13 above.
The City Council may amend this charge from time to time.
E. Time of Payment:
1. All trunk access charges shall be paid to the city at the earlier of:
a. Final plat approval for any plat in which a new sanitary sewer
connection is required in such plat which is located within the
Municipal Sanitary Sewer District.
b. Issuance of a building permit by the city for which a new
sanitary sewer connection is required within the Municipal
Sanitary Sewer District.
2. No final plat approval or building permits shall be issued prior to
payment of the trunk access charges unless other arrangements for the
47
payment of the sanitary sewer trunk access charge are made and
approved by the city.
3. Payment shall be in cash or by check acceptable to the city.
F. Use of Charges: The city may establish one or more trunk sewer funds and
may credit all trunk access charges collected from this Municipal Sanitary
Sewer District to such funds. Such funds may, as determined by council
resolution, be used to offset costs incurred in the installation of existing or
future sewer lines, or any debt service incurred in the past or to be incurred in
the future to finance the sanitary sewer expansions, improvements, or any
combination of the above within the district.
G. Provisions Not Limiting: This section in no way precludes the city council
from adopting additional ordinances imposing other sewer related charges in
lieu of assessments, or other such ordinances relating to area or service
charges with regard to the city sanitary sewer system, nor does this section
preclude the city from assessing to property owners the costs related to the
installation of sewer lines, trunk mains, or other sewer related facilities
installed by the city.
Passed by the council this day of , 2009.
Ron Klecker, Mayor
ATTEST:
Bridget Miller, City Clerk
we
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2009-023
AN ORDINANCE ESTABLISHING A
WATER TRUNK DISTRICT FOR SELECTED
PROPERTIES ABUTTING CSAH 37
The City Council of the City of Albertville, Minnesota hereby ordains:
1. Section 9-1-2-3 of the Albertville City Code is hereby amended to read as follows:
9-1-2-3: WATER TRUNK DISTRICT
A. Definitions: For the purpose of this section, the following words and terms
shall have the meanings set forth in this subsection.
CITY: The City of Albertville, Wright County, Minnesota
MUNICIPAL WATER CONNECTION: The act of connecting any property
or structure to city municipal water system such that said property or structure
is able to draw water from the municipal water system.
MUNICIPAL WATER DISTRICT: A geographical division of property
within the city providing the basis for the municipal water trunk access
charge.
MUNICIPAL WATER SYSTEM: Any part of the network of municipal water
connections and pipes located within the City of Albertville, including water
trunk lines and lateral water lines.
MUNICIPAL WATER TRUNK ACCESS CHARGE: A charge imposed by
the city for connection to the city's trunk water line within a given municipal
water district.
OWNER: An individual or entity holding legal or equitable title to property
within the City of Albertville.
B. Municipal Water Trunk District: The city hereby establishes a water trunk
district over all property within the borders identified on Exhibit A attached
hereto.
50
C. Access Charge Imposed; Exemptions: Municipal water trunk access charges
shall be imposed on all land within this water district so as to reimburse the
costs associated with the installation of water trunk lines, water mains, and
other necessary water distribution facilities. The city council may, by
resolution, exempt from the municipal water trunk access charge those lands
within the municipal water district which are already connected to the city
municipal water or which have been previously assessed for the costs of
installation of municipal water trunk facilities. No connection shall be made
to the city municipal water system serving the property of any person or
occupants of the land, parcel or premises upon which municipal water trunk
access charges remain unpaid.
D. Amount of Charge: The municipal water trunk access charge shall be as
follows:
1. $6,408.00 per acre for all property (but excluding delineated
wetlands) located within the Municipal Water Trunk District which is
platted or connected to the water system, plus interest at a rate of 6.2%
per annum from the date of adoption of this ordinance; and
2. $14,934.86 for any property, regardless of acreage, that connects to the
municipal water system in the area that is shown as the "Supplemental
Connection Charge Required" area on the attached Exhibit B.
3. No Municipal Water Trunk District charges set out in section 9-1-2-1
shall apply to property located within the Municipal Water Trunk
District defined in section 9-1-2-3.13 above.
The City Council may amend this charge from time to time.
E. Time of Payment:
1. All trunk access charges shall be paid to the city at the earlier of
a. Final plat approval for any plat in which a new municipal water
connection is required in such plat which is located within the
Municipal Water Trunk District.
b. Issuance of a building permit by the city for which a new
municipal water connection is required within this Municipal
Water Trunk District.
2. No final plat approval or building permits shall be issued prior to
payment of the trunk access charges unless other arrangements for the
51
payment of the municipal water trunk access charge are made and
approved by the city.
3. Payment shall be in cash or by check acceptable to the city.
F. Use of Charges: The city may establish one or more trunk water funds and
may credit all trunk access charges collected from this Municipal Water Trunk
District to such funds. Such funds may, as determined by council resolution,
be used to offset costs incurred in the installation of existing or future water
lines, or any debt service incurred in the past or to be incurred in the future to
finance the municipal water expansions, improvements, or any combination of
the above within this district.
G. Provisions Not Limiting: This section in no way precludes the city council
from adopting additional ordinances imposing other water related charges in
lieu of assessments, or other such ordinances relating to area or service
charges with regard to the municipal water system, nor does this section
preclude the city from assessing to property owners the costs related to the
installation of water lines, trunk mains, laterals and other water related
facilities installed by the city.
Passed by the council this day of , 2009.
Ron Klecker, Mayor
ATTEST:
Bridget Miller, City Clerk
52
..-I-1
lbTrtvij]e sMayor and Council Communication
.,�di `r«,�,. wtw. sro raw ur..
