2009-12-07 CC Packet.A,,1bcrtvi11-c
Small Town Living. Big City Ufa.
ALBERTVILLE CITY COUNCIL
CLOSED SESSION AGENDA
MONDAY, DECEMBER 7, 2009
6:15 p.m.
1. CALL TO ORDER
2. UPDATE ON THE HOEY BILLBOARD LITIGATION
3. ADJOURNMENT
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1bcrtvillC
City of Albertville Council Agenda
Small Town Uving. BCity Ufa.
DECEMBER 7, 2009
6:. p
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. PUBLIC HEARING ON THE CITY'S LEVY CALLED TO ORDER — ROLL
CALL
This public hearing provides Albertville residents an opportunity to comment and ask
questions on the City's budget and related levy. Often time this hearing gets confused
with the Board of Equalization Hearing that is generally scheduled in the spring whereby
the City hosts a public hearing on property values. Any comments regarding property
values will be deferred to the Board of Equalization Hearing in the spring.
No Council action will be taken at this hearing. The budget will be considered during the
City Councils regular meeting.
2. PRESENTATION BY FINANCE DIRECTOR TINA LANNES
3. PUBLIC COMMENT
4. ADJOURNMENT
Nibertvi,11,C . Small City of Albertville Council Agenda
0 ow Uving. Big ty Us. ✓ a
December 7, 2009
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed
on the agenda or of general community interest. Advertised public hearings are scheduled as such so that
the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council
regarding specific agenda items, other than public hearings should indicate so and will be afforded an
opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to
speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to
speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council',
usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In
any case, citizens are asked to complete a `Request to Speak Card'.
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
4. CITIZENS OPEN FORUM — (time reserved 5 minutes)
5. AMENDMENTS TO THE AGENDA
6. MINUTES
A. Approve November 10, 2009 Special City Council minutes (pgs.3-6)
B. Approve November 16, 2009 regular City Council minutes (pgs 7-16)
7. 0 CONSENT AGENDA
All items with an asterisk () are considered to be routine in nature by the City staff and
will be enacted by one motion. There will be no separate discussion of these items unless a
Council member, staff, or citizen so requests. In such event, the item will be removed
from the Consent Agenda; a separate discussion will take place during the General Order
of Business and considered in its normal sequence on the agenda that will require a
separate motion.
Items
8.11.1. Public Works — Accept Resignation from Laura Kastner (pg 17).
8.13.2. Public Works — Accept Andy Swanson Application (pg 19)
8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 25-36)
8.E.2. Finance — Resolution accepting STMA Youth Baseball Donation
8.E.3. Finance — Resolution Setting Various Fees (pgs. 39-54)
8.F.1. City Clerk — Resolution Setting 2010 Official Holidays (pgs. 63-64)
City of Albertville Council Agenda
December 7, 2009 Page 2 of 4
8. DEPARTMENT BUSINESS
A. Fire Department
B. Public Works Department
1). 0 Accept Lauren Kastners' resignation from the Parks and Recreation
Committee (pg.17)
2). 0 Accept Andy Swanson's application to serve on the Parks and Recreation
Committee (pg.19)
C. Utilities Department (WWTP)
D. Building Department
1). Accept the Building Official's Report dated December 2, 2009 (pgs.21-24)
E. Finance Department
1). 0 Authorize the Monday, December 7, 2009 Payment of Claims (bills) for
check numbers 027711 to 027765 (pgs. 25-36)
2). 0 Approve Resolution No. 2009-045 entitled a Resolution Acknowledging
Donation from the STMA Youth Baseball (pgs. 37-38)
3). 0 Approve Resolution No. 2009-046 entitled a Resolution Setting Various Fees
for Services (pgs. 39-54)
4). 2010 Final Budget and Final Property Tax Levy
a. Approve the Resolution No. 2009-047 entitled a Resolution Adopting the
2010 Final Budget in the amount of $2,979,997 (pgs. 57-59)
b. Approve the Resolution No. 2009-048 entitled a Resolution Adopting the
2009 Final Property Tax Levy, taxes payable 2010, in the amount of
$2,939,755 (pg 61)
F. City Clerk
1). Approve Resolution No. 2009-049 entitled a Resolution Setting the 2010
Official Holidays Observed (pgs. 63-64)
G. City Council
1). Oral Update on the Joint Powers Water Board meeting
H. Planning and Zoning
1). Approve Ordinance No. 2009-025 entitled an Ordinance Placing a Moratorium
on Tattoo Parlors (pgs. 65-66)
I. Engineering
1). I-94 Schedule review (Verbal report)
2). CSAH 19 Engineering Proposal (pgs.67-68)
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City of Albertville Council Agenda
December 7, 2009 Page 3 of 4
J. Legal
1). Approve the Joint Agreement between the City of Albertville and St. Michael
entitled Agreement for Construction and Maintenance of a New Branch Library
as on file in the Office of the City Clerk (pgs. 69-76)
2). City Attorney's Update Regarding Full Moon Saloon Complaints (pgs. 77-81)
3). Consider Liquor Related Ordinance Amendments (discussion item) (pgs. 83-86)
K. Administration
1). 0 Cabinet/bulleting Board Purchase and install in City Hall Lobby (pg 88)
2). City Administrator Report (pgs. 89-90)
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City of Albertville Council Agenda
December 7, 2009 Page 4 of 4
9. ANNOUNCEMENTS and or UPCOMING MEETINGS
December 2009
8
7:00 p.m.
Planning and Zoning Commission meeting (CANCELLED)
14
6:00 p.m.
STMA Ice Arena Board meeting
21
6:30 p.m.
Truth -in -Taxation Hearing (if necessary)
21
7:00 p.m.
City Council meeting
23
1:30 p.m.
Christmas Day observed — City offices closing early
24
all day
Christmas Day observed — City offices closed
26
6:00 p.m.
Joint Powers Water Board meeting
26
7:00 p.m.
Committee of the Whole Workshop (tentative)
31
all day
New Year's Day observed — City offices closing early
January
2010
1
all day
New Year's Day — City-PW offices closed
4
7:00 p.m.
City Council meeting
11
6:00 p.m.
STMA Ice Arena Board meeting
12
7:00 p.m.
Planning and Zoning Commission meeting
18
all day
Martin Luther King Day observed — City offices closed
19
7:00 p.m.
City Council meeting TUESDAY
25
6:00 p.m.
Joint Powers Water Board meeting
25
7:00 p.m.
Committee of the Whole Workshop (tentative)
February 2010
1
7:00 p.m.
City Council meeting
8
6:00 p.m.
STMA Ice Arena Board meeting
9
7:00 p.m.
Planning and Zoning Commission meeting
15
all day
President's Day observed — City offices closed
16
7:00 p.m.
City Council meeting TUESDAY
22
6:00 p.m.
Joint Powers Water Board meeting
22
7:00 p.m.
Committee of the Whole Workshop (tentative)
10. ADJOURNMENT
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A.lbertvilie
7 02 atw UF,
SUBJECT: CITY COUNCIL MINUTES
Mayor and Council Communication
December 1, 2009
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following
motions:
Motion approve the Tuesday, November 10, 2009 special 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.
Motion approve the Monday, November 16, 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.
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. Kbuse
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: November 16, 2009 regular Council minutes
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Agenda Item No. 6.
Meeting Date December 7, 2009
A,lbertville
Small Town Uving. Big Cited Ufa.
CITY COUNCIL
SPECIAL MEETING
NOVEMBER 10, 2009
MINUTES
ALBERTVILLE CITY HALL
ROLL CALL
7:00 PM
PRESENT: Mayor Ron Klecker, Council members Larry Sorensen, Dan Wagner, John Vetsch,
and Tom Fay
OTHERS PRESENT: City Administrator Larry Kruse, City Clerk Bridget Miller, City Attorney
Mike Couri, City Planner Alan Brixius, and City Engineer Adam Nafstad
AMENDMENTS TO THE AGENDA
The following items were added to the agenda:
B. I-94 Project
C. STMA Ice Arena
MOTION BY Council member Sorensen, seconded by Mayor Klecker to approve the
Monday, November 10, 2009 Special City Council agenda to include the two (2) items: B. I-94
Project and C. STMA Ice Arena. Motion carried unanimously.
GUARDIAN ANGELS SENIOR HOUSING DEVELOPMENT
City Planner Brixius began the presentation by explaining the purpose of the meeting was to
consider a Senior Housing Concept Plan known as Guardian Angels. A couple of years ago staff
conducted research as to what site within Albertville would be best suitable for a housing concept
plan to service elderly individuals. There were a number of location that appeared to be the best
for such a concept, which a few sites included were the Leuer-Munsterteiger 11.79 acre piece of
property along CSAH 19 & 57th Street NE, Crow 95 19.25 acre piece of property on the corner of
50th Street & CSAH 19, and the Edina Development 14.52 acre piece of property off of CSAH 18
also known as Albert Villas 7th Addition.
Brixius went over the layout of the proposed concept plan. Brixius noted there would be a need
for a box culvert to accommodate County Ditch 9, Another concern was whether 51" Street NE
should run through the site and connect up with Kassel Avenue NE or if a cul-de-sac could be
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City Council Minutes
November 10, 2009
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constructed that would allow access for a private drive for Fire Department and or Emergency
access to the site.
Brixius reviewed the various levels of care that will be available within the complex. There will
be congregate living, assisted living, memory care, and commingled in the center will be a
commons/community room. In addition, there will be a separate area of care suites that will
provide skilled nursing for elderly residents that require short-term transitional care following
surgery procedures such as hip, knee, and or heart. The first phase that will be constructed is the
Congregate Living that will consist of a 47-unit HUD senior living complex.
Staff offered ten (10) comments regarding the concept plan.
1. County Ditch 9 will need to be re -graded and cleaned.
2. A new cul-de-sac must be constructed at the end of 51St Street NE. The Planning and
Zoning Commission along with the City Council should give direction to staff if 5 1 " Street
NE may end in a cul-de-sac or be required as a through street.
3. Water mains must be looped between 51St Street NE and Kassel Avenue NE.
4. Wright County review of the future plat will need to identify right-of-way needs for
County Road 18.
5. Kassel Avenue NE will need to be reconstructed to meet City design standards. Staff is
recommending that the Kassel Avenue NE and CSAH 18 intersection include a median
that replicates the intersection design north of CSAH 18.
6. Sidewalks shall be required along Kassel Avenue NE from the south property line to
CSAH 18.
7. For the multiple family units of three or more stories, the Zoning Ordinance require 50
percent or more be of brick or stone or an equivalent material approved by the City. The
proposed concept building elevations has a mixture of cement board and brick or stone.
8. The site must be re -graded to eliminate the dirt piles.
9. As the site plan; progresses to construction drawings, it shall be forwarded to the City Fire
Inspector to insure adequate fire protection and access.
10. The project will off an opportunity to finish the Albert Villas neighborhood and resolve a
number of problem items including:
a. _`Final construction of Kassel Avenue NE
b. Removal of dirt piles from the site
c. County Ditch 9 improvements
Brixius then gave the outcomes of the Planning and Zoning Public Hearing. The points that were
brought up were dealt with the CSAH 18 and Kassel Avenue NE intersection noting it will require
additional attention besides what is being recommended. With the current development it is
difficult to take a left when traveling west on CSAH 18 onto Kassel Avenue NE. The same when
you are traveling north on Kassel Avenue NE and want to take a right onto CSAH 18.
Brixius reminded the Council that this is a concept plan, which the applicant is present and is
looking for Council / City support.
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C-ouncil was supportive of the concept plan; however, they wanted to -know how to make sure
phase 2 through 5 will be enforced (age of occupants).
Dan Dixon of Guardian Angels of Elk River pointed out they are looking for Council consent on
the proposed Concept Plan. Guardian Angels has complied information for a HUD Application
that will be submitted to Washington DC for review. It is unknown as to how many applications
are in the works and will be submitted. Washington will be awarding only one (1) recipient the
HUD approval. Guardian Angels will let City staff know as soon as they(Mr. Dixon) hear from
Washington whether they are awarded the HUD Grant. Dixon anticipates notification by
winter/spring 2009-2010. Guardian Angels will then proceed with whatever the next steps are for
submitting a Preliminary Plat and or Final Plat.
MOTION BY Council member Vetsch, seconded by Council member Sorensen to approve the
support of a Guardian Angels Senior Housing Development Concept Plan to be located off of
CSAH 18 and Kassel Avenue NE within the Albertville city limits. Motion carried unanimously.
I-94 PROJECT
City Engineer Nafstad gave an update on the I-94 Project noting that staff met again with Wright
County Highway Department staff. Albertville continues to pursue the I-94 Interchange project
with hopes of obtaining support from the County. Nafstad reported that there is a very slight
chance that it may be a combined project at the County level with CSAH 19 North improvement.
Staff presented the thought to Council of incorporating the CSAH 19 North improvement with the
I-94 Project. By doing so, the City would have a better chance of obtaining the County's support.
City Attorney Couri went over the appraisals
include potential assessments for CSAH 19.
Mayor Klecker, Council members Sorensen,
Council member Vetsch opposed the process
STMA ICE ARENA EXPANSION
which Mr. Nagell would include appraisals to
Wagner, and Fay were in favor of proceeding.
Council member Wagner gave a very brief overview of the STMA Ice Arena meeting that was
held on Monday, November 9. Basically, the STMA members continue to pursue the second
sheet of ice.
ADJOURNMENT
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November 10, 2009
Page 4 of 4
MOTION BY Council member Fay, seconded by Council member Wagner to adjourn the
Tuesday, Novem5er 10, 2009 Special City Council meeting at p.m. otion carried
unanimously.
Bridget Miller, City Clerk
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A,lbertville
Small Town Uvina. Bic Citu Ufa.
ALBERTVILLE CITY COUNCIL
NOVEMBER 16, 2009
MINUTES
ALBERTVILLE CITY HALL
PLEDGE OF ALLEGIANCE — CALL TO ORDER
7:00 PM
The November 16, 2009 regular City Council meeting was called to order by Mayor Klecker at
7:00 p.m. who led the public in the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Ron Klecker, Council members John Vetsch, Dan Wagner, Larry Sorensen,
and Tom Fay
OTHERS PRESENT: City Attorney Mike Couri, City Engineer Adam Nafstad, Assistant City
Planner Carie Fuhrman, City Administrator Larry Kruse, Public Works Supervisor Tim
Guimont, and City Clerk Bridget Miller
ABSENT: none
RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS — no comments
CITIZEN FORUM
Mayor Klecker acknowledged there were a few members in the audience that had topics to
discuss that were not on the agenda.
First up were Cecelia Shettel and Renee Bartholome who were 17-year old residents
commenting on the Full Moon Saloon. The girls pointed out that the establishment holds
Karaoke on Thursday evenings, in which the back -door is prompted open. The rather loud
sound carries from the establishment to their homes where they are trying to sleep so that they
can get up for school in the morning.
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Agenda Item No. 6.
Meeting Date December 7, 2009
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City of Albertville
City Council Minutes
November 16, 2009
Page 2 of 11
Other comments the girls shared was the deck or ramp that was constructed. The girls wanted to
know if the owner was allowed to have tTie cTec ramp . Was a permit required to construct the
structure? If yes, was a permit submitted and approved by the City? Were inspections done?
Are the customers allowed to bring their alcoholic beverage onto the deck/ramp? The girls have
both witnessed a rather large crowd congregating on the deck/ramp, which makes you wonder
how many people can the deck/ramp hold.
Ms. Shettel went on to inform the Council that she has noticed beer bottles and other
paraphernalia on their property that is most likely from the customers that visit the Full Moon
Saloon. Ms. Shettel and Ms. Bartholome wanted to know if the Council was going to do
anything about the establishment. It was noted that this was not the first time residents have
come before the Council complaining about the Full Moon Saloon establishment.
James Lang of 11571 57th Street NE was invited to the podium to speak to the Mayor and
Council members. Mr. Lang wanted to bring to the Council's attention the fact that the Full
Moon Saloon and Bar had Chippendale Dancers on Sunday, November 8. Mr. Lang provided
paper copies of the Minnesota State Statute that such events shall not take place on Sundays.
City Council directed City Attorney Couri to prepare and send a letter to Full Moon Saloon and
Bar informing Mr. Mabusth of the violation(s) that have been occurring within his
establishment. It will include the handicap -deck that was constructed without a building permit.
City Attorney Couri was not certain how to go about the liquor aspect of the comments, in which
customers go outdoors for a cigarette because of the `Clean Air Act' that went into effect in
October 2008. Couri was unable to figure out how to go about monitoring the customers that
would purchase an alcohol beverage within the Full Moon Saloon then exit the rear door to have
a cigarette. Couri came to the conclusion that there appears to be causable evidence that the City
could deny the approval of the Renewal of the Liquor License when it comes before the Council
in March 2010.
Council then directed staff in addition to sending a letter to work with the residents to review
and put together a written notice and a plan as to how to proceed with the recent and prior
complaints against the Full Moon Saloon.
Residents inquired as to how long the process will take, which Couri commented it could be
January 2010 before the City would have to retrieve the data and then to allow for a public
hearing that would allow the owner sufficient notice. Couri reiterated what will take place.
Staff will collect and put together the list of violation that will include backup documentation or
evidence that will be presented to the Council. Upon reviewing the information the Council will
then set a date to hold a public hearing.
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Agenda Item No. 6•
Meeting Date December 7, 2009
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City Council Minutes
November 16, 2009
Page 3 of 11
AMENDMENTS TO THE AGENDA
The following amendments were made to the agenda:
Add: 83.2. Public Works — Treatment Plant Ponds (odor)
8.J.2. Acquisition Appraisals for CSAH 19 and Assessment Appraisals
8.K.1 Tattoo Parlors
Remove: 8.J.1. I-94 Nagell Final Appraisal
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the
Monday, November 16, 2009 regular City Council agenda to include thefollowing amendments:
Add: 8.B.2. Public Works — Treatment Plant Ponds (odor)
8.J.2. Acquisition Appraisals for CSAH 19 and Assessment Appraisals
8.K.1 Tattoo Parlors
Remove: 8.J.1. I-94 Nagell Final Appraisal
Motion carried unanimously.
