2009-11-02 CC PacketA,lbertville
Taum UWDD. No my ups.City of Albertville Council Agenda
NOVEMBER 2, 2009
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed
on the agenda or of general community interest. Advertised public hearings are scheduled as such so that
the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council
regarding specific agenda items, other than public hearings should indicate so and will be afforded an
opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to
speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to
speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council",
usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In
any case, citizens are asked to complete a `Request to Speak Card'.
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
4. MINUTES
A. Approve October 19, 2009 regular City Council minutes (pgs.1-14)
5. CITIZENS OPEN FORUM — (time reserved 5 minutes)
6. AMENDMENTS TO AGENDA
7. PUBLIC HEARING (pgs. 15-29)
A. Approve Resolution No. 2009-037 entitled a Resolution Reallocating Special
Assessments to Lots 1-4, Block 1, Albertville Marketplace (Special assessments of
Lots 1, 2, 3 and 4, Block 1, Albertville Marketplace, in the total amount of $21,998.34)
B. Approve Resolution No. 2009-038 entitled a Resolution Adopting Assessment for
Sanitary Sewer and Municipal Water Charges (Special assessment of Lot 2, Block 1,
Albertville Marketplace for $61,050 in SAC and WAC charges)
C. Approve Resolution No. 2009-039 entitled a Resolution Adopting Assessment for
Sanitary Sewer and Municipal Water Charges (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)
8. 0 CONSENT AGENDA
All items with an asterisk (lam) 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
City of Albertville Council Agenda
November 2, 2009 Page 2 of 5
of Business and considered in its normal sequence on the agenda that will require a
separate motion.
Items: ---
9.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 33-38)
9.E.2. Finance — Resolution Certifying Outstanding Balances (pgs. 39-58)
0 9.E.5. Finance — Resolution Reallocating Assessment TL (pgs. 69-72)
9.F.1. City Clerk — Heidi's Brew Off -Sale Liquor License (pg. 73)
9.G.1. City Council — Set November 10, 2009 Special meeting (no pgs.)
9. DEPARTMENT BUSINESS
A. Fire Department
B. Public Works Department
C. Utilities Department (WWTP)
D. Building Department
1). Accept the Building Official's Report dated October 15, 2009 (pgs. 31-32)
E. Finance Department
1). 0 Authorize the Monday, November 2, 2009 Payment of Claims (bills) for
check numbers 027619 to 027653 (pgs. 33-38)
2). 0 Approve Resolution No. 2009-040 entitled a Resolution Certifying the 2009
List of Uncollected Utility Bills and Outstanding Invoices to Wright County for
Collection with Real Estate Taxes (pgs. 39-58)
3). Approve Resolution No. 2009-034 entitled a Resolution Setting Water Utility
Rates, increasing the rate for the water utility as follows effective January 1, 2010
(pgs. 59-63): Monthly Rates
0-3,333 Gallons $4.13
3,334-6,667 gal. $.78 per 1,000 over 3,333
6,668-11,667 gal. $.83 per 1,000 over 6,667
Over 11,668 gal. $.89 per 1,000 over 11,668
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: Monthly Rates
0-5,000 Gallons $17.87
Over 5,000 gal. $.36 per 1,000
4). Approve Resolution No 2009-041 entitled a Resolution Reallocating the
Assessment for Downtown Railroad Land Exchange parcel 101-013-001091 (pgs.
65-68)
5). 0 Approve Resolution No 2009-042 entitled a Resolution Reallocating the
Assessment for SAC and WAC charges to Lot 5, Block 1, Shoppes of Towne Lakes
11 parcel 101-116-001050 (pgs. 69-72)
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 1-A Agenda.doc
Meeting Date: November 2, 2009
City of Albertville Council Agenda
November 2, 2009 Page 3 of 5
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 ALL G,
LLC for Heidi's Brew Wine & Spirits contingent upon passing the Wright
County Sheriff Background Check and approval from the Minnesota Department
of Alcohol and Gambling (pg. 73)
G. City Council
1). 0 Set Tuesday, November 10, 2009 at 7:00 p.m. as a Special City Council
meeting for the purpose of reviewing and approving the Guardian Angels
Concept Plan
2). Oral Update on the Joint Powers Water Board meeting
H. Planning and Zoning
1). Adopt Resolution No. 2009-043 entitled a Resolution requiring the installation
of a fence along the property line of the 152 Club and Geez Sports Bar and Grill
(pgs. 75-80)
2). Zoning Ordinance Amendment(S) — "54 h Street NE Redevelopment Standards"
(pgs. 81-98)
a. Adopt Ordinance No. 2009-017 (Amendment #1) entitled an Ordinance
amending the following Sections: 3250.6 (Lot Requirements and Setbacks);
3300.6 (Lot Requirements and Setbacks); 3400.5 (Lot Requirements and
Setbacks; 3500.5 (Lot Requirements and Setbacks); 3600.5 (Lot
Requirements and Setbacks); 3700.5 (Lot Requirements and Setbacks);
3800.5 (Lot Requirements and Setbacks); 3900.5 (Lot Requirements and
Setbacks); and 4000.5 (Lot Requirements and Setbacks) of the Albertville
Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal Code
relating to reducing the required front yard setbacks in the residential zoning
districts;
b. Adopt Ordinance No. 2009-018 (Amendment #2) entitled an Ordinance
amending Section 1100.5 (Yards) of the Albertville Zoning Ordinance
(Appendix A) of the 2005 Albertville Municipal City Code, relating to
allowed yard encroachments;
C. Adopt Ordinance No. 2009-019 (Amendment #3) entitled an Ordinance
amending Section 1000.23 (Two -Family, Townhouse, Quadraminium,
Multiple -Family Uses) of the Albertville Zoning Ordinance (Appendix A) of
the 2005 Albertville Municipal City Code, relating to remodeling,
renovating, and improving existing structures
3). Adopt Ordinance No. 2009-020 entitled an Ordinance Amending Chapter 1800
(Land Filling Operations) and Section 1900 (Land Excavation/Grading) of the
Albertville Municipal City Code, Relating to Land Filling and
Excavation/Grading Regulations (continued from October 5, 2009 — (pgs. 99-
113)
M:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 1-A Agenda.doc
Meeting Date: November 2, 2009
City of Albertville Council Agenda
November 2, 2009 Page 4 of 5
4). Adopt Ordinance No. 2009-024 entitled an Ordinance amending Section 10-7-6
(Advertising Devices) of the Sign Regulations (Chapter 7) of the 2005
Albertville Municipal City Code, relating to prohibiting advertising devices on
roofs (pgs. 115-119)
5). Adopt the Comprehensive Plan Amendments (Exhibits 1-1 through 1-5) to the
1996-1997 Albertville Comprehensive Plan, relating to the Northwest Land Use
Study (pgs. 121-133)
I. Engineering
1). Accept the City Engineer's Project Status Report dated October 29, 2009
(pgs.133-134)
J. Legal
1). Approve Addendum To Standard General Conditions Of The Construction
Contract And Petition To Complete Water Line Installation, Towne Lakes 6tb
Addition (pgs. 135-148)
K. Administration
1). Accept the City Administrator's Written Report dated October 29, 2009 (pgs.
149-151)
10. CITIZENS OPEN FORUM - (continued if necessary)
11. ANNOUNCEMENTS and or UPCOMING MEETINGS
November 2009
5
7:00 p.m.
Planning and Zoning Commission meeting
9
6:00 p.m.
STMA Ice Arena Board meeting
10
7:00 p.m.
Special City Council meeting
1.1
all days
Veterans' Day observed — City offices closed
16
7:00 p.m.
City Council meeting
23
6:00 p.m.
Joint Powers Water Board meeting
26
all day
Thanksgiving Day observed — City offices closed
30
tentative
A. City of Albertville; City of St. Michael and
STMA School Board meeting (location to be determined)
December 2009
7
6:30 p.m.
Truth -in -Taxation Hearing
7
7:00 p.m.
City Council meeting
8
7:00 p.m.
Planning and Zoning Commission meeting
14
6:00 p.m.
STMA Ice Arena Board meeting
21
6:30 p.m.
Truth -in -Taxation Hearing (if necessary)
21
7:00 p.m.
City Council meeting
23
1:30 p.m.
Christmas Day observed -- City offices closing early
24
all day
Christmas Day observed — City offices closed
26
6:00 p.m.
Joint Powers Water Board meeting
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 1-A Agenda.doc
Meeting Date: November 2, 2009
City of Albertville Council Agenda
November 2, 2009 Page 5 of 5
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
12. MOTION TO CLOSE THE REGULAR CITY COUNCIL MEETING TO GO INTO
A CLOSED SESSION (allow 5 minutes to clear Council Chamber)
13. CLOSED SESSION
A. Discuss the CSAH 19 Assessment -City of Albertville vs. Psyk — update City
Council on Court Ruling
14. MOTION TO RECONVENE THE REGULAR CITY COUNCIL MEETING
15. MOTION IF NECESSARY TO TAKE ACTION ON CLOSED SESSION
DISCUSSION
16. ADJOURNMENT
M:\PublicData\CityCouncil\CounciI Packet information\2009\11-02-09\11 022009 1-A Agenda.doc
Meeting Date: November 2, 2009
A,Ibertvillc
SauM , .ftatyUfa,
ALBERTVILLE CITY COUNCIL
WORKSHOP AGENDA
MONDAY, NOVEMBER 2, 2009
Following Council meeting
1. CALL TO ORDER
2. DISCUSS THE STMA ICE ARENA PROJECT
3. I-94 AND CSAH 19 HIGHWAY PROJECTS
4. ADJOURNMENT
�1bcrtville
a.," vim, ft aw uf.
SUBJECT: CITY COUNCIL MINUTES
Mayor and Council Communication
October 27, 2009
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion approve the Monday, October 19, 2009 regular City Council minutes as presented, which a
final copy will be printed; signed; then the signed copy will be scanned; the electronic scanned
version will be kept on file in the office of the City Clerk and serve as the official record; and,
BACKGROUND: The City Council appoint or designate an individual that serves as a Recording
Secretary to document motions made on items; topics, or subjects on the agenda or brought up in the
meeting. Following the meeting, the Recording Secretary prepares a typed form of the motions made
during the meeting and presents them to the Council to review and amend as necessary at the next
scheduled meeting.
KEY ISSUES:
• Minutes 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. Kruse
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: October 19, 2009 regular Council minutes
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 City Council minutes RCA.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
4
A,lbertville
SO-S TOUM winp. 09 at, Ufa.
ALBERTVILLE CITY COUNCIL
OCTOBER 19, 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 Engineer Adam Nafstad, Assistant City Planner Carie Fuhrman,
City Attorney Mike Couri, Finance Director Tina Lannes, and City Clerk Bridget Miller
ABSENT: City Administrator Larry Kruse
RECOGNITIONS PRESENTATIONS — INTRODUCTIONS
Sprung Building Presentation STMA Arena
Mayor Klecker acknowledged there were members from Sprung Instant Structures in the
audience here to give a presentation on their building structures.
Rob Ekblad began going; over the history of the company that has been in busing for
approximately 120 years. Sprung services 92 areas throughout the country; therefore, the
structure needs to withstand various weather conditions. Sprung patented the stressed membrane
structure; an innovative alternative to conventional construction utilizing architectural membrane
panels placed under high tension within a non -corroding aluminum substructure. Rob wanted to
make sure they allowed time for the Council to view a 5 minute DVD that was put together by
Sprung.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
2
City of Albertville
City Council Minutes
October 19, 2009
Page 2 of 13
Following the viewing Mr. Ekblad informed the Council that these structures are constructed fast
and are energy efficient. This type of structure can easily be disassembled and put up on another
site should the need arise.
Council questioned where they could view a building that would be close to Albertville. Mr.
Ekblad reported that Jubilee Church constructed one of their buildings in St. Cloud, Minnesota.
You could check one out at Canterbury or on the Mn State Fair grounds. It has been over the
past couple of years that Sprung has come to Minnesota and in 2010-2011 they have a number of
projects going.
Council inquired about what all is included with the structure. According to the handouts, it
illustrates light fixtures, bleachers, and other items within the structure. Ekblad stated it would
be similar to any type of structure that is built where the lighting, speakers, bleachers, etc. would
be an additional cost to the project.
There was some discussion regarding how to finance the structure, which Mayor Klecker
reiterated the Council is not making a decision tonight. The discussion entailed whether or not
to lease versus buying. It was relayed by Sprung that leasing is a cost-effective way to go with -
in the beginning; with the option to buy after a number of years.
Mayor Klecker thanked Rob Ekblad and his associates for the presentation and would get back
to them at a future date should the City and the STMA Arena Board decide to go with a Sprung
Structure.
8.K.1. Administration — Mike Potter's cost/expenses
8.K.2. Administration — City Employee's Health Insurance Quote Update
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the
Monday, October 19, 2009 regular City Council agenda to include the following items:
8.J.6. Legal — STMA Ice Arena
8.K.1. Administration— Mike Potter's cost/expenses
8.K.2. Administration — City Employee's Health Insurance Quote Update
Motion carried unanimously.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
City of Albertville
City Council Minutes
October 19, 2009
Page 3 of 13
MINUTES
October 5, 2009 regular City Council minutes
MOTION BY Council member Sorensen, seconded by Council member Wagner to approve the
Monday, October 5, 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.
October 5, 2009 City Council Workshop minutes
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the
Monday, October 5, 2009 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. Motion
carried unanimously.
CONSENT AGENDA
CONSENT AGENDA
All items with an asterisk; O are considered to be routine in nature by the City staff and will be
enacted by one motion. There will be no separate discussion of these items unless a Council
member, staff, or citizen so requests. In such event, the item will be removed from the Consent
Agenda; a separate discussion will. take place during the General Order of Business and
considered in its normal sequence on the agenda that will require a separate motion.
There are three (3) items listed on the Consent Agenda: 8.E.1. Authorize the Monday, October
19, 2009 Payment of Claims(bills) for check numbers 027569 to 02761.5 as presented except the
bills specifically pulled, which are passed by separate motion; 8.F.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; 81.2. 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. and/or 0 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.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
DI
City of Albertville
City Council Minutes
October 19, 2009
Page 4 of 13
Mayor Klecker noted that item 8.I.1. 0 Authorize to release the Letter of Credit held for the
Towne Lakes 5th Addition, with the following conditions: a. Development is current with all
fees and obligations owed to the City; and, b. All remaining silt fence is removed from site
should be included under the Consent Agenda.
No items were pulled from the October 19, 2009 Consent Agenda.
MOTION BY Council member Sorensen, seconded by Council
October 19, 2009 Consent Agenda that included the following it
Monday, October 19, 2009 Payment of Claims (bills) for check
presented except the bills specifically pulled, which are passed t
approve the New Application for a 2009-2010 Off -Sale
term beginning November 1, 2009 to April 15, 2010 to H
contingent upon passing the Bureau of Criminal Apprehe
approval from the Minnesota Department of Alcohol and
Temporary Intoxicating Liquor License application subrr,
event that will be held at the St. Albert Parish Center on
Fay to approve the
1. Authorize the
027569 to 027615 as
to motion; 81.1.
auor License for the
irry and David for Harry and David
ision (BCA) Background Check and
Gambling; 8.F.2. Approve a I -Day
fitted bv'the Albertville Lions for an
p.m. to 10:00 p.m. and/or Approve a One -Day 3.2 Malt Liquo
the Albertville Lions for an event that will be held at the St. A
October 24, 2009 from 5:00 p.m. to 10:00 p.m., in which the f
further discussion and a separate motion. 811.'Authorize to r
the Towne Lakes 51h Addition, with the following conditions::
all fees and obligations owed to the City; and, b. All remainiln
Motion carried unanimously.
DEPARTMENT BUSINESS
FIRE DEPARTMENT no, comments
PUBLIC WQRKs DEPARTMENT — no
UTILITIES DEPARTMENT (WWTP) — no comments
BUILDING DEPARTMENT
Accept the Building Official's Report dated October 14, 2009
ay, October 24, 2009 from 5:00
License application submitted by
)ert Parish Center on Saturday,
flowing item was pulled for
lease the Letter of Credit held for
a. Development is current with
t fence is removed from site
Council had no additional questions or concerns regarding the October 14, 2009 Building
Official's report.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No-6 .
Meeting Date November 2, 2009
5
City of Albertville
City Council Minutes
October 19, 2009
Page 5 of 13
FINANCE DEPARTMENT
AV 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
MOTION BY Council member Sorensen, seconded by Council member Fay to 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.
Motion carried unanimously.
CITY CLERK
.AN 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
MOTION BY Council member Sorensen, seconded by Council member Fay to 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 Bureauof Criminal Apprehension (BCA) Background Check and
approval from the Minnesota Department of Alcohol and Gambling. Motion carried
unanimously.
AV Approve a 1-Day Temporary Intoxicating Liquor License application submitted by the
Albertville Lions for an event that will -he held at the St. Albert Parish Center on Saturday,
October 24; 2009 from 5:00 p.m. to 10:00 p.m.
AV 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,
MOTION BY Councit member Sorensen, seconded by Council member Fay to 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. and/or 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. (Albertville Lions received the 1-Day
Temporary Intoxicating Liquor License and did not need the One -Day 3.2 Malt Liquor License)
Motion carried unanimously.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
City of Albertville
City Council Minutes
October 19, 2009
Page 6 of 13
CITY COUNCIL
Oral Update on the STMA Ice Arena Board meeting and ARY Report Update (oral)
Dan Wagner stated that Paul Youngquist was unable to attend the meeting as he was going to
give an oral update on the ARY. Bob Rego was present to answer any questions the Council
may have.
Council basically wanted to find out the cost for construction of the building, which City
Engineer Nafstad displayed Architect Paul Youngquist's spreadsheet that City Administrator
Kruse presented at the October 5, 2009 meeting.
Oral Update on the Planning and Zoning Commission 'meeting
Council member Wagner reported that the Planning Commission continued the 54th Street
ordinance amendments regarding the setbacks. Other items were advertising (billboards) on top
of buildings and amending the Comprehensive Plan as it relates to the Northwest area of
Albertville.
Mayoral Update on Guardian Angels Senior Project
Mayor Klecker stated that Dan Dixson with the Guardian Angels was here last Thursday to talk
to staff updating them on the status of their progress of coming to Albertville. In the 1st Phase,
Guardian Angels is propo
agreement for the Albert
on Tuesday to go over the
Council was very pleased
Angels. Council, looks fo
act a 2-story 40-unit structure. There is a purchase
ition. Dan Dixson will be meeting with the consultants
mol ect.
eive the update and progress being made by the Guardian
to the development of the site.
October 19 Wright County Commissioners Road Tour (1-94 and
Mayor Klecker informed the Council that the Wright County Commissioners and some Wright
County employees were touring some of the roads on Monday. The members stopped in
Albertville for a nice relaxed joint luncheon with a few Council members and City staff.
Albertville received a positive response from the County in support of I-94 Improvements and
looking into possible CSAH 19 Improvements. The luncheon gave the Commissioners' a better
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
City of Albertville
City Council Minutes
October 19, 2009
Page 7 of 13
understanding of transportation needs and problems in Albertville. Nafstad with assistance from
Administrator Kruse put together a PowerPoint presentation on the I-94 Project, which was
received positively by the County Commissioners. The Commissioners invited Albertville to
attend the upcoming Wright County Transportation Committee Meeting of the Whole to
formally appoint a task force to make a recommendation of funding both the I-94 Project as well
as the CSAH 19 North Project.
PLANNING AND ZONING — no comments
ENGINEERING
Authorize to release the Letter of Credit held for the 'Towne Lakes 5rh Addition, with the
following conditions: Development is current with all fees and obligations owed to the City and
All remaining silt fence is removed from site
MOTION BY Council member Sorensen, seconded by Council member Fay to authorize 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 and All
remaining silt fence is removed from site.
Adopt Resolution No. 21
and Specifications and
City Engineer Nafstad rE
Extension Project, whicl
Nodland Const. Co., Inc
109-036 entitled Resolution Ordering Improvement, Approving Plans
ccepting Bid for the Towne Lakes Watermain Extension Project
ported that the City advertised for bids for the Towne Lakes Watermain
the City received three bids.
LaTour Construction, Inc.
Northdale Contr. Inc.
$84,890.00.
$54,259.00
$53,333.56
Nafstad continued by stating that according to the Towne Lakes 6th Addition Development
Agreement, the developer is required to extend the trunk water to the easterly plat boundary.
The extension is necessary to loop the Hunter's Pass Estates into the municipal water system and
provide an alternate feed to assure continuous flows.
The current owner of the Towne Lakes 6th Addition is M & I Bank who has petitioned the City
to complete the improvement and has agreed to reimburse the city for all costs related to the
project.
City Attorney Couri has prepared two additional documents relating to the extension of the
municipal water system, which include the Execution of the Agreement to Pay Costs of the
WPublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doe
Agenda Item No. 6.
Meeting Date November 2, 2009
City of Albertville
City Council Minutes
October 19, 2009
Page 8of13
Waterline Installation by M & I Bank; and, the Execution of Authorization to Draw on the Letter
of Credit by Alliance Bank. Couri has heard from M & I Bank and would like to incorporate
some very minor changes to the agreement.
MOTION BY Council member Wagner, seconded by Council member Sorensen to adopt
Resolution No. 2009-036 entitled Resolution Ordering Improvement, Approving Plans and
Specifications and Accepting Bid for The Towne Lakes Watermain Extension Project with a low
bid of $53,333.56 from Northdale Contr., Inc., and to allow the City Attorney to make minor
changes to the Agreement to Pay Costs of Water Line Installation and the Authorization to Draw
on Letter of Credit. Motion carried unanimously.
LEGAL
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)
City Attorney Couri started off by noting before the Council are two Ordinances establishing a
Sewer -Trunk District and a Water Trunk District' for selected properties abutting CSAH 37
within Albertville. According to Mn State Statutes, this does not require a public hearing. Staff
felt in the best interest of the two abutting property owners to the Niemeyer Trailer Sales, it
would be considerate to notify them f the trunk charges.
Couri continued by letting the Council know that one of the property owners has submitted a
document expressing their view of the SAC and WAC charges.
As Council is aware, the Niemeyer, Trailer Sales' development has been slowly progressing.
Construction of the sewer and water utilities is nearly complete. During the review process of
the development, Council had previously determined that wanted to establish a trunk charge
system to pay for the costs associated with the project. Staff has prepared two ordinances that
will recover 100% of the cost of the utility project upon full development of all parcels lying
within these trunk districts.
Tim Niemeyer of Niemeyer Trailer Sales has asked to have the project costs Specially Assessed
to the property, these ordinances will not apply to his property. The project costs associated with
the ordinances will apply to the Miller property to the west of Niemeyer Trailer Sales and the
property to the east of the Niemeyer Trailer Sales. The property to the east currently has water
service; therefore, has been excluded from the water district.
Mayor Klecker allowed the Miller's to speak, even though this was not a public hearing.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
City of Albertville
City Council Minutes
October 19, 2009
Page 9 of 13
Colleen Riley, co-owner of the property west of the Niemeyer Trailer Sales Development was
-given the ability to speak on the proposed SAC and WAC charges. Ms. Riley gave two
objections to the proposed charges, which were 1. Ms. Riley and Ms. Miller object to the
District Boundaries, 2. the Interest Amount being charged and when it should be charged. Ms.
Riley and Ms. Miller agreed that it should be charged when their property is Final Platted and or
a Building Permit is submitted to the city. The interest should not start accruing prior to that.
Ms. Riley continued by bringing up this SAC and WAC fee is a hardship, put on their property.
Ms. Riley and Ms. Miller do not ever foresee the property west of the Niemeyer Trailer Sales
ever developing.
Staff and Council discussed the option of deferring the interest that would be applied towards the
property west of the Niemeyer Trailer Sales Addition. However, Council made the following
motion to approve the two ordinances as presented.
MOTION BY Council member Wagner, seconded by Council member Fay to approve
Ordinance No. 2009-022 entitled an Ordinance Establishing a Sewer Trunk District for Selected
Properties Abutting CSAH 37 (known as Niemeyer Trailer Sales). Mayor Klecker, Council
members Wagner, Fay, and Sorensen voted aye. Council member Vetsch opposed. Motion
carried.
MOTION BY Council member Wagner, seconded by Council member Fay to approve
Ordinance No. 2009-023 entitled an Ordinance Establishing a Water Trunk District for Selected
Properties Abutting CSAH 37 (known as Niemeyer Trailer Sales). Mayor Klecker, Council
members Wagner, Fay, and Sorensen voted aye. Council member Vetsch opposed. Motion
carried.
Approve Installation of Road Maintenance Notification Sign in the Prairie Run Development
City Attorney Couri brought up the concern regarding a portion of the Prairie Run Development,
in which the developer was supposed to set up a homeowners association to maintain a portion
of 51 st Street NE that is a private drive (Outlot A of Prairie Run). There was a Homeowners
Association established in 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.
Staff is concerned regarding the continued support of the non-profit corporation having the
ability to maintain the portion of 51 st Street NE in future years. It appears that only three of the
lots have been purchased, leaving about 13 additional homes along the private drive to be sold.
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
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
10
City of Albertville
City Council Minutes
October 19, 2009
Page 10 of 13
_homeowner's association in place to maintain the road. The proposed sign should inform the
potential purchasersof 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. (proposed sign language below)
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
Council acknowledged staff s concern regarding the private drive within the Prairie Run
residential development and agreed to do what's in the best interest of the City, which was to get
the message out there to potential buyers or the remaining lots or any future selling or buying of
homes in the area.
MOTION BY Council member Fay, seconded by Council member Sorensen to approve
Installation of Road Maintenance Notification Sign in the Prairie Run Development to read as
follows: 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 streetl.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. Motion carried unanimously.
Authorize the City Administrator to enter into a contract with Nagell Appraisal to appraise I-94
properties to identify I--94 benefit not to exceed an initial $10, 000 (written correspondence was
distributed at the meetin—a)
City Attorney Couri did not present any correspondence regarding the proposal to enter into a
contract with Nagell Appraisal. Couri did feel it was in the best interest of the City to authorize
the City Administrator to enter into a contract with Nagell Appraisal to appraise properties along
the I-94 corridor. By obtaining an appraisal of about 6-8 similar properties along I-94, the City
will get an idea of the benefit of the proposed I-94 Improvement Project will be. The Appraisal
will also serve as a document to refer back to should the need arise following the construction of
the 1-94 Improvement Project.
M-Tublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
11
City of Albertville
City Council Minutes
October 19, 2009
Page 11 of 13
- MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize
the City Administrator to enter into a contract with Nagell Appraisal to appraise I-94 properties
to identify I-94 benefit not to exceed an initial $10,000 for Special Assessment purposes, which
will allow staff a tool to use to calculate the amount to be assessed. Mayor Klecker, Council
members Wagner, and Sorensen voted aye. Council member Vetsch opposed. Council member
Fay abstained. Motion carried.
Lamar I-94 Property Acquisition (written documentation was distributed during the meeting)
City Attorney Couri gave a brief update on the Lamar I-94 property acquisition, stating the City
has contracted with Nagell Appraisal to identify the market value of the land to be used for a
stormwater pond. Acquisition of this property is an integral step to be completed to maintain the
goal to start construction in the spring.