October 13, 2009
SUBJECT: LEGAL —PRAIRIE RUN ROAD MAINTENANCE SIGN
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion: approve Installation of Road Maintenance Notification Sign in the Prairie Run
Development.
BACKGROUND: When the Prairie Run plat was approved, the Developer was required to establish
a homeowners' association to maintain the portion of 51 st Street located west of Kassel Avenue,
which is a private street (platted as Outlot A). The Developer did establish a homeowners'
association in early 2005 via a common interest community and set up a non-profit corporation that
became the association. The non-profit corporation took title to Outlot A. In March, 2006, for
reasons nobody quite understands, the Developer terminated the common interest community, but did
not dissolve the non-profit corporation, which still holds title to Outlot A.
The effect of this action was to "starve" the non-profit corporation and leave it with no means of
collecting money to maintain the street. While the Developer continues to maintain the street for the
time being, once the Developer quits maintaining the street, there will be no way for the association
to force its member properties to pay their fair share of the maintenance cost. It is staff s expectation
that over time the road will not be properly maintained, which may pose a safety hazard to the
residents, particularly in winter if emergency vehicles cannot get through the street.
Unfortunately, there is no easy solution to this problem. The majority of the lots involved are owned
by Gold Key. In the past year and a half, I have placed several calls to Gold Key's attorney. While
he recognizes the problem, he cannot get Dean Johnson to do anything about it. We have also talked
to Alpine Capital, which has the mortgage on these lots. They would like to reestablish the
association, but Dean Johnson still owns the lots. We expect Alpine Capital to get control of the lots
at some point (they are currently in foreclosure), but we do not know when.
To date, at least three of the lots have been sold to other parties. Even if Gold Key or Alpine were to
attempt to reestablish the association, they would need the consent of the three other owners and their
mortgage holders. This will not be easy to obtain. Thirteen lots front on the private road. There are
fifteen additional lots east of Kassel Avenue that front on 51 st Street (which is a public street). These
lots were in the original association and would have helped pay for the maintenance of the road in
front of the 13 lots located west of Kassel Avenue had the association not been dissolved. If an
association is reestablished, it will likely include from ten to thirteen lots located west of Kassel
Avenue.
One long term solution to this problem would be for the City to take over maintenance of the road.
However, there are a few important issues that would have to be overcome. First, the road is
privately owned. The City would need an easement in order to maintain it. Second, the width of
Outlot A (what would be the road right of way area) is very narrow, only thirty feet, compared to the
M:\PublicData\Requests for Council Actions (RCA)\2009\10 192009 Legal RCA for Road Maintenance Sign (51st St).doc
Agenda Item No. 8.12.
Meeting Date October 19, 2009
Mayor and Council Communication — October 13, 2009
Legal — Prairie Run Signage Page 2 of 3
normal 60 feet of right of way on City roads. As a result, the City likely does not have enough right
of way for snow storage. Because the buildable area of the lots are not terribly deep, and because the
lot frontages are narrower than normal, it may render some of the lots unbuildable if the City required
a wider right of way to be dedicated. Normally, this would be the Developer's problem, but in this
case, we have approximately $25,000 in unpaid special assessments against each lot. If some of the
lots became unbuildable, the assessments on these lots would likely never be paid. Finally, the
private road was originally designed by Gold Key's engineer. Adam Nafstad would have to check
the plans and specs to see if it was built to a our current City street standard.
With no solution on the horizon, Staff is concerned that people purchasing the lots will expect that
the road is a City -maintained road, or at a minimum, will expect that there is some sort of
homeowner's association in place to maintain the road. The proposed sign should inform the
potential purchasers of the true status of both of these issues.
To the best of Staff s knowledge, the information contained on the proposed sign is factually correct.
KEY ISSUES:
• There is currently no mechanism in place to require the homeowners to pay for the
maintenance of this private street.
• Potential purchasers are likely to believe that the street will be maintained by the City,
causing future problems when the City does not plow or otherwise maintain this street.
•, The Developer has not remedied this situation despite repeated requests to do so.
• A permanent solution is not practical at this time due to fractured ownership and ongoing
foreclosure proceedings.
POLICY CONSIDERATIONS: The City can choose to do nothing, but City Staff believes this
will likely result in residents at the time of purchase believing that the City will maintain the street
and ultimately requesting the City to "fix" the situation. The proposed sign will at least provide some
notice to potential buyers of the obligation of the property owners to maintain the street.
FINANCIAL CONSIDERATIONS: The cost of the sign is not known at this time.
LEGAL CONSIDERATIONS: The content of the sign is factual. The City attorney is not able to
identify any areas of legal liability for the City whether the City installs the sign or not.
Respectfully submitted,
00
Larry R. Kruse
City Administrator
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: PROPOSED SIGN
M:\Public Data\Requests for Council Actions (RCA)\2009\10 19 2009 Legal RCA for Road Maintenance Sign (51st St).doc
Agenda Item No. 8.12.
Meeting Date October 19, 2009
Mayor and Council Communication — October 13, 2009
Legal — Prairie Run Signage Page 3 of 3
[PROPOSED SIGN]
THE STREET LOCATED BEYOND THIS SIGN IS A PRIVATE
STREET THAT IS NOT MAINTAINED BY THE CITY.
The common interest community that was charged with maintaining
this street was terminated on March 15, 2006. As of September 30,
2009, no common interest community was in existence governing the
lots abutting this street per the recorded documents at the Wright
County Recorder's Office. The individual property owners abutting
this street are responsible for maintaining this street, including
providing snowplowing services, and are responsible for establishing a
mechanism to pay for such maintenance.
M:\PublicData\Requests for Council Actions (RCA)\2009\10 192009 Legal RCA for Road Maintenance Sign (51st St).doc
Agenda Item No. Q.12.
Meeting Date October 19, 2009