MINUTES
November 2, 2009 regular City Council minutes
The following motion was mis-interpreted:
MOTION BY Council member Sorensen, seconded by Council member Wagner to prepare and
submit a request to the court for the City's cost and expenses associated with the CSAH 19
Assessment Appeal on the Psyk property. Council members Sorensen and Wagner voted aye.
Mayor Klecker, Council members Vetsch and Fay voted nay. Motion dies.
Mayor Klecker confirmed that he voted aye. Therefore, the Motion carried.
MOTION BY Council member Sorensen, seconded by Council member Fay to approve the
Monday, November 2, 2009 regular City Council minutes as amended, 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.
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Agenda Item No. 6•
Meeting Date December 7, 2009
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City Council Minutes
November 16, 2009
Page 4 of 11
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 six (6) items listed on the Consent Agenda, in which the following were pulled for
further discussion.
8.B.1. Approve the purchase of a second hockey rink in the amount of $11,621
8.E.2. Authorizing the purchase of two defibrillators for the City Hall Kitchen with funds
from a previous donation from the Lion's and CenterPoint Energy Grant
8.E.4. Authorizing the purchase of two commercial microwaves for the City Hall Kitchen with
funds from a previous donation from the Lion's
8.E.5. Authorizing to designate $2,000 City Hall table replacement with funds from a previous
donation from the Lion's
MOTION BY Council member Fay, seconded by Council member Sorensen to approve the two
(2) remaining items on the November 16, 2009 Consent Agenda that included: 8.E.1. Authorize
the Monday, November 16, 2009 Payment of Claims (bills) for check numbers 027655 to
027704; and 8.E.3. Approve Resolution No. 2009-043 entitled a Resolution Accepting a Policy
to Allow Payment Before Council Authorization. Motion carried unanimously.
DEPARTMENT BUSINESS
FIRE DEPARTMENT — no comments
PUBLIC WORKs DEPARTMENT
Approve the purchase of a second hockey rink in the amount of $I1, 621 (item pulled from
Consent Agenda)
Public Works Supervisor Guimont reported that the Youth Hockey Association is willing to pay
or donate $3,000 and the Lions' are willing to donate $5,000 towards the purchase of an
additional Outdoor Hockey Rink. The second outdoor hockey rink will be half the size of the
current rink and will be location near the open area. The boards will be the same height as the
current structure.
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Agenda Item No. 6.
Meeting Date December 7, 2009
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City Council Minutes
November 16, 2009
Page 5 of 11
MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the
purchase of a second hockey rink with a cost not to exceed $11,621 with the Al�ertvll e ions
requested to cash the Certificate of Deposit so a portion could be donated towards the purchase
and construction of a second outside hockey rink ($5,000); the remaining balance would come
from the funded by the General Fund that has an estimated balance of $20,000. Motion carried
unanimously.
Public Works — Treatment Plant Ponds (odor)
Council member Wagner asked for a brief update on the ponds, which there was not too much to
report except for the ponds are okay.
UTILITIES DEPARTMENT (WWTP) — no comments
BUILDING DEPARTMENT — no comments
FINANCE DEPARTMENT
Authorize the Monday, November 16, 2009 Payment of Claims (bills) for check numbers
027655 to 027704
MOTION BY Council member Fay, seconded by Council member Sorensen to authorize the
Monday, November 2, 2009 Payment of Claims (bills) for check numbers Monday, November
16, 2009 Payment of Claims (bills) for check numbers 027655 to 027704 except the bills
specifically pulled, which are passed by separate motion. Motion carried unanimously.
Authorizing the purchase of two defibrillators for the City Hall Kitchen with funds from a
previous donation from the Lion's and CenterPoint Energy Grant (item pulled from Consent
Agenda)
City Administrator Kruse noted that the City of Albertville received a matching grant from
Centerpoint energy in the amount of $2,500 to purchase defibrillators for City Hall. Staff has
not purchased them due to the need of the matching $2,500. The Lions donated $10,000 to the
City of Albertville a number of years ago for a Community Center. The $10,000 has been
invested in a Certificate of Deposit until October 31, 2009. Recently, the Albertville Lions has
requested that the CD be cashed and applying $2,500 designated towards the purchase of the
defibrillators.
MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize
the purchase of one (1) defibrillator for City Hall with funds from a previous donation from the
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Agenda Item No. 6.
Meeting Date December 7, 2009
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November 16, 2009
Page 6 of 11
Albertville Lions and CenterPoint Energy Grant with the remaining balanced reserved for the
purchase of a second defibrillator in the future. Motion carried unanimously.
Approve Resolution No. 2009-044 entitled a Resolution Accepting a Policy to Allow Payment
Before Council Authorization
MOTION BY Council member Fay, seconded by Council member Sorensen to approve
Resolution No. 2009-044 entitled a Resolution Accepting a Policy to Allow Payment Before
Council Authorization. Motion carried unanimously.
(Resolution No. 2009-043 was previously used; therefore, the Resolution Accepting a Policy to
Allow Payment Before Council Authorization was renumbered Resolution No. 2009-044.)
Authorizing the purchase of two commercial microwaves for the City Hall Kitchen with funds
from a previous donation from the Lion's (item pulled from Consent Agenda)
City Administrator Kruse brought up the fact that the Lions donated $10,000 to the City of Albertville a
number of years ago for a Community Center. The $10,000 has been invested in a Certificate of Deposit
until October 31, 2009. The Lions requested the Certificate of Deposit be cashed in so they could donate
some of the funds to the outside hockey rink ($5,000). The cost for two commercial microwaves is an
estimated $2,000; replace the damaged coffee pot for $100, a commercial serving/utility cart for $1,000.
Kruse went on to note that there has been a need for a microwave since 2007 and the perk-o-later
coffee pots and various other smaller kitchen equipment were donated by non-profit
organizations.
MOTION BY Council member Fay, seconded by Council member Vetsch to authorize the
purchase of one (1) commercial microwave for the City Hall Kitchen with fund from a previous
donation for the Albertville Lion's and reserve the fund for the purchase of a second microwave
at a later date. Motion carried unanimously.
Authorizing to designate $2,000 City Hall table replacement with funds from a previous
donation from the Lion's (item pulled from Consent Agenda)
City Administrator Kruse shared the last items with the comments once again about the fact that the
Lions donated $10,000 to the City of Albertville a number of years ago for a community center. The
$10,000 has been invested in a Certificate of Deposit until October 31, 2009. The Lions requested the
Certificate of Deposit be cashed in so they could donate some of the funds to the outside hockey rink
($5,000). The currently is not a fund to replace the tables at as needed, the $2,000 designation would help
with future capital replacement of the tables.
M:Tublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 11-16-09 B-drafts.doc
Agenda Item No. 6•
Meeting Date December 7, 2009
12
City of Albertville
City Council Minutes
November 16, 2009
Page 7 of 11
MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize to
designate $2,000 from previous funds donated from the Albertville Lion's towards the purchase -
of replacement tables for City Hall with the slightly damaged tables being used to replace
damaged ones within Central -City Park. Motion carried unanimously.
CITY CLERK — no comments
CITY COUNCIL
Discuss whether to hold the December 21 regular Council meeting
Council wanted to table the potential of cancelling the December 21, 2009 until the December 7,
2009.
PLANNING AND ZONING — no comments
ENGINEERING
I-94 Interchange / CASH 19 Project (discussion outline attached)
City Engineer Nafstad noted that the City has an acquisition appraisal in hand for property
located along I-94 that would be used for the I-94 Ramp Improvement. Staff is asking the
Council to place the review of the Appraisal to the Monday, December 7, 2009 City Council
agenda.
Nafstad brought up the fact that the strategic area is the funding of the project. `How does the
City proceed with the I-94 Improvement?' and `Where does the funding come fromT
Nafstad reported that staff is aware that the City is not going to be able to fund the entire project
by itself. It is apparent that the County is not able to fund the CSAH 19 Project either. It is
unknown if the combination of both the City and County will be able to fund the Project.
Staff is recommending holding the Improvement Hearing is a necessary step in the process.
Putting together the Plans and Specifications and Ordering the Improvement is beneficial. Staff
noted that even though the process is being conducted or planned; when it comes down to it the
Council could decide not to proceed with the project because of the cost or other concerns. It
was noted that with the outcome of the appraisals, the City will have a better idea of what the
benefit will be for the property or properties north of 70th Street NE located in Otsego.
M:\PublicData\CityCouncil\CouncilMinutes\2009Minutes\Drafts\M 11-16-09 B-drafts.doc
Agenda Item No. 60
Meeting Date December 7, 2009
13
City of Albertville
City Council Minutes
November 16, 2009
Page 8 of 11
Staff looked to the Council for direction to acquire survey fees for the Land Acquisition for
right-of-way. City Attorney Couri demonstrated the properties the City would need to acquire
for right-of-way, which were select properties along CSAH 19. There were twelve properties
staff noted, which included Albertville Premium Outlets Phase Two and Three, Albertville
Crossing (Major's), Parkside Commercial (near Casey's), Albertville (Culvers), Knecht/City
property, Field Plaza (Space Aliens), Shoppes at Town Lakes One, Shoppes at Town Lakes
Two, Shoppes at Town Lakes Three, Fay property, and Darkenwald property. (see list included
in the motion)
Couri reviewed how staff prepared the CSAH 19 South Assessment Roll. The City appraised
various properties and based on the appraisal set the Tier Level, in which staff was able to base
the values and calculate the Assessments accordingly. With the CSAH 19 Assessment Appeals,
the Court System felt the way the City reviewed the appraisals and set the assessment amounts
was fair. Staff brought up the fact that this project or projects will be a little more complicated
or difficult to work with but staff will do their best.
Wally O'Dell asked to speak before the Council regarding the proposed I-94 Project, in which
Mr. O'Dell informed the Council that he spoke before the Wright County Board letting them
know that the Cities need the County's help. O'Dell has lived in the area for 25-years, he feels
Otsego would be supportive.
O'Dell recommended adding item D. Organize Community Support to the outline along with
adding - Take the initiative to get or obtain Community Support.
Next to speak on the I-94 Project was John Darkenwald who has a feeling that the bids should
come through positively. Darkenwald shared with the Council that he is support to do whatever
he may be able to do to assist the City in proceeding.
Council expressed concern with the fact that if the City proceeds with a combination project
when obtaining the appraisals at some point along the way would the City or staff be able to
separate the amounts to calculate the assessments for each project.
MOTION BY Council member Wagner, seconded by Council member Sorensen to move
forward with the acquisition appraisals and assessment appraisals as follows:
Assessment Appraisals
Cost
Darkenwald Property
$1,500
Fay Property
$1,500
West Outlet Mall
$4,500
East Outlet Mall
$3,500
Knechd Property
$1,500
D. Michael B's
$2,500
Perkins
$2,500
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M I I-16-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date December 7, 2009
14
City of Albertville
City Council Minutes
November 16, 2009
Page 9 of 11
SE Corner of 70th St. and CSAH 19
Culvers Property
Sherwin Williams Property
B eaudry Property
Space Aliens
Acquisition Appraisals
Fay Property
Omann Brothers Property
Voight Property
Stangler Property
$1,500
$2,500
$2,500
$1,500
$2,500
Cost
$1,500
$1,500
$1,500
$1,500
Mayor Klecker, Council members Wagner, Sorensen, and Fay voted aye. Council member
Vetsch opposed. Motion carried.
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the
cost not to exceed $9,500 to hire a surveyor for the right-of-way acquisition. Mayor Klecker,
Council members Wagner, Sorensen, and Fay voted aye. Council member Vetsch opposed.
Motion carried.
LEGAL
I-94 Nagell Final Appraisal (discussion and possibly distributed)
City Attorney Couri asked to have the item removed from the agenda.
ADMINISTRATION
Tattoo Parlors
There was discussion and concern from the Council about the potential of a Tattoo Parlor
opening up in Albertville. Council directed staff to prepare an Ordinance placing a moratorium
on Tattoo Parlors.
MOTION BY Mayor Klecker, seconded by Council member Fay to have staff prepare an
ordinance for a moratorium on tattoo parlors.
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 11-16-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date December 7, 2009
15
City of Albertville
City Council Minutes
November 16, 2009
Page 10 of 11
ANNOUNCEMENTS and or UPCOMING MEETINGS
Mayor Klecker acknowledged the upcoming meetings and calendar of events, noting that the
joint Cities and School Board meeting set for Monday, November 30 was cancelled.
November 2009
23 6:00 p.m.
26 all day
30 tentative
December 2009
7
6:30 p.m.
7
7:00 p.m.
8
7:00 p.m.
14
6:00 p.m.
21
6:30 p.m.
21
7:00 p.m.
23
1:30 p.m.
24
all day
28
6:00 p.m.
31
1:30 p.m.
January 2010
1 all day
4 7:00 p.m.
11 6:00 p.m.
12 7:00 p.m.
18 all day
19 7:00 p.m.
25 6:00 p.m.
25 7:00 p.m.
ADJOURNMENT
Joint Powers Water Board meeting
Thanksgiving Day observed — City offices closed
Jt. City of Albertville; City of St. Michael and
STMA School Board meeting (location to be determined)
Truth -in -Taxation Hearing
City Council meeting
Planning and Zoning Commission meeting
STMA Ice Arena Board meeting
Truth -in -Taxation Hearing (if necessary)
City Council meeting
Christmas Day observed — City offices closing early
Christmas Day observed — City offices closed
Joint Powers Water Board meeting
New Year's Day observed — City offices closing early
New Year's Day observed — City—PW offices closed
City Council meeting
STMA Ice Arena Board meeting
Planning and Zoning Commission meeting
Martin Luther King Day observed — City—PW offices closed
City Council meeting TUESDAY
Joint Powers Water Board meeting
Committee of the Whole Workshop (tentative)
MOTION BY Council member Sorensen, seconded by Council member Wagner to adjourn the
Monday, November 16, 2009 regular City Council meeting at 8:48 p.m. Motion carried
unanimously.
M:\PublicData\CityCouncil\CouncilMinates\2009Minutes\Drafts\M 11-16-09 B-drafts.doc
Agenda Item No. 6.
Meeting Date December 7, 2009
16
-A\1b�rtvi���
Small Town Uvinq. Big f City Ufa.
Mayor and Council Communication
November 19, 2009
SUBJECT: 0 PUBLIC WORKS -PARKS DEPARTMENT — RESIGNATION FROM THE PARKS AND
RECREATION COMMITTEE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following motion:
Motion accept Lauren Kastners' resignation from the Albertville Parks and Recreation Committee
effective December 2009.
BACKGROUND: It has been the Albertville City Council common practice to make annual
appointments to fill certain offices and positions with the city government at the beginning of each
year. However, throughout the year committee residents that have been appointed to serve on the
various Commissions and Committees resign, leaving a vacancy to fill.
KEY ISSUES: It is the City's policy to review and appoint individuals to serve on the various
Commissions and Committees.
POLICY/PROCEDURES CONSIDERATIONS: It is at the discretion of the Mayor and City
Council whether to accept or reject the staff's recommendation of appointment. However, the
recommendation for the appointment process typically require Mayor and Council consideration
thereof at the appropriate time during the meeting, in which such amendments to the appointment
that are made requires a motion and affirmative vote of the majority of the members present.
FINANCIAL CONSIDERATIONS: There are minimal financial considerations as it relates to
appointments to the Parks and Recreation Committee.
LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the
authority to appoint members to serve on Commissions or Committees.
Respectfully submitted,
4V46�--�4-4
LR
arr• �Se
y
City Administrator
Department/Responsible Person: Public Works/Tim Guimont
Attachments: none
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 PW-Parks Resignation RCA.doc
Agenda Item No. S.B.I.
Meeting Date December 7, 2009
�bertvill'6: Mayor and Council Communication
M
November 19, 2009
SUBJECT: 0 PUBLIC WORKS -PARKS DEPARTMENT - APPOINTMENT TO THE PARKS AND
RECREATION COMMITTEE
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following motion:
Motion accept the Parks and Recreation Committee's recommendation to appoint Andy Swanson
who resides at 10503 64`h Lane NE in Albertville to fill the vacancy on the Albertville Parks and
Recreation Committee position previous held by Lauren Kastner effective December 2009.
BACKGROUND: It has been the policy of the Albertville City Council to make annual
appointments to fill certain offices and positions with the city government at the beginning of each
year. However, throughout the year committee residents that have been appointed to serve on the
various Commissions and Committees resign, leaving a vacancy to fill.
KEY ISSUES: It is the City's policy to review and appoint individuals to serve on the various
Commissions and Committees.
POLICY CONSIDERATIONS: It is at the discretion of the Mayor and City Council whether
to accept or reject the staff's recommendation of appointment. However, the recommendation for
the appointment process typically require Mayor and Council consideration thereof at the
appropriate time during the meeting, in which such amendments to the appointment that are made
requires a motion and affirmative vote of the majority of the members present.
FINANCIAL CONSIDERATIONS: There are minimal financial considerations as it relates to
appointments to the Parks and Recreation Committee.
LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the
authority to appoint members to serve on Commissions or Committees.
Respectfully submitted,
A,'W
Larry R. se
City Administrator
Department/Responsible Person: Public Works/Tim Guimont
Attachments: none
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 PW-Parks Appointment RCA.doc
Agenda Item No. O.B•Z.
Meeting Date December 7, 2009
�bcrtviljc
Brief Description
Mayor and Council Communication
— Deeember- -2-, 2009
Recommended Action
Background
Building/Zoning Dept. October — November 09 Monthly Report
None.
Activity report for Council review
Construction Activity: We had 20 permits processed in October and 24 permits in November
for a combined value of $603,822. Total permits year to date (YTD) is 463 and YTD valuation
stands at $5,021,473. The residential activity consisted mainly of storm related reroof, reside,
finish basements, additions, decks, and fence permits. We issued one (1) residential addition
permit valued at $198,000 for 12355 601h Street. We issued a commercial interior finish permit
for Albert and Emma's Gas Station/Convenience Store/Car Wash and Restaurant, an interior
alteration permit for Oshkosh B' Gosh at the outlet mall, and an alteration permit at the Country
Inn and Suites. The permit for Country Inn and Suites was the result of the fire inspection
process and increased the safety and code compliance of the building. 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: We are working to register Vacant Properties according to the Ordinance
and are establishing an up to date listing of these registered properties. We continue working on
various zoning enforcement issues in the city related to Council directives contained in C.U.P's,
dumpster ordinance, contractor licensing, foreclosures, and other issues. The most recent action
is concerning building code, zoning, and other license, ordinance violations at the Full Moon
Saloon. The issue was referred to the City Attorney who wrote a letter advising the owner to
work with the Building Official to resolve the code violations, as of this date the owner has not
responded or corrected the violations.