Oral Update on Psyk Assessment Litigation Outcome
City Attorney Couri informed the Council that the judge ruled in favor of the city regarding the
Psyk Assessment Litigation. It is unknown whether the Psyk's will pursue appealing further.
STMA Ice Arena
Council member Wagner brought up the fact that the STMA Hockey Association would like to
take over the STMA Hockey Arena.
Council member'Vetsch reported that the arena was originally building in 1997-1998. The
organization of the Mighty Ducks had a grant of $215,000. The STMA School District and the
two (2) cities Albertville and St. Michael put in a considerable amount of approximately
$350,000 each. If the STMA Hockey Association take over the $215,000 grant from the Mighty
Ducks would not be forfeited: Besides the cities and School forgave approximate three quarters
of a million dollars in loans due from the STMA Ice Arena operation. Further, the STMA
School purchased land for an additional $500,000.
Finance Director Lannesand City Engineer Nafstad both brought to the Council's attention that
most hockey arenas do not make money. The STMA Hockey Association would not last long
running the arena.
Following the conversation, the current Council were in agreement that the City has made
significant investments in arena operations.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doc
Agenda Item No. 6.
Meeting Date November 2, 2009
12
City of Albertville
City Council Minutes
October 19, 2009
Page 12 of 13
ADMINISTRATION_ ______
City Employee Health Insurance
Finance Director Lannes informed the Council that staff obtained quotes from a few vendors.
Medica came back with the lowest bid; therefore, the City would be changing Health Insurance
Providers. The overall insurance increased approximately 3%.
Expenses — Costs associated with Mike Potter
Finance Director Lannes responded to the Council request as to what the total cost or expenses
to date were for the Mike Potter property located off of CSAH 37. The total costs incurred
amounted to $1,297 to date
ANNOUNCEMENTS and or UPCOMING MEETINGS
Mayor Klecker acknowledged the upcoming meetings and calendar of events.
October 2009
26 6:00 p.m. Joint Powers Water Board meeting
November 2009
1 2:00 am. Daylight Savings ends - set clocks back 1-hour
.m. City Council meeting 2 7:00 p
9 6:00 p.m, STMA Ice Arena Board meeting
10 7:00 p.m. Planning and Zoning Commission meeting
11. all dayVeterans' 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 20W.-,
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
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doe
Agenda Item No. 6.
Meeting Date November 2, 2009
13
City of Albertville
City Council Minutes
October 19, 2009
Page 13of13
_ 26 6:00 p.m. Joint Powers Water Board meeting
26 700 p.m. Committee of the Whole Workshop (tentative)
311:30 p.m. New Year's Day observed — City offices closing early
ADJOURNMENT
MOTION BY Council member Sorensen, seconded by Mayor Klecker to adjourn the Monday,
October 19, 2009 regular City Council meeting at 9:38 p.m. Motion carried unanimously.
Bridget Miller, City Clerk (recording secretary)
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 10-19-09 L-edits.doe
Agenda Item No. 6.
Meeting Date November 2, 2009
14
Nibertville
s„."Tom,., U.*.Q. We IDLY ur_
Mayor and Council Communication
- October 27, 2009
SUBJECT: PUBLIC HEARING — (LEGAL) HOLD PUBLIC HEARINGS FOR PROPOSED SPECIAL
ASSESSMENT OF COMMERCIAL PROPERTIES FOR TRUNK UTILITIES, SAC AND WAC, AND
REALLOCATION OF PRIOR SPECIAL ASSESSMENTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
three (3) following motions:
Motion: approve Resolution No. 2009-037 entitled a Resolution Reallocating Special
Assessments to Lots 1-4, Block 1, Albertville Marketplace (Special assessments of Lots 1, 2, 3
and 4, Block 1, Albertville Marketplace, in the total amount of $21,998.34).
and
Motion: approve Resolution No. 2009-038 entitled a Resolution Adopting Assessment for
Sanitary Sewer and Municipal Water Charges (Special assessment of Lot 2, Block 1, Albertville
Marketplace for $61,050 in SAC and WAC charges)
and
Motion: approve Resolution No. 2009-039 entitled a Resolution Adopting Assessment for
Sanitary Sewer and Municipal Water Charges (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).
BACKGROUND: All special assessments must be certified to the County Auditor's office by
November 30, 2009 in order to be placed for collection on the tax rolls for 2010. The following
three proposed special assessments are related to recent development activity in Albertville.
They are as follows:
When Albertville Marketplace was platted, there were existing special assessments on the
property. Normally, these special assessments are allocated to the numbered lots upon
subdivision, usually via a resolution reallocating the special assessments to the numbered
lots. Because we did not process a reallocation at the time of the filing of the plat, the
County Auditor's office reallocated the special assessments to the three outlots which
consist of the wetlands/pond, the private street, and the lift station property. These special
assessments were put on the outlots' tax statements for 2009. Because the City owns the
lift station property (Outlot B), the City's tax statement for 2009 contained an assessment
installment amount of $1,857.41. The City paid this installment of the special
assessment. Staff is now proposing to reallocate the remaining $20,130.93 in special
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 PH -Legal Niemeyer Special Assessments -Albertville Marketplace -adopt
assessments (RCA).doc
Agenda Item No. 7.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Public Hearing — Special Assessment on Commercial Properties Page 2 of 3
assessments plus the $1,857.41 paid by the City (for a total of $21,988.34) to the four
numbered lots on the property for the remaining five years of the original life of the
special assessments. The proposed assessment will reallocate the special assessments in
equal amounts over the four lots for the remaining five years of the original assessment at
the 6.4% interest rate that was adopted with the original assessment in 1999.
• The Developer of Lot 2, Block 1 in Albertville Marketplace has recently requested that
the City Council special assess its SAC and WAC charges for the construction of a gas
station/convenience store/restaurant in the amount of $61,050 to the property over a
period of three years. The proposed assessment will special assess the SAC and WAC
charges over a three year period at 6.2 % interest.
• In the Developer's Agreement for Niemeyer Trailer Sales, the City has previously agreed
to special assess the sewer and water trunk charges and the cost of installing local sewer
and water lines in the private drive serving the Niemeyer properties. Construction on
these projects has just been completed. Niemeyer's trunk costs are $125,037 for sewer
and $47,357 for water, and the combined local sewer and water line installation costs are
$52,403. Niemeyer's total assessment for all of these costs will be $224,797. The
Developer's Agreement calls for these assessments to be levied for a period of time not
less than 10 years. The proposed assessment will special assess the sewer and water costs
over a fifteen year period at 6.2%
KEY ISSUES:
• The owners of the Niemeyer Properties and Lot 2, Block 1 of Albertville Marketplace
have consented to the assessment and have waived the right to appeal the assessments.
• Staff has discussed the Albertville Marketplace assessment reallocation with Phil Morris,
the owner of the Albertville Marketplace properties, and made him aware of the situation.
All of these assessments represent cost recovery assessments for the City, meaning that
these costs have already been incurred by the City or are owed by the Developer based on
fees set by City Ordinance.
POLICY CONSIDERATIONS: All of these proposed assessments are either consistent with
the City's past policies on special assessing SAC and WAC charges, are consistent with existing
obligations under the City's developer's agreement, or are consistent with past practices in
reallocating special assessments.
FINANCIAL CONSIDERATIONS: The proposed special assessments will help the City
recover costs it has already incurred or that are due by ordinance.
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 PH -Legal Niemeyer Special Assessments -Albertville Marketplace -adopt
assessments (RCA).doc r7
Agenda Item No. 1 .
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Public Hearing — Special Assessment on Commercial Properties Page 3 of 3
LEGAL CONSIDERATIONS: A separate public hearing must be held for each individual
assessment resolution prior to its adoption by the City. The Council must hear any objections
presented by property owners and any comment from the public. Staff does not expect any
objections from the property owners.
Respectfully submitted,
Larry R. Kruse
City Administrator
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: Resolution No. 2009-037, Resolution No. 2009-038, and Resolution No. 2009-
039
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 PH -Legal Niemeyer Special Assessments -Albertville Marketplace -adopt
assessments (RCA).doc
Agenda Item No. 1 .
Meeting Date November 2, 2009
17
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-037
RESOLUTION ADOPTING ASSESSMENT FOR SANITARY SEWER
AND MUNICIPAL WATER CHARGES
WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City
Council has met and heard and passed upon all objections to the proposed assessment of costs
related to the sewer and water access charges applicable to Lot 4, Block 1, Albertville
Marketplace.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. The assessment levied by this resolution shall be payable in equal annual principal
installments extending over a period of three years, the first of the installments to be
payable on or before the first Monday of January, 2010, and shall bear interest at a rate of
6.2% per annum from the date of this resolution until December 31, 2010. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
3. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or interest
will be charged through December 31 of the next succeeding year.
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-038 (Albt Marketplace Assess SAC & WAC).doc
19
City of Albertville
County of Wright
Resolution No. 2009-037
Page 2
4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 2"d day of November, 2009.
Ron Klecker,
ATTEST TO:
Bridget Miller, City Clerk
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-038 (Albt Marketplace Assess SAC & WAC).doc
9
City of Albertville
County of Wright
Resolution No. 2009-037
Page 3
ASSESSMENT ROLL
The assessments levied upon the properties described below shall be as follows:
Amount
101-136-001020 Lot 2, Blk 1, Albertville Marketplace, LLB; $61,050
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-038 (Albt Marketplace Assess SAC & WAC).doc
21
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-038
RESOLUTION REALLOCATING SPECIAL ASSESSMENTS
TO LOTS 1-4, BLOCK 1, ALBERTVILLE MARKETPLACE
WHEREAS, on November 23, 1999, the City of Albertville adopted special assessments relating
to the installation of sanitary sewer service and municipal water service to areas subsequently
platted as Albertville Marketplace; and
WHEREAS, upon the platting of Albertville Marketplace, the remaining special assessments were
allocated to the outlots rather than the numbered lots of the Albertville Marketplace plat; and
WHEREAS, the City requires that special assessments be reallocated to numbered lots and blocks
upon the platting of property; and
WHEREAS, the City now desires to reallocate the special assessments from the outlots to the
numbered lots in accordance with City policy; and
WHEREAS, the City paid special assessments in the amount of $1,857.41 that were part of the
original November 23, 1999 assessment and which were subsequently assigned to Outlot B upon
the platting of Albertville Marketplace, which amount shall be added to the outstanding special
assessments that are reallocated under this resolution; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. The proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. The assessment levied by this resolution shall be payable in equal annual principal
installments extending over a period of five years, the first of the installments to be payable
on or before the first Monday of January, 2010, and shall bear interest at a rate of 6.4% per
annum from the date of this resolution until December 31, 2010. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of
MA\Public Data\Resolutions\2009 Resolutions\draft\R 2009-037 (Albt Marketplace Reallocation Special Assess).doc
23
City of Albertville
County of Wright
Resolution No. 2009-039
Page 2 of 3
the assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 2°a day of November, 2009
Ron Klecker, Mayor
ATTEST TO:
Bridget Miller, City Clerk
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-037 (Albt Marketplace Reallocation Special Assess).doc
24
City of Albertville
County of Wright
Resolution No. 2009-039
Page 3 of 3
ASSESSMENT ROLL
PID No. Property Description Assessment Amt.
101-136-001010 Lot 1, Blk 1, Albertville Marketplace, LLC
$5,497.09
101-136-001020 Lot 2, Blk 1, Albertville Marketplace, LLC
$5,497.09
101-136-001030 Lot 3, Blk 1, Albertville Marketplace, LLC
$5,497.09
101-136-001040 Lot 4, Blk 1, Albertville Marketplace, LLC
$5,497.09
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-037 (Albt Marketplace Reallocation Special Assess).doc
25
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-039
RESOLUTION ADOPTING ASSESSMENT FOR SANITARY SEWER
AND MUNICIPAL WATER CHARGES
WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City
Council has met and heard and passed upon all objections to the proposed assessment of costs
related to the installation of sanitary storm sewer and municipal water service to properties
located on the Niemeyer Trailer Sales Plat.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof,
is hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. The assessment levied by this resolution shall be payable in equal annual principal
installments extending over a period of fifteen years, the first of the installments to be
payable on or before the first Monday of January, 2010, and shall bear interest at a rate
of 6.2% per annum from the date of this resolution until December 31, 2010. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
3. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property,
with interest accrued to the date of payment, to the City Clerk, except that no interest
shall be charged if the entire assessment is paid within thirty (30) days from the
adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk
the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of the next
succeeding year.
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-039 (Niemeyer Spec Assess Trunk charges).doc
27
City of Albertville
County of Wright
Resolution No. 2009-038
Page 2
4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the
County Auditor to be extended on the property tax lists of the County" and such
assessment shall be collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 2nd day of November, 2009.
Ron Klecker,
ATTEST TO:
Bridget Miller, City Clerk
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-039 (Niemeyer Spec Assess Trunk charges).doc
WE
City of Albertville
County of Wright
Resolution No. 2009-038
Page 3
ASSESSMENT ROLL
The assessments levied upon the properties described below shall be as follows:
101-142-001010 Lot 1, Block 1, Niemeyer Trailer Sales $56,199.25
101-142-001020 Lot 2, Block 1, Niemeyer Trailer Sales $56,199.25
101-142-001030 Lot 3, Block 1, Niemeyer Trailer Sales` $ 12,398.50
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-039 (Niemeyer Spec Assess Trunk charges).doc
W
Alb£rtv1ll£ Mayor and Council Communication
7.IS43tv Uf.
ctober 15, 2009
Brief Description Building/Zoning Dept. September 09 Monthly Report
Recommended Action None.
Background Activity report for Council review
• Construction Activity: We had 33 permits processed in September for a total value of
$872,618. Total permits year to date (YTD) is 419 and YTD valuation stands @
$4,417,651. The residential activity consisted mainly of storm related reroof, reside, finish
basements, additions, decks, and fence permits. We issued 1 commercial permit for Albert
and Emma's Gas Station/Convenience Store/Car Wash and Restaurant. Additional
commercial permits were Mechanical, Gas Tanks, Plumbing and HVAC, and Utilities
permits
• Storm Damage: Storm damage repair, permit activity, and inspections still continue at a
slow pace.
• Planning and Zoning: I am happy to report that the Council has approved the Vacant
Property Registration Ordinance this month and we are in the process of working with this
new ordinance. We continue working on various zoning enforcement issues in the city
related to Council directives contained in Cup's, dumpster ordinance, contractor licensing,
foreclosures, and weeds. Incomplete work by contractors, various interagency issues with
Wright County. The Planning Commission continues its work with reviewing and
processing proposed ordinance changes.
• 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, we have worked on numerous and various zoning
enforcement activities, sign violations, exterior storage, fences, work without permits, rental
licensing, and. inspections.
• Fire Code Inspections with the Fire Department: I continue to assist the Fire Department
as they begin another round of Fire Inspections.
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\11-02-09\11 02 2009 BO Report for September 2009.doc
Agenda Item No. 7. D.1. .
Meeting Date November 2, 2009
Sub Total
Sub Totals
September 2009 Buidling Department Revenue Report
Valuation Permit Fees
2009 $ 872,618.00 $ 35,243.25
Less SAC, WAC Storm Water, S & 1W & Meter $ 22,9.82.0.0___
Less Signs $ 369.56
SEPTEMBER 2009 TOTAL BUILDING DEPT REVENUE 1 $ 11,891.69
2008
Less SAC, WA Storm Water, S & W & Meter
Less Signs
Valuation Permit Fees
$ 2,794,464.00 $ 41,107.61
$ 8,690.00
SEPTEMBER 2008 TOTAL BUILDING DEPT REVENUE
INSPECTIONS
September
113
Daily Average
7
Year To Date
1567
$ 32,417.61
32
A.1bertvil1e
*r_ u.*M. ft aW UV..
Mayor and Council Communication
October 28, 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, November 2, 2009 payment of the claims that includes check
numbers 027619 to 027653 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. 027630 L.M.C.I.T — Property Liability Insurance Premium for 10/l/09-10/l/10
Check No. 027635 National Business Furniture — replace training tables at Fire Department
used capital reserves for furniture
Check No. 027638 Now Care — Physicals for Firemen
Check No. 027639 Omann Brothers — Four Season Park Tennis Court
Check No. 027646 SRF Engineering — Payment #8 I-94
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. Muse
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Check Register Detail
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Finance Bills Report (RCA).doc
Agenda Item No. 9..E. I .
Meeting Date November 2, 2009
A�Ibcrtvillcif
Check Detail Register --
November 2, 2009
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027619 11/2/2009 10,000 LAKES CHAPTER
E 101-42400-433 Dues and Subscriptions $75.00 102109 Membership Invoice
Total 10,000 LAKES CHAPTER $75.00
Paid Chk# 027620 11/2/2009 ALLINA HOSPITALS & CLINICS
E 101-42000-312 First Responder Training $1,030.50 1110010294 Medical Directorship
Total ALLINA HOSPITALS & CLINICS $1,030.50
Paid Chk# 027621 11/2/2009 ARAMARK UNIFORM SERVICES
E 601-49450-417
Uniform Rentals
$13.08 629-6835964
E 101-43100-417
Uniform Rentals
$13.08 629-6835964
E 101-45100-417
Uniform Rentals
$13.08 629-6835964
E 602-49400-417
Uniform Rentals
$13.08 629-6835964
E 101-41940-405
Repair/Maint - Buildings
$88.68 629-6835965
E 101-43100-417
Uniform Rentals
$9.93 629-6840890
E 601-49450-417
Uniform Rentals
$9.94 629-6840890
E 602-49400-417
Uniform Rentals
$9.93 629-6840890
E 101-45100-417
Uniform Rentals
$9.93 629-6840890
E 601,49450-417
Uniform Rentals
$9.94 629-6845784
E 101-43100-417
Uniform Rentals
$9.93 629-6845784
E 10,1-45100-417
Uniform Rentals
$9.93 629-6845784
E 602-49400-417
Uniform Rentals
$9.93 629-6845784
E 101-41940-405
Repair/Maint Buildings
$43.11 629-6845785
E 101-42000-405
Repair/Maint - Buildings
$12.83 629-6845786
Total
ARAMARK UNIFORM SERVICES
$276.40
Paid Chk# 027622
11/2/2009 CHARTER COMMUNICATIONS
E 101-42000-321
Telephone
$11.25 1009
Total CHARTER COMMUNICATIONS
$11.25
Uniforms WTR
Uniforms PW
Uniforms PKS
Uniforms SWR
towels, mats, mops, etc
Public Works - Uniform Sery
Sewer Dept. - Uniform Service
Water Dept - Uniform Sery
Parks Dept - Uniform Sery
Sewer Dept. - Uniform Service
Public Works -Uniform Sery
Parks Dept - Uniform Sery
Water Dept - Uniform Sery
towels, mats, mops, etc
mats FD
Cable
Paid Chk# 027623
11/2/2009 COURI & MACARTHUR
RUPPE, PLLP
E 101-41610-304
Legal Fees
$150.00
1009
TIFS
E 468-49000-304
Legal Fees
$2,025.00
1009
194 RAMPS
E 101-41610-304
Legal Fees
$37.50
1009
BURGER KING
E 101-41610-304
Legal Fees
$4,808.50
1009
GENERAL
E 101-41610-304
Legal Fees
$510.00
1009
ALBERTVILLE MARKETPLACE
E 101-41610-304
Legal Fees
$75.00
1009
TOWNE LAKES
E 101-41610-304
Legal Fees
$1,360.00
1009
TOWNE LAKES 6
E 101-41610-304
Legal Fees
$292.50
1009
NIEMEYER TRAILER SALES
E 101-41610-304
Legal Fees
$487.50
1009
LAMAR LITIGATION
E 101-41610-304
Legal Fees
$300.00
1009
TOWNE LAKES 6-HENNIEN LITIGATION
E 101-41610-304
Legal Fees
$487.50
1009
POTTER
E 494-49000-304
Legal Fees
$412.50
1009
CSAH 19 ASSESSMENT-PSYK
E 494-49000-304
Legal Fees
$3,412.50
1009
CSAH 19 ASSESSMENT APPEAL-LEUER
E 502-49000-304
Legal Fees
$1,050.00.
1009
CSAH UTILITIES
E 473-49000-304
Legal Fees
$2,195.00
1009
PRAIRIE RUN IMPROVEMENTS
Total COURI & MACARTHUR RUPPE, PLLP
$17,603.50
Paid Chk# 027624
11/2/2009 DENNY'S SMALL ENGINE/CHAIN SAW
E 101-45100-404
Repair/Maint- Machinery/Equip
$49.00
1009
7-chains sharpend
Total DENNY'S SMALL ENGINE/CHAIN SAW
$49.00
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1 02 2009 Finance Bills Posted Batch.doc
Agenda Item No. 9.E.1..
Meeting Date November 2, 2009
Mayor and Council Communication - October 29, 2009
Finance - Payment of Claims Page 2 of 5
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027625 11/2/2009 DJS TOTAL HOME CARE CNTR FIRE
E 101-42000-212 Motor Fuels $72.94 42253 taps for salvage & overflow sfter fires
Total DJS TOTAL HOME CARE CNTR FIRE $72.94
Paid Chk# 027626 11/2/2009 EMERGENCY MEDICAL PRODUCTS
E 101-42000-230 Medical Supplies $114.85 INVI215017 Padded Board, Hand Wipes
Total EMERGENCY MEDICAL PRODUCTS $114.85
Paid Chk# 027627
11/2/2009 ESS BROTHERS & SONS, INC.
E 604-49660-406
R/M - Collection System
$289.63 MM4239
309-STORM MH
E 604-49660-406
R/M - Collection System
$289.63 MM4297
309-4STORM mh frAME 4" HIGH
Total ESS BROTHERS & SONS, INC.
$579.26
Paid Chk# 027628
11/2/2009 FEDERATED CO-OPS,
INC.
E 101-45100-210
Operating Supplies (GENERAL)
$440.53 F32749
AM. Sulfate
E 101-45100-210
Operating Supplies (GENERAL)
$134.02 F32810
Sunny Place 50 LB
Total FEDERATED CO-OPS, INC.
$574.55
Paid Chk# 027629
11/2/2009 FRANKLIN OUTDOOR
ADVERTISING
E 101-41000-300
Professional Srvs (GENERAL)
$180.00 CITYOF
Cotaplast Signs
Total FRANKLIN OUTDOOR ADVERTISING
$180.00
Paid Chk# 027630
11/2/2009 L.M.C.I.T.
E 101-43100-361
General Liability Ins
$1,661.10 32654
Property Liabl Ins 2%
E 101-41400-361
General Liability Ins
$5,813.85 32654
Property Liabl Ins 7%
E 101-41300-361
General Liability Ins
$830.55 32654
Property Liabl Ins 1%
E 601-49450-361
General Liability Ins
$4,152.75 32654
Property Liabl Ins 5%
E 101-42000-361
General Liability Ins
$4,983.30 32654
Property Liabl Ins 6%
E 101-41100-361
General Liability Ins
$4,152.75 32654
Property Liabl Ins 5%
E 101-42400-361
General Liability Ins
$4,152.75 32654
Property Liabl Ins 5%
E 101-45100-361
General Liability Ins
$5,813.85 32654
Property Liabl Ins 7%
E 602-49400-361
General Liability Ins
$4,152.75 32654
Property Liabl Ins 5%
E 101-41940-361
General Liability Ins
$46,510.80 32654
Property Liabl Ins 57%
E 101-41500-361
General Liability Ins
$830.55 32654
Property Liabl Ins 1%
E 101-42000-361
General Liability Ins
$557.22 32655
Property Liabl Ins 6%
E 101-41300-361
General Liability Ins
$92.87 32655
Property Liabl Ins 1%
E 602-49400-361
General Liability Ins
$464.35 32655
Property Liabl Ins 5%
E 101-41940-361
General Liability Ins
$5,200.72 32655
Property Liabl Ins 57%
E 601-49450-361
General Liability Ins
$464.35 32655
Property Liabl Ins 5%
E 101-45100-361
General Liability Ins
$650.09 32655
Property Liabl Ins 7%
E 101-41500-361
General Liability Ins
$92.87 32655
Property Liabl Ins 1%
E 101-41400-361
General Liability Ins
$650.09 32655
Property Liabl Ins 7%
E 101-43100-361
General Liability Ins
$185.74 32655
Property Liabl Ins 2%
E 101-41100-361
General Liability Ins
$464.35 32655
Property Liabl Ins 5%
E 101-42400-361
General Liability Ins
$464.35 32655
Property Liabl Ins 5%
E 101-41300-361
General Liability Ins
$2.80 32656
Property Liabl Ins 1%
E 101-45100-361
General Liability Ins
$19.60 32656
Property Liabl Ins 7%
E 602-49400-361
General Liability Ins
$14.00 32656
Property Liabl Ins 5%
E 101-41940-361
General Liability Ins
$156.80 32656
Property Liabl Ins 57%
E 101-41500-361
General Liability Ins
$2.80 32656
Property Liabl Ins 1%
E 101-43100-361
General Liability Ins
$5.60 32656
Property Liabl Ins 2%
E 101-41100-361
General Liability Ins
$14.00 32656
Property Liabl Ins 5%
E 101-42400-361
General Liability Ins
$14.00 32656
Property Liabl Ins 5%
E 101-42000-361
General Liability Ins
$16.80 32656
Property Liabl Ins 6%
E 101-41400-361
General Liability Ins
$19.60 32656
Property Liabl Ins 7%
E 601-49450-361
General Liability Ins
$14.00 32656
Property Liabl Ins 5%
Total L.M.C.I.T.
$92,622.00
Paid Chk# 027631 11/2/2009 MENARDS - BUFFALO
E 101-45100-210 Operating Supplies (GENERAL) $25.48 2682361 Plastic Tree Protector
Total MENARDS - BUFFALO $25.48
Check Amt Invoice Comment
10100 Premier Bank
M:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Finance Bills Posted Batch.doc
Agenda Item No. 9. E. i .
Meeting Date November 2, 2009
35
Mayor and Council Communication — October 29, 2009
Finance — Payment of Claims Page 3 of 5
Paid Chk# 027632
11/2/2009 MIDWEST BUS PARTS INC
E 101-42000-404
Repair/Maint -Mach inery/Equ ip
$24.95 20317 w/s pump motor w/plug
Total MIDWEST BUS PARTS INC
$24.95
Paid Chk# 027633
11/2/2009 MINNESOTA COPY SYSTEMS
E 101-41400-413
Office Equipment Rental
$103.65 37939 base
rate/overcharge .
