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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 .10 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) M:\Public Data\City Council\Council Packet information\2009\12-07-09\12 07 2009 3 A Agenda.docMeeting Date: December 7, 2009 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) M:\Public Data\City Council\Council Packet information\2009\12-07-09\12 07 2009 3 A Agenda.docMeeting Date: December 7, 2009 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 M:\Public Data\City Council\Council Packet information\2009\12-07-09\12 07 2009 3 A Agenda.docMeeting Date: December 7, 2009 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 M:\Public Data\Requests for Council Actions (RCA)\2009\12 07 2009 City Council minutes RCA.doc 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 MAPublic Data\City Council\Council Minutes\2009 Minutes\DraftsW 11-10-09 B-draft special.doc City of Albertville City Council Minutes November 10, 2009 Page 2 of 4 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. M:\PublicData\CityCouncil\CounciI Minutes\2009 Minutes\Drafts\M 11-10-09 B-draft special-doc rd City of Albertville City Council Minutes November 10, 2009 Page 3 of 4 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 M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 11-10-09 B-draft special-doc 5 City of Albertville City. Council Minutes 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 MAPublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M 11-10-09 B-draft special-doc 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. 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 7 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. 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 N. City of Albertville 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. 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 9 City of Albertville 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. M:\Public Data\City Council\Council Minutes\2009 Mirlutes\Drafts\M 11-16-09 B-drafts.doc Agenda Item No. 6. Meeting Date December 7, 2009 10 City of Albertville 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 M:\i'ublic Data\City Council\Council Minutes\2009 Minutes\Drafts\M I 1-16-09 B-drafts.doc Agenda Item No. 6. Meeting Date December 7, 2009 11 City of Albertville City Council Minutes 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 MAPublic Data\City Clerk\Liquor License\Liquor Violation Letters\12 07 2009 City Attorney administrator memo92 Full Moon Saloon Report.doc 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 M:\Public Data\City Clerk\Laquor License\Liquor Violation Letters\12 07 2009 City Attorney administrator memo92 Full Moon Saloon Report.doc 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 M:\Public Data\City Clerk\Liquor License\Liquor Violation Letters\12 07 2009 City Attorney administrator memo92 Full Moon Saloon Report.doc 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 M:\Public Data\City Clerk\L.iquor License\Liquor Violation Letters\12 07 2009 City Attorney administrator memo92 Full Moon Saloon Report.doc 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. M:\Public Data\City Clerk\Liquor License\Liquor Violation Letters\12 07 2009 City Attorney administrator memo92 Full Moon Saloon Report.doc 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