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
with fire code inspections as needed and when requested by the Chief. The Fire Department is
continuing the current round of Fire Inspections at the outlet mall.
Recommendation Regarding the various violations at the Full Moon Saloon, please direct the
City Attorney to advise the Council and to take the necessary action to resolve the violations.
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\12-07-09\BO Report for October and Nov 2009.doc
Agenda Item No. 8 •D • 1
Meeting Date December 7, 2009
October 2009 Building Department Revenue Report
Sub Total 2009
Less SAC, WA Storm Water, S & W & Meter
Less Signs
Valuation Permit Fees
$ 199,351.00 $ 4,568.23
$ 1,336.73
OCTOBER 2009 TOTAL BUILDING DEPT REVENUE 1 $ 3,231.50
2008 Valuation Permit Fees
Sub Totals $ 7,278,669.00 $ 434,876.63
Less SAC, WA Storm Water, S & W & Meter $ 319,931.00
Less Signs $ 50,000.00
OCTOBER 2008 TOTAL BUILDING DEPT REVENUE 1 $ 64,945.63
INSPECTIONS
October 85
Daily Average 6
Year To Date 1652
23
Nov 2009 Building Department Revenue Report
Sub Total --
Sub Totals
Valuation Permit Fees
�-484;471 00- - $ 6,851.9
Less SAC, WA Storm Water, S & W & Meter
Less Signs
NOVEMBER 2009 TOTAL BUILDING DEPT REVENUE
2008
Less SAC, WA Storm Water, S & W & Meter
Less Signs
Valuation Permit Fees
$ 1,507,296.00 $ 24,597.13
$ 5,681.00
NOVEMBER 2008 TOTAL BUILDING DEPT REVENUE
INSPECTIONS
November
46
Daily Average
3
Year To Date
9698
$ 6,851.90
$ 18,916.13
24
.A\1bcrtvi11E Mayor and Council Communication
Smoll Town UWng. 819 City Ufa.
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, December 7, 2009 payment of the claims that includes check
numbers 027711 to 027765 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. 027722 Dascom — fix bad connector on projector
Check No. 027733 Medica — Health Insurance Premiums for November 2009
Check No. 027734 Medica — Health Insurance Premiums for December 2009
Check No. 027741 Nodland Construction — Pint # 2 CSAH 37 — See Engineer report
Check No. 027753 State of MN — Admin Hearings Hoey
Check No. 027766 Northdale Construction — Pint # 1 and Final for Towne Lakes Truck Water
main Extension — See Engineers report
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,
W
C5—
Larry R. Kruse
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Check Register Detail, Engineers Report
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 Finance Bills Report (RCA).doc Agenda Item No. 8.E.1
Meeting Date December 7, 2009
� �,
Albertville
Small Town Uving. flag City Ufa.
Check Detail Register
December 7, 2009
Check Amt Invoice
Comment
10100 Premier Bank
Paid Chk# 027711
12/7/2009 AFLAC
G 101-21710 Other Deducations
$16.16 726258
AFLAC Insurance Prem
Total AFLAC
$16.16
Paid Chk# 027712
12/7/2009 ALLEY COMPANIES INC
E 101-41940-210
Operating Supplies (GENERAL)
$48.99 7394
TPiTowels/trash bags
E 101-42000-200
Office Supplies (GENERAL)
$48.99 7394
TP/Towels/trash bags
E 101-43100-215
Shop Supplies
$48.99 7394
TP/Towels/trash bags
E 601-49450-210
Operating Supplies (GENERAL)
$48.99 7394
TP/Towels/trash bags
E 602-49400-210
Operating Supplies (GENERAL)
$48.99 7394
TP/Towels/trash bags
Total ALLEY COMPANIES INC
$244.95
Paid Chk# 027713
12/7/2009 ANCOM TECHNICAL CENTER
E 101-42000-404
Repair/Maint - Machinery/Equip
$13.36 12398
pager repair
Total ANCOM TECHNICAL CENTER
$13.36
Paid Chk# 027714
12/7/2009 ARAMARK UNIFORM SERVICES
E 101-45100-417
Uniform Rentals
$20.52 629-6850728
Uniforms Pks
E 101-43100-417
Uniform Rentals
$20.51 629-6850728
Uniforms PW
E 601=49450-417
Uniform Rentals
$20.51 629--6850728
Uniforms Wtr
E 602-49400-417
Uniform Rentals
$20.51 629-6850728
Uniforms Swr
E 602-49400-417
Uniform Rentals
$9.93 629-6855672
Uniforms Swr
E 601-49450-417
Uniform Rentals
$9.93 629-6855672
Uniforms Wtr
E 101-45100-417
Uniform Rentals
$9.94 629-6855672
Uniforms Pks
E 101-43100-417
Uniform Rentals
$9.93 629-6855672
Uniforms PW
E 101-41940-405
Repair/Maint - Buildings
$43.10 629-6855673
mats, twls, mops etc
E 101-43100-417
Uniform Rentals
$17.48 629-6860659
Uniforms PW
E 602-49400-417
Uniform Rentals
$17.48 629-6860659
Uniforms Swr
E 101-45100-417
Uniform Rentals
$17.50 629-6860659
Uniforms Pks
E 601-49450-417
Uniform Rentals
$17.48 629-6860659
Uniforms Wtr
E 101-41940-405
Repair/Maint - Buildings
$54.12 629-6865666
Mats, mops, twis, etc
E 101-43100-417
Uniform Rentals
$9.93 629-6865666
Uniforms PW
E 602-49400-417
Uniform Rentals
$9.93 629-6865666
Uniforms Swr
E 101-45100-417
Uniform Rentals
$9.93 629-6865666
Uniforms Pks
E 101-42000-405
Repair/Maint - Buildings
$12.83 629-6865668
mats fire
E 602-49400-417
Uniform Rentals
$13.06 629-6870661
Uniforms Swr
E 601-49450-417
Uniform Rentals
$13.06 629-6870661
Uniforms Wtr
E 101-45100-417
Uniform Rentals
$13.05 629-6870661
Uniforms Pks
E 101-43100-417
Uniform Rentals
$13.06 629-6870661
Uniforms PW
E 602-49400-417
Uniform Rentals
$12.41 629-6875723
Uniforms Swr
E 101-45100-417
Uniform Rentals
$12.41 629-6875723
Uniforms Pks
E 101-43100-417
Uniform Rentals
$12.42 629-6875723
Uniforms PW
E 601-49450-417
Uniform Rentals
$12.42 629-6875723
Uniforms Wtr
E 101-41940-405
Repair/Maint - Buildings
$43.59 629-6875724
Mats, Twls, Mops, etc
E 601-49450-417
Uniform Rentals
$9.93 629-6965666
Uniforms Wtr
Total
ARAMARK UNIFORM SERVICES
$486.97
Paid Chk# 027715
12/7/2009 BANYON DATA SYSTEMS
E 604-49960-300
Professional Srvs (GENERAL)
$318.07 00144589
Annual Support
E 602-49400-300
Professional Srvs (GENERAL)
$318.07 00144589
Annual Support
E 601-49450-300
Professional Srvs (GENERAL)
$318.07 00144589
Annual Support
E 101-41400-300
Professional Srvs (GENERAL)
$318.06 00144589
Annual Support
Total BANYON DATA SYSTEMS
$1,272.27
M:\Public Data\City CouncihCouncil Packet information\2009\12-07-09\12 07 2009 Finance Bills Posted Batch.doc
Agenda Item No. v.E.1.
Meeting Date December 7, 2009
27
Mayor and Council Communication - December 2, 2009
Finance - Payment of Claims
10100 Premier Bank
Paid Chk# 027716
E 492-49000-303
E 494-49000-303
E 493-49000-303
E 501-49000-303
E 101-41700-303
E 604-49660-303
12/7/2009 BOLTON & MENK, INC
Engineering Fees
Engineering Fees
Engineering Fees
Engineering Fees
Engineering Fees
Engineering Fees
Total BOLTON & MENK, INC
Check Amt Invoice Comment
$1,518.00 0128376
$237.50 0128380
$4,241.50 0128381
$3,275.00 0128402
$712.50 0128404
$625.00 0128405
$10,609.50
Paid Chk# 027717 12/7/2009 BP
E 101-42000-212 Motor Fuels $32,56 22109655
Total BP $32.56
Paid Chk# 027718 12/7/2009 BROTHERS FIRE PROTECTION CO
E 101-42000-405 Repair/Maint Buildings $175.00 3254
E 10 1 -42000-405 Repair/Maint Buildings $176.34 3264
Total BROTHERS FIRE PROTECTION CO $351.34
52nd St Prelim
50th St. (CSAH 18)
CASH 19/North of 1-94
CASH 37 Utility Extension
2009 Municipal State Aid Sys
Sidewalk Albert Villas 6th
fuel
Fire hall
2009 annual alarm inspection
Paid Chk# 027719 12/7/2009 CENTURYLINK COMMUNICATIONS MO
E 101-41940-321 Telephone $31.20 100366989012 long distance
Total CENTURYLINK COMMUNICATIONS MO $31.20
Paid Chk# 027720 12/7/2009 CITY OF ST. MICHAEL
E 101-45000-598 Pledges & Contributions $3,275.00 1008 Pmt # 4 Library
Total CITY OF ST. MICHAEL $3,275.00
Paid Chk# 027721 12/7/2009 CRYSTEEL MANUFACTURING INC
E 101-43100-404 Repair/Maint - Machinery/Equip $392.45 FP134203 Formed Cutting Edge
Total CRYSTEEL MANUFACTURING INC $392.45
Paid Chk# 027722 12/7/2009 DASCOM
E 101-41940-405 Repair/Maint -Buildings $315.00 0039269-IN Projector Issues
Total DASCOM $315.00
Paid Chk# 027723
12/7/2009 DAVIS, JEFF
E 101-42000-200
Office Supplies (GENERAL)
$133.81 1109 batteries (reimburement)
Total DAVIS, JEFF
$133.81
Paid Chk# 027724
12/7/2009 DIVERSE MAINTENANCE SOLUTIONS
E 101-41400-200
Office Supplies (GENERAL)
$160.09 742604 Bathroom
Tissue, cups, roll towels
Total DIVERSE MAINTENANCE SOLUTIONS
$160.09
Paid Chk# 027725
12/7/2009 DJS TOTAL HOME CARE
CNTR FIRE
E 101-42000-200
Office Supplies (GENERAL)
$46.21 042522/1 windshield
wash, antifreeze
Total DJS TOTAL HOME CARE CNTR FIRE
$46.21
Paid Chk# 027726
'12/7/2009 EMBARQ - IL
E 101-41940-321
Telephone
$31.19 736497026128
497-3486
E 101-42000-321
Telephone
$31.19 736497026128
FD
E 101-41940-321
Telephone
$31.19 736497026128
497-3704
E 101-41940-321
Telephone
$7.05 736497026128
Idst
E 101-41940-321
Telephone
$165.18 736497026128
taxes & surcharge
E 101-41940-321
Telephone
$31.19 736497026128
CH 2
E 101-42000-321
Telephone
$31.19 763497026128
FD
E 101-41940-321
Telephone
$31.19 763497026128
RB
E 101-43100-321
Telephone
$31.19 763497026128
WWTF
E 101-42000-321
Telephone
$33.41 763497026128
CH1
E 601-49450-321
Telephone
$31.19 763497026128
WWTF
E 601-49450-321
Telephone
$16.11 763497026128
WWTF
E 101-45100-321
Telephone
$16.11 763497026128
PK
Total EMBARQ - IL
$487.38
M:\Public Data\City Council\Council Packet inforrnation\2009\12-07-09\12 07 2009 Finance Bills Posted Batch.doc
Page 2 of 6
Agenda Item No. 8.E. 1.
Meeting Date December 7, 2009
28
Mayor and Council Communication — December 2, 2009
Finance — Payment of Claims
Page 3 of 6
Check Amt Invoice Comment
10100 Premier Bank
P--aid-ChML 027727 12/7/2009 FEDERATED CO-OPS, INC.
E 101-45100-210
Operating Supplies (GENERAL)
$14.91 F2994
turf energizer
E 101-45100-210
Operating Supplies (GENERAL)
$881.04 f32745
BEG BAL
E 101-45100-210
Operating Supplies (GENERAL)
$70.00 F32760
compost sample
Total FEDERATED CO-OPS, INC.
$965.95
Paid Chk# 027728
12/7/2009 GOPHER STATE ONE -CALL
E 601-49450-209
Locates
$60.90 9100288
Net billable tickets
E 602-49400-209
Locates
$60.90 9100288
Net billable tickets
Total GOPHER STATE ONE -CALL
$121.80
Paid Chk# 027729 12/7/2009 H & L MESABI PRODUCTS
E 101-43100-404 Repair/Maint - Machinery/Equip $2,142.55 78697
Total H & L MESABI PRODUCTS $2,142.55
Paid Chk# 027730
E 602-49400-375
E 602-49400-372
E 602-49400-377
E 602-49400-374
E 602-49400-373
E 602-49400-376
E 602-49400-371
12/7/2009 JOINT POWERS BOARD
JP Access
JP Dist
JP Fed Wtr Test Pen
JP Dist Pen
JP Dist II Low
JP Fed Wtr Test
JPDIST COMBO
Total JOINT POWERS BOARD
$5.81 1109
$100,259.97 1109
$37.91 1109
$1,851.74 1109
$1,501.50 1109
$1,472.09 1109
($44.00) 4400
$105,085.02
Paid Chk# 027731 12/7/2009 LUBRICATION TECHNOLOGIES
E 601 -49450-404 Repair/Maint - Machinery/Equip $804.61 1711137
Total LUBRICATION TECHNOLOGIES $804.61
3/4x8 FH Plow Blade
JP ACCESS
JP Dist
Fed Wtr Test Pen
JP DIST Pen
JP DIST II LOW
Fed Wtr Test
JPBDIST COMBO
Mobil SHC
Paid Chk# 027732
12/7/2009 MAINSTREET DESIGNS, INC.
E 101-41000-300
Professional Srvs (GENERAL)
$48.09 15515
C-9 Bulbs
Total MAINSTREET DESIGNS, INC.
$48.09
Paid Chk# 027733
12/7/2009 MEDICA
E 101-41300-131
Employer Paid Health
$615.03 18881292
Emp Health Ins
E 101-41500-131
Employer Paid Health
$2,333.63 18881292
Emp Health Ins
E 601-49450-130
Employer Paid Ins (GENERAL)
$1,132.01 18881292
Emp Health Ins
G 101-21706 Group Insurance Payable
$2,484.84 18881292
Emp Health Ins
E 101-42400-130
Employer Paid Ins (GENERAL)
$503.04 18881292
Emp Health Ins
E 101-45100-130
Employer Paid Ins (GENERAL)
$1,375.90 18881292
Emp Health Ins
E 602-49400-130
Employer Paid Ins (GENERAL)
$1,132.02 18881292
Emp Health Ins
E 101-41500-131
Employer Paid Health
$957.94 18881292
Emp Health Ins
E 101-41400-131
Employer Paid Health
$752.35 18881292
Emp Health Ins
Total MEDICA
$11,286.76
Paid Chk# 027734
12/7/2009 MEDICA
E 101-41400-131
Employer Paid Health
$752.35 18881113
Health Ins
G 101-21706 Group Insurance Payable
$2,484.84 18881113
Health Ins
E 101-42400-130
Employer Paid Ins (GENERAL)
$2,333.63 18881113
Health Ins
E 101-41500-131
Employer Paid Health
$957.94 18881113
Health Ins
E 101-41300-131
Employer Paid Health
$615.03 18881113
Health Ins
E 101-43100-130
Employer Paid Ins (GENERAL)
$503.04 18881113
Health Ins
E 602-49400-130
Employer Paid Ins (GENERAL)
$1,132.02 18881113
Health Ins
E 601-49450-130
Employer Paid Ins (GENERAL)
$1,132.01 18881113
Health Ins
E 101-45100-130
Employer Paid Ins (GENERAL)
$1,375.90 18881113
Health Ins
Total MEDICA
$11,286.76
Paid Chk# 027735 12/7/2009 MIDWEST LANDSCAPES
E 101-41940-210 Operating Supplies (GENERAL) $45.42 101770 Tree Wrap
Total MIDWEST LANDSCAPES $45.42
M:\Public Data\City Council\Council Packet information\2009\12-07-09\12 07 2009 Finance Bills Posted Batch.doc
Agenda Item No. 8.E.1.
Meeting Date December 7, 2009
29
Mayor and Council Communication December 2, 2009
Finance - Payment of Claims
Page 4 of 6
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027736 lV712009 MINNESOTA COPY SYSTEMS
E 101-41400-413 Office Equipment Rental $113.33 39576 Copier Maintenance Agreement
Total MINNESOTA COPY SYSTEMS $113.33
Paid Chk# 027737 12/7/2009 MN DEPT. OF TRADE/ECON. DEV.
E 203-00000-310 Other Professional Services $594.04 12152009 Fraser loan
Total MN DEPT. OF TRADE/ECON. DEV. $594.04
Paid Chk# 027738 12/7/2009 MONTICELLO ANIMAL CONTROL
E 101-42700-309 Animal Control Contract $50.00 527
Total MONTICELLO ANIMAL CONTROL $50.00
Paid Chk# 027739
12/7/2009
N. A. C.
E
101-41915-306
Planning Fees
$1,580.36
1890
Total N. A. C.