E 101-41400-413
Office Equipment Rental
$96.42 37940 base
rate/overcharge
Total MINNESOTA COPY SYSTEMS
$200.07
Paid Chk# 027634
11/2/2009 NAPA AUTO PARTS
E 101-43100-404
Repair/Maint - Machinery/Equip
$13.43 72331 pins,
hose, hose end
Total NAPA AUTO PARTS
$13.43
Paid Chk# 027635
11/2/2009 NATIONAL BUSINESS FURNITURE
E 101-42000-560
Furniture and Fixtures
$2,362.77 ZJ709576-kRU
New Tables for Training Room
Total NATIONAL BUSINESS FURNITURE
$2,362.77
Paid Chk# 027636
11/2/2009 NEXTEL COMMUNICATIONS
E 602-49400-323
Nextel Radio Units
$56.08 7181833181006
Nextel Phones
E 101-42000-321
Telephone
$167.37 7181833181006
Nextel Phones
E 101-42400-323
Nextel Radio Units
$37.38 7181833181009
Nextel Phones
E 101-43100-323
Nextel Radio Units
$51.16 7181833181009
Nextel Phones
E 101-45100-323
Nextel Radio Units
$51.16 7181833181009
Nextel Phones
E 101-41300-321
Telephone
$68.10 7181833181009
Nextel Phones
E 101-41500-323
Nextel Radio Units
$58.99 7181833181009
Nextel Phones
E 601-49450-323
Nextel Radio Units
$56.08 7181833181009
Nextel Phones
E 101-41400-323
Nextel Radio Units
$37.38 7181833181009
Nextel Phones
Total NEXTEL COMMUNICATIONS
$583.70
Paid Chk# 027637 11/2/2009 NFPA
E 101-42000-433 Dues and Subscriptions $140.76 4688709Y
Total NFPA $140.76
Paid Chk# 027638 11/2/2009 NOW CARE MEDICAL CENTERS
E 101-42000-305 Medical -Physicals $512.00
Total NOW CARE MEDICAL CENTERS $512.00
921 guide for fire and Explosion 1033 Prof Qualification
Field guide for Fire Investigation
physicals FD
Paid Chk# 027639 11/2/2009 OMANN BROTHERS
E 102-49440-300 Professional Srvs (GENERAL) $63,171.00 21436 tennis court Four Seasons park
Total OMANN BROTHERS $63,171.00
Paid Chk# 027640 11/2/2009 OREILLY AUTOMOTIVE INC
E 101-43100-404 Repair/Maint - Machinery/Equip $275.77 1749-197890 battery
E 101-43100-215 Shop Supplies $3.73 1749-197894 Coupler
Total OREILLY AUTOMOTIVE INC $279.50
Paid Chk# 027641 11/2/2009 PITNEY BOWES - MACHINE RENTAL
E 101-41400-413 Office Equipment Rental $621.00 0787150-OT09office machine
Total PITNEY BOWES - MACHINE RENTAL $621.00
Paid Chk# 027642 11/2/2009 PREMIER 94 TRUCK SERVICES
E 161-43100-404 Repair/Maint - Machinery/Equip $71.50 0108771-IN Tractor DOT inspection MECH8
E 101-43100-404 Repair/Maint - Machinery/Equip $71.50 0108772-IN tractor DOT inspection MECH8
Total PREMIER 94 TRUCK SERVICES $143.00
M:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Finance Bills Posted Batch.doc
Agenda Item No. 7..L` . l..
Meeting Date November 2, 2009
36
Mayor and Council Communication — October 29, 2009
Finance — Payment of Claims Page 4 of 5
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027643
11/2/2009 PURCHASE POWER
E 101-41400-322
Postage
$332.15 800090000195859 32% Postage
E 601-49450-322
Postage
$425.5.7 800090000195859 41% Postage
E 604-49960-322
Postage
$83.04 800090000195859 8% Postage
E 602-49400-322
Postage
$197.22 800090000195859 19% Postage
Total PURCHASE POWER
$1,037.98
Paid Chk# 027644
11/2/2009 S & T OFFICE PRODUCTS
E 101-41400-200
Office Supplies (GENERAL)
$33.40 01NQ3782 files
E 101-41400-200
Office Supplies (GENERAL)
$305.71 NQ1901 fables, ppr, calenders, etc
Total S & T OFFICE PRODUCTS
$339.11
Paid Chk# 027645 11/2/2009 SENTRY SYSTEMS, INC.
E 101-43100-405 Repair/Maint Buildings $31.27 608079
E 101-42000-405 Repair/Maint Buildings $4.22 608079
E 101-42000-405 Repair/Maint Buildings $30.36 608079
Total SENTRY SYSTEMS, INC. $65.85
Paid Chk# 027646 11/2/2009 SRF CONSULTING GROUP, INC
E 468-49000-303 Engineering Fees $32,633.85 6796-8
Total SRF CONSULTING GROUP, INC $32,633.85
Paid Chk# 027647 11/2/2009 TRYCO LEASING INC
E 101-42000-412 Building Rentals/Admin Fee $113.64 4544
E 101-41400-413 Office Equipment Rental $692.05 4556
Total TRYCO LEASING INC $805.69
Paid Chkp 027648 11/2/2009 UNIFORMS UNLIMITED INC
E 101-42000-417 Uniform Rentals $143.99 6036
Total UNIFORMS UNLIMITED INC $143.99
Paid Chk# 027649 11/2/2009 VALERIUS, BILL
E 101-42000-404 Repair/Maint - Machinery/Equip $128.48
Total VALERIUS, BILL $128.48
Paid Chk# 027650 11/2/2009 VIKING TROPHIES, INC.
PW Alarm
FD Alarm
FD alarm
1-94
copier FD
Copier Maintenance Agreement
Replacment Uniform shirts
bags for tools, streets and trips FD
E 101-42050-437 Misc. Donations $24.05 97033 Gold Satin Brass Pates W/Engraving - FD donations
Total VIKING TROPHIES, INC. $24.05
Paid Chk# 027651 11/2/2009 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $40,880.00 Patrol-09-11 Nov Service
Total WRIGHT CTY SHERIFFS PATROL $40,880.00
Paid Chk# 027652 11/2/2009 WRIGHT-HENNEPIN COOPERATIVE
E 601-49450-381 Electric Utilities $96.39 000010016311009 lift stations
E 101-45100-381 Electric Utilities $193.46 000010016311009 Pks
E 101-43160-381 Electric Utilities $373.15 000010016311009 street lights
Total WRIGHT-HENNEPIN COOPERATIVE $663.00
M:\Public Data\City Council\Council Packet inform ation\2009\ 1 1-02-09\1 102 2009 Finance Bills Posted Batch.doc Agenda Item No. 9.E. I .
Meeting Date November 2, 2009
37
Mayor and Council Communication — October 29, 2009
Finance — Payment of Claims Page 5 of 5
10100 Premier Bank
Paid Chk# 027653
11/2/2009 XCEL ENERGY
E 101-41940-381
Electric Utilities
E 601-49450-381
Electric Utilities
E 601-49450-381
Electric Utilities
E 601-49450-381
Electric Utilities
E 601-49450-381
Electric Utilities
E 601-49450-381
Electric Utilities
E 101-41940-381
Electric Utilities
E 101-43160-381
Electric Utilities
E 101-41940-381
Electric Utilities
E 101-43160-381
Electric Utilities
E 101-42000-381
Electric Utilities
E 101-43100-381
Electric Utilities
E 101-45100-381
Electric Utilities
E 101-43160-381
Electric Utilities
E 101-43160-381
Electric Utilities
E 101-43160-381
Electric Utilities
E 101-45100-381
Electric Utilities
Total XCEL ENERGY
10100 Premier Bank
Fund Summary
101 GENERAL FUND
102 CAPITAL OUTLAY RESERVE
468 CSAH 19 RAMPS/I 94 Project
473 PRAIRIE RUN
494 CSAH 19 & 50th St. (South 19)
502 Maciver
601 SEWER FUND
602 WATER FUND
604 STORM WATER
Check Amt Invoice Comment
$36.88
51468978491009
6002 Main Ave
$4,225.72
51468.97849100.9
Sewage Plant
$319.98
51468978491009
Sewer Lift Station
$82.55
51468978491009
Lift Station
$36.90
51468978491009
4940 Kaiser Swr
$10.13
51468978491009
Park Shelter
($50.30)
51468978491009
Auto Protective Igt
$34.23
51468978491009
11060 61 st
$72.00
51468978491009
5964 Main
$46.53
51468978491009
5050 LeBreaux Signal
$367.02
51468978491009
11350 57th
$326.17
51468978491009
11822 63rd PW
$128.14
51468978491009
ballfield/rink
$95.39
51468978491009
5300 LeBeaux Light
$91.65
51468978491009
5975 Main
$81.71
51468978491009
5050 LeBeaux Light
$12.87
51468978491009
Picnic Shelter
$5, 917.57
$263, 906.48
10100 Premier Bank
$143,509.61
$63,171.00
$34,658.85
$2,195.00
$3,825.00
$1,050.00
$9,917.38
$4, 917.34
$662.30
$263,906.48
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Finance Bills Posted Batch.doc
Agenda Item No. 9.E. I..
Meeting Date November 2, 2009
0.9
A\1bertvi j l e
Mayor and Council Communication
October 27, 2009
SUBJECT: 0 FINANCE DEPARTMENT — APPROVAL OF THE 2009 CERTIFICATION OF
UNCOLLECTED UTILITY BILLS AND OUTSTANDING INVOICES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion approve Resolution No. 2009-040 entitled a Resolution Certifying the 2009 List of
Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real
Estate Taxes.
BACKGROUND: On an annual basis, it is the City's procedure to send notification to
residents, developers, and other business owners that there are outstanding utility bills or
invoices, allowing them sufficient time to pay such fees owed to the City. If such outstanding
debt has not paid before November 15, 2009 the City has the ability to certify such outstanding
debt to the appropriate property that would be collected with the Real Estate Taxes. Due to the
recent foreclosures, city staff worked with the City Attorney and upon his recommendation
requested mid -year assessment of outstanding receivables. City Council approved that mid -year
assessment.
KEY ISSUES: The key issue regarding the outstanding debt is allowing the City to certify it to
the property taxes ensuring collection.
POLICY CONSIDERATIONS: It is the City's policy to review and authorize staff to certify
uncollected utility bills and outstanding invoices to Wright County for Collection with Real
Estate Taxes.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
Certification list, which would be updated as payments are received up until November 15, 2009.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to authorize staff to
certify pursuant to Minnesota State Law, which requires uncollected utility bills and invoices are
paid in a timely manner, generally within 120 days unless one party determines dispute the
billing.
Respectfully Submitted
Larry R. se
City Administrator
Department/Responsible Person: Administration/Finance/Tina Lannes, Finance Director
Attachments: Draft Resolution and uncollected utility bills and outstanding invoice spreadsheet
M:\Public Data\Reyuests for Council Actions (RCA)\2009111 02 2009 Certification of Outstanding UBs RCA.doc
Agenda Item No. 9.E.2.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 2 of 10
ce- _-
Property Address
Balance
Certification
101-085-002060
10221 49TH STREET NE
413.37
Utility Bill
101-085-002070
10237 49TH STREET NE
399.29
Utility Bill
101-090-002030
10254 KARSTON COURT NE
284.61
Utility Bill
101-053-007050
10295 KARSTON AVENUE NE
62.92
Utility Bill
101-053-007020
10309 KARSTON AVENUE NE
411.94
Utility Bill
101-069-001090
10358 64TH STREET NE
125.33
Utility Bill
101-071-003140
10359 52ND STREET NE
182.06
Utility Bill
101-069-002520
10385 64TH STREET NE
127.38
Utility Bill
101-097-001020
10390 62ND STREET NE
669.20
Utility Bill
101-081-002340
10398 KALI AVENUE NE
50.50
Utility Bill
JOI-048-003070
10413 61 ST STREET NE
302.63
Utility Bill
101-085-004020
10416 49TH STREET NE
168.40
Utility Bill
101-069-002480
10431 64TH WAY NE
152.50
Utility Bill
101-087-001020
10436 64TH LANE NE
284.68
Utility Bill
101-068-001070
10452 KARSTON CIRCLE NE
663.12
Utility Bill
101-097-002020
10460 62ND STREET NE
391.59
Utility Bill
101-087-001060
10460 64TH LANE NE
134.26
Utility Bill
101-087-001080
10472 64TH LANE NE
255.65
Utility Bill
101-048-003110
10479 61 ST STREET NE
142.65
Utility Bill
101-087-001460
10479 64TH LANE NE
155.17
Utility Bill
101-071-004040
10484 52ND STREET NE
218.28
Utility Bill
101-097-004010
10493 61 ST PLACE NE
490.59
Utility Bill
01-087-001140
10522 64TH LANE NE
242.12
Utility Bill
101-084-001130
10529 JASON LANE NE
125.54
Utility Bill
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 Certification of Outstanding UBs RCA.doc r
Agenda Item No. 9..8'.a.2.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 3 of 10
101-062-004190
10538 KARSTON AVENUE NE
238.82
Utility Bill
101-087-001360
10539 64TH LANE NE
125.33
Utility Bill
101-071-005010
10542 51 ST STREET NE
344.66
Utility Bill
101-069-002180
10542 64TH WAY NE
121.02
Utility Bill
101-062-005030
10545 KARSTON AVENUE NE
130.46
Utility Bill
101-062-005030
10545 KARSTON AVENUE NE
77.00
Utility Bill
101-097-002060
10548 62ND STREET NE
319.83
Utility Bill
101-069-002290
10561 64TH WAY NE
149.43
Utility Bill
101-097-004110
10563 62ND STREET NE
144.16
Utility Bill
101-096-007180
10572 48TH STREET NE
216.27
Utility Bill
101-045-009110
10572 56TH STREET NE
161.30
Utility Bill
101-097-004130
10579 62ND STREET NE
773.39
Utility Bill
101-054-001050
10579 KARSTON AVENUE NE
202.46
Utility Bill
101-096-001050
10582 49TH STREET NE
648.91
Utility Bill
101-054-001060
10583 KARSTON AVENUE NE
348.42
Utility Bill
101-071-005030
10586 51ST STREET NE
238.42
Utility Bill
101-045-008130
10593 58TH STREET NE
70.00
Utility Bill
101-087-001260
10599 64TH LANE NE
127.58
Utility Bill
101-045-009060
10601 57TH STREET NE
344.47
Utility Bill
101-055-002010
10601 KARSTON AVENUE NE
713.67
Utility Bill
101-071-006100
10606 50TH COURT NE
202.03
Utility Bill
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Certification of Outstanding UBs RCA.doc Agenda Item No. 9.E.2.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 4 of 10
101-051-002020
10614 KARSTON AVENUE NE
176.50
Utility Bill
101-071-006020
10615 51 ST STREET NE
63.97
Utility Bill
101-055-002020
10617 KARSTON AVENUE NE
70.66
Utility Bill
101-055-002020
10617 KARSTON AVENUE NE
70.00
Utility Bill
101-040-003070
10630 KALLAND DRIVE NE
813.84
Utility Bill
101-045-007120
10632 58TH STREET NE
52.98
Utility Bill
101-071-005050
10634 51ST STREET NE
205.92
Utility Bill
101-040-005040
10635 KALLAND DRIVE NE
240.66
Utility Bill
101-040-003030
10641 61ST STREET NE
108.68
Utility Bill
101-045-008180
10666 57TH STREET NE
323.00
Utility Bill
101-045-010020
10667 56TH STREET NE
156.19
Utility Bill
101-040-003150
10700 KALLAND DRIVE NE
416.38
Utility Bill
101-045-008220
10740 57TH STREET NE
52.98
Utility Bill
101-096-005130
10775 49TH COURT NE
1,111.56
Utility Bill
101-045-008240
10780 57TH STREET NE
523.27
Utility Bill
101-051-005010
10831 KANTAR COURT NE
72.42
Utility Bill
101-079-004050
10883 53RD STREET NE
599.17
Utility Bill
101-044-002010
11210 54 1/2 ST NE
199.41
Utility Bill
101-027-002010
11340 54 1/2 ST NE
261.40
Utility Bill
101-016-003010
11420 54TH STREET NE
289.75
Utility Bill
101-500-012119
11423 60TH STREET NE
559.53
Utility Bill
101-500-011314
11600 57TH STREET NE
195.60
Utility Bill
M:\Public Data\Requests for Council Actions (RCA)\2009\I 102 2009 Certification of Outstanding UBs RCA.doc
Agenda Item No. 4. E.2.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 5 of 10
101-022-003010
11646 54TH STREET NE
75.10
Utility Bill
101-022-005050
11727 54TH STREET NE
520.72
Utility Bill
101-124-001070
12183 59TH CIRCLE NE
104.00
Utility Bill
101-085-003070
4904 KAHLER BAY NE
261.96
Utility Bill
101-085-003190
4906 KAGAN AVENUE NE
335.95
Utility Bill
101-096-007210
4932 KALENDA AVENUE NE
282.24
Utility Bill
101-096-006070
4947 KASSEL AVENUE NE
166.20
Utility Bill
101-081-003090
4975 KAISER AVENUE NE
21.63
Utility Bill
101-085-001020
4981 KAGAN AVENUE NE
727.80
Utility Bill
101-081-002230
5030 KAHLER COURT NE
350.21
Utility Bill
101-081-001140
5037 KAGAN AVENUE NE
466.05
Utility Bill
101-081-002120
5048 KAHL AVENUE NE
191.83
Utility Bill
101-081-002200
5058 KAHLER COURT NE
252.96
Utility Bill
101-081-002180
5061 KAHLER COURT NE
401.17
Utility Bill
101-081-001090
5077 KAHL AVENUE NE
177.42
Utility Bill
101-024-003010
5099 MAIN AVENUE NE
70.00
Utility Bill
101-071-003340
5139 KALI AVENUE NE
189.63
Utility Bill
101-022-007050
5186 LANNON AVENUE NE
176.22
Utility Bill
101-103-002200
5208 KALENDA COURT NE
239.43
Utility Bill
101-103-002170
5213 KALENDA COURT NE
358.57
Utility Bill
101-071-003040
5222 KAHL AVENUE NE
62.86
Utility Bill
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 Certification of Outstanding UBs RCA.doc Agenda Item No. 9.E.Z.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 6 of 10
101-103-002230
5223 KALI COURT NE
374.11
Utility Bill
101-103-002290
5226 KALI COURT NE
607.50
Utility Bill
101-103-002240
5227 KALI COURT NE
799.08
Utility Bill
101-103-002250
5231 KALI COURT NE
307.00
Utility Bill
101-070-004070
5382 KAHL AVENUE NE
456.73
Utility Bill
101-055-002180
5403 KALENDA DRIVE NE
171.10
Utility Bill
101-070-002050
5413 KAGAN AVENUE NE
192.34
Utility Bill
101-079-002070
5414 KALI AVENUE NE
1,035.85
Utility Bill
101-070-003070
5433 KAHL AVENUE NE
139.82
Utility Bill
101-055-002160
5433 KALENDA DRIVE NE
169.62
Utility Bill
101-070-004040
5436 KAHL. AVENUE NE
140.86
Utility Bill
101-079-002050
5438 KALI AVENUE NE
369.26
Utility Bill
101-079-002130
5439 KALLAND AVENUE NE
420.13
Utility Bill
01-079-001060
5455 KALI AVENUE NE
595.38
Utility Bill
101-074-002200
5457 JASON COURT NE
234.46
Utility Bill
101-070-002030
5457 KAGAN AVENUE NE
154.90
Utility Bill
101-070-002020
5479 KAGAN AVENUE NE
431.49
Utility Bill
101-065-007030
5492 LAMBERT AVENUE NE
49.93
Utility Bill
101-065-007040
5494 LAMBERT AVENUE NE
464.08
Utility Bill
5501 KAGAN AVENUE NE
276.27
Utility Bill
101-063-001030
5517 KAHLER DRIVE NE
183.57
Utility Bill
101-063-004020
5534 KAHLER DRIVE NE
215.06
Utility Bill
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Certification of Outstanding UBs RCA.doc �y
Agenda Item No. 9.E.G.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 7 of 10
101-063-001010
__
5545 KAHLER DRIVE NE
- - __- -
565.72
Utility Bill
101-063-004010
5548 KAHLER DRIVE NE
228.00
Utility Bill
101-011-002150
5553 55TH CIRCLE NE
253.61
Utility Bill
101-011-006040
5556 LANNON AVENUE NE
93.18
Utility Bill
101-051-003100
5569 KALENDA DRIVE NE
579.10
Utility Bill
101-051-006010
5605 KALLAND AVENUE NE
225.46
Utility Bill
101-066-002030
5624 LACHMAN AVENUE NE
200.08
Utility Bill
101-011-005020
5627 LANNON AVENUE NE
164.54
Utility Bill
101-045-009090
5692 KAHLER DRIVE NE
79.57
Utility Bill
101-045-004030
5715 KALLAND AVENUE NE
116.92
Utility Bill
101-045-001020
5774 KALLAND AVENUE NE
107.33
Utility Bill
101-500-012108
5785 MAIN AVENUE NE
130.09
Utility Bill
101-050-001080
5930 KALLAND AVENUE NE
205.21
Utility Bill
101-050-001070
5942 KALLAND AVENUE NE
302.79
Utility Bill
101-029-003170
5970 KALLAND CIRCLE NE
187.79
Utility Bill
101-050-002020
5987 KALLAND AVENUE NE
158.28
Utility Bill
101-050-001030
5990 KALLAND AVENUE NE
107.36
Utility Bill
101-029-004100
5999 KALLAND CIRCLE NE
171.10
Utility Bill
101-029-004090
6013 KALLAND CIRCLE NE
155.53
Utility Bill
101-029-004090
6013 KALLAND CIRCLE NE
124.20
Utility Bill
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Certification of Outstanding UBs RCA.doc r
Agenda Item No. 9..1�.r.2.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 8 of 10
101-050-001010
6014 KALLAND AVENUE NE
185.88
Utility Bill
101-500-364310
6041 LARGE AVENUE NE
255.74
Utility Bill
101-500-364310
6041 LARGE AVENUE NE
223.84
Utility Bill
101-029-004120
6078 KALLAND DRIVE NE
140.29
Utility Bill
101-097-005080
6115 KAITLIN AVENUE NE
189.22
Utility Bill
101-029-001120
6115 KALLAND DRIVE NE
444.26
Utility Bill
101-036-003040
6116 KALENDA LANE NE
174.54
Utility Bill
01-029-003070
6120 KALLAND CIRCLE NE
119.59
Utility Bill
101-036-003020
6148 KALENDA LANE NE
245.62
Utility Bill
101-029-001090
6151 KALLAND DRIVE NE
65.58
Utility Bill
101-029-001070
6175 KALLAND DRIVE NE
123.65
Utility Bill
101-097-006030
6179 KARMEN AVENUE NE
879.30
Utility Bill
101-097-003040
6194 KARMEN AVENUE NE
84.70
Utility Bill
101-036-001030
6210 KALENDA LANE NE
127.57
Utility Bill
101-036-001040
6236 KALENDA LANE NE
178.54
Utility Bill
101-042-002120
6260 KAHLER DRIVE NE
246.00
Utility Bill
101-042-001120
6269 KAHLER DRIVE NE
145.78
Utility Bill
101-097-003110
6283 KAHL AVENUE NE
61.70
Utility Bill
101-042-002070
6304 KAHLER DRIVE NE
443.81
Utility Bill
101-042-001010
6379 KAHLER DRIVE NE
333.47
Utility Bill
101-069-002560
6392 64TH LANE NE
759.93
Utility Bill
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Certification of Outstanding UBs RCA.doc Agenda Item No. 9.E.2.
Meeting Date November 2, 2009
Mayor and Council Communication.— October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 9 of 10
101-069-002550
6394 64TH LANE NE
155.50
Utility Bill
101-104-001010
6420 64TH STREET NE
116.26
Utility Bill
101-104-001020
6424 64TH STREET NE
186.41
Utility Bill
101-104-001020
6424 64TH STREET NE
489.44
Utility Bill
101-104-001050
6432 64TH STREET NE
71.57
Utility Bill
101-104-001070
6444 64TH STREET NE
136.67
Utility Bill
101-101-001020
6612 LAMPLIGHT DRIVE NE
288.35
Utility Bill
101-013-001041
5772 Main Ave
$46.13
delinquent
invoices
101-029-004090
6013 Kalland Circle
$100.00
delinquent
invoices
101-043-001020
5479 Main Ave
$321.44
delinquent
invoices
101-045-003020
5649 Kalland Ave
$542.72
delinquent
invoices
101-045-008050
10741 58th St
$116.29
delinquent
invoices
101-045-008130
10593 58th St
$321.52
delinquent
invoices
101-053-002050
10202 Karston Ave
$537.06
delinquent
invoices
101-060-001010
Albertville Outlet Mall
$1,242.87
delinquent
invoices
101-079-002100
5381 Kalland Ave
$108.66
delinquent
invoices
101-079-002110
5397 Kalland Ave
$108.66
delinquent
invoices
101-079-005010
Quality Title Bldge
$247.50
delinquent
invoices
101-093-011070
11697 E Laketowne Dr
$217.32
delinquent
invoices
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Certification of Outstanding UBs RCA.doc Agenda Item No. 9..f ��++ r.2.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance - Approval of the 2009 Certification of
Uncollected Utility Bills and Outstanding Invoices Page 10 of 10
101-097-002020
10460 62nd St
$486.13
delinquent
--
invoices
101-097-002050
10526 62nd St
$325.98
delinquent
invoices
101-097-005060
6169 Kaitlin Ave
$108.66
delinquent
invoices
101-098-002070
6684 Lamplight Dr
$116.29
delinquent
invoices
101-103-002210
5204 Kalenda Ct
$107.77
delinquent
invoices
101-103-002350
5240 Kalland Ct
$107.77
delinquent
invoices
101-110-002190
6900 Lydia Circle
$54.17
delinquent
invoices
101-138-001020
11166 Co. Rd 37
$52878
delinquent
invoices
101-500-011206
5794 Main Ave
$46.13
delinquent
invoices
101-500-023401
Vacant Parcel
$541.52
delinquent
invoices
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Certification of Outstanding UBs RCA.doc
Agenda Item No. 9.E.2.
Meeting Date November 2, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-040
A RESOLUTION CERTIFYING THE 2009 LIST OF
UNCOLLECTED UTILITY BILLS AND OUTSTANDING INVOICES TO
WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES
WHEREAS, the City Council is desirous of collecting all charges for the use of the wastewater
treatment facility, the storm water system, and water department; and
WHEREAS, the City Council has determined that some sewer, storm water, water accounts and
invoices remain uncollected and delinquent; and
NOW, THERFORE, BE IT RESOLVED the City Council of Albertville, Wright County,
Minnesota, hereby directs the Finance Director to certify all uncollected invoices, uncollected
sewer, storm water, and water, accounts that have not been paid to the City before Sunday,
November 15, 2009, to the Wright County Auditor for collection with real estate taxes.
Exhibit A attached
BE IT FURTHER RESOLVED, the City Council hereby orders that delinquent accounts
certified to the tax rolls will be assessed a ten percent (10%) interest charge by the city upon
certification and the total assessment will be collectible along with the 2009 taxes.
Adopted by the City Council of the City of Albertville this 2nd day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
City of Albertville
County of Wright
Resolution No. 2009-040
Page 2
Exhibit A
2009 LIST OF UNCOLLECTED
UTILITY BILLS AND OUTSTANDING INVOICES
Parcel
Property Address
Balance
Certification
101-085-002060
10221 49TH STREET NE
413.37
Utility BIII
101-085-002070
1023749TH STREET NE
399.29
Utility BIII
101-090-002030
10254 KARSTON COURT NE
284.61
Utility BIII
101-053-007050
10295 KARSTON AVENUE NE
62.92
Utility BIII
101-053-007020
10309 KARSTON AVENUE NE
411.94
Utility BIII
101-069-001090
1035864TH STREET NE
125.33
Utility BIII
101-071-003140
10359 52ND STREET NE
182.06
Utility BIII
101-069-002520
10385 64TH STREET NE
127.38
Utility BIII
101-097-001020
10390 62ND STREET NE
669.20
Utility BIII
101-081-002340
10398 KALI AVENUE NE
50.50
Utility BIII
101-048-003070
10413 61ST STREET NE
302.63
Utility BIII
101-085-004020
10416 49TH STREET NE
168.40
Utility Bill
101-069-002480
10431 64TH WAY NE
152.50
Utility BIII
101-087-001020
10436 64TH LANE NE
284.68
Utility BIII
101-068-001070
10452 KARSTON CIRCLE NE
663.12
Utility BIII
Utility Bill
101-097-002020
10460 62ND STREET NE
391.59
101-087-001060
Utility Bill
10460 64TH LANE NE
134.26
101-087-001080
Utility Bill
10472 64TH LANE NE
255.65
101-048-003110
Utility Bill
10479 61ST STREET NE
142.65
101-087-001460
Utility Bill
10479 64TH LANE NE
155.17
101-071-004040
Utility Bill
10484 52ND STREET NE
218.28
101-097-004010
Utility Bill
10493 61 ST PLACE NE
490.59
01-087-001140
10522 64TH LANE NE
242.12
Utility BIII
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
50
City of Albertville
County of Wright
Resolution No. 2009-040
Page 3
101-084-001130
101-062-004190
101-087-001360
101-071-005010
101-069-002180
101-062-005030
101-062-005030
101-097-002060
101-069-002290
101-097-004110
101-096-007180
101-045-009110
101-097-004130
101-054-001050
101-096-001050
101-054-001060
101-071-005030
101-045-008130
101-087-001260
101-045-009060
101-055-002010
101-071-006100
Utility Bill
10529 JASON LANE NE
125.54
Utility Bill
10538 KARSTON AVENUE NE
238.82
Utility Bin
10539 64TH LANE NE
125.33
Utility Bill
10542 51ST STREET NE
344.66
Utility Bill
10542 64TH WAY NE
121.02
Utility Bill
10545 KARSTON AVENUE NE
130.46
Utility Bill
10545 KARSTON AVENUE NE
77.00
Utility Bill
10548 62ND STREET NE
319.83
Utility Bill
10561 64TH WAY NE
149.43
Utility Bill
10563 62ND STREET NE
144.16
Utility Bill
10572 48TH STREET NE
216.27
Utility Bill
10572 56TH STREET NE
161.30
Utility Bill
10579 62ND STREET NE
773.39
Utility Bill
10579 KARSTON AVENUE NE
202.46
Utility Bill
10582 49TH STREET NE
648.91
Utility Bill
10583 KARSTON AVENUE NE
348.42
Utility Bill
10586 51ST STREET NE
238.42
Utility Bill
10593 58TH STREET NE
70.00
Utility Bill
10599 64TH LANE NE
127.58
Utility Bill
10601 57TH STREET NE
344.47
Utility Bill
10601 KARSTON AVENUE NE
713.67
Utility Bill
10606 50TH COURT NE
202.03
M:Tublic Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
51
City of Albertville
County of Wright
Resolution No. 2009-040
Page 4
101-051-002020
Utility Bill
10614 KARSTON AVENUE NE
176.50
101-071-006020
Utility Bill
10615 51ST STREET NE
63.97
101-055-002020
Utility Bill
10617 KARSTON AVENUE NE
70.66
101-055-002020
Utility Bill
10617 KARSTON AVENUE NE
70.00
101-040-003070
Utility Bill
10630 KALLAND DRIVE NE
813.84
101-045-007120
Utility Bill
10632 58TH STREET NE
52.98
101-071-005050
Utility Bill
10634 51 ST STREET NE
205.92
101-040-005040
Utility Bill
10635 KALLAND DRIVE NE
240.66
101-040-003030
Utility Bill
10641 61 ST STREET NE
108.68
101-045-008180
Utility Bill
10666 57TH STREET NE
323.00
101-045-010020
Utility Bill
10667 56TH STREET NE
156.19
101-040-003150
Utility Bill
10700 KALLAND DRIVE NE
416.38
101-045-008220
Utility Bill
10740 57TH STREET NE
52.98
101-096-005130
1Utility
Bill
1077549TH COURT NE
1,111.56
101-045-008240
Utility Bill
10780 57TH STREET NE
523.27
101-051-005010
Utility Bill
10831 KANTAR COURT NE
72.42
101-079-004050
Utility Bill
10883 53RD STREET NE
599.17
101-044-002010
Utility Bill
11210 54 1/2 ST NE
199.41
101-027-002010
Utility Bill
11340 54 1/2 ST NE
261.40
101-016-003010
Utility Bill
11420 54TH STREET NE
289.75
101-500-012119
Utility Bill
11423 60TH STREET NE
559.53
101-500-011314
Utility Bill
11600 57TH STREET NE
195.60
101-022-003010
Utility Bill
11646 54TH STREET NE
75.10
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
52
City of Albertville
County of Wright
Resolution No. 2009-040
Page 5
1.01-022-005050
Utility Bill
11727 54TH STREET NE
520.72
101-124-001070
Utility Bill
12183 59TH CIRCLE NE
104.00
101-085-003070
Utility Bill
4904 KAHLER BAY NE
261.96
101-085-003190
Utility Bill
4906 KAGAN AVENUE NE
335.95
101-096-007210
Utility Bill
4932 KALENDA AVENUE NE
282.24
101-096-006070
Utility Bill
4947 KASSEL AVENUE NE
166.20
101-081-003090
Utility Bill
4975 KAISER AVENUE NE
21.63
101-085-001020
Utility Bill
4981 KAGAN AVENUE NE
727.80
101-081-002230
Utility Bill
5030 KAHLER COURT NE
350.21
101-081-001140
Utility Bill
5037 KAGAN AVENUE NE
466.05
101-081-002120
Utility Bill
5048 KAHL AVENUE NE
191.83
101-081-002200
Utility Bill
5058 KAHLER COURT NE
252.96
101-081-002180
Utility Bill
5061 KAHLER COURT NE
401.17
101-081-001090
Utility Bill
5077 KAHL AVENUE NE
177.42
101-024-003010
Utility Bill
5099 MAIN AVENUE NE
70.00
101-071-003340
Utility Bill
5139 KALI AVENUE NE
189.63
101-022-007050
Utility Bill
5186 LANNON AVENUE NE
176.22
101-103-002200
Utility Bill
5208 KALENDA COURT NE
239.43
101-103-002170
Utility Bill
5213 KALENDA COURT NE
358.57
101-071-003040
Utility Bill
5222 KAHL AVENUE NE
62.86
101-103-002230
Utility Bill
5223 KALI COURT NE
374.11
101-103-002290
Utility Bill
5226 KALI COURT NE
607.50
101-103-002240
Utility Bill
5227 KALI COURT NE
799.08
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
53
City of Albertville
County of Wright
Resolution No. 2009-040
Page 6
101-103-002250
101-070-004070
101-055-002180
101-070-002050
101-079-002070
101-070-003070
101-055-002160
101-070-004040
101-079-002050
101-079-002130
01-079-001060
101-074-002200
101-070-002030
101-070-002020
101-065-007030
101-065-007040
101-063-001030
101-063-004020
101-063-001010
101-063-004010
101-011-002150
101-011-006040
5231 KALI COURT NE
5382 KAHL AVENUE NE
5403 KALENDA DRIVE NE
5413 KAGAN AVENUE NE
5414 KALI AVENUE NE
5433 KAHL AVENUE NE
5433 KALENDA DRIVE NE
5436 KAHL AVENUE NE
5438 KALI AVENUE NE
5439 KALLAND AVENUE NE
5455 KALI AVENUE NE
5457 JASON COURT NE
5457 KAGAN AVENUE NE
5479 KAGAN AVENUE NE
5492 LAMBERT AVENUE NE
5494 LAMBERT AVENUE NE
5501 KAGAN AVENUE NE
5517 KAHLER DRIVE NE
5534 KAHLER DRIVE NE
5545 KAHLER DRIVE NE
5548 KAHLER DRIVE NE
5553 55TH CIRCLE NE
5556 LANNON AVENUE NE
Utility Bill
307.00
Utility Bill
456.73
Utility Bill
171.10
Utility Bill
192.34
Utility Bill
1,035.85
Utility Bill
139.82
Utility Bill
169.62
Utility Bill
140.86
Utility Bill
369.26
Utility Bill
420.13
Utility Bill
595.38
Utility Bill
234.46
Utility Bill
154.90
Utility Bill
431.49
Utility Bill
49.93
464.08
Utility Bill
Utility Bill
276.27
Utility Bill
183.57
Utility Bill
215.06
Utility Bill
565.72
Utility Bill
228.00
Utility Bill
253.61
Utility Bill
93.18
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
54
City of Albertville
County of Wright
Resolution No. 2009-040
Page 7
101-.051-0031_0.0 -
_
Utility Bill
5569 KALENDA DRIVE NE
579.10
101-051-006010
Utility Bill
5605 KALLAND AVENUE NE
225.46
101-066-002030
Utility Bill
5624 LACHMAN AVENUE NE
200.08
101-011-005020
Utility Bill
5627 LANNON AVENUE NE
164.54
101-045-009090
Utility Bill
5692 KAHLER DRIVE NE
79.57
101-045-004030
Utility Bill
5715 KALLAND AVENUE NE
116.92
101-045-001020
Utility Bill
5774 KALLAND AVENUE NE
107.33
101-500-012108
Utility Bill
5785 MAIN AVENUE NE
130.09
101-050-001080
Utility Bill
5930 KALLAND AVENUE NE
205.21
101-050-001070
Utility Bill
5942 KALLAND AVENUE NE
302.79
101-029-003170
Utility Bill
5970 KALLAND CIRCLE NE
187.79
101-050-002020
Utility Bill
5987 KALLAND AVENUE NE
158.28
101-050-001030
Utility Bill
5990 KALLAND AVENUE NE
107.36
101-029-004100
Utility Bill
5999 KALLAND CIRCLE NE
171.10
101-029-004090
Utility Bill
6013 KALLAND CIRCLE NE
155.53
101-029-004090
Utility Bill
6013 KALLAND CIRCLE NE
124.20
101-050-001010
Utility Bill
6014 KALLAND AVENUE NE
185.88
101-500-364310
Utility Bill
6041 LARGE AVENUE NE
255.74
101-500-364310
Utility Bill
6041 LARGE AVENUE NE
223.84
101-029-004120
Utility Bill
6078 KALLAND DRIVE NE
140.29
101-097-005080
Utility Bill
6115 KAITLIN AVENUE NE
189.22
101-029-001120
Utility Bill
6115 KALLAND DRIVE NE
444.26
M:Tublic Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
55
City of Albertville
County of Wright
Resolution No. 2009-040
Page 8
101-036-003040
_ _
Utility Bill
6116 KALENDA LANE NE
174.54
01-029-003070
Utility Bill
6120 KALLAND CIRCLE NE
119.59
101-036-003020
Utility Bill
6148 KALENDA LANE NE
245.62
101-029-001090
Utility Bill
6151 KALLAND DRIVE NE
65.58
101-029-001070
Utility Bill
6175 KALLAND DRIVE NE
123.65
101-097-006030
Utility Bill
6179 KARMEN AVENUE NE
879.30
101-097-003040
Utility Bill
6194 KARMEN AVENUE NE
84.70
101-036-001030
Utility Bill
6210 KALENDA LANE NE
127.57
101-036-001040
Utility Bill
6236 KALENDA LANE NE
178.54
101-042-002120
Utility Bill
6260 KAHLER DRIVE NE
246.00
101-042-001120
Utility Bill
6269 KAHLER DRIVE NE
145.78
101-097-003110
Utility Bill
6283 KAHL AVENUE NE
61.70
101-042-002070
Utility Bill
6304 KAHLER DRIVE NE
443.81
101-042-001010
Utility Bill
6379 KAHLER DRIVE NE
333.47
101-069-002560
Utility Bill
6392 64TH LANE NE
759.93
101-069-002550
Utility Bill
6394 64TH LANE NE
155.50
101-104-001010
Utility Bill
6420 64TH STREET NE
116.26
101-104-001020
Utility Bill
6424 64TH STREET NE
186.41
101-104-001020
Utility Bill
6424 64TH STREET NE
489.44
101-104-001050
Utility Bill
6432 64TH STREET NE
71.57
101-104-001070
Utility Bill
6444 64TH STREET NE
136.67
101-101-001020
6612 LAMPLIGHT DRIVE NE
288.35
Utility Bill
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
56
City of Albertville
County of Wright
Resolution No. 2009-040
Page 9
101-013-001041 5772 Main Ave
101-029-004090
6013 Kalland Circle
101-043-001020
5479 Main Ave
101-045-003020
5649 Kalland Ave
101-045-008050
10741 58th St
101-045-008130
10593 58th St
101-053-002050
10202 Karston Ave
101-060-001010
Albertville Outlet Mall
101-079-002100
5381 Kalland Ave
101-079-002110
5397 Kalland Ave
101-079-005010
Quality Title Bldge
101-093-011070
11697 E Laketowne Dr
101-097-002020
10460 62nd St
101-097-002050
10526 62nd St
101-097-005060
6169 Kaitlin Ave
101-098-002070
6684 Lamplight Dr
101-103-002210
5204 Kalenda Ct
101-103-002350
5240 Kalland Ct
delinquent
$46.13 invoices
delinquent
$1oo.00 invoices
delinquent
$321.44 Invoices
delinquent
$542,72 invoices
delinquent
$116.29 invoices
delinquent
$321.52 invoices
delinquent
$537.06 invoices
delinquent
$1,242.87 invoices
delinquent
$108.66 invoices
delinquent
$108.66 invoices
delinquent
$247.50 invoices
delinquent
$217.32 invoices
delinquent
$486.13 invoices
delinquent
$325.98 invoices
delinquent
$108.66 invoices
delinquent
$116.29 invoices
delinquent
$107.77 invoices
delinquent
$107.77 invoices
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
57
City of Albertville
County of Wright
Resolution No. 2009-040
Page 10
101-110-002190
101-138-001020
101-500-011206
101-500-023401
delinquent
6900 Lydia Circle
$54.17
Invoices
delinquent
11166 Co. Rd 37
$528,78
invoices
delinquent
5794 Main Ave
$46.13
invoices
delinquent
Vacant Parcel
$541.52
invoices
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-040 (09 Certification of Deliquent UBs & Inv).doc
>,lbertville Mayor and Council Communication
--- __ - ---October 27, 2 ---
SUBJECT: FINANCE DEPARTMENT — UTILITY RATES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion: approve Resolution No. 2009-034 entitled a Resolution Setting Water Utility Rates,
increasing the rate for the water utility as follows effective January 1, 2010.
Monthly Rates
0-3,333 Gallons $4.13
3,334-6,667 gal. $.78 per 1,000 over 3,333
6,668-11,667 gal. $.83 per 1,000 over 6,667
Over 11,668 gal. $.89 per 1,000 over 11,668
Motion: approve Resolution No. 2009-035 entitled a Resolution Setting Sewer Utility Rates,
increasing the rate for the sewer utility as follows effective January 1, 2010.
Monthly Rates
0-5,000 Gallons $17.87
Over 5,000 gal. $.36 per 1,000
BACKGROUND: The City of Albertville has not raised water or sewer rates since 2006 and the
intention was to raise rates between 2-3% annually for both rates, which would have resulted in a
6% increase on average on the resident's bill. Since the rates have not been raised since 2006 it
creates a larger increase needed today. The rates proposed would create on average a 12%
increase in the residents bill.
For the past three years the sewer fund operations have been using the sewer fund reserve in the
amount of $119,000 annually. The fund balance is $3,752,713 which a large portion of this
balance is to fund sewer revenue bonds, debt service. There is also $630,000 reserved for future
capital.
For the past three years the water fund operation has been using the water fund reserve in the
amount of $27,000 annually. The fund balance is $856,390 of which $260,000 is reserved for
future capital.
Looking at the depleted fund balance in the general fund, the City of Albertville does not want to
have any more funds under the needed reserve.
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Finance utility rates (RCA).doc
Agenda Item No. 9.E.3.
Meeting Date November 2, 2009
Mayor and Council Communication — October 27, 2009
Finance — Utility Rates Page 2 of 2
KEY ISSUES:
• Have not raised rates since 2006
• Using fund reserves annually
• These are enterprise funds and they need to be self supporting.
• There is a need to reserve capital in these funds for large projects on replacing water and
sewer mains, for example Main Ave. NE.
• Share cost savings by passing the savings on to the residents who sign up for e-bill and/or
Auto Pay (ACH).
PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve
any rate changes for utilities.
FINANCIAL CONSIDERATIONS: Since the City of Albertville has not maintained the long
range plan of small water/sewer increases each year of 2-3%, especially having no increases
since 2006 creates a larger increase to catch back up to the plan; on average a resident's bill will
increase 12%. Water/sewer rates cover not only operating expenses annually, but capital
improvement for the future and maintenance. The City of Albertville has not kept up with the
cost of inflation on the water/sewer rates so we are starting to use reserves in the fund for
operation. To help offset the increases needed, staff recommends passing on the cost savings to
the residents if they sign up for e-billing and auto pay (ACH). There is a need to have these
funds be self supporting along with building up capital reserve for future projects.
LEGAL CONSIDERATIONS: none
Respectfully submitted,
Larry R. e
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Resolution No. 2009-034 and Resolution No. 2009-035
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Finance utility rates (RCA).doc
Agenda Item No. 9.E.3.
Meeting Date November 2, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2009-034
RESOLUTION SETTING WATER UTILITY RATES
WHEREAS, the Albertville City Council sets the Water Utility rates by resolution; and
NOW, THEREFORE, the City Council hereby sets the Water Utility Rates effective for bills sent
in January 2010 as follows:
Monthly Rates
0-3,333 Gallons $4.13
3,334-6,667 gal. $.78 per 1,000 over 3,333
6,668-11,667 gal. $.83 per 1,000 over 6,667
Over 11,668 gal. $.89 per 1,000 over 11,668
Adopted by the City Council of the City of Albertville this 2"d day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
61
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-035
RESOLUTION SETTING SEWER UTILITY RATES
WHEREAS, the Albertville City Council sets the Water Utility rates by resolution; and
NOW, THEREFORE, the City Council hereby sets the Water Utility Rates effective for bills sent
in January 2010 as follows:
Monthly Rates
0-5,000 Gallons $17.87
Over 5,000 gal. $.36 per 1,000
Adopted by the City Council of the City of Albertville this 2"d day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
63
A,lbertvij]e Mayor and Council Communication
sff,or 'r u�. ep 43w un..
October 27, 2009
SUBJECT: FINANCE - REALLOCATION OF DONATUS VETSCH ASSESSMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion approve Resolution No 2009-041 entitled a Resolution Reallocating the Assessment for
Downtown Railroad Land Exchange parcel 101-013-001091.
BACKGROUND: In November 2008, the City approved assessing the Downtown Railroad
Land Exchange charges in the amount of $3,689 for 11572 57th Street over a 2 year period at an
interest rate of 4%. Donatus Vetsch has requested an extension, reallocation, of the remaining
assessment balance of $1,844.50 over the next 2 years at the interest rate of 4%.
KEY ISSUES:
• The assessment is a safe investment collateralized by the land.
POLICY CONSIDERATIONS:
The City Council evaluates assessment opportunities on a case by case basis and does not have a
formal Assessment Policy. The City Council has the authority to assess charges and reallocate
charges over a term and at such rate to be determined by the City Council.
FINANCIAL CONSIDERATIONS:
The $1,844.50 assessment extension impact on the city just increases the collection of the
balance by 1 year, but earns an interest rate of 4%. Currently the city can invest funds at .8%.
LEGAL CONSIDERATIONS:
Minnesota State Statute 429 provides the opportunity to assess benefited properties. From a legal
perspective, the City has the ability to assess this project at any agreeable term and rate.
Respectfully submitted,
/�' "" " �4a�..
Larry R. se
City Administrator
Department/Responsible Person: Finance — Tina Lannes, Finance Director
Attachments: Resolution No. 2009-041
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Donatus Vetsch Assessment reallocation.doc
Agenda Item No. 9.E.4.
Meeting Date November 2, 2009
City of Albertville
County of Wright
Resolution No. 2009-041
Page 1
-- CITY OF ALBERTVILLE-- -
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-041
A RESOLUTION REALLOCATING THE ASSESSMENT FOR
DOWNTOWN RAILROAD LAND EXCHANGE PARCEL 101-013-001091
WHEREAS, pursuant to an agreement with the owner of 101-013-001091, 11572 57TH Street NE
And WHEREAS, the remaining portion of the assessments adopted by Resolution No 2008-56 be
reallocated over 2 years beginning taxes payable 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. The total assessed amount of $1,844.50 is to be reallocated.
3. The assessment levied by this resolution shall be payable in equal annual principal
installments extending over a period of two years, the first of the installments to be payable
on or before the First Monday January 2010, and shall bear interest at a rate of 4% per
annum from the date of December 31, 2009. To each subsequent installment when due
shall be added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
.:
City of Albertville
County of Wright
Resolution No. 2009-041
Page 2
5. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 2nd day of November, 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
67
City of Albertville
County of Wright
Resolution No. 2009-041
Page 3
ASSESSMENT ROLL
PID # Property Owner Assessment Amt.
101-013-001091 11572 57th Street Donatus Vetsch $1,844.50
bertvi l 1
�c
&.",�ft atV W-
Mayor and Council Communication
October 27, 2009
SUBJECT: 0 FINANCE - REALLOCATION OF PERKINS SAC AND WAC ASSESSMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion approve Resolution No 2009-042 entitled Resolution Reallocating the Assessment for
SAC and WAC charges to Lot 5, Block 1, Shoppes of Towne Lakes II parcel 101-116-001050.
BACKGROUND: In November 2006, the City approved assessing the SAC/WAC charges in
the amount of $127,650 for Perkins over a 5 year period at an interest rate of 6.5%. Perkins has
requested an extension, reallocation, of the remaining assessment balance of $51,060 over the
next 5 years at the interest rate of 6.5%.
KEY ISSUES:
• The assessment is a safe investment collateralized by the land.
POLICY CONSIDERATIONS: The City Council evaluates assessment opportunities on a
case by case basis and does not have a formal Assessment Policy. The City Council has the
authority to assess charges and reallocate charges over a term and at such rate to be determined
by the City Council.
FINANCIAL CONSIDERATIONS: The $51,060 assessment extension impact on the city just
increases the collection of the balance by 3 years, but earns an interest rate of 6.5%. Currently
the city can invest funds at .8%.
LEGAL CONSIDERATIONS: Minnesota State Statute 429 provides the opportunity to assess
benefited properties. From a legal perspective, the City has the ability to assess this project at any
agreeable term and rate.
Respectfully submitted,
Larry R. Kruse
City Administrator
Department/Responsible Person: Finance — Tina Lannes, Finance Director
Attachments: Resolution No. 2009-042
M:\Public Data\Requests for Council Actions (RCA)\2009\I 1 02 2009 Perkins Assessment reallocation. doc
Agenda Item No. 9..E. 5.
Meeting Date November 2, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OFMINNESOTA
RESOLUTION NO.2009-042
A RESOLUTION REALLOCATING THE ASSESSMENT FOR
SEWER ACCESS CHARGES (SAC) AND
CITY'S PORTION OF WATER ACCESS CHARGES (WAC)
TO LOT 5, BLOCK 1, SHOPPES AT TOWNE LAKES TWO
WHEREAS, pursuant to an agreement with the owner of Lot 5, Block 1, Shoppes at Towne Lakes
Two said owner has requested that the City of Albertville special assess Sewer Access Charges
(SAC) and the City portion of Water Access Charges (WAC) against said Lot 5, Block 1.
And WHEREAS, the remaining portion of the assessments adopted by Resolution No 2006-51 be
reallocated over 5 years beginning taxes payable 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. The total assessed amount of $51,060 is to be reallocated.
3. The assessment levied by this resolution shall be payable in equal annual principal
installments extending over a period of five years, the first of the installments to be payable
on or before the First Monday January 2010, and shall bear interest at a rate of 6.5% per
annum from the date of December 31, 2009. To each subsequent installment when due
shall be added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
70
City of Albertville
County of Wright
Resolution No. 2009-042
Page 2
5. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 2nd day of November, 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
71
City of Albertville
County of Wright
Resolution No. 2009-042
Page 3
ASSESSMENT ROLL =
PID # Property Owner Assessment Amt.
101-116-001050 Lot 5, Block 1, JLC Properties of $51,060.00
72
Nlbertville
s—W Tw UAW We 43ty Ur -
Mayor and Council Communication
October 22, 2009
SUBJECT: 0 CITY CLERK —NEW LIQUOR LICENSES RENEWALS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider
adopting 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 ALL G, LLC for Heidi's Brew Wine
& Spirits contingent upon passing the Bureau of Criminal Apprehension (BCA) Background
Check and approval from the Minnesota Department of Alcohol and Gambling.
BACKGROUND: Mr. Rob Nelson has submitted a New application for an Off -Sale
Intoxicating Liquor License for the address of 11850 — 62nd Street NE within the Albertville city
limits. This is being submitted as a New Application versus a transfer of a pre-existing Liquor
License. The current Off -Sale Liquor License under the name of Hack's Liquor will become
inactive upon the receipt of the approved Liquor License from the State of Minnesota for Heidi's
Brew Wine & Spirits.
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.
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,
Larry Rse
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: none
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 Clerk Heidis Brew, Wine -n- Spirits Liq Lic New.doc
Agenda Item No. 9..F. I..
Meeting Date November 2, 2009
7
�lbcrtvillc Mayor and Council Communication
October 199 200-
SUBJECT: PLANNING - REVIEW OF OUTDOOR DINING CUPS —152 CLUB & GEEZ SPORTS
BAR
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion adopt Resolution No. 2009-043 entitled a Resolution requiring the installation of a fence
along the property line of the 152 Club and Geez Sports Bar and Grill.
BACKGROUND: The City approved an outdoor dining conditional use permit for Geez Sports
Bar and Grill in July of 2007 and an outdoor dining and recreational activity conditional use
permit for 152 Club in July of 2008. Both were approved based on the condition that the permits
would be re-evaluated within one year to determine if any nuisance issues were occurring.
KEY ISSUES: Since the approval of the outdoor dining permits, the following
comments/complaints have been received by the City:
• Noise complaints during special events — may have been due to the directions the
speakers were facing.
• Headlight glare into homes.
• Dust nuisances.
• Inappropriate driving (donuts) within the gravel parking area, which flings mud onto
privately -owned buildings.