$1,580.36
Paid Chk# 027740
12/7/2009
NEXTEL COMMUNICATIONS
E
101-45100-323
Nextel Radio
Units
$51.16
718183318-
E
601-49450-323
Nextel Radio
Units
$56.08
718183318-
E
101-41400-323
Nextel Radio
Units
$37.38
718183318-
E
101-42400-323
Nextel Radio
Units
$51.16
718183318-
E
101-41500-323
Nextel Radio
Units
$58.99
718183318-
E
101-41300-321
Telephone
$68.10
718183318-
E
602-49400-323
Nextel Radio
Units
$56.08
718183318-
E
101-42400-323
Nextel Radio
Units
$37.38
718183318-
E
101-42000-321
Telephone
$62.65
718186618-
Total NEXTEL
COMMUNICATIONS
$478.98
Paid Chk# 027741 12/7/2009 NODLAND CONSTRUCTION COMPANY
E 503-00000-300 Professional Srvs (GENERAL) $43,692.39 C5
Total NODLAND CONSTRUCTION COMPANY $43,692.39
Paid Chk# 027742 12/7/2009 NORTH AMERICAN CLEANING CORP
E 101-42000-405 Repair/Maint Buildings $136.97 37438
E 101-41940-405 Repair/Maint Buildings $421.09 37438
Total NORTH AMERICAN CLEANING CORP $558.06
dog pick up
Guardian Angels
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones
Nextel Phones FD
pmt # 2 CSAH 37 Utility Extension
Fire Hall
City Hall
Paid Chk# 027743 12/7/2009 NORTHERN WATER WORKS
E 602-49400-250 Meters for Resale $12.65 S01230130.00roof mount antenns adspt
Total NORTHERN WATER WORKS $12.65
Paid Chk# 027744 12/7/2009 NORTHLAND FIRE & SECURITY
E 101-41940-405 Repair/Maint -Buildings $270.00 23294
Total NORTHLAND FIRE & SECURITY $270.00
Paid Chk# 027745 12/7/2009 OMANN BROTHERS
E 101-43100-400 Repair/Maint - Paved Rd $70.33 8553
Total OMANN BROTHERS $70.33
Paid Chk# 027746 12/7/2009 OMANN SHINGLE RECYCLING
E 602-49400-407 R/M - Water Mains $145.49 9307
Total OMANN SHINGLE RECYCLING $145.49
Paid Chk# 027747 12/7/2009 PURCHASE POWER
ANNUAL FIRE SPRINKLER INSPECTION OF WET
SYSTEM
AC Fines mix
crushed Asphalt con -bit
E 101-41400-322
Postage
$47.49
postage
E 604-49960-322
Postage
$189.87
postage
E 601-49450-322
Postage
$243.27
postage
E 602-49400-322
Postage
$112.73 15176927877
postage
Total PURCHASE POWER
$593.36
M:\Public Data\City Council\Council Packet information\2009\12-07-09\12 07 2009 Finance Bills Posted Batch.doc
Agenda Item No. O•E•lo
Meeting Date December 7, 2009
Mayor and Council Communication - December 2, 2009
Finance - Payment of Claims
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027748 12/7/2009 R &-DCOMMUNICATIONS INC
E 101-42000-586 C/O- Pagers $315.28 2795 Motorola HT1250 VHF portable
Total R & D COMMUNICATIONS INC $315.28
Paid Chk# 027749 12/7/2009 S & T OFFICE PRODUCTS
E 101-41400-200 Office Supplies (GENERAL) $10.38 01 NS1264 Ink Cartridge
E 101-41400-200 Office Supplies (GENERAL) $244.47 01NS0596 Office Products
Total S & T OFFICE PRODUCTS $254.85
Paid Chk# 027750 12/7/2009 SENTRY SYSTEMS, INC.
E 101-43100-405
Repair/Maint -Buildings
$31.27 609765
PW commercial monitoring services
E 101-42000-405
Repair/Maint -Buildings
$34.58 609765
FD commercial monitoring
Total SENTRY SYSTEMS, INC.
$65.85
Paid Chk# 027751
12/7/2009 SIMPLEXGRINNELL
E 101-41940-405
Repair/Maint -Buildings
$432.31 73247635
CITY HALL Monitoring
Total SIMPLEXGRINNELL
$432.31
Paid Chk# 027752 12/7/2009 SRF CONSULTING GROUP, INC
E 468-49000-303 Engineering Fees $32,633.85 6796-9 Design 1-94
Total SRF CONSULTING GROUP, INC $32,633.85
Paid Chk# 027753 12/7/2009 STATE OF MN - ADMIN HEARINGS
E 101-41000-300 Professional Srvs (GENERAL) $1,090.00 36011 Professional Services
Total STATE OF MN - ADMIN HEARINGS $1,090.00
Paid Chk# 027754
12/7/2009 SUN PRESS & NEWSPAPERS
E 101-41100-351
Legal Notices Publishing
$236.16 943384
ORD 2008-022 SAC
E 101-41100-351
Legal Notices Publishing
$49.20 952116
PHN GUARDIAN ANGELS
E 101-41100-351
Legal Notices Publishing
$226.32 953385
ORD 2009-0023 WAC
Total SUN PRESS & NEWSPAPERS
$511.68
Paid Chk# 027755
12/7/2009 T & S TRUCKING OF BUFFALO,
INC
E 101-43100-227
Street Sweeping
$1,120.00 359
sweeping
Total T & S TRUCKING OF BUFFALO, INC
$1,120.00
Paid Chk# 027756 12/7/2009 TINKLENBERG GROUP
E 468-49000-300
Professional Srvs (GENERAL)
$1,108.72 1706
1-94
E 468-49000-300
Professional Srvs (GENERAL)
$1,027.38 1711
1-94
Total TINKLENBERG GROUP
$2,136.10
Paid Chk# 027757
12/7/2009 TRYCO LEASING INC
E 101-42000-412
Building Rentals/Admin Fee
$113.64 4596
copier lease
E 101-41400-413
Office Equipment Rental
$399.15 4597
copier lease
E 101-41400-413
Office Equipment Rental
$283.02 4598
copier lease
Total TRYCO LEASING INC
$795.81
Paid Chk# 027758 12/7/2009 VALERIUS, BILL
E 101-42000-404 Repair/Maint - Machinery/Equip $124.53 1109 boards for all trucks (reimburse)
Total VALERIUS, BILL $124.53
Paid Chk# 027759 12/7/2009 WATER LABORATORIES INC
E 601-49450-218 Testing Expenses $687.00 1233 tests
Total WATER LABORATORIES INC $687.00
Paid Chk# 027760 12/7/2009 WEIDNERS PLUMBING & HEATING CO
E 101-41940-405 Repair/Maint -Buildings $496.10 228276 replace temp controllers
Total WEIDNERS PLUMBING & HEATING $496.10
M:\Public Data\City Council\Council Packet information\2009\12-07-09\12 07 2009 Finance Bills Posted Batch.doc
Page 5 of 6
Agenda Item No. 8.E.1.
Meeting Date December 7, 2009
31
Mayor and Council Communication - December 2, 2009
Finance - Payment of Claims
Check Amt Invoice Comment
10100 Premier Bank
isiC hkit 027761 191719009 Wu SDNDEVEI npMENT SERVICES
E 468-49000-300 Professional Srvs (GENERAL) $804.45 21809 1-94 (lamar)
Total WILSON DEVELOPMENT SERVICES $804.45
Paid Chk# 027762
12/7/2009 WRIGHT COUNTY PUBLIC HEALTH
E 101-42000-230
Medical Supplies
$240.00 1109 respirator masks
Total WRIGHT COUNTY PUBLIC HEALTH
$240.00
Paid Chk# 027763
12/7/2009 WRIGHT RECYCLING
E 101-43200-308
Recycling Contract Fee
$4,500.00 1009 recycling Oct 09
Total WRIGHT RECYCLING
$4,500.00
Paid Chk# 027764
12/7/2009 WRIGHT-HENNEPIN COOPERATIVE
E 601-49450-381
Electric Utilities
$65.72 00001001631 Lift Stations
E 101-45100-381
Electric Utilities
$201.44 00001001631 Parks
E 101-43160-381
Electric Utilities
$395.84 00001001631 Street lights
Total WRIGHT-HENNEPIN COOPERATIVE
$663.00
Paid Chk# 027765
E 101-43160-381
E 601-49450-381
E 101-42000-381
E 601-49450-381
E 101-43100-381
E 601-49450-381
E 101-41940-381
E 601-49450-381
E 101-41940-381
E 101-43160-381
E 101-43160-381
E 101-45100-381
E 101-43160-381
E 101-41940-381
E 101-43160-381
E 101-45100-381
E 101-45100-381
E 101-41940-381
E 101-43160-381
E 601-49450-381
E 101-43160-381
12/7/2009 XCEL ENERGY
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Electric Utilities
Total XCEL ENERGY
$25.71 5145764031009
$3,610.20 514689784911
$307.80 514689784911
$35.68 514689784911
$304.49 514689784911
$282.29 514689784911
$36.79 514689784911
$95.05 514689784911
$131.32 514689784911
$92.52 514689784911
$81.45 514689784911
$72.19 514689784911
$38.08 514689784911
$34.56 514689784911
$32.51 514689784911
$9.95 514689784911
$9.38 514689784911
$63.44 514689784911
$24.49 515112363010
$50.52 515454326910
$3.64 515556410810
$5, 342.06
Paid Chk# 027766 12/7/2009 NORTHDALE CONSTRUCTION CO
E 101-41000-300 Professional Srvs (GENERAL) $53,425.48
Total NORTHDALE CONSTRUCTION CO $53,425.48
10100 Premier Bank $303,452.55
Fund Summary
101 GENERAL FUND
203 REVOLVING LOAN
468 CSAH 19 RAMPS/I 94 Project
492 52nd st Industrial Park
493 CASH 19 & 69th Intersection
494 CSAH 19 & 50th St. (South 19)
501 Phil Morris Lift Station
503 CSAH 37 Utilities
601 SEWER FUND
602 WATER FUND
604 STORM WATER
10100 Premier Bank
$96,246.46
$594.04
$35,574.40
$1,518.00
$4,241.50
$237.50
$3,275.00
$43,692.39
$8, 753.03
$108,187.29
$1,132.94
$303,452.55
11830 51 ST ST NE
Sewage Plant
11350 57th
4940 Kaiser Swr
11822 63rd PW
Sewer Lift Station
5975 Main
Lift station
Auto Protective Igt
5300 LaBeaux Light
5050 LaBeaux Light
ballfield/rink
5050 LaBeaux Light
6002 Main Ave
11060 61 st St
Park Shelter
Picnic Shelter
5964 Main
5998 LABEAUX AVE NE
18 UNIT SEWER
5799 LANDER AVE NE
Towne Lakes Watermain Ext.
M:\Public Data\City Council\Council Packet information\2009\12-07-09\12 07 2009 Finance Bills Posted Batch.doc
Page 6 of 6
Agenda Item No. S.E.1.
Meeting Date December 7, 2009
32
Consulting Engineers & Surveyors
7533 Sunwood Drive NW • Ramsey, MN 55303
Phone (763) 433-2851 • Fax (763) 427-0833
November 30, 2009
Mr. Larry Kruse, City Administrator
City of Albertville
5959 Main Avenue NE, P.O. Box 9
Albertville, MN 55301-0009
RE: Partial Pay Estimate No. 2
CSAH 37 Utility Extension
City of Albertville, Minnesota
BMI Project No.: R13.040276
Dear Mr. Kruse:
Enclosed please find three (3) copies of Partial Pay Estimate No. 1 for the above referenced project.
Payment No. 2 is for work completed through October 3151 and generally includes all work with the
exception of construction of the lift station pad and driveway, and installation of the lift station control
panel and pumps.
Based upon the work completed to date, we recommend payment in the amount of $43,692.39 to Nodland
Construction Company, Inc.
In the spring all remaining work will be completed including the construction of the lift station driveway
and pad, as well as, installation of the controls and pumps for the lift station. For your information, the
electrical controls and pumps are on hand, but will not be installed until the Wright -Hennepin electrical
service to the site is installed.
If everything meets your approval, please sign all three (3) copies, retain one (1) copy, return one (1) copy
to our office, and submit one (1) copy along with payment to Nodland Construction Company, Inc., P.O.
Box 338, Alexandria, MN, 56308.
Please contact me if you have any questions regarding this estimate.
Sincerely,
BOLTON & MENK, INC.
Adam Nafstad, P.E.
Project Manager
Enclosures
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer
33
CONTRACTOR'S PAY REQUEST
DISTRIBUTION:
CONTRACTOR (1)
CSAH 37 UTILITY EXTENSION
OWNER (1)
CITY OF ALBERTVILLE, MN
BWP .: — _ -
ENGINE€
BONDING CO. (o)
TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS
$339 69955
TOTAL COMPLETED WORK TO DATE
$298 337.60
TOTAL, STORED MATERIALS TO DATE
$0.00
DEDUCTION FOR STORED MATERIALS USED 1N WORK COMPLETED
$0.00
TOTAL COMPLETED WORK & STORED MATERIALS
$298 337.60
RETAINED PERCENTAGE 2%
$5,966.75
TOTAL AMOUNT OF OTHER PAYMENTS OR DEDUCTIONS
$0.00
NET AMOUNT DUE TO CONTRACTOR TO DATE
$292 370.85
TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES
$248 678.46
PAY CONTRACTOR AS ESTIMATE NO. 2
t $43,692.39
Certificate for Partial Payment
I hereby certify that, to the best. of my knowledge and belief, all items quantities and prices
of work and material shown on this Estimate are correct and that all work has been
performed in full accordance with the terms and conditions of the Contract for this project
between the Owner and the undersigned Contractor, and as amended by any
authorized changes, and that the foregoing is a true and correct statement of the
contract amount for the period covered by this Estimate.
Contractor: Nodland Construction Company, ;Inc.
P.O. Sax 33
Alexandria, MN 56308
By
Name Title
Date
CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT:
ENGINEER: BOLTON & MENK INC.; ENGINEERS & SURVEYORS
7533 Sunwood Dr NW, Suite 206, Ramsey, MN 55303`
By , CITY ENGINEER.
Adam Nalfstad, P.E.
Hate
APPROVED FOR PAYMENT:
OWNER: City of Albertville
8y
Name Title Date
And
Name Title Date
34
• EaC> L -i7C:>r--,j 8 NA F= r--A P< i r--j C.
Consulting Engineers & Surveyors
7533 Sunwood Drive NW - Ramsey, MN 55303
Phone (763) 433-2851 - Fax (763) 427-0833
AMU hnitan-menk rnM
November 30, 2009
Mr. Larry Kruse, City Administrator
City of Albertville
5959 Main Avenue NE, P.O. Box 9
Albertville, MN 5530170009
RE: Towne Lakes Trunk Watermain Improvements
City of Albertville, NIN
Project No.: R13.101489
Dear Mr. Kruse:
Enclosed please find four (4) copies of Pay Estimate No. I and Final for the above referenced project..
This payment includes all project related work and. complete release of all retainage.
Based on the competed work, we recommend payment in the amount of $53,425.48 o Northdale
Construction Co., Inc.
Per the project contract, this payment constitutes final acceptance of the project, removal of silt fence and
any necessary over seeding, or other warranty type work, will be completed in the spring and is covered
by the two (2) year correct period requirements.
If everything meets your approval, please sign all four (4) copies, retain one (I) copy, return one (I) copy
to our office, and submit one (2) copy along with payment to: Northdale Construction Co. Inc., 9760 71"
Street N.E., Albertville, Minnesota 55301.
We have requested that the Contractor submit all lien waivers, IC-1 34 forms and consent of surety:
Please do not release payment until these items have been received and approved by both the City and
M&I Bank.
Pleasecontact me if you have any questions regarding this final payment.
Sincerely,
BOLTON. &INC.
Adam N stall, P.E.
Project Manager
Enclosures
Cc-, Tina Lannes, Finance Director
Beth Jacobs, Godfrey & Kahn
DfSIGNING FOR A BETTER TOMORROW
Bolton & Mcnk is an equal opportunity employer,
35
CO,NTRACTOR'S PAS( REQUEST
DISTRIBUTION:
OWNE LAKES TRUNK WATERMAIN EXTENSION
CONTRACTOR ('I)
OWNER (2)
CITY OF ALBERTVILLE, MN
ENGINEER 1
BMI PROJECT NO.: R13.101489
BONDING CO. D
T(7TAL AMOUNT BID PLUS APPROVED CHANGE ORDERS
$53 333.56
7"OTAL COMPLETEp WORK,TO W.. E
$63 426.48
7 QTAL, STORED MATERIALS 'T0 DATE
$0.0
DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED
$0.00
TOTAL COMPLETED WORK & STORED MATERIALS
$53,425.48
RETAINED PeR0ENTAC5 0%
$0:00
TC}TAL AMOUIVT;OF OTHER PAYMENTS ciR DEDUCTIONS
0.00.
NET AMOUNT DUE TO CONTRACTOR TO:DATE
$53 425,4'
TOTAL AMOUNT PAIL? ON PREVIOUS ESTIMATES
$0.0'--
FAY CONTRACTOR AS ESTIMATE NO.' Final
$63 425.48
Certificate for Final Payment
I hereby certify that, to the best of my knowledge and belief, all items quantities and prices
Of work and material shown on this Estimate are correct and that all work has been
performed In full accordance with the terms and conditions of the Contract for this protect
between the Owner and the undersigned Contractor, and as amended by any
authorized changes, and that the foregoing is a true and correct statement of the amount
for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that
all claims against me by reason of the Contract have been paid or satisfactorily secured.
Contractor: Northdale Construction Co. Inc.
9760 71st Street NE
Albertville, MN 56301
By
Name Title
Date LL O
CHECKED .AND APPRCJIJED AS TO QUANTITIES AND AMOUNT,
ENGINEER: BOLTON & MENK, INC„ ENGINEERS & SURVEYORS
7533 pod D W;-Suite 206, Ramsey, MN 5$303
By , CITY ENGINEER
Aden Na ` d, P.E.
Dater
APPROVED FOR PAYMENT:
OWNER: City of Albertville
by
Name Title pate
And
Name--- � � � .n__ �.�..�.__ _ Title.., __ �_---------Date ------- -- ---..._, ..v�.._.
W
%lot
Albertville
Smolt Town Living. Big City UN.
Mayor and Council Communication
SUBJECT: 0 FINANCE — STMA YOUTH BASEBALL DONATION
RECOMMENDATION: The STMA Youth Baseball Association has recently donated funds to
the City, which are for the purpose of assisting with park expenses. It is respectfully requested
that the Mayor and Council consider the following motion:
Motion approve Resolution No. 2009-045 entitled a Resolution Acknowledging a Donation
from the STMA Youth Baseball Association and deposit the donation of $500.00 towards the
usage of fields.