• Inappropriate activity on private property (sexual activity and leaving condoms, feminine
hygiene products, etc. on private property).
• Bar customers accessing the establishments via private property.
• Suggest the city review the special event setups prior to the events in order to enforce
requirements.
• Suggest a fence to separate residential from commercial properties.
POLICY CONSIDERATIONS: In accordance with Resolution 2007-66, approving a CUP for
Geez Sports Bar and Grill, and Resolution 2008-035, approving a CUP to re-establish the
existing outdoor dining and outdoor recreation activities at the 152 Club, the Planning
Commission re-evaluated the CUPS for nuisance issues at their October meeting. The Planning
Commission recommended that the City Council require the installation of a 6-foot high board -
on -board fence along the property line of Geez Sports Bar and Grill and 152 Club, subject to the
following conditions:
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Planning Geez & 152 Club Fence (RCA).doc
Agenda Item NoAHA.
Meeting Date November 2, 2009
Mayor and Council Communication — October 19, 2009
Planning — Outdoor Dining CUPs Reviewed Page 2 of 2
1. the fence shall extend from the existing Geez Sports Bar and Grill's outdoor patio fence
east 25 feet beyond the current improved parking areas;
2. the two establishments shall have a fence installation under contract by March 15, 2010
3. the fence installation shall be reviewed in conjunction with the liquor license reviews in
April;
4. the fence shall be installed by June 1, 2010; and
5. the City shall consider options to alleviate the financial burden on Geez and the 152 Club.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this
amendment.
LEGAL CONSIDERATIONS: There are no significant legal considerations related to this
review.
Respectfully submitted,
Larry Ruse
City Administrator
Department/Responsible Person: Planning/City Planner Alan Brixius
Attachments: Resolution No. 2009- Require Installation of a Fence at Geez and 152 Club and
Planning Report dated October 8, 2009
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 Planning Geez & 152 Club Fence (RCA).doc
Agenda Item No. 9.1..i. I..
Meeting Date November 2, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-043
RESOLUTION REQUIRING THE INSTALLATION OF
A FENCE ALONG THE PROPERTY LINE OF
GEEZ SPORTS BAR AND GRILL LOCATED AT 5788 MAIN AVENUE NE,
AND THE 152 CLUB LOCATED AT 5794 MAIN AVENUE NE
BOTH WITHIN THE CITY OF ALBERTVILLE.
WHEREAS, the City of Albertville has re-evaluated the outdoor dining conditional use permits
for Geez Sports Bar and Grill and the 152 Club for the properties legally described as follows:
N64 Ft of S138 Ft of W133 Ft ofN'/2 ofNE'/4 and
Lot 2, Block 1, Albertville Railway Exchange Plat, Albertville, Minnesota.
WHEREAS, the City approved an outdoor dining conditional use permit for Geez Sports Bar and
Grill in July of 2007; and
WHEREAS, the City approved an outdoor dining and recreational activity conditional use permit
for the 152 Club in July of 2008; and
WHEREAS, both CUPS were approved based on the condition that the permits would be re-
evaluated within one year to determine if any nuisance issues were occurring; and
WHEREAS, the City has received comments and complaints regarding the outdoor dining
permits; and
WHEREAS, City Staff has reviewed the planning report dated October 8, 2009 prepared by
Northwest Associated Consultants; and
WHEREAS, the Albertville Planning Commission met on October 13, 2009 to re-evaluate the
CUPs; and
WHEREAS, upon review of the staff report, the Planning Commission recommended that the
City Council require the installation of a 6-foot high board -on -board fence along the property line
that borders the shared parking lot and the single family homes, subject to the following
conditions: the fence shall extend from the existing Geez's outdoor patio fence east 25 feet beyond
the current improved parking areas; the two establishments shall have a fence installation under
contract by March 15, 2010; the fence installation shall be reviewed in conjunction with the liquor
license reviews in April; the fence shall be installed by June 1, 2010; and the City shall consider
options to alleviate the financial burden on Geez and the 152 Club; and
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-043 (152 Club & Geez Fence Installation).doc
77
City of Albertville
County of Wright
Resolution No. 2009-043
Page 2
WHEREAS, the Albertville City Council met on November 2, 2009 to review the existing CUPS;
and
WHEREAS, the Albertville City Council received the staff review documents and the Planning
Commission recommendation, agreed with the recommendation of the Planning Commission and
required the installation of a fence on the Geez and 152 Club property, subject to the listed
conditions; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota
hereby requires the installation of a 6-foot high board -on -board fence along the property line that
borders the shared parking lot of Geez Sports Bar and Grill and the 152 Club and the single family
homes.
Findings of Fact: Based on review of the evidence received, the City Council now makes the
following finding of fact and decision:
A. Geez Sports Bar and Grill shall be legally described as the N64 ft of S138 ft of W133 ft of
N1/2 of NE 1/4, Wright County, Minnesota.
B. The 152 Club can be legally described as Lot 2, Block 1, Albertville Railway Exchange Plat,
Wright County, Minnesota.
C. The planning report dated October 8, 2009 from Northwest Associated Consultants is
incorporated herein.
Decision: Based on the foregoing information and applicable ordinances, the City Council
APPROVES the fence installation requirement, subject to the following conditions:
l . Fence shall extend from the existing Geez's outdoor patio fence east 25 feet beyond the
current improved parking areas.
2. Both establishments shall have a fence installation under contract by March 15, 2010.
3. Fence installation shall be reviewed in conjunction with the liquor license reviews in
April.
4. The fence shall be installed by June 1, 2010.
Adopted by the Albertville City Council this _ day of November 2009.
Ron Klecker, Mayor
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-043 (152 Club & Geez Fence Installation). doe
78
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning-coat
PLANNING REPORT
TO: Larry Kruse
FROM: Carie Fuhrman / Alan Brixius
DATE: October 8, 2009
RE: Albertville — Review of Outdoor Dining CUPs — Geez & 152 Club
NAC FILE: 163.05
The City approved an outdoor dining conditional use permit for Geez Sports Bar and Grill in
July Of 2007 and an outdoor dining and recreational activity conditional use permit for 152 Club
in July of 2008. Both were approved based on the condition that the permits would be re-
evaluated within one year to determine if any nuisance issues were occurring.
Since the approval of the outdoor dining permits, the following comments/complaints have
been received by the city:
o Noise complaints during special events — may have been due to the directions the
speakers were facing.
o Headlight glare into homes.
o Dust nuisances.
o Inappropriate driving (donuts) within the gravel parking area, which flings mud onto
privately -owned buildings.
o Inappropriate activity on private property (sexual activity and leaving condoms, feminine
hygiene products, etc. on private property)
o Bar customers accessing the establishments via private property.
o Suggest the city review the special event setups prior to the events in order to enforce
requirements.
o Suggest a fence to separate residential from commercial properties.
The City is now re-evaluating these permits and bringing them back before the Planning and
Zoning Commission and City Council for their review.
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Item 4 Geez _152 Club Report 10.13.09 PZ Mtg.docM:\Public
Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Planning -Item 4 Geez-152 Club Report 10.13.09 PZ Mtg.doc
Agenda Item No. 9 A. I .
Meeting Date November 2, 2009
79
Enclosures:
Exhibit A — Aerial Photo
Exhibit B - Geez Sports Bar & Grill Letter
Exhibit C — Geez CUP Resolution
Exhibit D — 152 Club Letter
Exhibit E — 152 Club CUP Resolution
cc: Bridget Miller
Jon Sutherland
Tori Leonhardt
Mike Couri
Adam Nafstad
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Item 4 Geez _152 Club Report 10.13.09 PZ Mtg.docM:\Public
Data\City Council\Council Packet information\2009\I 1-02-09\1 102 2009 Planning -Item 4 Geez 152 Club Report 10.13.09 PZ Mtg. doe
Agenda Item No. 9.H. L
Meeting Date November 2, 2009
0
�bertville Mayor and Council Communication
Sw M 1- lh6,q. fi% 0t4 Uti.
October 19, 2009
SUBJECT: PLANNING - ZONING ORDINANCE AMENDMENT(S) — 1154TH STREET NE
REDEVELOPMENT STANDARDS"
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion adopt Ordinance No. 2009-017 (Amendment #1) entitled an Ordinance amending the
following Sections: 3250.6 (Lot Requirements and Setbacks); 3300.6 (Lot Requirements and
Setbacks); 3400.5 (Lot Requirements and Setbacks; 3500.5 (Lot Requirements and Setbacks);
3600.5 (Lot Requirements and Setbacks); 3700.5 (Lot Requirements and Setbacks); 3800.5 (Lot
Requirements and Setbacks); 3900.5 (Lot Requirements and Setbacks); and 4000.5 (Lot
Requirements and Setbacks) of the Albertville Zoning Ordinance (Appendix A) of the 2005
Albertville Municipal Code relating to reducing the required front yard setbacks in the residential
zoning districts;
and
Motion adopt Ordinance No. 2009-018 (Amendment #2) entitled an Ordinance amending
Section 1100.5 (Yards) of the Albertville Zoning Ordinance (Appendix A) of the 2005
Albertville Municipal City Code, relating to allowed yard encroachments;
and
Motion adopt Ordinance No. 2009-019 (Amendment #3) entitled an Ordinance amending
Section 1000.23 (Two -Family, Townhouse, Quadraminium, Multiple -Family Uses) of the
Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code,
relating to remodeling, renovating, and improving existing structures.
BACKGROUND: In review of a building permit application to update an existing townhouse,
issues came up regarding the redevelopment standards in the City's Zoning Ordinance. This
spurred discussion among staff concerning the possibility of providing greater flexibility for
building renovations or expansions in older neighborhoods of the community. Staff is interested
in offering an opportunity to expand the building envelope, while maintaining a continuity of
design throughout neighborhoods. Therefore, the following Ordinance amendments are
proposed:
I) Front and side yard setback reductions for residential districts;
II) Entryway encroachments into setbacks; and
III) Townhome redevelopment standards.
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Planning 54th Redevelopment Standards (RCA).doc
Agenda Item No. 9...[76..2.
Meeting Date November 2, 2009
Mayor and Council Communication —October 19, 2009
Planning — Zoning Ord Amend— 54TH Street Redevelopment Standards Page 2 of 3
KEY ISSUES:
__ Amendment # 1: All Residential Districts (except R-MH)
0 The following table illustrates the proposed front and side yard requirements for each
of the Residential Zoning Districts in Amendment 41:
Proposed Residential District Setbacks
Zoning
Front Yard Setback
Side Yard Setback
District
Interior Lot
Abutting Street
R-1A
30 ft
loft
30 ft
R-1
30 ft
10 ft
20 ft
R-2
30 ft
10 ft*
30 ft
R-3
30 ft
10 ft*
20 ft
R-4
30 ft — single, two-family, & townhouses
10 ft*
20 ft
35 ft — multi -family
R-5
30 ft — townhouses
loft
30 ft
35 ft — multi -family
R-6
30 ft— townhouses
loft
20 ft
35 ft — multi -family
R-7
30 ft — townhouses
loft
30 ft
35 ft — multi -family & other housing
ex: nursing homes & elderly housing)
R-8
30 ft — townhouses
10 ft*
20 ft
35 ft — multi -family & other housing
ex: nursing homes & elderly housin
*For single family dwelling units and two-family units: Not less than ten feet (10'), except a five-foot (5')
side yard setback is permitted for an attached garage and any living space constructed above the
attached garage footprint
Reducing the front yard setback FROM 35 feet to 30 feet (for single and two-family
units) still allows adequate room for two vehicles to be parked in tandem in the
driveway and still remain about 10 feet from the curb.
• Applying a 35 foot setback to all multiple -family dwelling units would help these
buildings minimize their impact on the views from the rights -of -way and surrounding
neighborhood.
Amendment #2: Section 1100.5A3 and 8
• Adds accessibility ramps and decks to the list of items that are not considered
encroachments on yard setbacks.
• Changes "ground floor level" to "first -floor entry" for clarification purposes.
• Clarifies the language regarding homes versus add -on entryways built prior to
January 1, 1989.
Amendment #3: Section 1000.23
• Adds standards for maintaining continuity in architectural design finishes and features
for existing two-family, townhouse, and multiple -family dwellings
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Planning 54th Redevelopment Standards (RCA).doc
Agenda Item No. 9.H..2.
Meeting Date November 2, 2009
Mayor and Council Communication —October 19, 2009
Planning — Zoning Ord Amend— 54TH Street Redevelopment Standards Page 3 of 3
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held by the Planning Commission. They recommended approval to the City
Council for the attached Ordinance Amendments.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this
amendment.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and
Council have the authority to amend Ordinances, which requires a majority vote of the City
Council and becomes effective upon publication.
Respectfully submitted,
Larry Rse
City Administrator
Department/Responsible Person: Planning/City Planner Alan Brixius
Attachments: Ordinance No. 2009-_AMENDMENT #1 (Reducing the front yard setbacks
in Res Districts); Ordinance No. 2009-_AMENDMENT #2 (Yard encroachment
modifications); Ordinance No. 2009-_AMENDMENT #3 (Adding regulations for
remodeling existing multi -family structures)
Planning Report dated October 7, 2009
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Planning 54th Redevelopment Standards (RCA).doc
Agenda Item No. 9.H.2.
Meeting Date November 2, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.2009 — 017
AN ORDINANCE AMENDING THE FOLLOWING SECTIONS: 3250.6 (LOT
REQUIREMENTS AND SETBACKS); 3300.6 (LOT REQUIREMENTS AND
SETBACKS); 3400.5 (LOT REQUIREMENTS AND SETBACKS);3500.5 (LOT
REQUIREMENTS AND SETBACKS); 3600.5 (LOT REQUIREMENTS AND
SETBACKS);3700.5 (LOT REQUIREMENTS AND SETBACKS);3800.5 (LOT
REQUIREMENTS AND SETBACKS);3900.5 (LOT REQUIREMENTS AND
SETBACKS); AND 4000.5 (LOT REQUIREMENTS AND SETBACKS);OF THE
ALBERTVILLE ZONING ORDINAINCE (APPENDIX A) OF THE 2005
ALBERTVILLE MUNICIPAL CITY CODE RELATING TO REDUCING THE
REQUIRED FRONT YARD SETBACKS IN THE RESIDENTIAL ZONING DISTRICTS.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3250.6 (LOT REQUIREMENTS AND SETBACKS) of Chapter 3250 (R-
SA RESIDENTIAL LOW DENSITY SINGLE-FAMILY DISTRICT) is hereby amended as
follows:
3250.6 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Not less than thirty feet (30').
2. Side yard:
a. Interior lots: Noless than fiftoo„ feet ( 5'` ten feet(10') each.
b. Corner lots: Not less than thirty feet (30') on the side yard abutting a public
street.
SECTION 2. Section 3300.6 (LOT REQUIREMENTS AND SETBACKS) of Chapter 3300 (R-
1 RESIDENTIAL SINGLE-FAMILY DISTRICT) is hereby amended as follows:
3300.6 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Not less than thirty five feet 35'` thirty feet (30').
November 2, 2009 CC Meeting
Ordinance Amendment # 1
City of Albertville
County of Wright
Ordinance No 2009- x_ (Reducing Front Yard Setbacks to 30 ft (single-family, two-family, and townhouses) and
35 ft (multi -family and other housing) and Side Yard Setbacks to 10 ft in Residential Districts (except for SFHs and
Twinhomes, which are allowed a 5 ft setback on the attached garage side in R-2, R-3, R-4, & R-8)
Page 2 of 6
SECTION 3. Section 3400.5 (LOT REQUIREMENTS AND SETBACKS) of Chapter 3400 (R-
2 RESIDENTIAL SINGLE AND TWO-FAMILY DISTRICT) is hereby amended as follows:
3400.5 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
Front Yard: Not less than,.+hifty five feet (35') thirty feet 30')
2. Side yard: Not less than ten feet (10') � >, adj + 1 nor -less than thin, � +
�.� � �„ � � ., � as vaar ,
(30') ..n ..h., .,id.. >'.,..........b.,.....aaab a Yuvaav rightofwn�
a. Interior lots:
1. Single family and two-family dwellings: Not less than ten feet (10'),
except a five-foot (5') side yard setback is permitted for an attached
garage and an living space constructed above the attached garage
footprint.
2. All other uses: Not less than ten feet (10') each.
b. Corner lots: Not less than thirty feet (30') on the side yard abutting a public
street.
SECTION 4. Section 3500.5 (LOT REQUIREMENTS AND SETBACKS) of Chapter 3500
(R-3 RESIDENTIAL SINGLE AND TWO-FAMILY DISTRICT) is hereby amended as follows:
3500.5 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Not less than thiFtizfive feet 35') thirty feet (30').
2. Side yard: Not less than ter feet ( 0') fi � dj � + let,Her less t twentyfeet.
��� � a � � vial vuvir ,
(".. ) .,nthe side J'uau ubtAtaaag u yuv
lie right of wa�-
a. Interior lots:
1. Single family and two-family dwellings: Not less than ten feet (10'),
except a five-foot (5') side yard setback is permitted for an attached
November 2, 2009 CC Meeting
Ordinance Amendment # 1
City of Albertville
County of Wright
Ordinance No 2009- x_ (Reducing Front Yard Setbacks to 30 ft (single-family, two-family, and townhouses) and
35 ft (multi -family and other housing) and Side Yard Setbacks to 10 ft in Residential Districts (except for SFHs and
Twinhomes, which are allowed a 5 ft setback on the attached garage side in R-2, R-3, R-4, & R-8)
Page 3 of 6
garage and any living space constructed above the attached garage
footprint.
2. All other uses: Not less than ten feet 0 0', each.
b. Corner lots: Not less than twenty feet 20') on the side yard abutting a public
.qtreet _
SECTION 5. Section 3600.5 (LOT REQUIREMENTS AND SETBACKS) of Chapter 3600 (R-
4 RESIDENTIAL TWO-FAMILY, TOWNHOUSE, QUADRAMINIUM AND LOW DENSITY
MULTIPLE-FAMILIY DISTRICT) is hereby amended as follows:
3600.5 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Net loss than thif y five f (35')
a. Single-family dwellings, two-family dwellings, and townhouses: Not less than
thirtyfeet eet (30').
b. Multiple -family dwellings: Not less than thirty-five feet (35').
a. Interior lots:
1. Single family and two-family dwellings: Not less than ten feet (10'),
except a five-foot (5') side yard setback is permitted for an attached
garage and any living space constructed above the attached garage
footprint.
2. All other uses: Not less than ten feet (10') each.
b. Corner lots: Not less than twenty feet 20') on the side yard abutting a public
street.
SECTION 6. Section 3700.5C (LOT REQUIREMENTS AND SETBACKS) of Chapter 3700
(R-5 RESIDENTIAL MEDIUM DENSITY MULTIPLE -FAMILY DISTRICT) is hereby
amended as follows:
November 2, 2009 CC Meeting
Ordinance Amendment # 1
87
City of Albertville
County of Wright
Ordinance No 2009- x_ (Reducing Front Yard Setbacks to 30 ft (single-family, two-family, and townhouses) and
35 ft (multi -family and other housing) and Side Yard Setbacks to 10 ft in Residential Districts (except for SFHs and
Twinhomes, which are allowed a 5 ft setback on the attached garage side in R-2, R-3, R-4, & R-8)
Page 4 of 6
3700.5 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Thifty five root (35')
a. Townhouses: Not less than thirty feet (30').
b Multiple -family dwellings: Not less than thirty-five feet (35').
2. Side Yard: Not less than fifteen feet ( 5') on any one side, nor less than thiftfeet.
7
) on the side yafd abtWing a major- street.
a. Interior lots: Not less than ten feet (10') each.
b Corner lots: Not less than thin f�30') on the side yard abuttin4 a public
street.
SECTION 7. Section 3800.5 (LOT REQUIREMENTS AND SETBACKS) of Chapter 3800 (R-
6 RESIDENTIAL HIGH DENSITY DISTRICT) is hereby amended as follows:
3800.5 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Not loss than thif -y five root «c')
a. Townhouses: Not less than thirty feet (30').
b Multiple -family dwellings: Not less than thirty-five feet (35').
2. Side Yard: Not less g, fifteen feet (i 5') on any one side yard nor- less than twenty
feet (20-') onrthe side yard abtAfing a Pcbrie right of way.
.
a. Interior lots: Not less than ten feet (10') each.
b Corner lots: Not less than twenty feet (20') on the side yard abutting a public
street.
SECTION 8. Section 3900.5 (LOT REQUIREMENTS AND SETBACKS) of Chapter 3900 (R-
7 RESIDENTIAL SPECIAL PURPOSE, HIGH DENSITY DISTRICT) is hereby amended as
follows:
November 2, 2009 CC Meeting
Ordinance Amendment # 1
City of Albertville
County of Wright
Ordinance No 2009- x_ (Reducing Front Yard Setbacks to 30 ft (single-family, two-family, and townhouses) and
35 ft (multi -family and other housing) and Side Yard Setbacks to 10 ft in Residential Districts (except for SFHs and
Twinhomes, which are allowed a 5 ft setback on the attached garage side in R-2, R-3, R-4, & R-8)
Page 5 of 6
3900.5 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Not less than thirty five feet (35'` thirty feet (30').
a. Townhouses: Not less than thirty feet (30').
b. Multiple -family dwellings and other housing: Not less than thirty-five feet
3(5 .
2. Side Yard: Not loss than fifteen feet ( 5') on any one side y ara nor- loss than +hiAy
feet (30') o the side yard abutting a s4ec+
a. Interior lots: Not less than ten feet (10') each.
b. Corner lots: Not less than thirty feet(30') on the side yard abutting a public
street.
SECTION 9. Section 4000.5 (LOT REQUIREMENTS AND SETBACKS) of Chapter 4000 (R-
8 RESIDENTIAL MIXED HOUSING DISTRICT) is hereby amended as follows:
4000.5 LOT REQUIREMENTS AND SETBACKS:
C. Setbacks:
1. Front Yard: Not loss than +hiAy five feet (35')
a. Townhouses: Not less than thirty feet (30').
b. Multiple -family dwellings and other housing: Not less than thirty-five feet
3ia
2. ,_ Yard: Not less than ten feet (10') on any one side yard Her- less than twenty
--_ ;.-
a. Interior lots:
1. Single family and two-family dwellings: Not less than ten feet (10'),
except a five-foot (5') side yard setback is permitted for an attached
garage and any living space constructed above the attached garage
footprint.
November 2, 2009 CC Meeting
Ordinance Amendment # 1
N.
City of Albertville
County of Wright
Ordinance No 2009- x_ (Reducing Front Yard Setbacks to 30 ft (single-family, two-family, and townhouses) and
35 ft (multi -family and other housing) and Side Yard Setbacks to 10 ft in Residential Districts (except for SFHs and
Twinhomes, which are allowed a 5 ft setback on the attached garage side in R-2, R-3, R-4, & R-8)
Page 6 of 6
2. All other uses: Not less than ten feet (10') each.
b. Corner lots: Not less than twentyf(20') on the side yard abutting a public
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
November 2, 2009 CC Meeting
Ordinance Amendment # 1
.f
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.2009-018
AN ORDINANCE AMENDING SECTION 1100.5 (YARDS)
OF THE ALBERTVILLEZONING ORDINANCE (APPENDIX A)
OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE,
RELATING TO ALLOWED YARD ENCROACHMENTS.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 1100.05 (YARDS) is hereby amended as follows:
A. The following shall not be considered as encroachments on yard setback
requirements:
3. Walks or steps for negotiating ground slopes, retaining walls, terraces,
accessibility rgmps, steps, uncovered porches and decks, stoops, hedges and
natural growth, or similar features, provided they do not extend above the height
of the ground floor level first -floor entry of the principal structure or five feet (5')
into the front yard or to a distance less than five feet (5') from any side lot line.
8 Add n or+,.,>„ ays On detached single family or duplex dwelling homes
constructed prior to January 1, 1989, for- a detaehed single family or- a„plex
add -on entr�wa�may extend into the
front yard setback not exceeding five feet (5') and fifty (50) square feet—s4bjeet4e
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE
IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
November 2, 2009 CC Meeting
Ordinance Amendment #2
4
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2009 - 019
AN -ORDINANCE AMENDING SECTION 1000.23 (TWO-FAMILY,
TOWNHOUSE, QUADRAMINIUM, MULTIPLE -FAMILY USES)
OF THE ALBERTVILLE ZONING ORDINANCE (APPENDIX A)
OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE,
RELATING TO REMODELING, RENOVATING, AND
IMPROVING EXISTING STRUCTURES.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 1000.23 (TWO-FAMILY, TOWNHOUSE, QUADRAMINIUM,
MULTIPLE -FAMILY USES) is hereby amended by adding the following language:
K. Remodeling, Renovation, and Improvements to Existing Structure Requirements:
Any remodeling, renovation, or improvements to an existing two-family,
townhouse, quadraminium or multiple family structures shall meet the following
requirements:
1. Replicate the original exterior finishes of the building.*
2. Compliment the architecture of adjoining attached unit (unless the original
approval was for varying exterior finishes, colors, etc).
3. This section of the Ordinance shall only apply to exterior finishes, such as the
type or color of finishes, building materials, siding, driveway applications where
driveways are attached), etc.
* This requirement shall be waived if a complete renovation of the entire
development/building is being done in cooperation with all owners in the same
development/building.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE
IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this _ day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
November 2, 2009 CC Meeting
Ordinance Amendment #3
93
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial. Highway, Suite 202, Golden Valley, KAN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners@nacplanning.com
PLANNING REPORT
TO: Larry Kruse
FROM: Carie Fuhrman / Alan Brixius
DATE: October 7, 2009
RE: Albertville — "54th Street Redevelopment Standards" — Zoning Ordinance
Amendments:
1) Front & Side Yard Setback Reductions in Residential Districts
2) Entryway Encroachments
3) Townhouse Redevelopment Standards
NAC FILE: 163.05 — 09.11
BACKGROUND
The " 54th Street Redevelopment Standards" ordinance amendments were brought
before the Planning and Zoning Commission at their September meeting for a public
hearing. The PZ Commission discussed the amendments and made several
suggestions and comments. Staff has incorporated the PZ Commission's suggestions
into the proposed ordinance amendments and is bringing them back before the PZ
Commission for their review and recommendation.
ANALYSIS
Amendment 1: Front & Side Yard Setback Reductions
The following table reviews the current front and side yard setback requirements for
each of the Residential Zoning Districts (except for the R-MH, Manufactured Housing
Residential District):
Existing Residential District Setbacks
Zoning
District
Front Yard
Setback
Side Yard Setback
Interior Lot
Abutting Street
R-1A
30 feet
15 feet
30 feet
R-1
35 feet
10 feet
20 feet
R-2
35 feet
10 feet
30 feet
R-3
35 feet
10 feet
20 feet
R-4
35 feet
10 feet
20 feet
M:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Planning -Packet Item 3a_54th St Ord Amd Report _10,13.09 PZ
Mtg.docM:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Packet Item 3a_54th St Ord Amd Report_10.13.09
PZ Mtg.doc
Agenda Item No. 9.H.2.