BACKGROUND: According to the Minnesota State Statute, the City receipts and accepts
donations from non-profit organization that are re -directed to other various entities. Staff places
the item on the agenda to accommodate the Mayor and Council to ask questions, review, and
accept donations that are submitted to the Finance Department by organizations.
KEY ISSUES:
• It is the City's policy to monitor the finances of the City; therefore, to acknowledge and
accept donations that are submitted by various organizations.
POLICY CONSIDERATIONS: The Mayor and City Council to acknowledge and accept
donations on behalf of other committee's within the Albertville city limits.
FINANCIAL CONSIDERATIONS: There is no financial impact on the city. Normally, the
funds are collected; however, the new rulings according to the Minnesota State Statute City's are
to acknowledge donations by Resolution.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to
acknowledge and accept donations that are submitted by various organizations received by the
City of Albertville.
Respectfully submitted,
Larry R. Ise
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Resolution No. 2009-045
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 STMA Youth Baseball Donation to City.doc
Agenda Item No. 8.E.2.
Meeting Date December 7, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-045
A RESOLUTION ACKNOWLEDGING A DONATION
FROM THE STMA YOUTH BASEBALL ORGANIZATION
WHEREAS, the City of Albertville is generally authorized to accept contributions of real and
personal property pursuant to Minnesota Statutes Sections 412.21 and 465.03 for the benefit of
its citizens and is specifically authorized to accept gifts and bequests for the benefit of
recreational service pursuant to Minnesota Statues Section 471.17; and
WHEREAS, the City of Albertville has received a donation in the amount of $500.00 from the
STMA Youth Baseball, to be used towards field usage; and
WHEREAS, the City Council would like to thank the STMA Youth Baseball, and commend
them for their support of rural communities.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Albertville,
Minnesota, that the donation be accepted and acknowledged with gratitude. And be it further
resolved that said funds shall be deposited to the appropriate funds, and used for the designated
purposes.
Adopted this 7`t' day of December 2009 by the City Council of the City of Albertville.
Ron Klecker, Mayor
Bridget Miller, City Clerk
38
�lbcrtviljc i
Mayor and Council Communication
SUBJECT: 0 FINANCE - 2010 VARIOUS FEE SCHEDULES FOR SERVICES
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following motion:
Motion to approve Resolution No. 2009-046 entitled a Resolution Setting Fees for Various
Services or Violation Fines within the Albertville city limits.
BACKGROUND: The Albertville City Council sets the fees for various services and or violation
fines at the last meeting of the year. These fees will take effect January 1, 2010. There are no
changes to the 2009 schedule, but staff wanted to present the Fee Schedule for Council to review
should they want to consider amending any.
KEY ISSUES:
0 None
POLICY/PRACTICES CONSIDERATIONS: It is the policy of the Mayor and City Council to
adopt or amend the Resolution setting fees.
FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to
approval of the Resolution setting fees for various services and/or violation fines in Albertville.
LEGAL ISSUES: hi accordance with Council procedures, the Mayor and Council possess the
authority to set fees schedules for services.
Respectfully submitted,
R-K&+,y--,
Larry�se
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Resolution No. 2009-046
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 Finance Fee Schedule (RCA).doc Agenda Item No. 8.E.3.
Meeting Date December 7, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-046
RESOLUTION SETTING FEES
FOR VARIOUS SERVICES or VIOLATIONS
WITHIN THE ALBERTVILLE CITY LIMITS
WHEREAS, the Albertville City Council sets the following fees by resolution effective
January 1, 2010 unless otherwise set by a separate resolution:
Exhibit A - attached — 2010 Fee Schedule
Exhibit B — attached 2010 Rental Fee Schedule
Exhibit C — attached 2010 Violations of the City Liquor Ordinance
Exhibit D — attached 2010 Joint Powers Water Board Utility Rates
Adopted by the City Council of the City of Albertville this 7th day of December 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
Dr,
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 2
2010 Fee Schedule
Title
Chptr
Sec
Subject
There are no proposed fee changes
from 2009
Dog related fees:
3
1
3.B.1.
Dog License (altered)
(pay up to 2-yrs.)
$10 per dog, per year, plus sales tax
3
1
3.B.1.
Dog License (un-altered)
$15 per dog, per year, plus sales tax
(pay up to 2-yrs.)
3
1
3.B.1.
Dog License Replacement
$5 , plus sales tax
3
1
3.B.1.
Dog Kennel Permit
$50 per household, per year, plus
sales tax
1 St Impoundment
Dog Impoundment &
$50 , plus Boarding fees
redemption fee (in addition, all
nd
2 impoundment
i
3
1
3.B.3.
impoundment, transport and
$100 Boarding fees
boarding fees incurred by the
,plus
City must be paid)
Subsequent impoundments
$200 , plus Boarding fees
License related fees:
3
1
3.B.1.
Garbage Hauler License
$150 per year
4
2
3 .
Coin -Operated Amusement
$15 annually (per MN State Statute)
Device License (per location)
4
2
3 .
Coin -Operated Amusement
$15 annually (per MN State Statute)
Device License (per device)
4
3
1
Bingo License
$25 annually
4
5
7
Massage Enterprise License &
$300
Investigation
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
41
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 3
Title
Chptr
Sec
Subject
ere are no proposed fee c ides-
from 2009
License related fees continued:
4
5
7
Message Therapist Individual
$50 annually
License
Rental Unit License and
$150 per bldg. + $50 per unit,
10
4
10
Inspection fee — Apartment
wally
complex
Rental Unit License and
10
4
10
Inspection fee — Single Family
$100 annually
detached
Rental Unit License and
$50.00 per Bldg, plus
10
4
10
Inspection fee — Single Family
$50.00 per unit
attached
3
1
3.13.3.
Vendor Transient Permit
$10 per day, plus sales tax
3
1
3.13.3
Vendor Seasonal Permit
$10 per day, plus sales tax
Peddler Transient Merchant
$50 per day, per individual
3
1
3.13.3.
(maximum 30 days)
$50 1 day, $1.00 ea. add'I day, per
individual
3
1
3.13.3.
Temporary Outdoor Seasonal
$50 per event
Sales Permit (90 days max)
10
5
5.C.2.c.
Advertising Device (billboard)
$75 per billboard
License - Renewal
Compost Site
$250 annual license for commercial
vendors (Albertville materials)
Copying —faxing — other miscellaneous fees:
Administrative fees / Penalty
$200 (up to $200 per occurrence)
Parking Fund
$4,500 per stall
Developer Fees
3.5%
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
M
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 4
Title
Chptr
Sec
Subject
There are no propose ee changes
from 2009
Copying —faxing — other misc. fees continued:
3
1
3.13.3.
Recycle bin
$10 , plus sales tax
3
1
3.13.3.
Special Assessment Search
$20 per property
3
1
3.13.3.
PID and or Legal Description
$10 per property
Pop / water
Per vendor
3
1
3.13.3.
Copies (8 %2" x 11")
$0.25, plus sales tax
3
1
3.13.3.
Lot Survey Copy (I I" x 17")
$1 per copy, plus sales tax
3
1
3.B.3.
Color Copies
$0.30 per copy, plus sales tax
3
1
3.13.3.
Faxes
$3 1st page, $0.25 ea. additional page
3
1
3.13.3.
Maps — 2' x 3' wall,
black & white
$2 , plus sales tax
3
1
3.13.3.
Maps — 2' x 3' wall color
$5 , plus sales tax
3
1
3.13.3.
Maps — I I" x 17" street,
black & white
$2 , plus sales tax
3
1
3.13.3.
Maps — I I" x 17" street, color
$5 , plus sales tax
3
1
3.B.3.
Maps — 11" x 17" zoning, color
$5 , plus sales tax
3
1
3.B.3.
Maps — I I" x 17" sub -division
$5 , plus sales tax
Business lists (mailing list)
DO NOT PROVIDE
Resident lists (mailing list)
DO NOT PROVIDE
Builders -Contractors lists
(mailing list)
DO NOT PROVIDE
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
43
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 5
Title
Chptr
Sec
Subject
There are no propose-d a changes
from 2009
Copying —faxing — other misc. fees continued:
Minutes/Agendas
Mailed
$7 plus sales tax
Electronic
$5 plus sales tax
Faxed
$5 plus sales tax
Picked up
$3 plus sales tax
Council/Planning Packets
Mailed
$25 plus sales tax
Electronic
$20 plus sales tax
Picked up
$20 plus sales tax
3
1
3.13.3.
Comprehensive Plan
$100 , plus sales tax
3
1
3.13.3.
Comprehensive Park Plan
$75 , plus sales tax
3
1
3.13.3.
2005 Albertville Municipal
$300 plus sales tax
City Code Book
,
3
1
3.13.3.
Standard Detail Plates
$25 , plus sales tax
3
1
3.B.3.
Real Estate Annual Fee
$50 per year
(include Parade of Homes)
3
1
3.13.3.
Weed Elimination
$100 minimum, equipment cost plus
man hours
3
1
3.13.3.
Mowing
$100 minimum, equipment cost plus
man hours
3
1
3.13.3.
Snow plowing
$100 minimum, equipment cost plus
man hours
1
5
2.C.
Special meeting fee
$150
3
1
2
Returned check fee
$20 plus bank fees
3
1
3.B.3.
Special Assessment Deferment
Federal Poverty Level
Income level
4
6
9
Cable System Franchise
$500, plus City expenses
Application Fee
M:APublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 6
Title
Chptr
Sec
Subject
There are no proposed -fee clia—rig-Cs
from 2009
Building and or Zoning related fees:
3
1
3.13.3.
Zoning Request (lot size,
$25 per property
permitted use, etc.)
3
1
3.13.3.
Temporary Sign Permit
$25
Business sign permit fee
Per building permit fee schedule
Advertising Device (Billboard)
per building permit fee schedule
permit fee
Building maintenance and
$250 plus City expenses
occupancy appeal fee
Swimming pool permit fee
Per building permit fee schedule
Permit/Records — Duplicate
$50 per hour
Wastewater — water — stormwater related fees:
3
1
3.13.3.
Water Disconnect
$35 plus tax, non-residential
3
1
3.13.3.
Water Re -connect
$35 plus sales tax, non-residential
9
2
5
Water meter test
$50 plus sales tax, non-residential
Sewer tap fee
$250
9
4
6
Private Sewage Disposal
$100
System Permit
9
4
8
Private Sewage Disposal
$100
System Inspection
Water Availability Charge (for
those who have city water
$25 per year
available, but choose not to
hook-up)
M:Tublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
45
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 7
There are no proposed fee -changes
Title
Chptr
Sec
Subject
from 2009
Wastewater — water — stormwater related fees continued:
Water Rates (monthly)
9
2
10
Joint Powers portion
See Exhibit D Joint Powers
See Exhibit D Joint Powers Water
Water Board Fee Schedule
Board Fee Schedule 2010
2010
9
2
10
City of Albertville portion
See Resolution No. 2009-034
See Resolution No. 2009-034
Albertville Water Rates
Albertville Water Rates Schedule
Schedule 2010
2010
9
3.A.
8
Sewer Rates
See Resolution No. 2009-035
See Resolution No. 2009-035
Albertville Sewer Rates
Albertville Sewer Rates Schedule
Schedule 2010
2010
Stormwater Rates
Stormwater rate for pond not included that
will be a separate resolution
Stormwater Rates
Stormwater rate for Golf Courses are set by
a separate resolution (R 2008-023)
See Resolution No. 2009-028
See Resolution No. 2009-028
Albertville Fall Stormwater
Albertville Fall Stormwater Rate
Rate Schedule 2010
Schedule 2010
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
M.
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 8
Fire related fees:
Open Burning Nuisance
$200
Abatement fee
Car Fires/Accidents (non-
$500 first hours
residential)
$200 per hour thereafter
3
5
1 & 2
False Alarms — lst and 2"
Free of charge
3
5
1 & 2
False Alarms — 3rd
$300.00
3
5
1 & 2
False Alarms — 4th
$400.00
3
5
1 & 2
False Alarms — 5th
$500.00
3
5
1 & 2
False Alarms — 6th
$600.00
5
1 & 2
False Alarms — 7th
$700.00
3
5
1 & 2
False Alarms — 81h
$800.00
3
5
1 & 2
False Alarms — 9th
$900.00
3
5
1 & 2
False Alarms — 1 oth
$1,000.00 etc.
Fire Department Engine Type 1
& 2 (Wright county FCA
$400.00 per hour
uniform schedule billable calls)
Fire Department Engine Type 3
— 7 (Wright county FCA
$150.00 per hour
uniform schedule billable calls)
Fire Department Aerial
Apparatus (Wright county FCA
$750.00 per hour
uniform schedule billable calls)
Fire Department Tenders — All
Types ((Wright county FCA
$300.00 per hour
uniform schedule billable calls)
Fire Department Utility &
Rescue — All Types (Wright
$400 per hour
county FCA uniform schedule
billable calls)
MAPublic Data\Resolutions\2009 Resolutions\dra$\R 2009-046 (2010 Fee Schedules) (3).doc
47
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 9
_ - - -
ire Department oa ater Ice
Rescue (Wright county FCA
$150.00 per hour
uniform schedule billable calls)
Fire Department Personnel Each
(Wright county FCA uniform
$20.00 per hour
schedule billable calls)
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
M
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 10
EXHIBIT B
2010 Rental Fee Schedule
CENTRAL PARK SHELTER
RENTER
DAYS
RESIDENT
NON-RESIDENT
Private Business
Monday -Thursday
$100 per day,
$150 per day,
plus sales tax
plus sales tax
Private Business
Friday - Sunday
$100 per day,
$150 per day,
plus sales tax
plus sales tax
Civic Organizations
Same as Above
Once a month free then
or Non -Profit Groups
50% off above rate
Central Park Ballfield Fine (if no damage deposit) Administrative Fine $200.00
CENTRAL PARK SHELTER
LEAGUE OR OTHER TYPE OF RENTAL
RENTAL FEE
Central Park — Softball Leagues
S125.00 per field, per day, plus sales tax & proof of
liability dis.; includes lights & scoreboards
Central Park — Softball Tournaments
$100.00 per field, per day, plus sales tax & proof of
liability dis.; includes lights & scoreboards
Central Park — Broomball Leagues
$75.00 per field, per day. plus sales tax & proof of
liability dis.; includes lights & scoreboards
Central Park — Broomball Tournaments
$100.00 per field, per day, plus sales tax & proof of
liability dis.; includes lights & scoreboards
Central Park Ballfield Fine (if no damage deposit) Administrative Fine $200.00
Damage Deposit on all private and business rentals is $100.00.
Civic and non-profit organizations are required to clean the facility prior to leaving, leaving the
area in the same or in a better condition than found.
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
49
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 11
EXHIBIT B
2010 Rental Fee Schedule continued
CONFERENCE ROOM (SEATING FOR 8-12) {East or West)
.RENTER DAYS RESIDENT (2 Fir Min)
Private Business
Private Business
Civic Organizations
or Non -Profit Groups
Civie Organizations
or Non -Profit Groups
Monday - Thursday
Friday - Sunday
Sunday — Saturday
Same as Above
UPSTAIRS (SEATING FOR 12-50)
RENTER
Private Business
Private Business
Civic Organizations
or Non -Profit Groups
Civic Organizations
or Non -Profit Groups
DAYS
Monday - Thursday
Friday - Sunday
Sunday — Saturday
Same as Above
$10 per hour
plus sales tax
$15 per hour
plus sales tax
$50 per hour setup —
take down fee, plus
tax
Once a month free then
50% off above rate
RESIDENT (4 Hxs)
$50 per event
plus sales tax
$100 per event
plus sales tax
$50 per hour setup —
take down fee, plus
tax
Once a month free then
50% off above rate
Damage Deposit on all private and business rentals is $100.00.
NON-RESIDENT
(2 Hr Min)
$20 per hour plus
sales tax
$30 per hour
plus sales tax
$50 per hour setup —
take down fee, plus
tax
NON-RESIDENT (4 HRs)
$75 per event
plus sales tax
$150 per day
plus sales tax
$50 per hour setup —
take down fee, plus
tax
Civic and non-profit organizations are required to clean the facility prior to leaving, leaving the
area in the same or in a better condition than found.
W.Public Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
50
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 12
EXHIBIT B
2010 Rental Fee Schedule continued
MULTI -PURPOSE ROOM OR COUNCIL CHAMBER (SEATING FOR 12-50)
RENTER
Private Business
Private Business
Civic Organizations
or Non -Profit Groups
DAYS
Monday - Thursday
Friday - Sunday
Sunday — Saturday
RESIDENT (4 HRs)
$75 per event
plus sales tax
$125 per event
plus sales tax
$50 per hour setup —
take down fee, plus
tax
Civic Organizations Same as Above Once a month free then
or Non -Profit Groups 50% off above rate
FULL COMMUNITY ROOM (SEATING FOR 50-100)
{Council Chamber and Multi -purpose Room combined)
RENTER I DAYS I RESIDENT (4 HRs)
Private Business
Private Business
Civic Organizations
or Non -Profit Groups
Civic Organizations
or Non -Profit Groups
Kitchen
OTHER AMENITIES
RENTAL EQUIPMENT
AV Cart
Coffee
Monday - Thursday
Friday - Sunday
Sunday — Saturday
Same as Above
$125 per event
plus sales tax
$200 per event
plus sales tax
$50 per hour setup —
take down fee, plus
tax
Once a month free then
50% off above rate
Same as Above $50 per event
plus sales tax
Multi -purpose Room
RESIDENT
$10 plus sales tax
To be determined
NON-RESIDENT (4 HRs)
$110 per event
plus sales tax
$200 per day
plus sales tax
$50 per hour setup —
take down fee, plus
tax
NON-RESIDENT (4 HRs)
$200 per event
plus sales tax
$300 per event
plus sales tax
$50 per hour setup —
take down fee, plus
tax
$75 per event
plus sales tax
NON-RESIDENT
$15 plus sales tax
To be determined
M:\Public Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
51
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 13
_ExHIB
2010 Liquor Violation Schedule
Upon a finding that a licensee of any license granted pursuant to the City's Liquor
Ordinance has failed to comply with any provision of that Ordinance or any applicable State
law, or other regulation or ordinance relating to alcoholic beverages, the City Council
pursuant to the enforcement provisions of the City's Liquor Ordinance may either suspend
the license for a period of up to sixty (60) days, revoke any liquor license, or impose a civil
fine on the licensee not to exceed $2,000, for each violation.
2. The civil penalty and/or suspension and revocation imposed pursuant to the City's Liquor
Ordinance may in the City Council's discretion be based on the following guidelines related
to the licensees total number of violations at the specific location, at which the violation
occurred, within the proceeding 24-month period as follows:
First Violation: $ 500.00
Second Violation $1,000.00
Third Violation $1,500.00, plus two (2) day suspension of license
Fourth violation $2,000,00, plus a suspension of not less than five
(5) days but no more than sixty (60) days or revocation as determined by the City Council
3. The above referenced schedule is non -binding and is only intended as a guide to the City
Council for the imposition of appropriate sanctions pursuant to the City's Liquor Ordinance.
The City Council in its discretion may depart from this schedule for any reason it deems
appropriate.
4. Any suspension and/or revocation imposed by the City Council shall be pursuant to the
relevant provisions of the City's Liquor Ordinance including any hearing requirements.
5. Nothing in this resolution is intended to prohibit the City, County or other authorized entity
from seeking criminal prosecution for violations of the City's Liquor Ordinance or other
laws related to alcoholic beverages.
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
52
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 14
Joint Powers Water Board
2009 Fee Schedule
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
53
City of Albertville
County of Wright
Resolution No. 2009-046
(Fee Schedule)
Page 15
oin Powers Water oard-- -
2009 Fee Schedule (continued)
>3 inch meter
Commodity Rate, per 1,000 gallons
Per Copy Fee
Data on CD or floppy
Staff time to format/develop reports
Plan Review and construction inspection
escrow
Connection Permit Fee
Hydrant Use Permit Fee (per month)
Hydrant Use Deposit
Water Salesman/hydrant use rate
JP Standard Specifications
Unauthorized Hydrant Use
Chairman Stipend (annual)
Sprinkling Violations
Certification to Taxes
Late Fees on Water Bills
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-046 (2010 Fee Schedules) (3).doc
■.�
�1bcrtvillc Mayor and Council Communication
i
_ December 2, 2009
SUBJECT: Finance Department — 2010 Final Budget and 2010 Property Tax Levy
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following two motions:
Motion to approve the Resolution No. 2009-047 entitled a Resolution Adopting the 2010 Final
Budget in the amount of $2,979,997.
Motion to approve the Resolution No. 2009-048 entitled a Resolution Adopting the 2009 Final
Property Tax Levy, taxes payable 2010, in the amount of $2,939,755.
BACKGROUND: In June of each year, with staff preparing estimates and projections for
Council workshops, which are reviewed by Council through the early fall. On September 8,
2009, the City Council adopted a Preliminary Budget of $2,979,997 and certified a Preliminary
Levy of $2,939,755 to Wright County. Wright County then prepares and mails a projected tax
statement to residents. On Monday, December 7, the City Council will host a public hearing,
known as a Truth -In —Taxation, which the Council listens to resident comments. Following
public comments, the City Council at a regularly convened meeting may approve or make
adjustments to the final levy, which is then certified to Wright County for taxes payable in 2010.
Coinciding with the adoption of the City's Levy, the City Council officially adopts a 2010
Budget detailing projected revenue and expenses.
The 2010 budget process has been a difficult year with decreasing development activity,
numerous housing foreclosures, state un-allotments and a declining economy. General Fund
Reserves: Annually, the Mayor and Council to adopt a Preliminary Budget and set Property Tax
Levy. During the annual audit review, the Auditor cautioned the City as the General Fund
Reserves are at the lower end of the spectrum of what they want to see and what the State
Auditor recommends. The City must maintain adequate reserves to provide cash flow for City
operation through the first half of the following year providing gap financing until property tax
revenue is received in July. In 2007, the City's budget reserves were short $650,000; in 2008 the
City's budget reserves were short $788,553 and the estimate for 2009 is the City budget reserves
will be short an estimated $643,000.
KEY ISSUES:
• In 2007, the City's budget reserves were short $650,000, in 2008 reserves were short
$788,553, in 2009 it is estimated that the City's reserves will be short at least $643,000.
Staff continues to recommend building general fund reserves.
Mayor and Council Communication — December 2, 2009
Finance Director - 2010 Final Budget and Final Property Tax Levy
Page 2 of 2
• The State Auditor recommends the City have a minimum of 35% of their annual budget
_ as reserves for cash flow. The Auditor's preferred reserve is 50% of the annual budget.
City Auditors have been critical of the City's cash reserves.
• The primary source of increasing reserve funds would be through a general levy
increase. Other sources may include the sale of land.
POLICY CONSIDERATIONS: It is the City's policy to review and approve the 2010 Budget
and Final Property Tax Levy.
FINANCIAL CONSIDERATIONS: The 2009 budget is anticipated to be $643,000 short in
designated funds for the general reserve. Although staff can work with a shortfall, it is
recommended that the City Council continue to increase the General Funds reserve and not rely
on other capital reserves to fund cash flow needs. Levy limits will be on for a few years and in
certain situation will preempt the City from increasing its levy. Pending assessment lawsuits are
a concern that may impact general fund reserves. Although staff can work with a shortfall, it is
recommended that the City Council continue to increase the General Funds reserve and not rely
on other capital reserves to fund cash flow needs.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve the 2010
Annual Budget and Property Tax Levy pursuant to Minnesota State Law.
Respectfully submitted,
Larry R. Ise
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Resolution No. 2009-047, Resolution No. 2009-048
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-047
A RESOLUTION ADOPTING THE 2010 FINAL BUDGET
WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and
WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the
taxable property in the City of Albertville; and
WHEREAS, the Albertville City Council desires to reserve within the General Fund those
monies designated as capital outlays within various budget classifications, such that those
monies can be disbursed only for those capital outlays so specified within the budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Minnesota:
1. Hereby adopts the attached 2010 Annual Budget for the City of Albertville for the period
January 1, 2010, through December 31, 2010.
2. All monies designated within the budget, as capital outlays shall be reserved within the
Capital Reserves Fund, such that those monies can be disbursed only for those capital
outlays so specified within the budget.
3. The Albertville City Council has hereby complied with Minnesota Statutes.
4. The Finance Director is hereby authorized to transmit certification of compliance with
Minnesota Statutes to the Commissioner of Revenue as required.
Adopted by the Albertville City Council this 7th day of December, 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
57
lbertViIIIE
VSmall Town Uvina- Oka Cftm Life_ -
2010 BUDGET SUMMARY COMPARISON
General Fund Revenue:
GENERAL FUND
2009 2010 Difference Difference
Budqet Budget 09 to 10 S 09 to 10 %
31010
Current Ad Valorem Taxes
2,208,496
2,197,308
-$11,188
-0.51%
32100
Business Licenses & Permits
59,500
60,000
$500
0.84%
32110
Liquor Licenses
28,500
30,000
$1,500
5.26%
32120
3.2 Liquor Licenses
150
150
$0
0.00%
32150
Sign Permits
2,500
2,500
$0
0.00%
32210
Building Permits
177,321
125,000
-$52,321
-29.51%
32240
Animal Licenses
700
700
$0
0.00%
33405
Police Aid
25,500
26,000
$500
1.96%
33406
Fire Aid
55,000
41,000
-$14,000
-25.45%
33422
Other State Aid Grants
9,000
9,000
$0
0.00%
33620
County Grants & Aids
10,000
10,000
$0
0.00%
34000
Charges for Services
13,000
13,000
$0
0.00%
34101
Lease Payments - City Property
43,200
12,000
-$31,200
-72.22%
34001
Administration fees
151,010
134,632
-$16,378
-10.85%
Engineering Ian check
5,000
3,000
-$2,000
-40.00%
34050
Developer Fees
35,000
0
-$35,000
-100.00%
34103
Zoning & Subdivision Fees
7,000
2,500
-$4,500
-64.29%
Plan Check Fee
42,412
15,000
-$27,412
-64.63%
34105
Sale of Maps
100
100
$0
0.00%
34106
PID/Le al Description Requests
250
100
-$150
-60.00%
34107
Title Searches
250
150
-$100
-40.00%
34302
Fire Protection Contract Charges
148,507
108,724
-$39,783
-26.79%
34780
Rental Fees
5,000
5,000
$0
0.00%
34950
Other Revenues
10,000
12,000
$2,000
20.00%
35000
Fines & Forfeits
500
500
$0
0.00%
36210
Interest Earnings
68,000
30,000
-$38,000
-55.88%
0
0
$0
special levy 2008
0
48,436
$48,436
special lev2009
93,197
Total Revenues 1
3,105,896 1
2,979,9971
-219,096 1
-4.05%
i4'
General Fund Department 2009 2010 Difference Difference
Expenditures: Budget Budget 09 to 10 $ 09 to 10 %
41100
Council
46,645
46,495
-$150
-0.32%
41300
Administrator
137,070
137,845
$776
0.57%
MOO
City Clerk
132,382
129,739
-$2,643
-2.00%
41440
Elections
300
9,000
$8,700
2900.00%
41500
Finance
131,342
131,176
-$166
-0.13%
41550
City Assessor
33,000
33,000
$0
0.00%
41600
City Attorney
31,450
27,500
-$3,950
-12.56%
41700
City Engineer
57,000
43,700
-$13,300
-23.33%
41800
Economic Development
10,000
15,000
$5,000
50.00%
41910
Planning & Zoning
30,334
31,159
$825
2.72%
41940
City Hall
139,800
134,800
-$5,000
-3.58%
42000
Fire Department
275,662
267,527
-$8,135
-2.95%
42110
Police
489,250
503,700
$14,450
2.95%
42400
Building Inspection
287,835
289,586
$1,751
0.61%
42700
Animal Control
3,200
3,296
$96
3.00%
43100
Public Works - Streets
467,483
357,530
-$109,953
-23.52%
43160
Street Lighting
80,000
83,120
$3,120
3.90%
43200
Recycling
48,000
54,000
$6,000
12.50%
45000
Culture & Recreation
45,377
57,877
$12,500
27.55%
45100
Parks & Recreation
165,882
179,027
$13,145
7.92%
49300
Capital Reserves
493,884
444,921
-$48,963
-9.91
Total Expenditures 3,105,895 2,979,997-125,899
-4.05%
59
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-048
A RESOLUTION ADOPTING THE
FINAL 2009 TAX LEVY COLLECTIBLE IN 2010
WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and
WHEREAS, the Albertville City Council has determined that a tax levy upon the taxable
property in the City of Albertville is necessary to provide sufficient funds for the operation of the
City from January 1, 2010, through December 31, 2010; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Minnesota, that the following Sums of Money be Levied upon the Taxable Property in the City
of Albertville, for the following purposes:
GENERAL FUND $2,197,308
SPECIAL LEVY 2008 $ 48,436
SPECIAL LEVY 2009 $ 93,197
DEBT SERVICE FUND $ 600,814
BE IT FURTHER RESOLVED, the Finance Director is hereby instructed to transmit a
certified copy of such levy to the County Auditor of Wright County, Minnesota, to be placed
upon the tax rolls of the property within the City of Albertville.
Adopted by the Albertville City Council this 7th day of December 2009.
Ron Klecker, Mayor
Bridget Miller City Clerk
61
,i
A�Ibcrtvillc Mayor and Council Communication
Small Town Living. Blg City Ufa.
ber 2, 2009
SUBJECT: 0 CITY CLERK - 2010 CITY OBSERVED HOLIDAYS
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following motion:
Motion to approve Resolution No. 2009-049 entitled a Resolution Establishing the 2010 City
Observed Holidays.
BACKGROUND: Historically, the Albertville City Council has set the next year's City Observed
Holidays in December of the current year. Staff identifies the dates and puts them into a
Resolution format that is placed on the Council agenda for review and approval. The schedule
presented reflects the same number of hours as 2008, and 2009. The hours accommodate the 8
and 10 hour work day schedule.
KEY ISSUES:
• Eight and Ten Hour Days: Two schedules are needed to manage Holiday's off for the two
different groups.
POLICY/PRACTICES CONSIDERATIONS: There are no policy issues involving the
adoption of the two schedules.
FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to
approval of the Resolution setting the 2010 City Observed Holidays.
LEGAL ISSUES: The City Council has the authority to set the annual holiday schedule.
Respectfully submitted,
Larry R. Kruse
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: Resolution No. 2009-049
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 City Clerk Holidays R 2009-049 RCA.doc
Agenda Item No. 8.F.1.
Meeting Date December 7, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
A RESOLUTION ESTABLISHING THE
2010 CITY OBSERVED HOLIDAYS
WHEREAS, the City Council is desirous of establishing the 2010 City Observed Holidays for the
City of Albertville effective December 31, 2009; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County,
Minnesota, hereby establishes the following 2010 City Observed Holidays:
Four (4)
10-hour Schedule
Five (5)
8-hour Schedule
Thurs., Dec. 31
New Year's Day
Fri., Jan. 1
New Year's Day
Mon., Jan. 18
Martin Luther King Jr. Day
Mon., Jan. 18
Martin Luther King Jr.
Day
Mon., Feb. 15
Presidents' Day
Mon., Feb. 15
Presidents' Day
Mon., May 31
Memorial Day
Mon., May 31
Memorial Day
Mon., July 5
Independence Day
Mon., July 5
Independence Day
Mon., Sept. 6
Labor Day
Mon., Sept. 6
Labor Day
Thur., Nov. 11
Veterans' Day
Thur., Nov. 11
Veterans' Day
Thur., Nov. 25
Harvest -Thanksgiving Day
Thur., Nov. 25
Harvest -Thanksgiving
Da
Thur., Dec. 23
Winter -Christmas Day
Fri., Nov. 26
Harvest -Friday after
Thanksgiving Da
Thur., Dec. 23*
Winter -Christmas Eve
Fri., Dec. 24
Winter -Christmas Day
* City offices generally close at noon on December 24; however, in 2010 it will be observed on Thur., Dec. 23, in which
employees following the five (5) 8-hour schedule must use 2 hours of vacation or compensatory time.
Adopted by the City Council of the City of Albertville this 7th day of December 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
MAPublic Data\Resolutions\2009 Resolutions\draft\R 2009-049 (2010 Official Holidays Observed).doc
64
/A\\lb�rtvi)��
Small Town UWng. Big Clty Ufa.
Mayor and Council Communication
— November 25, 2009
SUBJECT: PLANNING - MORATORIUM ON TATTOO PARLORS/BODY PIERCING WITHIN THE
CITY OF ALBERTVILLE — ORDINANCE AMENDMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion to adopt Ordinance Number 2009-025, entitled an Ordinance establishing a
moratorium on tattoo parlors/body piercing within the City of Albertville.
BACKGROUND: The City Council directed staff to establish a moratorium on tattoo
parlors/body piercing within the City of Albertville in order to allow the City an opportunity to
review and revise the City's Zoning Ordinance in regards to tattoo parlors and body piercing.
KEY ISSUES: The current zoning status of tattoo parlors/body piercing studios within the City
of Albertville is as follows:
B-2
B-2A
B-3
B-4
B-W
Tattoo Parlors/
Prohibited Use
Prohibited Use
Unspecified
Permitted Use
Unspecified
Body Piercing
Studios
POLICY CONSIDERATIONS: The moratorium is being enacted to allow staff time to study
the siting and operation of tattoo parlors/body piercing uses and establishments to determine
appropriate zoning and business licensing regulations. Staff shall also schedule a public hearing,
at which time public comment will be accepted and received regarding the placement, location,
and operation of tattoo parlors/body piercing establishments within the City.
FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this
amendment.
LEGAL CONSIDERATIONS: Subd. 4 of MS § 462.355 authorizes cities to use the tool of a
moratorium/interim ordinance. The statute authorizes an initial term of one year of enforcement
to municipalities. A municipality may conditionally extend an interim ordinance for up to 18
months. hi 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
uponpublication.
Respectfully submitted,
Larry fit: use
City Administrator
Department/Responsible Person: Planning/City Planner Alan Brixius
Attachments: Ordinance No. 2009-025
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 Planning RCA Tatto Parlors -Body Piercing -Temp Prohibit.doocc
Agenda Item No. .H.1.
Meeting Date December 7, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.2009 — 025
AN ORDINANCE ESTABLISHING A MORATORIUM ON
TATTOO PARLORS/BODY PIERCING WITHIN
THE CITY OF ALBERTVILLE
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. The Albertville Municipal City Code is hereby amended to read as follows:
Pursuant to the authority of Minnesota Statute 462.355(4), a total prohibition is hereby imposed
on the location of all businesses engaged in tattoos and body piercing anywhere within the City
of Albertville limits. Said prohibition shall be effective for twelve months from the date of this
ordinance approval. Any application for issuance of building or occupancy permits under Title
10 of the Albertville Municipal City Code and text changes, variances, conditional use permits
and rezoning requests under Appendix A of the Albertville Municipal City Code for any new
use, construction, or development for a business engaged in tattooing or body piercing shall be
denied until twelve months from the date of this ordinance approval.
SECTION 2. The City Council hereby directs city staff to study the siting and operation of
tattoo parlors/body piercing uses and establishments to determine appropriate zoning and
business licensing regulations. Staff shall also schedule a public hearing, at which time public
comment will be accepted and received regarding the placement, location, and operation of
tattoo parlors/body piercing establishments within the City.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this 7a' day of December 2009.
Ron Klecker, Mayor
Bridget Miller, City Clerk
::
• BOLION 8� MINK,
Consulting Engineers & Surveyors
u 7533 Sunwood Drive NW - Ramsey, MN 55303
Phone (763) 433-2851 - Fax (763) 427-0833
www.bolton-menk.com
December 1, 2009
Mr. Larry Kruse, City Administrator
City of Albertville
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301
SUBJECT: PROPOSAL TO THE CITY OF ALBERTVILLE
CSAH 19 FINAL DESIGN (OUTLET MALL TO 70" STREET)
Dear Mr. Kruse:
1 NC®
Upon your request, Bolton & Menk, Inc. is pleased to present this proposal for 9rofessional
services for final design of CSAH 19 from the Outlet Mall entrance through 70 Street NE.