Meeting Date November 2, 2009
R-5
35 feet
15 feet
30 feet
R-6
35 feet
15 feet
20 feet
R-7
35 feet---- --
15 feet
30 feet
R-8
35 feet
10 feet
20 feet
The following table illustrates the proposed front and side yard requirements for each of
the Residential Zoning Districts. The italicized figures are those proposed to be
changed.
Proposed Residential District Setbacks
Zoning
District
Front Yard Setback
Side Yard Setback
Interior Lot
Abutting Street
R-1A
30 feet
10 feet
30 feet
R-1
30 feet
10 feet
20 feet
R-2
30 feet
10 feet*
30 feet
R-3
30 feet
10 feet*
20 feet
R-4
30 feet — single, two-family, & townhouses
35 feet — multi -family
10 feet*
20 feet
R-5
30 feet — townhouses
35 feet — multi -family
10 feet
30 feet
R-6
30 feet — townhouses
35 feet — multi -family
10 feet
20 feet
R-7
30 feet — townhouses
35 feet — multi -family & other housing
(ex: nursing homes & elderly housing)
10 feet
30 feet
R-8
30 feet — townhouses
35 feet — multi -family & other housing
ex: nursing homes & elderly housing)
10 feet
20 feet
-ror single Tammy awenrng units ana two-tamily units: Not less than ten teet (10'), except a five-
foot (5) side yard setback is permitted for an attached garage and any living space constructed
above the attached garage footprint
This proposed amendment reduces the front yard setbacks in all residential districts
(except R-MH) to 30 feet for all single family and two-family dwelling units, while
maintaining a 35 foot setback for all other dwelling units (ex: multiple -family dwellings,
elderly housing, nursing homes). Reducing the front setback to 30 feet still allows room
for two vehicles to be parked in tandem in the driveway and still remain approximately
10 feet from the street curb.
At the September Planning and Zoning Commission meeting, discussion ensued
regarding staggering the 25 and 30 foot front yard setback requirements over the
different zoning districts. Staff discussed this possibility and concluded that applying a
30 ft front yard setback for single-family, two-family, and townhouses, versus a 25 ft
front yard setback, would ensure adequate area for vehicle parking in the driveways of
these dwelling units. Allowing adequate area for vehicle parking would also alleviate
the need for a "proof -of -parking" agreement.
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1 02 2009 Planning -Packet Item 3a_54th St Ord Amd Report _10-13.09
PZ Mtg.docM:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Packet Item 3a_54th St Ord Amd
Report _10.13.09 PZ Mtg.doc
Agenda Item No. 7..It_L..Z.
Meeting Date November 2, 2009
M
In addition, applying a 35 ft setback to all multiple family dwelling units would ensure
these potentially larger and taller buildings --would maintain a larger front setback to
decrease their influence on the views from the right-of-way and surrounding
neighborhood.
The existing Zoning Ordinance requires a 10 or 15 foot setback for an interior side yard
in the Residential Districts. The proposed amendment also reduces the interior side
yard setbacks in all residential districts (except R-MH) to 10 feet for all buildings, except
a 5 foot setback is permitted on the attached garage side for single family homes and
twinhomes in the R-2, R-3, and R-4 zoning districts.
Amendment 2: Entryway Encroachments
In reaction to the PZ Commission discussion regarding the distinction between
uncovered porches and decks, the following amendment is being proposed to Section
1100.5A3-.
Section 1100.5-. YARDS
A. The following shall not be considered as encroachments on yard setback
requirements:
3. Walks or steps for negotiating ground slopes, retaining walls, terraces, steps,
uncovered porches and decks, stoops, hedges and natural growth, or similar
features, provided they do not extend above the height of the ground -flees level
first -floor entry of the principal structure or five feet (5) into the front yard or to a
distance less than five feet (5) from any side lot line.
The following amendment was presented at the September PZ meeting, except that
"constructed for energy conservation purposes" has been removed:
Section 1100.5: YARDS
A. The following shall not be considered as encroachments on yard setback
requirements:
8. Add -OR eRtryways On detached single family or duplex dwelling homes
constructed prior to January 1, 1989,
dwelling for energy ^^^son„tien pwrpGse- add -on entryways may extend into
the front yard setback not exceeding five feet (5) and fifty (50) square feet
Amendment 3: Townhouse Redevelopment Standards
The proposed amendment to Section 1000.23, adding standards for maintaining
continuity in architectural design finishes and design features for existing two-family,
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Packet Item 3a_54th St Ord Amd Report _10.13.09
PZ Mtg.docM:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Planning -Packet Item 3a_54th St Ord Amd
Report _10.13.09 PZ Mtg.doc
Agenda Item No. 9.H.2.
Meeting Date November 2, 2009
townhouse, and multiple -family dwellings, has been modified slightly from what was
presented at the September PZ meeting. "Exterior finishes" replaced "architecture in
1000.23 TWO-FAMILY, TOWNHOUSE, QUADRAMINIUM, MULTIPLE -FAMILY
USES
K. Remodeling, Renovation, and Improvements to Existing Structure Requirements:
Any remodeling, renovation, or improvements to an existing two-family,
townhouse, quadraminium or multiple family structures shall meet the following
requirements:
1. Replicate the original exterior finishes of the building.*
2. Compliment the architecture of adjoining attached unit (unless the original
approval was for varying exterior finishes, colors, etc).
3. Only exterior finishes shall apply to this standard, such as type of finishes,
color of finishes, building materials, siding, driveway applications, etc.
* This requirement shall be waived if a complete renovation of the entire
development/building is being done in cooperation with all owners in the same
development/building.
CONCLUSION
The presented ordinance amendments support reinvestment in properties, which is
important, especially when dealing with older neighborhoods. We often encourage our
cities to reexamine their Zoning Ordinance to provide greater flexibility for building
renovations or expansions in these areas. Frequently, we want to reconsider district
building setbacks to create a larger building envelopment upon a lot. This allows for
home expansions, porches, decks, garages, etc. Therefore, staff recommends approval
of the attached Ordinance Amendments 1, 2, and 3
Encl:
• Ordinance Amendment 1 — Reducing front yard setbacks to 30 feet & side yard
setback to 10 feet — except SFHs and twinhomes, which are allowed a 5 foot
setback for an attached garage in the R-2, R-3, & R-4 Districts
• Ordinance Amendment 2 — Entryway Encroachments
• Ordinance Amendment 3 — Existing Townhouse Redevelopment Standards
c: Bridget Miller
Tori Leonhardt
Jon Sutherland
Mike Couri
Adam Nafstad
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Packet Item 3a_54th St Ord Amd Report 10.13.09
PZ Mtg.docM:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Packet Item 3a_54th St Ord Amd
Report _10.13.09 PZ Mtg.doc
Agenda Item No. 9. i1..2.
Meeting Date November 2, 2009
Nbertville
Smell Tc Wr 1&. ft My Ufw
Mayor and Council Communication
September 22, 2009- -
SUBJECT: PLANNING - PERMIT REQUIREMENTS FOR A LAND FILL OR LAND
EXCAVATION/GRADING PERMIT — ORDINANCE AMENDMENT SECTIONS 1800.1 & 1900.1)
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion approve Ordinance Number 2009-020, entitled an Ordinance amending Section 1800.1
(Land Filling Operations) and Section 1900.1 (Land Excavation/Grading), relating to the
stipulations requiring a Land Fill or Excavation Permit within the City.
BACKGROUND: The Planning and Zoning Commission met and held a public hearing on
Wednesday, September 9, 2009, to consider an ordinance amendment to Sections 1800.1 and
1900.1 of the City Code to make the following revisions:
• Add language to Chapters 1800 and 1900, outlining additional requirements in which a
Land Fill or Land Excavation/Grading Permit by the City would be required.
• The amendment stipulates that any deposit of fill or land extraction/grading in the
following manner would require a permit by the City (Land Fill Permit or Land
Excavation/Grading Permit):
• Within a drainage or utility easement.
• Within a natural drainage way.
• Within ten (10) feet of a property line.
• In excess of twenty (20) cubic yards.
KEY ISSUES:
• In 2006, the language governing Land Filling and Excavation/Grading Permits stipulated
that a permit was needed if the filling or excavating was in the amount of 50 cubic yards
or more.
• In April of 2006, staff presented the Planning Commission with language (Option A) that
would also require a Land Filling or Excavation/Grading Permit if the filling or grading
was being conducted in a drainage or utility easement.
• The Planning Commission revised the drafted amendment and recommended language
(Option B) to include stricter regulations in the need for a Land Filling or
Excavation/Grading Permit: any deposit of fill or land extraction/grading in any of the
following manners would require a permit:
• Within a drainage or utility easement.
• Within a natural drainage way.
• Within ten feet of a property line.
• In excess of 20 cubic yards.
M:\Public Data\Requests for Council Actions (RCA)\2009\10 05 2009 Planning RCA Land Fill & Grading Permit (O 2009-018) CC Mtg.doc
Agenda Item No. 9.H.3.
Meeting Date November 2, 2009
Mayor and Council Communication — September 22, 2009
Planning - Land Fill & Excavation/Grading Permits —Ord Amend Page 2 of 2
• The City Council adopted the stricter requirements (Option B); however, Option A was
erroneously signed and codified at that time (Ordinance 2006-05).
• This -mistake was recently discovered and must be -brought back before the Planning
Commission and City Council for approval.
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held by the Planning Commission. They recommended the City Council
amend the Ordinance with the attached Ordinance 2009-018.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this
amendment.
LEGAL CONSIDERATIONS: The City Attorney was consulted regarding this issue. He
determined that because the minutes from the March 6, 2006 City Council meeting do not clearly
discern the adopted ordinance, this amendment needed to come back before the Planning
Commission and City Council for full adoption and publication.
In accordance with Council procedures, the Mayor and Council have the authority to amend
Ordinances, which requires a majority vote of the City Council and becomes effective upon
publication.
Respectfully submitted,
W -s�
Larry R. use
City Administrator
Department/Responsible Person: Planning/City Planner Alan Brixius
Attachments: Ordinance No. 2009-018 and Planning Report dated September 2, 2009
M:\PublicData\Requests for Council Actions (RCA)\2009\10 05 2009 Planning RCA Land Fill & Grading Permit (O 2009-018) CC Mtg.doc 2
Agenda Item No. 9.1..[.dou.3.
Meeting Date November 2, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.2009 - 020
AN ORDINANCE AMENDING CHAPTER 1800 (LAND FILLING
OPERATIONS) AND SECTION 1900 (LAND EXCAVATION/GRADING)
OF THE ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO
LAND FILLING AND EXCAVATION/GRADING REGULATIONS.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 1800.1 (PERMIT REQUIRED) is hereby amended to read as follows:
1800.1: PERMIT REQUIRED: Any person who proposes to add land fill in moo=
fifty (50) eubie yards to anypr-epEwithin the eity limks the following manner shall apply to
the city for land fill permit..
A.
Any
deposit
of fill within a drainage or utility easement.
B.
Any
deposit
of fill within a natural drainage way.
C. Any deposit of fill within ten (10) feet of a property line.
D. Adding land fill in excess of twenty (20) cubic yards.
SECTION 2. Section 1800.2 (APPLICATOIN AND REQUIRED INFORMATION) is hereby
amended to read as follows:
1800.2: APPLICATION AND REQUIRED INFORMATION:
A. Any person desiring a permit hereunder shall present an application, and a fee as
established in section 100.10 of this ordinance, on such forms as shall be provided by the
zoning administrator requiring the following information:
8. A certificate of survey showing present topography,_ public and private utilities, and
also
'',,, ing boundary lines for- al ,.
" eAies property boundaries, delineated wetland
iuvi
and watercourse boundaries, water-eaufses, wetlands and other significant. features within}
on and within one hundred (100') of the property, and/or as required by the city engineer.
thfee htmdr-ed fifty feet i3 cnn
9. A site plan showing the proposed improvements, including_finished grade, drainage
patterns, erosion control measures, restoration measures, and proposed landscaping, or
q , 3, 101
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 2 of 9
other items as may by e required by the city engineer. a -ad landseape plan. Er -Os O ^0l`140
measufes shall be provided- en sueh plan. Fina4 gr-ade -shall ne4 - advefse4y affeet the
suffeunding !a -ad or- the developmefit of the site on whieh !he land fill is being eon"eted.
11.
or its o ffieers ^r age Owner shall permit and provide access to the properta� t all
times to the City or its representatives for the purposes of inspections, review, and
enforcement.
12. A statement that the applicant will comply with all conditions prescribed by the city
or its officers or agents.
13. A Stormwater Pollution Prevention Plan (SWPPP), if required by the citesengineer.
14. A joint local and state and federal wetland application, if required by the city
engineer.
SECTION 3. Section 1800.3 (TECHNICAL REPORTS) is hereby amended to read as follows:
1800.3: TECHNICAL REPORTS:
A. The zoning administrator shall process all land fill permit applications. Such applications,
when determined to be necessary by the zoning administrator and all those for more than
fly twenty (5020) cubic yards, shall be forwarded to the city engineer and building
official. , the Mifmesot
These technical advisors shall be
instructed by the zoning administrator to rr-epa e reports for- the ^pencil review and
provide comments related to the proposed work.
B. Filing fees in excess of the actual incurred expenses shall be refunded to the applicant.
When the expenses incurred in the review of the application exceed the fee, such excess
expenses shall be billed to the applicant. (Ord. 1988-12, 12-19-1988)
SECTION 4. Section 1800.4 (ISSUANCE OF PERMIT) is hereby amended to read as follows:
1800.4: ISSUANCE OF PERMIT:
A. Unless sent to the city engineer for review and comment, the building official shall
determine as to whether, and when, and under what conditions a land fill permit for less
than fly twenty (&020) cubic yards shall be issued.
102
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 3 of 9
B. Upon receiving information and reports from the building official
- -- - and the city engineer, the eetineil zoning administrator shall make its detel..,..inatio-B
determine as to whether, and when, and under what conditions such permit for a land fill
greater than fifty -twenty (5820) cubic yards is to be issued to the applicant by the zoning
administrator. (Ord. 1988-12, 12-19-1988)
C. Issuance of permit may be conditioned on approval of and compliance with other
regulatory agencies and/or approval of the council.
SECTION 5. Section 1800.5 (CONDITIONS OF OPERATION) is hereby amended to read as
follows:
1800.5: CONDITIONS OF OPERATION:
A. Under- no eketffnstanees shall any sueh land fill opefation be eendueted of permitt
material,the eentents of the land fill or any paFt thereof sha4l eensist of gafbage, anima4 of
filth,
sewage a
similar- septie of biologieally dangerous material, or- any other- ma4er-ia4 deemed
unsuitable -by-+h- -ty—The Owner shall secure any and all other permits required b
yay
regulatorgencies other than the City, which may include, but is not limited to: the
Minnesota Pollution Control Agency (MPCA) U.S. Army Corps of Engineers (COE),
Minnesota Department of Natural Resources (DNR.
B. ,
the houfs of operation shall be limited to seven
e'eleek (7.00A.M. to six o'eloek (6:00) P.M., Monday tIffeugh Friday. (Ord 1988 1225
2 19 , 988 Final grade shall not adversely affect the surrounding land or the
development of the site on which the land fill is being conducted.
C. Stormwater pollution prevention measures shall be installed on all down gradient
perimeters before commencing the land disturbing activity, and shall remain in place and
intact at all times and shall not be removed without Citygpproval.
D. Stormwater pollution prevention measures shall be consistent with approved best
management practices (BMPs) and shall be sufficient to retain construction -generated
sediment on the site.
E. At minimum all disturbed land shall be restored and stabilized with topsoil, seed and
mulch. Final stabilization of the site shall be consistent with all permit(s) requirements.
F. Under no circumstances shall any such land fill operation be conducted or permitted if
the contents of the land fill or any part thereof shall consist of garbage, animal _or
vegetable refuse poisons contaminants chemicals decayed material, filth, sewage or
103
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 4 of 9
similar septic or biologically dangerous material, or any other material deemed to be
- - ---- - unsuitable by the city_
G. Unless expressly extended by permit, the hours of operation shall be limited to seven
o'clock (7:00) A.M. to six e'eleek «.nm D ��. nine o'clock (9:001 P.M. Monda ty hrough
Friday. (Ord. 1988-12, 12-19-1988)
SECTION 6. Section 1800.6 (SECURITY) is hereby amended to read as follows:
1800.6: SECURITY: The eauneil building official or city en_ig neer may require either
the applicant or the owner or user of the property on which the land fill is occurring to post a
security in such form and sum as the building official and/or city engineer shall determine, with
sufficient surety provided to the city, conditioned to pay to the city the extraordinary cost and
expense of repairing, from time to time, any highways, streets or other public ways where such
repair work is made necessary by the special burden resulting from hauling and travel in
transporting fill material, the amount of such cost and expense to be determined by the city
engineer; and conditioned further to comply with all requirements of this ordinance and the
particular permit, and to pay any expense the city may incur by reason of doing anything
required to be done by any applicant to whom a permit is issued. (Ord. 1988-12, 12-19-1988)
SECTION 7. Section 1800.7 (FAILURE TO COMPLY) is hereby amended as follows:
1800.7: FAILURE TO COMPLY: The building official or city engineer may,
for failure of any person to comply with any requirement made of such person in writing under
the provisions of such permit, as promptly as same can reasonably be done, proceed to cause said
requirement to be complied with. The cost of such work shall be taxed against the property
whereon the land fill is located, or the city may, at its option, proceed to collect such costs by an
action against the person to whom such permit has been issued, and such person's superiors if a
bond exists. In the event that land filling operations requiring a permit are commenced prior to
city review and approval, the city may require work stopped and all necessary applications filed
and processed. Application fees shall be double the normal charge. (Ord. 1988-12, 12-19-1988)
SECTION 8. Section 1800.8 (COMPLETION OF OPERATION) is hereby amended to read as
follows:
1800.8: COMPLETION OF OPERATION:
A. All land fill operations shall be completed within ninety (90) days of the issuance of the
permit. Upon completion, the permit holder shall notify the building official in writing of
the date of completion. If additional time beyond the ninety (90) days is needed for
completion, the permit holder may apply to the city, and upon a satisfactory showing of
104
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 5 of 9
need, the eouneil zoning administrator may grant an extension of time. If such extension
- - - -is granted, it shall be for a definite period, and the zoning administrator shall issue an
extension permit. Extensions shall not be granted in cases where the permit holder fails to
show that good faith efforts were made to complete the land fill operation within ninety
(90) days and that failure to complete the operation was due to circumstances beyond the
permit holder's control, such as shortage of fill material, teamster's strike, unusually
inclement weather, illness or other such valid and reasonable excuse for noncompletion.
In the event a request for an extension is denied, the permit holder shall be allowed a
reasonable time to comply with the other provisions of this section relating to grading,
leveling and seeding or sodding. What constitutes such "reasonable time" shall be
determined by the city engineer after inspecting the premises.
B. At the completion of a land fill operation, the premises shall be graded, leveled, and
seeded or sodded with grass or equal, as determined by the city en ineer. The grade shall
be such elevation with reference to any abutting street or public way as the city engineer
shall prescribe in the permit. The site shall also conform to such prerequisites as the city
engineer may determine with reference to storm water drainage runoff and storm water
passage or flowage so that the land fill cannot become a source of, or an aggravation to,
storm water drainage conditions in the area. The city engineer shall inspect the project
following completion to determine if the applicant has complied with the conditions
required thereto. Failure of such compliance shall result in the withholding of any
building permits for the site, and notice of such withholding shall be filed in the office of
the county recorder for the purpose of putting subsequent purchasers on notice. The city
engineer may require an as -built survey to insure critical elevations are obtained (Ord.
1988-12, 12-19-1988)
SECTION 9. Section 1900.1 (PERMIT REQUIRED) is hereby amended to read as follows:
1900.1 PERMIT REQUIRED: The extraction of sand, gravel, black dirt or other
natural material from the land or the grading of land by a per -son in the a „+ of fifty r50e4ie
.,afds or more shall be termed "land excavation/grading," Any said act performed in the
following manner and shall require a permit...:
A. Removing sand, gravel, black dirtor other natural materials or grading land within a
drainage or utility easement.
B. Removing sand, gravel, black dirt or other natural materials or grading within a natural
drainage wad
C. Removing sand, gravel, black dirtor other natural materials or grading land within ten
0 0) feet of a property line.
U-3,5
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 6 of 9
D. Removingsand, and, gravel, black dirt or other natural materials or grading land in excess of
twenty (20)- cubic -yards. —
SECTION 10. Section 1900.3 (APPLICATION FOR PERMIT) is hereby amended to read as
follows:
A. Any person desiring a permit hereunder shall present an application on such form as shall
be provided by the zoning administrator requiring the following information:
8. A site plan showing present topography, public and private utilities, property
boundaries, delineated wetland and watercourse boundaries. and other significant features
on and within one hundred feet (100') of the property, and/or as required by the city
engineer. and also ineluding boundary lines for- all pr-epei4ies, watereour-ses, wetlands and
other- sifte nt features ;thi ter e hundred fifty feet (350
9. A site plan showing the proposed improvements, including finished grade, drainage
patterns, erosion control measures, restoration measures, and proposed landscaping or
other items as may brequired by the city engineer. .
Er-osion eentrol measufes shall be pFevided on sueh plan. Final gfade shall not a&er-sely
aff-eet the surfounding land of the develepmerA of the site on whieh the exeavati
being eendueted. Topsoil shall be of a qua4ity eapable of establishing nefma4vegetafive
growth.
11.
or- its officers or—ageiAs. Owner shall permit and provide access to the _property at all
times to the City or its representatives for the purposes of inspections review, and
enforcement.
12. A statement that the applicant will comply with all conditions prescribed by the city
or its officers or agents.
13. A Stormwater Pollution Prevention Plan (SWPPP), if required by the city engineer.
14. A joint local and state and federal wetland application, if required by the city
engineer.
SECTION 11. Section 1900.4 (TECHNICAL REPORTS) is hereby amended to read as
follows:
1900.4: TECHNICAL REPORTS: The zoning administrator shall immediately, upon
receipt of such application, forward a copy thereof to the city engineer and building official.
1"er-e water -sheds and/or- wetlands are in question, the Minnesota depaA-ment of natur-al.
106
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 7 of 9
r-eso ffees shall a4se be eetAaete . These technical advisors shall be instructed by the zoning
administrator to prepare roHoffs f-o f the-eounefll review and provide comments related to the -
proposed work. (Ord. 1988-12, 12-19-1988)
SECTION 12. Section 1900.6 (CONDITIONS OF PERMIT) is hereby amended to read as
follows:
1900.6: CONDITIONS OF PERMIT:
A. Prerequisites: The eouneil-zoning administrator, as a prerequisite to the granting of a
permit, or after a permit has been granted, may require the applicant to whom such permit
is issued, or the owner or user of the property on which the excavation or grading is
located, to:
3. Properly drain, fill in, level or grade the excavation, after it has been created, so as to
make the same safe and healthful as the sail zoning administrator shall determine.
B. , the houfs of operation shall be
limitedto seven-o'e-lee-k (7.00) A.M. to six -o'cle v (6,00P.M., Monday through Ffiday.
(Ord' 984 12, 12 19 1 °Q41 The Owner shall secure any and all other permits required by
regulatory agencies other than the City, which may include but is not limited to: the
Minnesota Pollution Control Agency (MPCA) U.S. Army Corps of Engineers (COE),
Minnesota Department of Natural Resources (DNR.
C. Final grade shall not adversely affect the surrounding land or the development of the site
on which the land fill is being conducted.
D. Stormwater pollution prevention measures shall be installed on all down gradient
perimeters before commencing the land disturbing activity, and shall remain in place and
intact at all times and shall not be removed without City approval.
E. Stormwater pollution prevention measures shall be consistent with approved best
management practices BMPs) and shall be sufficient to retain construction -generated
sediment on the site.
F. At minimum, all disturbed land shall be restored and stabilized with topsoil seed and
mulch. Final stabilization of the site shall be consistent with all permit(s) requirements.
G. Hours Of Operation: Unless expressly extended by permit, the hours of operation shall be
limited to seven o'clock (7:00) A.M. to six eleek •°°' D M.nine o'clock (9:00) P.M.
Monday through Friday. (Ord. 1988-12, 12-19-1988)
q,j�.,:�07
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 8 of 9
SECTION 13. Section 1900.7 (SECURITY) is hereby amended as follows:
1900.7: SECURITY: The ei�building official or city engineer may require either the
applicant or the owner or user of the property on which the excavation or grading is occurring to
post security in such form and sum as the council shall determine, with sufficient surety provided
to the city, conditioned to pay to the city the extraordinary cost and expense of repairing, from
time to time, the highways, streets or other public ways where such repair work is made
necessary by the special burden resulting from hauling and travel in transporting excavated
material, the amount of such cost and expense to be determined by the city engineer; and
conditioned further to comply with all requirements of this ordinance, and the particular permit,
and to pay any expense the city may incur by reason of doing anything required to be done by
any applicant to whom a permit is based. (Ord. 1988-12, 12-19-1988)
SECTION 14. Section 1900.9 (COMPLETION OF OPERATION) is hereby amended to read
as follows:
1900.9: COMPLETION OF OPERATION:
A. All excavation and grading operations shall be completed within ninety (90) days of the
issuance of the permit. Upon completion, the permit holder shall notify the building
official in writing of the date of completion. If additional time beyond the ninety (90)
days is needed for completion, the permit holder may apply to the city, and upon a
satisfactory showing of need, the ceuneil zoning administrator may grant an extension of
time. If such extension is granted, it shall be for a definite period, and the building
official shall issue an extension permit. Extensions shall not be granted in cases where the
permit holder fails to show that good faith efforts were made to complete the excavation
operation within ninety (90) days and that failure to complete the operation was due to
circumstances beyond the permit holder's control, such as teamster's strike, unusually
inclement weather, illness or other such valid and reasonable excuse for noncompletion.
In the event request for an extension is denied, the permit holder shall be allowed a
reasonable time to comply with the other provisions of this section relating to grading,
leveling and seeding or sodding. What constitutes such "reasonable time" shall be
determined by the city engineer after inspecting the premises.
B. At the completion of an excavation or grading project, the premises shall be graded,
leveled, and seeded or sodded with grass or equal, as determined by the city en ig neer.
The grade shall be such elevation with reference to any abutting street or public way as
the city engineer shall prescribe in the permit. The site shall also conform to such
prerequisites as the city engineer may determine with reference to storm water drainage
runoff and storm water passage or flowage so that the excavation cannot become a source
of, or an aggravation to, storm water drainage conditions in the area. The city engineer
shall inspect the project following completion to determine if the applicant has complied
►,;
City of Albertville
County of Wright
Ordinance No 2009 - 018 (Land Filling & Extraction Permit Stipulations)
Page 9 of 9
with the conditions imposed as part of the permit. The city engineer may require an as-
--- built survey to insure critical elevations are obtained. - (Ord. 1988-12, 12-19-1988)
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this _ day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
I"6°" 109
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Larry Kruse
FROM: Carie Fuhrman / Alan Brixius
DATE: September 2, 2009
RE: Albertville City Code Amendment — Permit Requirements for a Land
Fill Permit and Land Excavation/Grading Permit
NAC FILE: 163.05 — 09.20
BACKGROUND
On March 6, 2006, staff presented the City Council with the following two Ordinance
Amendment options for consideration:
Option A: Added language to Chapter 1800 (Land Filling Operations) and Chapter
1900 (Land Excavation/Grading) requiring any land fill or land excavation/grading in
the amount of 50 cubic yards or more, or in a drainage or utility easement, would
require a permit by the City (Land Fill Permit or Land Excavation/Grading Permit).