In general the scope of this project includes reconstructing CSAH 19, between the Outlet Mall
intersection and *h Street NE, to a 4-lane divided urban highway. The roadway corridor will
include: 4-lanes of travel plus turn lanes; raised medians and urban design elements; improved
channelization of the right -in -only access to the north side of the Mall's third phase; full
development of the 67`" Street intersection, with provisions for future signalization; right -in
right -out access to 69th Street NE; lane transitioning north of 70t' Street, designed to eliminate or
minimize right-of-way impacts in Otsego; improved pedestrian facilities at select locations; and,
landscaping and lighting enhancements consistent with those implemented with the 2007 CSAH
19 improvements.
Based on the preliminary layout of the project, we propose to complete plans and specifications
and contract documents for bidding of the project. Tasks associated with the final design of the
project will include the following:
• Finalize Geometric Layout
• Establish Construction Limits and Determine Right -of -Way Needs
• Complete Drainage Analysis
• Solicit Proposals and Coordinate Geotechnical Investigation
• Facilitate Required Utility Coordination
• Develop Final Construction Design and Drawings
• Prepare State and County Review Submittals
• Prepare Cost Estimate, Special Provisions and Bid Package
• Prepare and Submit Required Permit Applications
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer
67
CSAH 19 — Final Design
12/1/09
Page 2
We propose to complete the above listed tasks on an hourly basis with a_not to exceed cost of
$121,500.
Bolton & Menk will develop a design schedule that reflects the goals of the City and will have a
final approved set of plans and specifications in hand by March 1st, 2009. This schedule assumes
that authorization to proceed will occur at the December 7, 2009 Council meeting. The proposed
design schedule is aggressive, but attainable through early coordination with property owners
and Wright County.
Thank you for the opportunity to present this proposal. Please let me know if you have any
questions.
Sincerely,
BOLTTO�ON & MENK, C.
4
Adam Na tad, P.E.
Albertville City Engineer
68
�1bcrtvillc Mayor and Council Communication
l
SUBJECT: LEGAL - ALBERTVILLE, HANOVER AND ST. MICHAEL LIBRARY CONTRACT
RECOMMENDATION: It is respectfully requested that the City Council consider the
following motion:
Motion approve the Joint Agreement between the City of Albertville and St. Michael entitled
Agreement for Construction and Maintenance of a New Branch Library as on file in the Office of
the City Clerk.
BACKGROUND:
In 2009, the Cities of St. Michael, Hanover and Albertville worked cooperatively to plan the
construction of a 10,000 square foot public library dedicated for adult, teen and children's
services, service counter, staff work space and a flexible meeting room; and approximately 2,800
square feet for lobby, bathrooms, storage, and mechanical space, which is the library's pro rata
portion of the space based on the overall building size.
St. Michael is also building a new City Hall and senior center, which provides the opportunity to
have a larger project which ultimately provides the synergy to lower the costs for the library
project. St. Michael received a $400,000 library grant which will be used to offset the cost to the
cities.
KEY ISSUES:
• Fairness in distribution of operating expenses and bond payments is handled by annually
allocating costs based on the current population and market value.
• Fair equity distribution should the library be discontinued or sold is handled by St.
Michael refunding Albertville's pro-rata share of ownership, based on a depreciated cost
approach appraisal for the library portion of the building appraisal.
• Term of Agreement has been structured so once the debt is paid, Albertville can opt out
with a one year notice; however if this happens before the useful life of the building is
exhausted, the City will forfeit its investment.
• The City of Hanover has not approved signing an agreement, which does not affect
Albertville, as that is St. Michael's responsibility to gain their participation or bear
Hanover's share of the costs. Hanover, has agreed to contribute in 2010, but may only
consider an annual appropriation, year by year.
• Library Name will list Albertville, Hanover and St. Michael.
POLICY CONSIDERATIONS: It is the Policy of the City to review and approve all
agreements, which are approved on a case by case basis.
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 Albertville St. Michael Library Agreement RCA.doc
Agenda Item No. 8.11.
Meeting Date December 7, 2009
Mayor and Council Communication - April 15, 2009
Albertville, St. Michael Library Agreement
Page 2 of 3
FINANCIAL CONSIDERATIONS: The capital construction cost of the Library will be paid
for using the formula where the host City (St. Michael) pays the first 25% of the costs, and then
after that the operating expenses and bond payments are pro -rated to the three cities based on the
current year's population and market value. The following is Albertville's debt schedule
Ma
f
Par Amount o1 Bonds
4,095.000
Bash
2,810,no
Grant
4KS75
ReEquity
Contmutlon
Financing Costa above 2% of Par
ASAI0
Total So!urose of Funds
7,334,835
Total Underxrlt9r's 019oount JUN%)
74,.275
Cost. of issuance
52„331
CapltaltzedInterest
Deposit to DSR Fund
-
Deposit to Project Fund
7,204,935
Rounding, Amount
2_340
Total Was
7,3$4,685
Avarage Coupon:
5.3393%
Efraotive «,v9rage Y491d_
3.5891%
Period
LeVy Collect
Ending
.Atb.rN JAy
Hanower
St-9leria9J
Total
Year Year
Data
Portion
Portinn
Portion:
Debt S:elvlc9
2E37 270E%
11f1!2CH9
21,78 21109
2f1P2D,0
-
-
-
2M9 2,311,
2flMlI
23,669
9,192
144;996
17E,253
2010 2711
21.2112
37511
12.315
2C5,.876
25E,302
2Cf1 2912
2t1t2C13
37,0:7
12,917
2C4282
25v,126
211f2 2713
211*2C14
38,26E
13,246
2C9.E22
267.1.34
2143 2314
2J.,20t5
378E'3
13106
21,S:Ea9
25E.E25
r
21It4 2315
2a1-21-16
37,4=,
12.954
2C2,E16
25Z392
2C15 2nif,
2+'1t2C17
37,2C1
12 978
2C�,',ai
2°d,233
2016 2717
2+1j20f8
38,OC°
1.,f55
214,342
2M 132
2I'll i7 2916
2% iCi'9
37AE-4'
IZ1455
�2CE,t59
25:,988
21118 2219
2'1!2C20
37,339
12,925
21,5;351
255,15
2149 2721,
2flj21,21
38,011
13,158
21,5296
25E•A64
2020 2921
2fLi2C22
_ 37,565
Ur710
209,325
25EA20
2C21 2122
21!2C23
38,174
1-3,215
2C44,7+03
25E 793
2022 2323
VV2034
37653
13.336
2E,4..342
255.E37
2C23 2J24
2(i.02C25
38,41v.
131297
21-9. 301
259 713
2124 2025
2r1A2026
37*,797
13,734
2C',c64
259A45
2025 2126
Z1.121-27
38193
13,223
2D5,Aa3
25EA05
2126 2327
211i2C28
37,483
12,38C
2E,4.E76
251c;,t56
2C27 2328
V1121,29
38.062
13,185
21--E,932
259,208
21,28 2329
2+'1j2C30
38,629
13,371
209,995
2CD,991
2029 223C
ViM,31
37,762
13,378
2C7242
259,1,03
21,30 21131
21+2C.2
38,229
1Z233
M9;E52
263,.114
2CQ11 2732
21!2C33
38,3E9•
13,281
ME,105
25E,.755
2C32 2]33
2;112C194
37,673
13,339
2N?E19
259,228
2C�3 2234
2 VM_45
37,9H
13,.1,53
2C9,1148
259,299
331,885
322,675
5,069,637
6,343,097
In 2010, Albertville will pay $23,665 towards library construction. When the new library is
operation, Albertville will pay approximately $38,000 for debt service and $7,500 for operations,
for an increase over 2009 of 47 percent.
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 Albertville St. Michael Library Agreement RCA.doc
Agenda Item No. 8.11.
Meeting Date December 7, 2009
Mayor and Council Communication — April 15, 2009
Albertville, St. Michael Library Agreement
Page 3 of 3
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to enter into this
"Library Agreement" funding capital construction and operation of a municipal public library.
From a contractual standpoint, Albertville will be bound to participate in the Library for at least
25 years unless St. Michael fails to make it's bond payment. The Agreement provides Albertville
residents full use of the Library. Major capital improvements over $5,000 will need to be
approved by the Ad Hoc Committee (made up of two appointees by Albertville and two by St.
Michael) or approved by the Albertville City Council, otherwise St. Michael can proceed without
Albertville's financial participation.
Respectfully submitted,
Larry R. se
City Administrator
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: Albertville and St. Michael Library Agreement
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 Albertville St. Michael Library Agreement RCA.doc
Agenda Item No. S.J.1.
Meeting Date December 7, 2009
JOINT AGREEMENT
Between
the cities of St. Michael and Albertville
For
Construction and Maintenance of a New Branch Library
This agreement will provide a framework for construction and maintenance of a new Great
River Regional Library System branch library ("Library") at the northeast corner of Town
Center Drive NE and Landmark Drive NE in the City of St. Michael. The Library will include:
approximately 10,000 square feet of floor area space dedicated for adult, teen
and children's services, service counter, staff work space and a flexible meeting
room; and
approximately 2,800 square feet for lobby, bathrooms, storage, and mechanical
space, which is the library's pro rata portion of these areas based on the overall
building size;
I. Purpose
The purpose of this agreement is to define the roles and responsibilities of the City
of St. Michael ("St. Michael") and City of Albertville ("Albertville") in a cooperative
working relationship to establish and maintain the Library.
II. Initial Construction
A. The Library design will be substantially similar to the plans attached as Exhibit A
("Plans").
B. St. Michael is responsible to bid, contract, finance, and carry to completion the
construction of the Library.
C. St. Michael has the right to make such adjustments to the Plans throughout the
initial construction period as St. Michael reasonably deems necessary to
complete construction and manage costs.
III. Construction Cost Sharing
A. St. Michael and Albertville agree to participate in sharing the costs of
constructing the Library, including items such as consultant fees, site
improvements, construction, furniture, and equipment. The architect's estimate
for the cost of the construction of the Library is $3,000,000.
B. A $400,000 State Library Grant will be applied to the overall project, reducing
the net cost to an estimated $2,600,000 ("Library Net Cost").
C. Each city's share of the Library Net Cost will be determined based on the actual
costs and the following formula ("Funding Formula"):
1. 25% of the Library Net Cost shall be paid by St. Michael. This is because the
Library is located in St. Michael.
2. The remaining 75% of the Library Net Cost shall be split between the three
cities based on the pro rata average of St. Michael's, Albertville's and City of
72
Hanover's percentage of population and market value, with St. Michael
paying the pro rata share attributable to the population and market value
averages for St. Michael and the City of Hanover and Albertville paying the
pro rata share_ attributable to the population and market value average for
Albertville.
3. Actual payments to satisfy the requirements set forth in section III C 2 above
shall be adjusted annually based on annual population estimates and market
values for the three cities throughout the life of the bond issued by St.
Michael for the Library project. For example, 2011 bond payments will be
based on the Minnesota State Demographer's most recent population
estimate and 2011's market values.
4. St. Michael shall make its best effort to notify Albertville by August 1 of each
year what each city's share of the bond payments will be for the following
year.
5. Albertville shall make the required annual payments to St. Michael in two
equal installments, said installments to be paid no later than July 20 of the
year the bond payment is due and the following January 20th.
Exhibit B provides an example of the Funding Formula.
Exhibit C provides an estimated bond payment schedule, assuming each city's
share remains constant over the term of debt.
IV. Maintenance, Operations and Use
A. Should St. Michael establish policies for the use of the Flexible Meeting space,
identified as Room 116 on Exhibit A, residents of Albertville shall receive the
same status as St. Michael residents. It is understood by all parties that Library
functions get priority for this space. St. Michael has the sole right to establish
policies for the use of other portions of the building, excluding the Library (i.e.
Senior Center, multi -purpose room, conference rooms).
B. Each city shall pay its share of the annual cleaning and utility costs ("Annual
Maintenance Costs") for the Library based on the Funding Formula.
1. For services where it is possible to determine the actual cost attributable to
the Library, said cost will be included in the Annual Maintenance Cost.
C. For those services where it is not possible to determine the actual cost
attributable to the Library (i.e. natural gas and electricity), a pro rata portion will
be allocated to the Annual Maintenance Costs based on the size of the Library in
relation to the size of the entire building. St. Michael shall make its best effort to
notify Albertville by September 1 of each year what the Annual Maintenance
Costs will be for the following year. Albertville shall make quarterly payments to
St. Michael no later than March 31, June 30, September 30 and December 31 of
each year.
D. St. Michael shall have authority to make such improvements (i.e. painting) or
repairs reasonably deemed necessary by St. Michael for the Library, so long as
the costs for said improvements and repairs do not exceed an aggregate of
$5,000 in any given year. Said improvements and repairs costs shall be paid by
each city according to the Funding Formula in effect for the year in which the
improvements and repairs costs are incurred.
Page 2 of 5
73
E. For improvements or repairs estimated to exceed an aggregate of $5,000 in any
given calendar year, an Ad Hoc Committee shall be formed with two
representatives appointed by each City Council. The Ad Hoc Committee shall
determine which repairs and improvements shall be funded by the City of St.
Michael and the City of Albertville pursuant to the Funding Formula. In the
event the Ad Hoc Committee cannot agree on which repairs and improvements
shall be funded pursuant to the Funding Formula, the Albertville City Council
and the St. Michael City Council shall meet in joint session in an attempt to
determine which improvements shall be funded pursuant to the Funding
Formula. Only those repairs and improvements estimated to exceed an
aggregate of $5,000 in any calendar year which are approved by the Ad Hoc
Committee or the joint session of the Albertville and St. Michael City Councils
shall be funded via the Funding Formula set forth in this Agreement.. Expenses
for improvements or repairs approved by St. Michael which do not exceed an
aggregate of $5000 in any given calendar year shall be paid by St. Michael and
Albertville in accordance with the Funding Formula with terms of the payments
to be determined by St. Michael at the time St. Michael approves the making of
such improvements or repairs.
V. Miscellaneous
A. Albertville waives any objection to St. Michael establishing a lease -purchase
agreement with the Economic Development Authority of St. Michael as a vehicle
to finance the Library and related building project, provided that if St. Michael's
Economic Development Authority or the City of St. Michael ever fail to make an
annual lease payment such that the building is no longer owned or leased by St.
Michael or its Economic Development Authority, Albertville shall be released
from all obligations under this Agreement.
B. Signage on site shall recognize the participation of Albertville in the Library.
C. Unless otherwise agreed to by both parties in writing, or unless GRRL either
discontinues funding of library services or in the reasonable opinion of St.
Michael substantially decreases funding of library services, the Library shall be
located and operated as shown on the Plans for a minimum of 25 years from the
date of this agreement.
D. The parties shall endeavor to resolve all disputes through mediation before
commencing legal action.
E. As long as Albertville continues to fund the bond, operation and maintenance as
required by this Agreement, St. Michael shall ensure that Albertville's residents
shall have access to the same library services and facilities located at the
building as St. Michael residents shall have.
VI. Term of this Agreement.
Page 3 of 5
74
A. Subject to the limitations set forth below, this Agreement shall be perpetual.
B. Albertville shall be obligated to make its share of bond payments for the life
C.
of the bond, not to exceed 25 years, provided the library building is used as a
public library during the entire time such bond payments are made.
Albertville's Annual Maintenance Cost and repair and improvement
obligations under this Agreement shall continue so long as the building is
being used for a public library, provided, however, that Albertville may
terminate its maintenance and operating funding under this agreement
upon one -year's advance notice to St. Michael.
VII. Residual Use of the Building.
A. At such time as the building is no longer used as a public library, and
provided Albertville has not withdrawn from its maintenance obligations
under this Agreement, St. Michael shall reimburse Albertville in an amount
equal to the proportion of the library building's bond payments that have
been paid by Albertville under this Agreement multiplied by the value of the
library portion of the building at the time of such discontinuance, with the
value of the library portion of the building being that as determined by an
appraiser jointly appointed and jointly paid for by the City of St. Michael and
the City of Albertville. The appraiser shall employ the Cost Approach to
value the building only, (not including the land) with an appropriate
adjustment for depreciation.
Page 4 of 5
75
AUTHORIZATIONS
CITY OF ST. MICHAEL
Mayor, City of St. Michael
Administrator, City of St. Michael
CITY OF ALBERTVILLE
Mayor, City of Albertville
Clerk, City of Albertville Date
Date
Date
Date
Page 5 of 5
76
ILIA [;A rL
To: Albertville City Council; Larry Kruse, City Administrator;
From: Mike Couri, City Attorney
Date: December 2, 2009
Re: Complaints Regarding Full Moon Saloon
The Council requested that we prepare a report on the complaints recently
received against the operations of the Full Moon Saloon. Since August 2009,
the Wright County Sheriff's Office has received 25 calls to the Full Moon.
There have been 6 calls for noise complaints, 6 calls for fights, 6 calls for
disorderly/drunk/unwanted persons, 2 calls for property damage, 1 for indecent
exposure, and 4 others. There have been several specific complaints brought
forth by residents of Albertville. Those complaints will be addressed
individually with an assessment of the applicable law and the facts we have been
notified of.
I. CONSTRUCTION OF A DECK WITHOUT A BUILDING PERMIT
A deck has been constructed at the rear of the building and no building
permit was obtained for the deck. Albertville Ordinance 10-2-1 adopts the State
Building Code. The State Building Code 1300.0120 requires a building permit
to "construct, enlarge, alter, repair, move, demolish, or change the occupancy of
a building or structure." The Full Moon has been informed of the problem via
letter from our office, has been given ten days to remedy it, and has failed to
take any action to remedy it within the ten day period per Jon Sutherland.
The City has two options to enforce the requirement of a building permit.
The City can continue with civil enforcement actions, taking the issue to District
Court if necessary, or the City can pursue criminal charges, as the State Building
Code 1300.0150 makes a violation of the code a misdemeanor.
Full Moon also has a problem with stairs at one of its exits which do not
meet the building code. If the City pursues any enforcement action on the deck
issue, it should also pursue the stair issue. While it may be possible for the City
Building Inspector to order the building closed because of the improperly
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Agenda Item No. B.J.G.
Meeting Date December 7, 2009
77
constructed stairs, I would not suggest this course of action without obtaining a
Court order first.
II. DRINKING ON DECK/OUTSIDE OF BAR
There have been complaints that patrons of the Full Moon have been
drinking outside on the deck. Diane Shettel, a neighbor, indicated that there are
often people out on the deck behind the Full Moon smoking and drinking. She
reported that at times there have been crowds of up to 30 people. A complaint to
the Sheriff on 10/24/09 resulted in two people being cited for drinking outside.