Option B: Added language to Chapters 1800 and 1900, outlining additional
requirements in which a permit by the City would be required. The amendment
stated that any deposit of fill or land extraction/grading in the following manner would
require a permit by the City (Land Fill Permit or Land Excavation/Grading Permit):
• Within a drainage or utility easement.
• Within a natural drainage way.
• Within ten (10) feet of a property line.
• In excess of twenty (20) cubic yards.
At that time, the City Council adopted Option B; however, Option A was erroneously
signed and codified (Ordinance 2006-05). This mistake was recently discovered, and it
is being brought back before the Planning Commission and City Council for full adoption
and publication.
ANALYSIS
35
111
In 2006, the Building Official and City Engineer expressed concern that the Land Filling
Operations (1800) and Land Excavation/Grading (1900) Chapters of the Zoning
Ordinance should include projects smaller than 50 cubic yards when they occur within
drainage easements. Staff drafted an amendment reflecting this language and
presented it to the Planning Commission (Option A). -
Option A:
1800.1 PERMIT REQUIRED: Any person who proposes to add land fill in excess
of fifty (50) cubic yards to any property or any 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.
1900.1 PERMIT REQUIRED: The extraction of sand, gravel, black dirt or other
natural material from the land, or the grading of land by a person in the
amount of fifty (50) cubic yards or more, or any amount of land within a
drainage or utility easement, shall be termed "land excavation/grading"
and shall require a permit.
The Planning Commission revised the drafted amendment to include stricter
requirements for land fill and land excavation/grading permits and recommended these
revised amendments to the City Council (Option B):
Option B:
1800.1 PERMIT REQUIRED: Any person who proposes to add land fill in ors
the following
manner shall apply to the city for a land fill permit:
a. Any deposit of fill within a drainage or utility easement.
b. Any deposit of fill within a natural drainage way_
c. Any deposit of fill within ten (10) feet of a property line.
d. Adding land fill in excess of twenty (20) cubic yards.
1900.1 PERMIT REQUIRED: The extraction of sand, gravel, black dirt or other
natural material from the land or the grading of land by a person ;n thee
amount of fifty (50) GubiG yaFd6 or rneFe shall be termed "land
excavation/grading" Any said act performed in the following manner a7R4
shall require a permit:
a. Removing sand, gravel, black dirt. or other natural materials. or
grading land within a drainage or utility easement.
b. Removing sand, gravel, black dirt or other natural materials or grading
within a natural drainage way.
c. Removing sand, gravel, black dirt, or other natural materials or grading
land within ten (10) feet of a property line.
d. Removing sand, gravel, black dirt or other natural materials or grading
land in excess of twenty (20) cubic yards.
On March 6, 2006, the City Council adopted the Planning Commission's recommended
language (Option B), with the stricter requirements. However, Option A was
36
�' 112
erroneously signed and codified. This mistake was not recognized by staff until
recently. Because the minutes of the March 6, 2006 meeting do not clearly discern the
adopted ordinance, this amendment (Option B) needs to come back before the Planning
Commission and City Council for full adoption and publication.
RECOMMENDATION -
Staff recommends the adoption and codification of the attached Ordinance (Option B),
which was originally adopted by the City Council.
Encl.- Ordinance No. 2009-xx (Land Filling and Grading/Excavating)
c: Bridget Miller
Tori Leonhardt
Jon Sutherland
Mike Couri
Adam Nafstad
37
113
A.1bertvi llc
sowerUkWift low ue—
Mayor and Council Communication
- ,-1. October 19, 2009
SUBJECT: PLANNING - ZONING ORDINANCE AMENDMENT — PROHIBITING ADVERTISING
DEVICES ON ROOFS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion adopt Ordinance No. 2009-024 entitled an Ordinance amending Section 10-7-6
(Advertising Devices) of the Sign Regulations (Chapter 7) of the 2005 Albertville Municipal
City Code, relating to prohibiting advertising devices on roofs.
BACKGROUND: During the recent I-94 Land Acquisition Study, a discussion ensued
regarding the possibility of billboards being placed on rooftops. Staff was directed to draft an
ordinance amendment addressing the prohibition of this occurrence.
KEY ISSUES: Subsection C within Section 10-7-6 (Advertising Devices) addresses prohibited
devices. The proposed amendment would add number nine (9) to the list of prohibited devices:
C. , Prohibited Devices: The following advertising devices are specifically prohibited by this
chapter:
9. Located directly on a building roof or projecting from a building roof.
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held by the Planning Commission. They recommended approval to the City
Council for the attached Ordinance Amendment.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this
amendment.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and
Council have the authority to amend Ordinances, which requires a majority vote of the City
Council and becomes effective upon publication.
Respectfully submitted,
Larry Kruse
City Administrator
Department/Responsible Person: Planning/City Planner Alan Brixius
Attachments: Ordinance No. 2009- Prohibiting Advertising Devices on Roofs Planning
Report dated October 7, 2009
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 Planning Roof Advertising Devices (RCA).doc
Agenda Item No. 9.H.4.
Meeting Date November 2, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2009-024
AN ORDINANCE AMENDING SECTION 10-7-6 (ADVERTISING
DEVICES) OF THE SIGN REGULATIONS (CHAPTER 7)
OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE,
RELATING TO PROHIBITING ADVERTISING DEVICES ON ROOFS.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 10-7-6 (ADVERTISING DEVICES) is hereby amended as
follows:
10-7-6: ADVERTISING DEVICES:
C. Prohibited Devices: The following advertising devices are specifically prohibited
by this chapter:
9. Located directly on a building roof or projecting from a building roof.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE
IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this day of November 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-024 (Prohibit Roof Advertising Devices).doc
Agenda Item NA..I A
Meeting Date November 2, 2009
117
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4300 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.23.1.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Larry Kruse
FROM: Carie Fuhrman / Alan Brixius
DATE: October 7, 2009
RE: Albertville City Code Amendment — Prohibit Locating Advertising
Devices on Rooftops
NAC FILE: 163.05 — 09.22
BACKGROUND
During the recent 1-94 Land Acquisition Study, a discussion ensued regarding the
possibility of billboards being placed on rooftops. Staff was directed to draft an
ordinance amendment to address the prohibition of this occurrence.
ANALYSIS
Subsection C addresses prohibited devices within Section 10-7-6 (Advertising Devices).
The proposed amendment would add number nine (9) to the list of prohibited devices:
C. Prohibited Devices: The following advertising devices are specifically prohibited
by this chapter:
9. Located directly on a building roof or projecting from a building roof.
RECOMMENDATION
Planning staff recommends approval of the ordinance amendment to Subsection C
(Prohibited Devices) of Section 10-7-6 (Advertising Devices) of Chapter 7 (Sign
Regulations).
Encl: Exhibit A: Ordinance No. 2009-xx (Prohibition of Advertising Devices on Roofs)
c: Bridget Miller
Tori Leonhardt
Jon Sutherland
Mike Couri
Adam Nafstad
M:\Public Data\City Council\Council Packet inform ation\2009\ 1 1-02-09\1 1 02 2009 Planning -Item 3b Prohibit Roof Signs Report 10.13.09 PZ
Mtg.docM:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Item 3b_ Prohibit Roof Signs Report
10.13.09 PZ Mtg.doc
Agenda Item No. 7.H.'4.
Meeting Date November 2, 2009
119
A,lbertyi l l e
s." T_ u.xo. et aw ur..
Mayor and Council Communication
October 19, 2009
SUBJECT: PLANNING - COMPREHENSIVE PLAN AMENDMENT — NORTHWEST LAND USE
STUDY
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion adopt the Comprehensive Plan Amendments (Exhibits I-1 through I-5) to the 1996-
1997 Albertville Comprehensive Plan, relating to the Northwest Land Use Study.
BACKGROUND: Albertville adopted its Comprehensive Plan in 1996 as a land use and
investment guide for future development. This plan serves as the blueprint for Albertville's
community development. As the City has grown, it has processed a number of Comprehensive
Plan amendments reflective of the changing economy, available markets, as well as physical
changes within the City.
The intent of the Northwest Land Use Study/Comprehensive Plan Amendment is to re-examine
the land uses, transportation, and utility components to identify the best land use patterns and
I
ighest return on public investment within northwestern Albertville.
KEY ISSUES:
• The study area boundaries are as follows:
• North: Albertville's northern corporate boundary
• West: Albertville's western corporate boundary
• East: Lawson Avenue
• South: County Road 17
• In 1996, the City favored industrial land uses northwest of the outlet mall, questioning
whether the City had an oversupply of commercially -guided land to address market
demand (Exhibit A of Planning Report).
• The success and expansion of the outlet mall, along with anticipated future transportation
improvements, suggests that Albertville may wish to provide some flexibility in land uses
within the vacant properties of northwestern Albertville to take advantage of improved
access to this area of the City.
• The following projects have major influence on the Land Use Study:
• CSAH 19/Interstate 94 interchange improvements (Exhibit Q.
• Need for CSAH 19 improvements through 70"' Street (Exhibit D).
• Long range planning for Kadler Avenue interchange Exhibit E-1, E-2).
• The City wants to re-examine its long range land us planning for the areas and re -guide
the area that will provide the strongest land uses and greatest economic return on public
investment.
• The following changes are proposed for the Comprehensive Plan:
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 Planning Comp Plan Amend NW Land Use Study (RCA).doc
Agenda Item No. 7..H. J.
Meeting Date November 2, 2009
1G1
Mayor and Council Communication — October 19, 2009
Planning — Comprehensive Plan Amendment — NW Land Use Study Page 2 of 2
1. Amendment to the City-wide Proposed Land Use Plan, dated 3-24-04 — Addition
of Amendments to Planning District Seven Text — Addresses the land use and
planning recommendations for the northwest corner of Albertville (Exhibit I-1)
- 2:.— Amendment to Planning District Map — Adjustment of boundary between
Planning District 1 and 7 (Exhibit I-2)
3. Addition of a Transportation Plan — Proposed Roads and Intersections (Exhibit I-
3)
4. Amendment to City-wide Proposed Land Use Plan, dated 03-24-04 — Addition of
Business Park land use designation and removal of Industrial land use
designation in the Northwest Land Use Study area (Exhibit I-4)
5. Amendment to Planning District Seven Map (Exhibit I-5)
• The Comprehensive Plan amendment (Exhibit I in the Planning Report) illustrates the
amended Land Use Plan and Planning District Seven.
POLICY CONSIDERATIONS: In accordance with State Law, public notice was published
and a public hearing held by the Planning Commission. They recommended approval to the City
Council for the attached Comprehensive Plan Amendment.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this
amendment.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and
Council have the authority to amend Ordinances, which requires a majority vote of the City
Council and becomes effective upon publication.
Respectfully submitted,
Larry R. se
City Administrator
Department/Responsible Person: Planning/City Planner Alan Brixius
Attachments: Planning Report dated October 8, 2009
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Planning Comp Plan Amend NW Land Use Study (RCA).doc
Agenda Item No. 9.H.5.
Meeting Date November 2, 2009
144
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231,2561 planners@nacplanning.com
PLANNING REPORT
TO: Larry Kruse
FROM: Alan Brixius
DATE: October 8, 2009
RE: Albertville — Northwest Land Use Study
Comprehensive Plan Amendment
FILE NO: 163.05 — 09.21
BACKGROUND
Albertville adopted its Comprehensive Plan in 1996 as a land use and investment guide
for future development. This plan serves as the blueprint for Albertville's community
development. As the City has grown, it has processed a number of Comprehensive
Plan amendments reflective of the changing economy, available markets, as well as
physical changes within the City.
The intent of the Northwest Land Use Study/Comprehensive Plan Amendment is to re-
examine the land uses, transportation, and utility components to identify the best land
use patterns and highest return on public investment within northwestern Albertville.
The following projects will have major influence on the Land Use Study:
• CSAH 19/Interstate 94 interchange improvements.
• The need for CSAH 19 improvements through 70th Street.
• Long range planning for Kadler Avenue interchange.
STUDY AREA
The study area boundaries are as follows:
North:
Albertville's northern corporate boundary
West:
Albertville's western corporate boundary
East:
Lawson Avenue
South:
County Road 17
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Item 3c_NW Land Use Study Report _10.13.09 PZ
Mtg.docM:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Planning -Item 3c_NW Land Use Study Report_10.13.09 PZ
Mtg.doc
Agenda Item No. 9..I..i..5.
Meeting Date November 2, 2009
123
The study area contains 407 acres. The majority of the area remains undeveloped.
The current zoning and land uses anticipate a combination of commercial and industrial
land uses. Future development will be greatly influenced by future transportation
improvements.
HISTORY
The current Comprehensive Plan proposes a combination of commercial and industrial
land uses in northwestern Albertville (see Exhibit A). The land use recommendations
are further described in Planning District Seven of the Albertville Comprehensive Plan
(see Exhibit B).
In 1996, the City favored industrial land uses northwest of the outlet mall, questioning
whether the City had an oversupply of commercially guided land to address market
demand. The success and expansion of the outlet mall, along with anticipated future
transportation improvements (i.e., CSAH 19 interchange, CSAH 19 expansion, and
future Kadler interchange), suggests that Albertville may wish to provide some flexibility
in land uses within the vacant properties of northwestern Albertville to take advantage of
improved access to this area of the City.
TRANSPORTATION
The following transportation improvements will impact land use decisions within
northwestern Albertville:
CSAH 19/1-94 Interchange Improvements (Exhibit C)
To relieve congestion through the City and to improve access to CSAH 19, Albertville
has pursued CSAH 19/1-94 interchange improvements since its original Comprehensive
Plan. Exhibit C provides a description of improvements, a summary of costs, and a
tentative schedule for improvements.
CSAH 19 Improvements (Exhibit D)
With growing traffic volumes in Albertville and surrounding communities, improvements
to CSAH 19 are required to:
• Accommodate growing through traffic.
• Improve access to CSAH 37 and 1-94.
• Manage site access.
• Accommodate traffic from a new growth in Otsego.
M:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Planning -Item 3c_NW Land Use Study Report _10.13.09 PZ
Mtg.docM:\Public Data\City Council\Council Packet information\2009\11-02-09\11 02 2009 Planning -Item 3c_NW Land Use Study
Report_10.13.09 PZ Mtg.doc
Agenda Item No. 9..1: �.. 5.
Meeting Date November 2, 2009
124
As illustrated on Exhibit D, the long range plans for CSAH 19 are as four lane, divided
highway with full signalized intersections at the outlet mall entrance, 67th Street, and
70th Street. Right -in and right -out intersections will be provided at 68th Street and at the
_.shared property line of Otsego _T_bol_and Oman Bros. lots. -
Property owners along CSAH 19 have expressed the need for both the 1-94/CSAH 19
interchange improvements and CSAH 19 improvements to make their properties more
commercially viable.
Northeast Wright County Transportation Plan
The Northeast Wright County Transportation Plan outlines future County highway
improvements that will influence land use and development within the study area.
• 70th Street is anticipated to become a County highway replacing CSAH 37. The
highway is intended to be an east -west collector street extending between
Highway 101 and a future Kadler Avenue/1-94 interchange. This highway
exchange impacts Albertville's Northwest Study Area in two ways:
1. As an east -west collector street, this area can anticipate increased traffic
traveling through the area to gain access to 1-94.
2. As a County highway, local street intersections will be subject to Wright
County access spacing guidelines. The City of Albertville's local streets
will not meet these guidelines requiring negotiations with the County and
the City of Otsego.
Kadler Avenue/1-94 Interchange (Exhibit E)
The City of Otsego is advocating for a full interstate interchange at the approximate
location of Kadler Avenue. This interchange is consistent with the Northeast Wright
County Transportation Plan. Exhibit E illustrates the concepts for interchange design.
These concepts illustrate this interchange at Albertville's western boundary will affect a
number of City properties, local street patterns, and will provide immediate access to
Albertville's Northwest Study Area. There is no definite schedule for the Kadler/1-94
interchange improvements.
2003 ALTERNATIVE URBAN AREA -WIDE REVIEW (AUAR)
In 2003, the City approved an Alternative Urban Area -wide Review (AUAR) for the
northwestern corner of Albertville. The AUAR examines the long range development
potential and proposes a concept subdivision for a portion of the study area (see Exhibit
F). This concept plan reflects the industrial land use pattern and subdivision showing
anticipated local streets and future lot arrangements. Existing natural wetlands and
M:\Public Data\City Council\Council Packet infonnation\2009\1 1-02-09\1 102 2009 Planning -Item 3c_NW Land Use Study Report_10.13.09 PZ
Mtg.docM:\Public Data\City Council\Council Packet infonnation\2009\11-02-09\11 02 2009 Planning -Item 3c_NW Land Use Study
Report _10.13.09 PZ Mtg.doc
Agenda Item No. 9.H.S.
Meeting Date November 2, 2009
125
drainageways are maintained and integrated into the concept as a stormwater
management element.
Exhibits G -and H from the 2003 AUAR _illustrate_ -the -extension of utilities through the
Northwest Study Area. City Engineer review of these concepts reveals that both the
routing and utility sizes are still relevant to future commercial and industrial development
in this area of the City.
COMPREHENSIVE PLAN AMENDMENTS
The aforementioned transportation improvements will serve to improve access and
visibility to the Albertville's Northwest Study Area. To take advantage of these
improvements, the City wants to re-examine its long range land use planning for the
areas and re -guide the area that will provide the strongest land uses and greatest
economic return on public investment.
In examining the Comprehensive Plan, the following changes are anticipated:
1. Amendment to the City -Wide Proposed Land Use Plan (dated 3-24-04).
2. Amendment to Planning District Seven that addresses the land use and planning
recommendations for the northwest corner of Albertville.
The Comprehensive Plan amendment (Exhibit 1) illustrates the amended Land Use Plan
and Planning District Seven.
Attachments:
Exhibit A:
Proposed Land Use Plan (Current)
Exhibit B:
Comprehensive Plan - Planning District Seven (pages
language)
Exhibit C:
1-94/CSAH 19 Interchange Summary
Exhibit D:
CSAH 19 Improvements
Exhibit E-1:
Kadler/1-94 Interchange Concept
Exhibit E-2:
Kadler/1-94 Interchange Concept
Exhibit F:
2003 AUAR Concept Plan
Exhibit G:
2003 AUAR Water Master Plan
Exhibit H:
2003 AUAR Sanitary Sewer Master Plan
Exhibit 1-1:
Comprehensive Plan Amendment (Proposed Text)
Exhibit 1-2:
Planning District Map (Amended) (page 39)
Exhibit 1-3:
Transportation Plan
Exhibit 1-4:
Proposed Land Use Plan (Amended)
Exhibit 1-5:
Planning District Seven Map (Amended) (page 77)
75-76 of existing
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 102 2009 Planning -Item 3c_NW Land Use Study Report 10.13.09 PZ
Mtg.docM:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1 02 2009 Planning -Item 3c_NW Land Use Study
Report _10.13.09 PZ Mtg.doc
Agenda Item No. 9. i i.. 5.
Meeting Date November 2, 2009
126
2009 ALBERTVILLE COMPREHENSIVE PLAN AMENDMENT
PLANNING DISTRICT 7
This amendment is intended to guide land use, zoning, transportation, planning and
utility infrastructure in Planning District 7 of the Albertville Comprehensive Plan. Where
conflict exists between the 1996 Albertville Comprehensive Plan and this amendment,
this document shall govern.
DISTRICT SEVEN
District Seven is located in the northwest portion of the City. It is bounded by CSAH 19
to the east, Interstate 94 to the southeast, CSAH 37/651h Street NE to the southwest,
Kadler Avenue to the west, and the City limits to the north (70th Street). Much of this
district remains undeveloped with the majority of the land still being in agricultural use.
District Seven also contains the Albertville outlet mall, a major retail destination in the
State. Other small commercial sites have developed since the introduction of the outlet
mall to the advantage of this major attraction. In looking to the future, the Proposed
Land Use Plan guides Planning District Seven to commercial and business park land
uses.
LAND USE
Commercial land uses expand from the outlet mall, 1-94, and CSAH 19, building on the
regional attraction of the Albertville outlet mall. This land use pattern is anticipated to
benefit from growing residential markets in Otsego and increased traffic generation
through this area of the City.
The balance of District Seven is guided as business park. The business park land use
category includes a full range of commercial (retail, office, service, entertainment,
recreational, and medical) land uses but also may include limited industrial land use
(warehousing, showroom, light manufacturing, assembly, and offices).
High quality in building and site design is critical to the functional and aesthetic success
of a business park environment. The City Zoning Ordinance shall be evaluated with
regard to establishing the appropriate zoning and building standards to achieve the
City's vision for the commercial and business park development in Planning District
Seven.
These changes in land use are reflective of needed transportation improvements in the
area that will greatly improve accessibility and visibility of the properties within District
Seven.
EXHIBIT 1-1
127
TRANSPORTATION
The timing, type and quality of development will be dependent on both the regional and
local transportation infrastructure. _Within Planning District Seven -the--City-will pursue -
the following improvements based on ability to finance and the cooperation of other
benefited governmental jurisdictions.
Regional Improvements
1. Development of a full 1-94 interchange access at CSAH 19. This improvement
involves Federal, State, County and local governments. The City has taken the
lead in this effort through planning and right-of-way acquisition. This project is
being pursued in incremental phase to make the project affordable.
2. CSAH 19 improvements from a current two lane, rural section to a four lane,
urban divided highway from 1-94 to 70th Street. The project also involves
establishing full access intersections at the outlet mall entrance, 67th Street, and
70th Street. These full intersections will be designed with traffic signals, turn
lanes, and through lanes to insure safe traffic movements. This project is
needed to accommodate growing traffic volumes and to establish local street
spacing along this County road.
3. The Northeast Wright County Transportation Plan calls for the future exchange of
70th Street for CSAH 37. 70th Street is intended to become a major east -west
County highway that connects Highway 101 to the future Kadler Avenue
interchange.
This future County highway vision will make 70th Street a significant travel route
through Otsego and northern Albertville. This improvement anticipates the
application of County highway design and spacing guidelines.
Albertville's proposed street intersections onto 70th Street do not meet County
spacing guidelines due to environmental constraints and desired land use
planning. In this regard, the City hopes to establish the access points while 701h
Street remains under City control and demonstrate the appropriateness of the
intersection locations.
4. The Northeast Wright County Transportation Plan also identifies a future 1-94
interchange at approximately Kadler Avenue on the western border of the City.
Currently, there is no schedule for this improvement. Otsego has prepared some
concept plans for this interchange that rely on property within Albertville. While
the City is open to the Kadler interchange, the City has not approved any plans
or committed to any financing.
The eventuality of the Kadler interchange will place Planning District Seven
between two major freeway interchanges, significantly influencing traffic patterns,
commercial markets, and potential land uses within this district.
EXHIBIT 1-1
128
Local Streets
A conceptual local street system is shown -on the Planning District Seven -Transportation- - -
Plan. This concept plan establishes local street corridors that attempt to achieve the
following design objectives:
1. CSAH 19 and 70t" Streets are the collector streets that will provide the primary
access to Planning District Seven. The plan will prohibit direct lot access to
these collector streets. Local street connections will be spaced and located in a
manner that protects the function of the collector streets.
2. The local street design is intended to channel traffic to collector streets at
signalized intersections.
3. The local street layout attempts to accommodate future commercial and business
park subdivision designs with minimal impact on natural wetland and
drainageways.
4. The dashed line street layouts represent design options to mitigate traffic
congestion and/or site access concerns.
The improvement of CSAH 19 to a divided highway will limit access to the
Otsego Tool and Oman Bros. lot to right -in and right -out access. This restricted
access will complicate current site operations, and may reduce the viability of
future redevelopment. The Transportation Plan illustrates a backage road design
that would provide a second access to these sites allowing traffic to be routed to
the full intersection at 67th Street.
Currently, there is no public street right-of-way for this backage road.
Implementation of this concept will require the cooperation of three private
property owners to establish either a public or private street connection. The City
may assist the private property owners to encourage the creation of this backage
road.
Another area of concern is providing a second access to the outlet mall.
Currently, this major retail facility has only point of access from CSAH 19.
Currently, this transportation network adequately serves this property, however,
during peak shopping days, traffic to the outlet mall congests the public street
system and delays site access and egress.
Future development, both in Albertville and Otsego, will increase traffic volumes
on CSAH 19. This will increase traffic congestion for the outlet mall, raising
concerns for convenient traffic movement, traffic safety, and public safety
departments (police, fire, ambulance) access to the outlet mall.
The Transportation Plan conceptually illustrates a second access/egress point at
the west end of the outlet mall. This street concept connects the outlet mall back
EXHIBIT 1-1
129
to 67th Street. Implementation of the outlet mall second access is constrained by
building location, existing wetlands and ponding, and billboards. However, as
development surrounds the outlet mall, the need for a second access point will
become more apparent. The City will work with the outlet mall -to- provide -this ------
second access.
UTILITIES
Sanitary sewer and water exist within 67th Street. These utilities are sized and located
to serve Planning District Seven's future commercial and business park land uses. With
the development of land north and west of 67th Street, the City will require the extension
of these utilities. All water systems will be looped to provide adequate water supply and
pressure.
STORMWATER
Stormwater drainage of Planning District Seven is currently reliant on natural
drainageways and wetlands. Recent concerns for stormwater flooding require some
examination and cleaning of existing drainageways.
Future development of Planning District Seven will promote the utilization of natural
drainageways, existing wetlands, and regional ponds. This strategy is intended to
reduce investment in storm sewer, provide for natural stormwater treatment, reduce the
need for stormwater ponding on individual lots, and provide an attractive greenway
through this commercial/business park areas.
SUMMARY OF DISTRICT SEVEN RECOMMENDATIONS
1) Promote a mix of commercial and light industrial land uses that offer a full range
of opportunities and amenities.
2) Establish zoning and building performance standards that outline the City's
design vision for the business park land use areas. All business park
development shall portray high quality building and site design.
3) The City will continue to pursue completion of the 1-94/CSAH 19 interchange as a
means of promoting the desired commercial and business park development in
the region and relieving congestion at the 1-94/CSAH 37 interchange as the
community continues to grow.
4) The City will pursue the upgrade of CSAH 19 from a two lane, rural highway to a
four lane, divided urban highway from 1-94 through 79th Street.
5) Local streets within Planning District Seven will be laid out to accommodate
future commercial business park lots, minimize impacts of natural wetlands and
EXHIBIT 1-1
130
drainageways, and provide convenient and safe access and egress to 70th Street
and CSAH 19.
6) The City will work with private property owners --to implement street/access-
improvements that provide a second point of access for lots where access is
limited.