Pursuant to Minn. Stat. 340A.410 a City is allowed to include an outdoor
space in a liquor license but the space must be compact and contiguous. The
statute further notes that a license is only effective for the premises specified in
the license. Albertville Ordinance 4-1-9 reiterates the same standards. The City
has the authority to permit the Full Moon to allow drinking on the deck but only
if it is included in the Full Moon's liquor license, which at this point it has not
been.
The outdoor space behind the Full Moon is not included in its liquor
license, therefore, any alcohol sales or consumption there is a violation of the
license. For any violation of an ordinance relating to alcoholic beverages,
Albertville Ordinance 4-1-15A allows the Council to impose a fine of up to
$2,000, suspend the license for up to sixty days, or revoke the license.
III. URINATING/THROWING BEER BOTTLES OFF OF DECK
Residents have also complained that patrons of the Full Moon have been
urinating off of the deck and have been throwing things including beer bottles
off of the deck and onto nearby residential property. Diane Shettel indicated that
there has been significant damage to both her fence and her garage from the
patrons of the Full Moon. Holes have been put in the fence and the garage wall
is dented due to beer bottles being thrown against it. The Sheriff's Office has
reported two separate property damage complaints from the Full Moon.
Though these issues are not covered under the liquor license ordinance,
they can be dealt with as public nuisances under Chapter 5 of the Albertville
Code. The urinating could be addressed under Albertville Ordinance 5-1-3
either as unlawful sewage disposal under section F or as an odor under section
L. Though these sections were probably not drafted for such a complaint they
are broad enough to cover it. The throwing of beer bottles could be addressed
under Albertville Ordinance 5-1-5 section J for junk accumulations, O for
throwing dangerous objects on public ways (if the streets and sidewalks are
affected by the thrown bottles), or P for garbage and refuse.
The limitation with this enforcement is that the action can only be taken
against the persons causing the problem, not against the Full Moon. If the
nuisance ordinance is used, Section 5-1-13 allows it to be enforced through an
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Agenda Item No. 8.12o
Meeting Date December 7, 2009
Fft
administrative fine, as a misdemeanor, or through civil processes in district
court.
IV. NOISE COMPLAINTS
There have been many noise complaints about the Full Moon. Most
complaints have been in connection with loud music, especially the Full Moon
keeping doors and windows open when live music is being played, but Diane
Shettel also indicated that there have been problems with the patrons on the deck
yelling. There have been 6 noise complaints filed with the Sheriff's Office. In
several of the complaints, dated 10/10/09 and i in/09 the responding officer
specifically noted that the music was excessively loud. In the complaint dated
i inlo9, the owner told the officer that the back door was closed and there was a
security guard there, but when the officer checked, the door was open and there
was no guard.
Albertville Ordinance 4-1-11, part of the liquor license ordinance,
prohibits an establishment from leaving doors or windows open when live music
is playing. This can be enforced via the liquor ordinance. Albertville Code
Section 4-1-15 A allows the Council to impose a fine of up to $2,000, suspend
the license for up to sixty days, or revoke the license.
The other noise complaints are best dealt with under the Albertville noise
ordinance. Section 5-5-1 prohibits noises that unreasonably annoy or disturb
others. Further, under Section 5-5-4 the Full Moon can be held accountable for
any noise violations. Albertville Ordinance 5-5-4 states that any violation of 5-
5-1 is considered to be a violation by the person who committed the act as well
as by the person in control of the premises who permits the violation to take
place. The owner of the premises must "make every reasonable effort to see that
the violation ceases. Any noise violation can be enforced through
administrative fines, criminal or civil procedures and can be enforced against not
only the patrons involved but also against the Full Moon.
V. CHIPPENDALE DANCERS
The other main complaint against the Full Moon is that there were
Chippendale dancers there on Sunday November 8. We have not seen any first
hand accounts of this nor was there a complaint to the Sheriff's Office. Before
taking any action on this complaint the City should obtain first hand accounts of
what occurred. Although one citizen stated at the last City Council meeting that
he knew of a person willing to come forward who was present at the Full Moon
Saloon when the Chippendale Dancers were present, this person has since
confirmed that the witness does not want to come forward and give a statement
as to what she witnessed in the Full Moon when the Chippendale Dancers were
present. Without an eye -witness account, the City would have no basis for
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Agenda Item No. 8.12.
Meeting Date December 7, 2009
79
determining that a violation of the City's Liquor Code occurred due to the
actions of the Chippendale Dancers.
If such evidence can be obtained, there are several actions the City can
take. Albertville Ordinance 4-1-11 prohibits Nudity and Sexual Conduct in any
premises licensed for on -sale liquor. T7-e following I are prohibited -
c. To employ or use any person for the purpose of staging any nature of lingerie
show in which the persons are unclothed or in such attire, costume or clothing as
described in subsection Ela of this section.
d. To encourage or permit any person on the licensed premises to touch, caress or
fondle the breasts, buttocks, anus or genitals of any other person.
f. To permit any person to perform acts or acts which simulate:
(1) With or upon another person, sexual intercourse, sodomy, oral
copulation, flagellation or any sexual acts which are prohibited by law.
(2) Masturbation or bestiality.
(3) With or upon another person, the touching, caressing, or fondling on
the buttocks, anus, genitals or female breasts.
(4) The displaying of the pubic hair, anus, genitals or female breasts below
the top of the areola.
If the actions of the Chippendale dancers fit any of the definitions above,
Section 4-1-11(2) allows the City to suspend or revoke the Full Moon's liquor
license. Violations of this section are also considered a misdemeanor so the City
could take criminal action against the owner of the Full Moon.
The City could also address this issue under the State Criminal Statutes.
Minn. Stat. 617.242 which prohibits any adult uses on Sunday and prohibits any
"adult entertainment establishment" within 500 feet of residential property.
Again, depending on what occurred the activity of the Chippendale Dancers at
the Full Moon Saloon may fall into either of these categories.
VI. ENFORCEMENT OPTIONS
Many of the complaints against the Full Moon report activity that can be
addressed by the City. In general, pursuant to Minn. Stat. 340A.415 and
Albertville Ordinance 4-1-15, any violation of a "statute, rule, or ordinance
relating to alcoholic beverages" allows the City to issue a fine of up to $2,000,
suspend for up to 60 days or revoke a liquor license. If the City chooses to
suspend or revoke a license, a hearing must first be held. If the Council
preliminarily believes that these issues are serious enough to revoke a liquor
license, we recommend sending the matter to the Office of Administrative
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Agenda Item No. 8.12.
Meeting Date December 7, 2009
Hearings in St. Paul for a full-blown hearing. If the City Council preliminarily
believes that these matters more likely warrant a fine or suspension, the hearing
can be conducted before the City Council. License revocations are generally
rare, and typically involve rather serious ordinance violations. Suspensions are
typically employed where repeat offenses of a lesser:-nati re Eentinuetoecr�--
and fines are typically employed for first or second minor offenses.
We anticipate that items to be considered at such a hearing would include
the allegation that the doors to the business were opened when a band was
playing, and the allegations of drinking out on the deck. Because there are no
substantiated allegations of illegal activity involving the Chippendale Dancers,
we do not recommend bringing this issue to a hearing unless actual evidence in
the form of eyewitness testimony or photographs come forward.
There are several other enforcement options under Minnesota law.
Minn. Stat. 561 may allow the affected property owners to bring a nuisance
action against the bar. This would be a civil action between the residents and the
bar with no City involvement.
Minnesota law also provides several criminal solutions. Minn. Stat.
609.74 also allows for a criminal nuisance action, Minn. Stat. 609.33 defines a
disorderly house as one with continual violations of liquor laws, and Minn. Stat.
609.68 prohibits littering on private properties.
Finally, we are working on proposed amendments to the liquor ordinance
that would better control many of the activities complained of by the neighbors.
While a draft of these changes may be available for the December 7th meeting,
we would not expect any Council action on these proposed changes until the
December 21 st meeting.
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Agenda Item No. 8.12.
Meeting Date December 7, 2009
W
Nbertville Mayor and Council Communication
Sn-11 Town Uving. Big City Ufs.
Decemhex-2, 2A99
SUBJECT: LEGAL - PROPOSED CHANGES TO THE CITY CODE RELATED TO LIQUOR
LICENSING AND REGULATION
RECOMMENDATION: The attached ordinance amendments have been placed on the City
Council agenda for discussion and direction by the City Council as to how the Council would
like to proceed.
BACKGROUND: The City has recently received multiple complaints relating to activity
occurring in and around the Full Moon Saloon. These complaints include:
• Doors open when a live music is performing inside the building in violation of the City's
existing liquor ordinance;
• Patrons drinking alcohol on the outside deck;
• Patrons urinating and littering from the outside deck;
• Patrons throwing bottles and cans at neighboring property, causing damage to
neighboring properties and littering neighboring properties;
• Multiple calls to the Sheriff's department for loud noise, fights, and other disturbances.
• Bottles, cans and other litter in the street and bushes adjacent to the street.
Most of these complaints came from the public, but some of the issues identified above were
brought to the City's attention by Sgt. Findley of the Wright County Sheriff's Department when
City Staff met with him. Sgt. Findley noted that calls to the Full Moon Saloon far exceed the
number of calls to any other on -sale establishment in the City and Full Moon is likely one of the
highest call generators of any on -sale establishment in the County.
While existing liquor ordinances apply to some of the complaints identified above, many of them
are not currently covered under the Liquor section of the City Code. The attached ordinances are
proposed amendments to the City Code which will provide the City with additional tools to
better regulate the activities that have led to the complaints noted above.
KEY ISSUES: The proposed amendments seek to accomplish the following:
• Allow the City to suspend live music in a licensed establishment if the establishment does
not keep the doors and windows closed or if the music is simply too loud at the property
line.
• Prohibit alcohol consumption outside in the parking lots of any on -sale establishment.
• Require all licensed establishments to meet all applicable zoning ordinances and building
codes, and all other City ordinances.
• Require all on -sale businesses to clean the street abutting their establishment and the
corresponding area across the street of litter on a daily basis.
M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 RCA 2009 Liquor Ordinance Changes. doc
Agenda Item No. 8.J•3•
Meeting Date December 7, 2009
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.2009-026
AN ORDINANCE REVISING AND
UPDATING THE LIQUOR ORDINANCE.
The City Council of the City of Albertville, Minnesota hereby ordains:
Specific portions of Title 4 Chapter 1 of the Albertville City Code are hereby amended as
follows:
1. Section 4-1-11 F and G of the Albertville City Code are hereby amended to
read as follows:
4-1-11: CONDITIONS OF LICENSE:
Every license is subject to the following conditions and all other provisions of this
chapter and of any other applicable ordinance, state law, or regulation:
F. Music:
1. Live Music. Any on -sale establishment within which live music is being
performed must, at all times that the live music is being performed, keep all
windows and doors to the establishment closed, except that doors may be
opened only as long as necessary for employees and members of the public
to enter and exit the establishment.
2. Amplified Music Played Outdoors. Any on -sale establishment that locates
a speaker or other mechanism outdoors through which amplified music is
Played or broadcast shall not play such music at a volume level that
constitutes a nuisance when heard from the property line of the premises.
3. Violation. In the event of a violation of this Section 4-1-11 F, or in the event
a law enforcement officer determines that the music can be heard at the
property line of the premises at a volume level which is deemed to be a
nuisance, the City Council may, in addition to any other penalties for violation
of this section contained in the City Code, also prohibit live music from being
performed in the licensed establishment or amplified music from being plate
outdoors for any period of time deemed necessary by the City Council. (Ord.
2008-013, 12-15-2008)
G. Fire Code Violations:
1. Every licensee shall allow city officials to inspect the premises for fire code
violations. If the licensee refuses to allow such inspection, the city council
may refuse to issue or renew a license.
2. Every licensee shall, within sixty (60) days after the city has given notice,
remedy any fire code violations which endanger the lives of those on the
premises including patrons and employees. If the licensee fails to remedy
such violations, the city council may refuse to issue or renew a license, or
may seek any remedy available under City Code Section 4-1-15. (Ord. 2009-
008, 3-2-2009)
2. Sections 4-1-11 H, I, J and K of the. Albertville City Code are hereby added as
follows:
H. Outdoor Activities. No on -sale establishment may provide any outdoor
entertainment activity unless such activity is specifically allowed in the license or
a special permit has been issued and the establishment meets all requirements
of this Chapter.
I. Building and Zoning Code Violations:
1. Every licensee shall allow city officials to inspect the premises at
reasonable times for violation of any applicable building or zoning code. If the
licensee refuses to allow such inspection, the city council may refuse to issue
or renew a license.
2. Every licensee shall, within sixty (60) days after the city has given notice,
remedy any building and zoning code violations. If the licensee fails to
remedy such violations, the city council may refuse to issue or renew a
License, or may seek any remedy available under City Code Section 4-1-15.
(Ord. 2009-008, 3-2-2009)
J. All on -sale licensees shall daily clean up the public right of way abutting the
licensed premises and the corresponding right away across the street. Such
clean up shall include removing any litter from the public right of way.
K. For on -sale licensed establishments, alcohol may not be consumed on the
premises unless consumption occurs within the compact and contiguous area
specifically licensed for on -sale transactions, or unless consumption occurs
within a specifically described and screened outdoor area specifically designated
in the liquor license for the premises and unless the conditions in City Code
Section 4-1-13 are met.
85
3. Section 4-1-13E of the Albertville City Code is hereby added as follows:
4-1-13: OUTDOOR LIQUOR SALES:
The sale of intoxicating liquor by a holder of a retail on -sale liquor license issued
by the city may occur outdoors, subject to the following regulations:
E. The license specifically describes and depicts the outdoor area.
4. Section 4-1-15A of the Albertville City Code is hereby amended to read as
follows:
4-1-15: SUSPENSION OR REVOCATION OF LICENSE; CIVIL
FINE:
A. The council may either suspend for up to sixty (60) days or revoke any liquor
license, or impose a civil fine not to exceed two thousand dollars ($2,000.00),
for each violation upon finding that the licensee has failed to comply with any
provision of this Chapter, any City Ordinance or any other applicable statute,
regulation, or ordinance relating to alcoholic beverages. Except in cases of
failure of financial responsibility, no suspension or revocation shall take effect
until the licensee has been afforded an opportunity for a hearing pursuant to
Minnesota statutes sections 14.57 to 14.70 of the administrative procedure
act.
5. This ordinance shall be effective upon its passage and publication.
Passed by the council this day of
ATTEST:
Bridget Miller, City Clerk
_, 2009.
Ron Klecker, Mayor
::
A,lbertville December 7 2009
Small Town Uving. Big City Ufa.
SUBJECT: ADMINISTRATION — COMMUNTIY CABINETBULLENTIN
BOARD IN THE CITY HALL LOBBY
RECOMMENDATION: It is respectfully requested that the Mayor and Council
consider the following two motions:
Motion to approve spending approximately $1,600 of donated funds to purchase and
install a cabinet/billboard in the lobby of City Hall to display City and non-profit
organization awards, notices, banners and other information. Organization are to submit
information and items to City Staff at the front desk who will install and remove dated
material on a weekly basis. Other items that are secured behind glass are to be installed
and rotated by staff on monthly or bi-monthly bases as necessary giving all organizations
equal opportunity. City staff is directed to manage and keep information and items in the
display and on the billboard current, rotating items around giving equal opportunity to all.
BACKGROUND:
A number of organizations have wanted to have a cabinet to display some of their
organizations awards and paraphernalia. Currently organizations display information and
items on easels and our modest billboard promoting their organizations and event. It is
estimated that there are a dozen organizations that may want to take advantage of the
opportunity to display materials.
POLICY CONSIDERATIONS: N/A
FINANCIAL CONSIDERATIONS: The estimated $1,600 will come from accumulated
donations.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to purchase
furniture and fixtures for public buildings.
Respectfully submitted,
, � 4-C
�.
Larry R. se
City Administrator
M:Tublic Data\Requests for Council Actions (RCA)\2009\12 07 2009 Administration Lobby cabinet bill board RCA.doc
4'
A,Ibertvillc
Small Town Uving. Big City Ufa.
MEMORANDUM
Date: December 3, 2009
To: City Council ( `
From: Larry R. Kruse, City Administrator
Re: General Update
I-94 WEST BOUND COLLECTOR DISTRIBUTOR PROJECT
Staff continues to work on bidding the I-94 Project in 2010. City Engineer Nafstad will be
presenting a revised schedule delaying construction letting from April to July of 2010, and
allowing for completion by the fall of 2011. A detailed review of the schedule will be presented
at Monday's meeting.
5975 MAIN AVENUE (Old City Hall)
The building is available for rent. If you hear of any interested parties, please let me know.
JOBS TRAINING PROGRAM
Curtis Middendorf continues to work at City Hall under the Job's Training Program. We were
recently notified that his hours have been increased from 32 to 40 and that he will be available
through April of 2011.
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 represented the City in front of an
Administrative Law Judge as the Hoey Sign Company attempted 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. Briefs have been submitted and exchanged and final
rebuttals documents exchanged. We anticipate receiving a determination in early January.
GARDIAN ANGELS — SENIOR PROJECT
M:\Public Data\City Administrator\2009\Reports to Council\12-07-2009 City Admin Report.doc
Agenda Item No. 9.K.1.
Meeting Date November 2, 2009
Mayor and Council Communication — October 29, 2009
Administrator — Written Report Page 2 of 2
Dan Dixson reported they have submitted their application to HUD and are anxiously waiting to
hear if they get funded.
PHIL MORRIS DEVELOPMENT
The Albert and Emma's Convenience store is progressing on schedule targeting a February
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
On Tuesday, staff will have a final meeting with the Barthel family representatives to finalize our
response to the State Auditor on their findings.
ELECTRIC FRANCHISE AGREEMENTS
Both Wright Hennepin Cooperative Xcel have signed and completed.
ARENA BOARDS
New arena boards have been installed and as soon as the ground freezes, Public Works will
begin flooding.
ANNUAL PERFORMANCE REVIEWS:
Annual performance reviews are being completed in December.
M:\Public Data\City Administrator\2009\Reports to Council\12-07-2009 City Admin Report.doc
Agenda Item No. 9.K• 10
Meeting Date December 7, 2009