7) The City will promote coordination between property owners as development
takes place to account for area wide issues such as street access, utility layouts,
wetland mitigation, and regional stormwater management.
EXHIBIT 1-1
131
• E tac> L TON NA � N K , i NC®
Consulting Engineers & Surveyors
" 7533 Sunwood Drive NW • Ramsey, MN 55303
Phone (763) 433-2851 • Fax (763) 427-0833
www.bolton-menk.com
MEMORANDUM
Date: October 26, 2009
To: The Honorable Mayor and City Council
Cc: Larry Kruse, Albertville City Administrator
From: Adam Nafstad, P.E., Albertville Engineer
Subject: Project Status Update
The following is a brief project status update as of October 26, 2009:
1. Kalland Avenue Sidewalk
Plans to correct the sidewalk are complete, but due to wet and cold weather
conditions the work has not commenced. At minimum, nine days of favorable
weather is needed to complete the project. Based on current weather forecasts, staff
is reluctant to begin construction this year and recommends postponing the work until
spring.
2. Niemeyer Trailer Sales
It is our understanding that construction of the building will begin in the spring.
Work to be performed yet this year, if any, will most likely be limited to minor
grading and restoration activities.
3. CSAH 37 (West) Utility Extension —Niemeyer Development
Installation of the lift station control panel and pumps will be completed, along with
the concrete pad and driveway, in the spring.
4. I-94 Westbound Collector Distributor Road
Final design is near complete. The design team is working to complete the utility
relocation agreements and secure all permits. Major project components continually
being worked include right-of-way acquisition and funding options. Staff is working
with Nagell Appraising to determine benefitting properties and degree of benefit.
Ultimately, staff will develop a preliminary assessment for Council consideration.
Nagell is also completing the appraisal of the needed right-of-way for ponding. Once
this appraisal is completed, staff will seek Council authorization to send an offer
letter. Staff is also working to create a funding task force consisting of council
members, county commissioners, and staff from both agencies to develop a funding
and implementation strategy.
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1 02 2009 Engineer's Report October 25, 2009.doc
Agenda Item No. 9.1.1, .
Meeting Date November 2, 2009
133
\ Albertville Project Status Update
1 10/26/09
Page 2 of 2
5. Hunters Pass
During the week of October 26th, RC Grading repaired a watermain leak and
completed several of the outstanding punchlist items. The costs associated with the —
water leak and punchlist items will be paid using funds previously drawn from the
letter of credit once held for the development.
6. Towne Lakes 6th Addition
Staff is working with the Owner (M&I) and their representative to amend the
development contract and complete the trunk watermain in 2009. M&I has been
informed that the amendment is contingent upon the trail easement needed on Outlot
B of the 6th Addition.
7. Towne Lakes Trunk Watermain Extension
Staff is working to complete the agreements between the City and M&I, as well as,
the construction contracts. Once all documents are approved by both the City and
M&I, Northdale will receive the award for the contract. It is anticipated that
construction will begin mid -November.
8. Albert Villas 6th Addition — 2009 Improvements
All sidewalk and landscaping items are complete. As part of the improvements, a
temporary bituminous pedestrian ramp was added to the Kassel Avenue sidewalk,
north of the 49th Street intersection.
9. Winter Park Improvements
The Contractor has completed all punchlist items and staff will be working to close
out the project.
10. Albertville Marketplace
Construction of the convenient store is progressing well. The Contractor intends on
having the structure enclosed and the parking lot paved by mid -November. It is
anticipated that the facility will be opening in January, but an official opening date
has yet to be set.
I will be at your November 2nd City Council meeting to discuss any questions concerning
these and/or other projects taking place in town.
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1 02 2009 Engineer's Report October 25, 2009.doc
Agenda Item No. 9.1..1' .
Meeting Date November 2, 2009
134
A,1bertvi11e Mayor and Council Communication
,t,� ft0tWU1
October 29, 2009
SUBJECT: LEGAL — TOWNE LAKES 6' ADDITION WATER LINE INSTALLATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion: Approve ADDENDUM TO STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT AND PETITION TO COMPLETE WATER LINE
INSTALLATION, TOWNE LAKES 6TH ADDITION.
BACKGROUND: The City has previously approved contract documents for the installation of
a watermain in Towne Lakes Sixth Addition, as well as an Agreement with M&I Bank to
reimburse the City for these costs. Subsequent to that approval, M&I has requested an
Addendum to the construction contract and.a different form of agreement with the City than that
approved at the last meeting.
The Addendum changes are mostly legal and insurance related, which in summary make M&I a
third party beneficiary under the contract (giving then an interest in the contract and enforcement
rights if the City does not enforce the contract), require the contractor to provide indemnification
to M&I, and name M&I as an additional insured on the contractor's insurance policies and
bonds. The only substantive change from the City's perspective is that all change orders must be
approved by M&I before the City can authorize the contractor to proceed with the change.
The Petition contains all of the same substantive provisions of the water line installation
agreement previously approved by the City, but is now in a form that M&I prefers.
Neither of these documents materially change what the Council approved at the last meeting,
except for M&I's approval of change orders as noted above.
KEY ISSUES:
• M&I approves the plans and specs and authorizes the installation of the watermain.
• M&I is still obligated to reimburse the City for the costs of the watermain.
• Alliance Bank authorizes the City to draw on the letter of credit if M&I fails to reimburse
the City for the costs.
• All change orders now have to go through M&I as well as the City.
POLICY CONSIDERATIONS: The Council is not obligated to approve the Addendum and
the Petition, but doing so will result in the installation of the watermain connection which Staff
has determined will be beneficial to the residents of Hunters Pass and to the City as a whole.
M:\Public Data\Requests for Council Actions (RCA)\2009\11 02 2009 Legal RCA for construction addendum and petition (TL).doc
Agenda Item No. 9.J. 1.
Meeting Date November 2, 2009
Mayor and Council Communication —October 29, 2009
Towne Lakes 6th Addition Amendment
Page 2 of 3
FINANCIAL CONSIDERATIONS: There are no financial considerations for the City since
the City has a letter of credit to cover the costs of installation of the watermain, M&I is agreeing
to reimburse the City, and Alliance Bank is authorizing the City to draw on the existing letter of
credit in the event M&I does not pay.
LEGAL CONSIDERATIONS: The Petition is consistent with what the City Attorney
expected to see and the Addendum does not change the City's rights except for the requirement
that M&I approve change orders, as noted above.
Respectfully submitted,
4RRK—�'Larry.use
City Administrator
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments:
AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT TOWNE
LAKES 6TH ADDITION
M:\Public Data\Requests for Council Actions (RCA)\2009\1 102 2009 Legal RCA for construction addendum and petition (TL).doc Agenda Item No. 9.J. L
Meeting Date November 2, 2009
13b
ADDENDUM TO STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
This Addendum is hereby attached to and made apart of the -Standard -General Conditions
of the Construction Contract Edition C-700 EJCDC — 2002 Towne Lakes Trunk Watermain
Improvements — Albertville, MN (the "General Conditions") by and between the City of
Albertville ("City") and Northdale Construction Co., Inc. ("Contractor") dated
, 2009, for certain general contractor services to be performed by Contractor
in connection with trunk watermain improvements to the Towne Lakes 6th Addition. If any term
or provision of this Addendum conflicts or is inconsistent with any term or provision in the
General Conditions, this Addendum shall control.
The General Conditions are hereby amended, modified and revised as follows:
1. Notwithstanding anything contained in the Contract Documents to the contrary,
Contractor acknowledges Owner does not hold fee title to the Site, but instead such lands are
owned by M&I Marshall & Ilsley Bank ("M&I"). M&I is intended to be a third party
beneficiary of the Contract Documents. M&I shall have access to the Site and the right to review
the Work at anytime throughout the Project. If M&I requests Contractor to conduct Work that is
not within the scope of the plans and specifications provided by Owner, then prior to conducting
any such requested Work, the Contractor shall notify the Owner and shall obtain the Owner's
prior written consent in the form of a Change Order. Contractor acknowledges and agrees that
all Change Orders to the Project require the prior written consent and approval of Owner and
M&I. Contractor shall not take direction from M&I regarding any portion of the Work referred
to in the Contract Documents without the prior written consent of the Owner.
2. Contractor agrees that M&I shall be named as a beneficiary under all performance
and/or payment bonds required by the Contract Documents. Prior to the commencement of the
Work, Contractor shall furnish M&I with copies of all applicable bonds.
3. Notwithstanding anything contained in the Contract Documents to the contrary, M&I
shall be named as an additional insured under all insurance policies required by the Contract
Documents to be purchased and maintained by Contractor except any professional liability
policy and any workers' compensation insurance policy. Prior to the commencement of the
Work, Contractor shall deliver to M&I certificates of insurance consistent with the Contract
Documents and the foregoing requirements.
4. Notwithstanding anything contained in Article 14 of the General Conditions to the
contrary, each Application for Payment shall include a fully -executed lien waiver, in a form
acceptable to Owner and M&I, from Contractor (conditioned only upon payment of the current
draw request amount specified on the face of such lien waiver) for all labor and materials
reflected in such Application for Payment, and shall also include fully -executed unconditional
lien waivers from all subcontractors, materialmen and suppliers for all labor and materials
provided under any prior Application for Payment for which Owner has delivered payment to
Contractor.
137
5. Notwithstanding anything contained in the Contract Documents to the contrary,
Contractor shall indemnify, defend and hold harmless M&I and its officers, directors, employees,
agents and consultants from and against all claims, causes of action, costs, losses and damages,
_including, -but not limited to, reasonable attorneys' fees, arising out of or -related -to the Work,
provided that any such claim, cost, loss or damage is attributable to: (i) a breach by Contractor
of its obligations under the Contract Documents, or (ii) any bodily injury, death or damage to
property caused by the negligence or the acts or omissions of Contractor and/or its
subcontractors, suppliers or materialmen.
6. Notwithstanding anything contained in the Contract Documents to the contrary, M&I
and/or its assignee shall be entitled to rely upon and enforce any representation, warranty,
guarantee, replacement and/or repair obligation of Contractor set forth in the Contract
Documents in connection with the Project and/or Work.
7. This Addendum may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
8. If any term, provision or condition contained in this Addendum or General
Conditions shall, to any extent, be invalid or unenforceable, the remainder of this Addendum and
General Conditions (or the application of such term, provision or condition to persons or
circumstances other than those in respect of which it is invalid or unenforceable) shall not be
affected thereby, and each and every other term, provision and condition of this Addendum and
General Conditions shall be valid and enforceable to the fullest extent permitted by law.
9. Capitalized terms not otherwise defined herein shall have the respective meanings
ascribed to them in the General Conditions.
The parties have executed this Addendum as of the day of , 2009.
CITY OF ALBERTVILLE:
By:_
Name:
Title:
NORTHDALE CONSTRUCTION CO. INC.
By:_
Name:
Title:
4309668_1
2
138
PETITION TO COMPLETE
WATER LINE INSTALLATION
DATE: October _, 2009
PROPERTY: Lots 1-44, Block 1; Lots 1-5, Block 2 and Outlot B of the Towne Lakes 6ct,
Addition, Albertville, Minnesota
OWNER: M&I Marshall & Ilsley Bank ("M&I")
OWNER'S REPRESENTATIVE: City of Albertville ("City")
City of Albertville:
Pursuant to the Agreement Relating to Cost of Utility Installation dated October 14,
2009, by and between M&I and City ("Agreement"), M&I has reviewed and approved the Plans
and proposals delivered by Adam Nafstad, City's Engineer. M&I hereby petitions City to
complete the Work on behalf of M&I. Further, M&I directs City to award the Work to
Northdale Construction Co., Inc. ("Northdale") pursuant to Northdale's proposal in the amount
of $53,333,56 (a copy of which is attached hereto as Exhibit A). City shall enter into a
construction agreement with Northdale for the completion of the Work consistent with the
Project Manual dated October 12, 2009.
Prior to Northdale's commencement of the Work on the Property, City shall deliver to
M&I: (a) a copy of the fully executed construction agreement between City and Northdale, as
revised to incorporate M&I's comments circulated by email to Mr. Nafstad and Mr. Couri on
October 21, 2009 and revised by Mr. Couri on October 27, 2009; (b) copies of the performance
and payment bonds identifying M&I as a beneficiary owner; and (c) copies of Northdale's
insurance certificate(s) as required by the Project Manual identifying M&I as an additional
insured.
In accordance with Section 5 of the Agreement, M&I acknowledges and agrees that it
shall be responsible for the cost of the Work (in accordance with the proposal from Northdale) to
include the cost of the Feasibility Study, reasonable engineering, administrative and attorney fees
in connection with the preparation of the Feasibility Study, the Plans and the Agreement
(collectively, the "Project Expenses"). Pursuant to Section 6 of the Agreement, M&I
acknowledges and agrees that M&I shall reimburse City for the Project Expenses within thirty
(30) days of receipt of City's invoice and unconditional lien waivers consistent with paragraph 4
of the Addendum To Standard General Conditions of the proposed contract between Northdale
and the City.
As security for M&I's payment of the Project Expenses, M&I has delivered concurrently
with this Petition a letter from Alliance Bank authorizing City to draw on Alliance Bank's Letter
of Credit No. 6512-117 related to the Property to reimburse itself for the Cost of the Work to the
extent M&I wrongfully does not timely remit payment for the Project Expenses to City in
accordance with the terms and conditions outlined above. Notwithstanding the foregoing, City
shall provide M&I with at least ten (10) days' written notice prior to submitting a request to
Alliance Bank to draw upon Letter of Credit No. 6512-117 in the event M&I wrongfully
withholds payment for the Project Expenses. In the event M&I fails to reimburse the City and
139
the City is unable to be reimbursed from the Letter of Credit, the City may special assess all such
Project Expenses to the Property, including costs incurred in imposing the special assessment.
Capitalized terms not otherwise defined herein shall have- the respective meanings -
ascribed to them in the Agreement.
Please acknowledge receipt and acceptance of this petition and the terms contained herein
by signing in the space provided below.
M&I MARSHALL & ILSLEY BANK
By: _
Name:
Title:
The undersigned acknowledges receipt of this notice on , 2009.
ACCEPTED AND AGREED:
CITY OF ALBERTVILLE
By:
Name:
Title:
W
140
EXHIBIT A
141
physical conditions at the site or otherwise may affect the cost, progress, performance or
furnishing ofthe Work as BIDDER considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents, including specifically the provisions of
Paragraph 4.02 ofthe General Conditions; and no additional examinations, investigations,
explorations, tests, reports or similar information or data are or will be required by BIDDER
for such purposes.
(e) BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect of said Underground facilities are or will be required by BIDDER in order to
Perform and furnish the Work at the Contract Price, within the Contract Time and in accor-
dance with the other terms and conditions of the Contract Documents, including specifically
the provisions of paragraph 4.04 ofthe General Conditions.
(f) BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it
has discovered in the Contract Documents and the written resolution thereof by ENGINEER
is acceptable to BIDDER
(h) BIDDER certifies that this proposal is made and submitted without fraud or collusion with
any other firm or corporation whatsoever. This Bid is genuine and not made in the interest of
or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or corporation; BIDDER
has not directly or indirectly induced or solicited any other Bidder to submit a false or sham
Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any
other Bidder or over OWNER-
(i) The BIDDER acknowledges the right ofthe OWNER to reject any or all Bids, waive any
irregularities or informalities therein and award the Contract to other than the lowest Bidder
if, in its discretion, the interests of the OWNER would be best served thereby.
4. The BIDDER will complete the Work for the prices shown in the BIDDING SCHEDULE.
BIDDER understands that the quantities of work shown on the BIDDING SCHEDULE are
approximate only and are subject to increase or decrease; that all quantities of Work, whether
increased or decreased within the limits described in Supplementary Condition SC- 11.03.0 are to
be performed at the unit prices shown on the BIDDING SCHEDULE, and that, at the time of
opening the Bids, totals only will be read, but that comparison of Bids will be based on the correct
summation of item totals obtained from the unit prices bid.
(a) If the project is bid in sections, the Contractor must bid all sections. The sum ofthe
respective bids for each section will be used to determine the total bid price.
(b) After the bids are opened and prior to award of the Contract, the OWNER, at its discretion,
may revise the project scope to eliminate all or portions of the project to meet budget
constraints. In this event, no payment will be made to the CONTRACTOR for the deleted
work, nor shall any adjustment be made to the unit prices bid due to the reduction ofthe scope
of the projector the reduced quantities of work items. The OWNER shall use the total
amount bid for the entire project to determine the lowest bidder.
(c) The award ofthe contract will be made to the lowest, responsible bidder, based on the
proposal with the lowest TOTAL PROJECT BID PRICE.
City of Albertville - RI3.101489 PROPOSAL
10/1/2009 ® Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00410-2
142
3
143
If BIDDER is:
An Individual SUBMITTED on 20_.
By (Seal)
Qndivldud'i Name)
Doing business as
Business Address
Phone No.:
A Partnership SUBMITTED on 20
By (Seal)
(Firm N—)
Purrw)
Business Address
Phone No.:
City of Albertville - R13.101489 PROPOSAL
1011/2009 A Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00410-4
0
144
A Corporation SUBMITTED on i
209
By
(N—rP AWhcriwd to Sign) `
MOO
'
(Sianw—)
(Corporate Seal),k)o '5 �
Attest
Business Address �l1bb" ""Itsr�tk 1.
Phone No.:.ni:i. Ua�6-tA%
A Joint Venture SUBMITTED on,
20_.
By
' �sige.mld>
By
(Each Joint Venture must sign. The manner of signing for each individual, partnership and coiporation that is a
party to the joint venture should be in the manner indicated above):
';< "END:OF SECTION""
'
PROPOSAL.
Cityof Albertville - Ri J 0 i 489
10/I%2009 ® Bolton & Menk, Inc. 2009, All Rights Reserved .
PAGE 00410-5 '
5
145
BID FORM
TOWNS LAKES'IRUNK WATERMAIN EXTENSION
CITY OF ALBERTVILLE, MINNESOTA:
—
BMI PROJECT NO. R13.101489
BIDDER agrees to perform all. of the work described in the CONTRACT DOCUMENTS for the following unit prices:
^.
NOTE: BIDS shall include salestax and all applicable taxes and fees.-
BIDDER must. fill in unitprices in numerals; make.extension for each:item,
and total.
CY (LV) = Cubic Yards, Loose Volume
CY (EV) = Cubic Yards,' Excavated Volume
CY (CV)'=.Cubic Yards; Compacted V..olume (Measured in _Place)
(P)=Planned Quantity Basis of Measurement" `
ITEM
APPROX.
UNIT
NO ITEM
QUANT.
UNIT
PRICE
AMOUNT
-
1 MOBILIZATION::::
1
LS
2 EXPLORATORY' EXCAVATION (1)(2)
4
HRS
t�r� ,Ob
�4;00 0b
f
3 COMMON EXCAVATION (CV)(P)(3)'
3,350
CY
4 CONNECT TO EXISTING
2:.
EA
b$1 • i t 7
13�3. [8 '>
5 6"PVCWATERMAIN,C900.
33
LF
14�lSN
6 8" PVC WATERMAIN,.C900
93
7 10" PVC WATERMAIN, C900
1,140
LF
„0 f
aa:S 79.SO
8 6" GATE VALVE & BOX
2
EA
9 101, GATE VALVE & BOX .: .._'
2
EA
10 HYDRANT -WATEROUS PACER WB-677250- V BURY
Ek
11 WATERMAIN FITTINGS - EPDXY COATED:(1)(2)
900
LB
(,,.I b
cLy;�4)
.12 4.' THICKNESS POLYSTYRENE INSULATION (1)(2) ..:
4-
SY
13 SILT FENCE, PRE -ASSEMBLED (1)(2)
450
LF
I,�a:
2;�Q,0p .
14 CONSTRUCT ROCK ENTRANCE ::
1
iS
b5O,pp"
wm4cno
15 SEED, FERTILIZER, AND TYPE 1 MULCH (1)(2)
2
ACRE
66a.p0, .
12yy.Qy.
S 3 333
TOTAL AMOUNT BID $
x
(1) = Not sUBJECT.To MNmbT SPEC 1903.-
(2) = ESTIMATED QUANTITY ONLY. EXACT QUANTITY TO BE DETERMINED IN THE
FIELD ASDIRECTED BY
ENGINEER.`
;:(3) = INCLUDES ALL EXCAVATING AND GRADING REQUIRED FOR MINIMUM COVER REQUIREMENTS
_,(4) =INCLUDES SUPPORTING OF STORM SEWER CROSSING
(P) = PLANNED QUANTITY BASIS OF MEASUREMENT
.. ... _.
- - -
2009.TRUNK WATERMAIN EXTENSION, -
CITY OF ALBERTVILLE R13.101489
PROPOSAL
4306200_1
0
146
October , 2009
City of Albertville
5976 Main Avenue NE
Albertville, MN 55301
RE: Letter of Credit 6512-117
Contractor Property Developers Co
Towne Lakes 6th Addition
Dear
In accordance with the Agreement Relating to Cost of Utility Installation dated October 14,
2009, by and between M&I Marshall & Ilsley ("M&I") and the City of Albertville ("City") and
the Petition To Complete Water Line Installation dated , 2009 by and between
M&I and the City (collectively, "Agreement") regarding the completion of municipal water main
work by the City on behalf of M&I through that real property commonly known as Towne Lakes
Sixth Addition. This letter is to confirm the City may draw upon Letter of Credit 6512-117 to
reimburse City for the cost of the Work (as defined in the Agreement) to the extent M&I does
not pay for such costs within thirty (30) days of receipt of City's invoice along with
unconditional lien waivers consistent with paragraph 4 of the Addendum To Standard General
Conditions of the proposed contract between Northdale Construction Company and the City.
If you have any questions, please contact me at 651-
Sincerely,
ALLIANCE BANK
By:
Name:
Title:
cc: Michael Couri
4312373_1
147
A�Ibcrtvillc
smom Toum UVb1W 09 My Ufa.
MEMORANDUM
Date: October 29, 2009
To: City Council
From: Larry R. Kruse, City Administrator
Re: General Update
I-94 WEST BOUND COLLECTOR DISTRIBUTOR PROJECT
Shooting for a Spring 2010 construction on the $8,700,000 I-94 Project is a very challenging task
for staff. State and Federal requirements along with land condemnation processes will dictate the
ultimate schedule. Nagell Appraisal and Consulting has been hired to complete the appraisal of
the Lamar Stormwater Pond site, and to evaluate the assessment benefit for the commercial
properties. Wright County has expressed interest in also looking at the $2,700,000 CSAH 19
Project, which adds another dimension to assessment benefit and our ability to put together an
acceptable financing package. The recent meeting with the Wright County Board was very
positive and we hope to garner support from a number of property owners to be assessed.
5975 MAIN AVENUE (Old City Hall)
The building is available for rent. If you hear of any interested parties, please let me know.
CSAH 37 WEST UTILITY PROJECT
With the Sewer and Water Service District successfully in place; now staff will focus on getting
the lift station up and running in the spring and work on closing this project out. This has been a
very complicated project in many ways and I compliment the Council, staff, and consultants for
their good work getting this one accomplished!
FAMILY YOUTH COMMUNITY COLLABORATIVE (FYCC)
We have established insurance coverage for the collaborative through St. Michael. We meet
prior to the monthly STMA Arena Board meeting. Attached in the addendum of your packet is a
draft copy of last month's minutes.
JOBS TRAINING PROGRAM
Curtis Middendorf continues to work at City Hall under the Job's Training Program. The
additional help is appreciated.
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1-02-2009 City Admin Report (bm).doc
Agenda Item No. 9.K. L
Meeting Date November 2, 2009
149
Mayor and Council Communication — October 29, 2009
Administrator — Written Report Page 2 of 3
PSYK ASSESSMENT LAWSUIT
The judge has ruled in favor of the City of Albertville. I compliment City Attorney Mike Couri
and his assistant Sarah Schwarzhoff for their excellent trial work. Others playing a critical role in
the City's case included Cify Engineer Adam Nafstad and Appraiser William Waytas. A lot of
fine work that lead the judge to order in favor of the City. Congratulations!
LEUER-MUNSTERTEIGER LAWSUIT
The trial has been completed and briefs submitted. We can anticipate learning the Judges ruling
in early 2010. Again, I complement City Attorney Couri and his assistant Sarah Schwarzhoff
along with City Engineer Adam Nafstad and Appraiser William Waytas for their excellent trial
work.
HOEY SIGN COMPANY LAWSUIT
On Thursday, November 5th, City Attorney Mike Couri will represent the City in front of an
Administrative Law Judge as the Hoey Sign Company attempts to have the City pay for the new
mono -pole billboard in front of the Albertville Premium Outlet Mall rather than the cost to
simple move the former billboard sign.
DAYTON HOLDINGS/LAMAR SIGN AND POTTER BILLBOARD
Lamar continues it complaint against the City regarding the billboard located on Mike Potter's
land east of the I-94 and CSAH 37 Interchange. Jason Kuboushek, a League of Minnesota Cities
assigned attorney is handling the case.
GARDIAN ANGELS — SENIOR PROJECT
Staff met with Guardian Angels last week. A concept plan is headed to a special meeting to the
Planning Commission scheduled for Thursday, November 5th. Following that, the City Council
is asked to hold a special meeting on Tuesday, November loth to grant approval so Guardian
Angels can submit their application by the November 131h deadline.
PHIL MORRIS DEVELOPMENT
The $ Albert and Emma's Convenience store is progressing on schedule targeting a
opening.
SOCIAL HOST ORDINANCE
At the Albertville, St. Michael and IDS 885 Joint meeting, the Social Host Ordinance was
discussed. No action has been taken on the matter. Staff would like some direction from the City
Council on how they would like to proceed.
STATE OF MINNESOTA TAX INCREMENT FINANCING AUDIT
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1-02-2009 City Admin Report (bm).doc
Agenda Item No. 9.K. l..
Meeting Date November 2, 2009
150
Mayor and Council Communication — October 29, 2009
Administrator — Written Report Page 3 of 3
For the most part all issues have been resolved to the satisfaction of the State Auditor in our
earlier Tax Increment Audit. Staff continues to work on the Barthel Bus issues with City staff
finding most of the sustaining documentation supporting the project. Staff hopes to finalize and
close out any audit concerns by the end-ot the year.
ELECTRIC FRANCHISE AGREEMENTS
Wright Hennepin Cooperative has signed and returned their Electric Franchise Agreement and
we are still waiting for Xcel to sign and return their agreements.
KALLAND AVENUE NE SIDEWALK
It appears the Kalland Avenue NE Sidewalk will be a 2010 project.
EMPLOYEE HEALTH INSURANCE
My compliments to Finance Director Tina Lannes who lead the effort to evaluate insurance
options. Proposals ranged from a 3% increase to a 28% increase. Change from Health Partners to
Medica was a huge savings for the City and employees.
M:\Public Data\City Council\Council Packet information\2009\1 1-02-09\1 1-02-2009 City Admin Report (bm).doc
Agenda Item No. 9.K..1..
Meeting Date November 2, 2009
151